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Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8183
Experience:  JD, BBA, recognized by ABA for excellence.
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Can you motion to strike the court of appeals something in

Customer Question

can you motion to strike the court of appeals something in that was in the record in the district court?
Submitted: 7 months ago.
Category: Employment Law
Expert:  Maverick replied 7 months ago.
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Expert:  Maverick replied 7 months ago.
Typically that is not possible since it is already part of the record on appeal and also not necessary as the appellate court can decide for itself whether the item you wish to strike is relevant, material and/or admissible evidence which is not unfairly prejudicial. That said, what is the substance/content that you wish to strike from the record
Customer: replied 7 months ago.
the defendant's submitted fraudulent documents to attempt to block summary judgment, since the district court dismiss the case it didn't rule upon the motion to strike those documents since it was moot. now the matter is in court of appeals where I would ask for summary judgment and was going to motion to strike the defendants fraudulent documents.
Expert:  Maverick replied 7 months ago.
1. on what grounds did the court dismiss your case?2. what type of case is it?3. what claims did you make? When it goes to the appellate court, things work differently. You want those documents all in the record on appeal and you want to show the appeal court how and why they are fraudulent and that the trial court ABUSED ITS DISCRETION in denying your motion for summary judgment. Of course, you will also have to show that the court abused its discretion in granting the motion to dismiss. See page 8 here for help with this.