Most motions filed tomorrow but can I use this?

[childofares]

I have a MSJ and was printing out my Motion to Strike Affidavit, and Motion for Dismissal of MSJ but I just looked again at the affidavit and it is dated and notarized Sept 29, 2009. How is this possible when the MSJ was not filed until April 12th of this year? Is this legal? I don't even think the original complaint was filed then.

Oh and can someone point me to a template for requesting discovery? Not compelling it, just requesting for the first time

[BTO429]

All you have to do to shoot down an msj is prove that there are facts that have not been resolved. Period.

What supporting evidence did they file with the motion. If it just an affidavit let me know what it says and who swore the affidavit.

All an msj is for is to eliminate the possibility of loosing in court. They do this all the time. They are easy to fight.

A motion for summary judgment must be filed with supporting evidence. Thus, the party bringing the motion must have conducted discovery and/or submitted evidence to the court, following the applicable rules of evidence. Typically, the party bringing the motion will have filed a Request for Admissions, asking the opposing party to admit or deny certain fact.

In order to defeat a motion for summary judgment, the non-moving party only has to show substantial evidence that a dispute of material facts exists, regardless of the strength of that evidence

[childofares]

All you have to do to shoot down an msj is prove that there are facts that have not been resolved. Period.

What supporting evidence did they file with the motion. If it just an affidavit let me know what it says and who swore the affidavit.

All an msj is for is to eliminate the possibility of loosing in court. They do this all the time. They are easy to fight.

A motion for summary judgment must be filed with supporting evidence. Thus, the party bringing the motion must have conducted discovery and/or submitted evidence to the court, following the applicable rules of evidence. Typically, the party bringing the motion will have filed a Request for Admissions, asking the opposing party to admit or deny certain fact.

In order to defeat a motion for summary judgment, the non-moving party only has to show substantial evidence that a dispute of material facts exists, regardless of the strength of that evidence

I keep seeing the request for admissions but I have not gotten anything like that. Maybe it's just held up? Also if what I'm reading is correct than I should NOT request discovery? The evidence they supplied was the affidavit, and a couple of what look like photocopies or comp printouts of bills with no charges on them, just my name and overage/late fees. That is it. On the previous complaint they supplied a CC agreement but it wasn't mine and it was from 2005 with one section circled with black marker. That is it.

[admin]

Here is an article on affidavits:

http://www.creditinfocenter.com/legal/motion-to-strike-affidavit.shtml

[childofares]

Here is an article on affidavits:

Wow thank you! Lo and behold some the lawyers mentioned in there that file false affidavits are the ones suing me.

[goodguy2]

Wow thank you! Lo and behold some the lawyers mentioned in there that file false affidavits are the ones suing me.

WOW!

[poorbloke]

All you have to do to shoot down an msj is prove that there are facts that have not been resolved. Period.

What supporting evidence did they file with the motion. If it just an affidavit let me know what it says and who swore the affidavit.

All an msj is for is to eliminate the possibility of loosing in court. They do this all the time. They are easy to fight.

A motion for summary judgment must be filed with supporting evidence. Thus, the party bringing the motion must have conducted discovery and/or submitted evidence to the court, following the applicable rules of evidence. Typically, the party bringing the motion will have filed a Request for Admissions, asking the opposing party to admit or deny certain fact.

In order to defeat a motion for summary judgment, the non-moving party only has to show substantial evidence that a dispute of material facts exists, regardless of the strength of that evidence

this is very good news and give me hope! thank you.