The Plaintiff brought a motion under Rule 39.03 to examine witnesses for the Defendants' pending motion to strike his pleadings.
The Defendants argued that motions to strike, particularly under Rule 21.01(1)(b), do not permit the admission of evidence.
The court dismissed the Plaintiff's motion, affirming that evidence is inadmissible on motions to strike pleadings and that the Plaintiff's attempt was an improper fishing expedition to convert the motion into a summary judgment hearing.
