OBJECTION TO AFFIDAVIT

[COURT TITLE]
[CAPTION] ____________________________________/ OBJECTION AND MOTION IN LIMINE IN RESPONSE TO AFFIDAVIT OF AND RELATED ARGUMENTS THEREWITH Comes now the defendant and hereby objects to the affidavit of the related arguments made therewith, for the following reasons: 1. The affidavit and exhibits are not relevant, prejudicial and is and

inadmissible hearsay and is not admissible at trial with the opportunity for crossexamination. 2. The defendant objects to this affidavit on the ground that it is not

relevant and is inadmissible hearsay. Anyone can testify to the facts in that affidavit, the affiant has no personal knowledge as to whether or not the defendant promised to pay under any certain terms, or that the plaintiff even lent anything to the defendants. On what date was the disputed account opened and on what date did the affiant obtain personal knowledge of the account? Was the affiant present at the time and witness the purported promise to pay, or did the affiant witness the plaintiff lend money to the defendant? 3. The affidavit is utterly silent on these facts. Any person shopping at the mall could have signed this same affidavit. If plaintiffs attorneys could have simply handed a person they found shopping at the mall, some books and records they created and had them read and agree with the affidavit form, that person could then sign it for a fee. This is a form used hundreds if not thousands of times by the plaintiffs attorneys. It does not contain the original thought of the affiant. 4. And certainly sending bills does not establish a debt or even a loan as they claim. If that were possible, we could all retire today by sending bills to

people listed in the phone book. Where is an authenticated copy of a credit or loan agreement bearing the signature of the defendant and date of execution? Where is the evidence that the plaintiff actually agreed to lend money or something of value to the defendant, and where is the evidence that the plaintiff in fact did lend anything to the defendant? 5. After many years of schooling, several college degrees, thousands of hours of training and practical experience, the plaintiffs attorneys represent the plaintiff, one of the largest financial institutions on the planet, demanding thousands of dollars from the defendant, and the only attempt at evidence they can provide, that was not even attached to the complaint, is an affidavit of some employee who was not commissioned to sign the form until just before or after this lawsuit was initiated. More must be expected of the plaintiff, indeed, the defendant is held to compliance of the same rules created by these and other lawyers and by the largest money interests in the world. Why should the plaintiff not be held to a standard that is commensurate with its status, magnitude and the claims it now makes? WHEREFORE defendant requests an order sustaining this objection and granting the motion in limine. DATED this ___ day of [month] [year].