2fightback Posted April 12, 2009 Report Share Posted April 12, 2009 While reviewing our state's RCP's, we came across this one regarding motions to strike:(f) Motion to Strike. Upon motion filed by a party before responding to a pleading or, if no responsive pleading is permitted by these rules, upon motion filed by a party within twenty days after the service of any pleading, motion, or other paper, or upon the court's own initiative at any time, the court may order any redundant, immaterial, impertinent, or scandalous matter stricken from any pleading, motion, or other paper. The objection that a responsive pleading or separate defense therein fails to state a legal defense may be raised by motion filed under this section (f).Our question is, does the above rule in essence say that we would have to file said Motion to Strike within 20 days of receiving the Plaintiff's affidavit of assignment/purchase? We received the affidavit about ten days ago, so just checking to see if there is a time limit for us to fight it. Also, what is the last sentence referencing?We then also found this rule under the simplified procedures, which possibly pertains to this case:(6) Trial Exhibits. All exhibits to be used at trial which are in the possession, custody or control of the parties shall be identified and exchanged by the parties at least 30 days before trial. Authenticity of all identified and exchanged exhibits shall be deemed admitted unless objected to in writing within 10 days after receipt of the exhibits. Documents in the possession, custody and control of third persons that have not been obtained by the identifying party pursuant to document deposition or otherwise, to the extent possible shall be identified 30 days before trial and objections to the authenticity of those documents may be made at any time prior to their admission into evidence.Which one applies here if none of the paperwork specifies whether this is a simplified procedure or not. Link to comment Share on other sites More sharing options...
2fightback Posted April 12, 2009 Author Report Share Posted April 12, 2009 Anyone? Link to comment Share on other sites More sharing options...
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