MOTION TO STRIKE

RETURN DATE:                                                       : SUPERIOR COURT

XXX                                                  : JUDICIAL DISTRICT OF DANBURY

  1. : AT DANBURY

XXX and XXX      : [INSERT DATE]

DEFENDANT’S MOTION TO STRIKE.

Pursuant to Connecticut Practice Book § 10-39, the Defendant, XXX, in the above-entitled matter moves to strike the Plaintiff’s Complaint dated [INSERT] on the grounds that:

  1. Count One of the Plaintiff’s Complaint fails to state a claim upon which relief can be granted and is insufficient as a matter of law.

 

  1. Count Five of the Plaintiff’s Complaint fails to state a claim upon which relief can be granted and is insufficient as a matter of law.

 

  1. Count Six of the Plaintiff’s Complaint fails to state a claim upon which relief can be granted and is insufficient as a matter of law.

 

  1. Count Seven of the Plaintiff’s Complaint fails to state a claim upon which relief can be granted and is insufficient as a matter of law.

 

  1. Count Eight of the Plaintiff’s Complaint fails to state a claim upon which relief can be granted and is insufficient as a matter of law.

 

A Memorandum of Law in support of this Motion is attached herein.

 

WHEREFORE, Defendant, XXX, respectfully moves that this Court

strike the Plaintiff’s Complaint dated [INSERT].

THE DEFENDANT,

………….………….PRO SE

XXX

          [INSERT YOUR ADDRESS]

        [INSERT YOUR PHONE NUMBER]

   [INSERT YOUR EMAIL]

ORAL ARGUMENT IS NOT REQUESTED

TESTIMONY IS NOT REQUIRED

 

 

RETURN DATE:                                                       : SUPERIOR COURT

XXX                                                   : JUDICIAL DISTRICT OF DANBURY

  1. : AT DANBURY

XXX and XXX   : [INSERT DATE]

 

DEFENDANT’S MEMORANDUM OF LAW IN SUPPORT OF MOTION TO STRIKE.

 

  1. INTRODUCTION.

 

  1. I, XXX, hereby request the court to grant this Motion to Strike based on the grounds of legal insufficiency and the absence of a legally recognized DNA test to support Plaintiff’s claims.

 

  1. Plaintiff’s allegations are based on hearsay and the results of a non-legal 23-and-me test conducted by my 32-year-old son. I contend that this evidence does not meet the necessary standards to form a basis for a legitimate claim of paternity fraud.

 

  1. FACTUAL BACKGROUND.

 

  1. On [INSERT DATE], Plaintiff,XXX, filed a civil Complaint against me, alleging that I engaged in paternity fraud concerning our 32-year-old son, XXX.

 

  1. Plaintiff’s argument relies solely on the results of a 23-and-me test that my son underwent a couple of years ago. It is essential to emphasize that this test was not conducted as part of a legally recognized and court-admissible DNA paternity test.

 

  1. Plaintiff claims that our son’s discovery of familial connections through a 23-and-me test in December 2022, which indicated he was not biologically connected to his father, serves as evidence for his allegations. Subsequently, he seeks to recover costs he incurred raising and educating our son.

 

  • LEGAL BASIS.

 

  1. I am seeking this Motion to Strike in light of the following legal grounds:

 

  1. Hearsay Evidence: Plaintiff’s claim is primarily built upon hearsay evidence. The 23-and-me test results, as viewed by my son, do not meet the criteria for admissible evidence in a court of law.
  2. Plaintiff’s case relies solely on hearsay evidence derived from the results of a 23-and-me test that my son conducted a couple of years ago. Hearsay evidence is generally inadmissible in court due to its lack of credibility, reliability and inability to be cross-examined. As such, the plaintiff’s case should not be predicated on this unverified and uncorroborated hearsay.

 

  1. Hearsay evidence is generally inadmissible in court proceedings, as it is considered secondhand information and lacks the necessary reliability and directness required for a fair legal process.

