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Help with Affidavit on MSJ


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The Plaintiff CAP1's atty filed an MSJ. Count 2 says:

2. Plaintiff will file or has filed an affidavit which constitutes sufficient evidence in support of its claim of the non-existence of a genuine issue as to any material fact. Therefore, Plaintiff has sustained its burden of proof and is entitled to a summary final judgment.

So far this affidavit has not been filed. How long do they have to file it? Or can it be filed anytime up to the trial I want an opprtunnity to file a Motion to Strike if applicable.

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You would file an Opposition and Memorandum to MSJ, not an MTS. Motions to Strike are for pleadings which are insufficient as a matter of law. That means they are so screwed up nobody can understand them, or they are procedurally defective. I should think they should have attached their affidavit. Weird, affidavits are not evidence, and lawyers cannot testify as to the veracity of the evidence they submit to the court. Here's a sample you can convert to your use.

Plaintiff's Memorandum of Law In Opposition to Defendants Motion for Summary Judgment | Eddie and Reba Sutton v. Sun Coast Media | Melvin Wright - JDSupra

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