While they call it a "motion to strike," striking it doesn't actually remove it from the record, just precludes the trier of fact from using it as evidence to try the case.Just because something is not allowed to be used as part of the TCPA does not mean it’s removed altogether
Yes. It's a "prior inconsistent statement" and can be used to impeach the witness or, for that matter, file a motion to strike the actual witness and not allow them to testify at all. In this case, it might be accompanied by a request for the court to refer the matter to the prosecutor for a possible perjury prosecution.And if it differs from the original affidavit? Thats a problem right?