- 1). Copy the heading for your case -- the heading contains the court, its jurisdiction, the parties' names and the case number. In some states, such as Florida, the heading also contains a division. If your state uses bold-face headings and all capitals, make sure you also write the heading in that manner.
- 2). Center the title "Motion to Strike Affidavit of [affidavit writer's name]" below the heading. Boldface and underline the title. Write the opening paragraph, which introduces you and the motion you are filing. For example, "Comes now, the [Plaintiff/Defendant], [your name], and files this, his [title of pleading], and further states:".
- 3). Write the body of the pleading by listing your allegations. Each allegation should have its own numbered paragraph. For example, "1. The [Plaintiff/Defendant] filed her [title of affidavit you wish to strike] on or about [date]. 2. The affidavit states that [quote first statement you think is untrue]. 3. That the [name of document showing statement is untrue] states that [what your proof shows] (See Exhibit "A" attached hereto and incorporated by reference)."
- 4). Insert the certificate of service. The certificate of service states that you forwarded a copy to the other party via U. S. Mail and the date on which you mailed your motion. You must mail the motion on the same day you file it with the clerk. You can mail the motion to the clerk or you can hand deliver it to the clerk.
- 5). Sign and notarize the motion. You signature block must include your name, address and phone number. Mail or hand deliver the motion to the clerk. Mail it to the other party or his attorney. If you have access to a fax machine, you should also fax the pleading to the other party's attorney, if the other party has retained an attorney.
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