 

  1. Under Connecticut Code of Evidence Section 8-3(3)], hearsay evidence is not admissible in civil proceedings unless an exception applies. Therefore, Plaintiff’s reliance on hearsay to support his claim of paternity fraud renders his Complaint legally insufficient.

 

  1. Lack of Legal DNA Test: Plaintiff has failed to provide any legally recognized DNA test results to substantiate his allegations of paternity fraud. The use of non-legal genetic testing, such as the 23-and-me test, does not meet the necessary legal standards to determine parentage accurately.

 

  1. The 23-and-me test, while informative for genealogical purposes, is not a legally admissible method for establishing parentage. Without a proper and Court-approved DNA test, Plaintiff’s case lacks the necessary foundation to proceed.

 

  1. According to the State Law on DNA evidence, a legally recognized and court-admissible DNA test is necessary to determine paternity with a high degree of accuracy.

 

  1. Plaintiff’s failure to provide any legally recognized DNA test results to support his claim further substantiates the legal insufficiency of his Complaint.

 

  • Failure to Meet Burden of Proof: Plaintiff has not met the burden of proof required in a civil case.

 

  1. Under Connecticut Code of Evidence, the burden of proof rests with the Plaintiff to establish the validity of his allegations by presenting credible and admissible evidence. See XXX)

 

  1. Plaintiff’s reliance on hearsay and non-legal genetic testing fails to meet this burden, further weakening the merits of his Complaint.

 

  1. Refusal of DNA Test: Furthermore, my son, who is central to this case, is unwilling to undergo a legal DNA test to establish or refute paternity conclusively.

 

  1. As a 32-year-old individual, he is well within his rights to refuse such a test. Since Plaintiff’s case is dependent on this unwillingness, it cannot be supported by proper legal evidence.

 

  1. The Law acknowledges the rights of individuals to refuse a DNA test for such purposes. This refusal undermines the credibility and merit of Plaintiff’s claim, further supporting this Motion to Strike based on legal insufficiency.
  • Top of Form

 

  1. Law Supporting the Motion to Strike:

 

  1. The Connecticut General Statutes, specifically Section 46b-160(b), outlines the procedures for determining paternity in family cases. Subsection (b) establishes the admissibility of genetic tests to determine paternity.

 

  1. However, it is essential to note that this section only recognizes genetic tests conducted by a laboratory approved by the Commissioner of Public Health or ordered by the court. The 23-and-me test, being conducted for recreational genealogical purposes, does not satisfy these criteria.

 

  • O’Donnell v. AXA Equitable Life Ins. Co., XXX“…The legal standard applicable to a motion to strike is well settled. The purpose of a motion to strike is to contest … the legal sufficiency of the allegations of any complaint … to state a claim upon which relief can be granted. … A motion to strike challenges the legal sufficiency of a pleading, and, consequently, requires no factual findings by the trial court.”

 

  1. CONCLUSION.

In light of the aforementioned legal grounds and the lack of legally recognized DNA evidence to support the Plaintiff’s claim, I respectfully request the Court to grant this Motion to Strike and dismiss the Plaintiff’s Complaint. The absence of legally recognized DNA evidence, reliance on hearsay evidence, failure to meet the burden of proof, and the refusal of our son to undergo DNA testing renders the Plaintiff’s Complaint unsubstantiated and without merit.

 

Respectfully Submitted,

Dated:                                                                                      By: [INSERT YOUR DETAILS]Top of Form

CERTIFICATION.

I certify that a copy of the above was delivered electronically on [INSERT DATE] to all counsel and self-represented parties of record and that written consent for electronic delivery was received from all counsel and self-represented parties of record who were electronically served.

 

[INSERT PLAINTIFF’S ADVOCATE’S DETAILS]

                                                                                                  THE DEFENDANT,

………….………….PRO SE

XXX

          [INSERT YOUR ADDRESS]

        [INSERT YOUR PHONE NUMBER]

   [INSERT YOUR EMAIL]

 

 

 

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