Motion to strike witnesses

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Respondent, §

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Movant. §

MOVANT’S MOTION TO STRIKE RESPONDENT’S WITNESSES

CERTIFICATE OF CONFERENCE

On the _____ day of ____________ 20___, a conference was held with ________________, the attorney for _____________, regarding the merits of this Motion. Agreement could not be reached. Therefore, this Motion is presented to the Court for determination.

MOTION

NOW COMES ____________________, ____________ in the above entitled and numbered cause, and files this its ______________’s (hereafter “Movant”) Motion to Strike Respondent’s Witnesses, and in support thereof would show the Court as follows:

I. OBJECTIONS TO WITNESSES TIMELY SUBMITTED

Movant timely filed its Objections to Plaintiff’s (hereafter “Respondent”) Witnesses as required by the Court’s Scheduling Order. See, Objections to Respondent’s Exhibits and Witnesses and exhibits thereto, on file with the Court. Among the objections urged by Movant were objections:

1. to witnesses ______________, _______________ and _______________ as being insufficiently identified as required by the Rules of Civil Procedure;

2. to the testimony of ______________, _______________ and _______________ under Federal Rule of Evidence 404 and Federal Rule of Evidence 602;

3. to using the depositions of _________________, _______________ and _______________ because Respondent has not complied with Federal Rule of Civil Procedure 26 and/or the Court’s Scheduling Order;

4. to the testimony of Respondent, since ____________ was never identified in response to interrogatories. Respondent’s pre-trial disclosure of ___________ as a witness, more than ________ after the discovery cutoff, is untimely. Further, because of the late identification, Movant did not have the opportunity to depose ____________ prior to the deposition cutoff deadline.

II. MOTION TO STRIKE ______________, ______________, AND ____________

This motion is made to strike witnesses ______________, _______________ and _______________ on the grounds outlined above and in Movant’s Objections, based on the pleadings and papers on file in this cause and the documents attached to Movant’s Objections, and as further detailed in the Brief filed herewith in support of the Objections and this Motion.

III. IT IS IN THE INTEREST OF

JUSTICE TO DECIDE THIS MATTER NOW

The trial in this matter is...