Motion in Limine

{STYLE OF THE CASE}

{PARTY}’S MOTION IN LIMINE

Before the voir dire examination of the jury panel, and out of the presence and hearing of the jury panel, {party}, {name}, makes this motion in limine.  {Party} seeks to exclude matters that are inadmissible, irrelevant, or prejudicial in this case.  If {adverse party}, {name}, injects these matters into the trial of this case through a party, an attorney, or a witness, it will cause irreparable harm to {party}’s case, which no jury instruction could cure.  If any of these matters are brought to the attention of the jury, directly or indirectly, {party} will be compelled to move for a mistrial.  In an effort to avoid prejudice and a mistrial, {party} urges this motion in limine.  

{Party} asks the court to instruct {adverse party} and all counsel not to mention, refer to, interrogate about, or attempt to convey to the jury in any manner, either directly or indirectly, any of the matters listed below without first obtaining a ruling from the court outside the presence and hearing of the jury, and to instruct {adverse party} and all counsel to warn and caution each witness to follow the same instructions.

A.  Grounds

{CHOOSE APPROPRIATE PARAGRAPHS 1-64}

{Grounds for either party}

1. Any witness {adverse party} did not name in response to requests for disclosures or interrogatories, or any evidence requested by {party} but not produced by {adverse party}.  See
2. Any testimony or arguments that contradict {adverse party}’s deemed admissions.  See
3. Any testimony or argument suggesting that {party} asserted claims of privilege during discovery.  Claims of privilege are not admissible as evidence.  See
4. Any attempt to elicit testimony from {party} about communications with {his/her/its} attorneys.  Such communications are privileged.
5. Any attempt in the presence of the jury to ask {party}’s attorneys to produce documents, stipulate to any fact, or make any agreement.
6. Any testimony by {adverse party}’s expert about {his/her} discussions with another expert.  See
7. Any evidence that {party}’s expert was represented by {party}’s counsel in a past lawsuit.  Such evidence is not admissible for impeachment purposes.
8. Any mention that {party} is an atheist.  Evidence of a witness’s religious beliefs is not admissible to enhance or impair credibility.  
9. Any mention that any party or witness goes to church every Sunday and tithes or does not go to church and does not tithe.  Evidence of a witness’s religious beliefs is not admissible to enhance or impair credibility.    
10. Any mention that {party} often {describe conduct}.  Even though evidence of a habit may be admissible to prove that a party’s conduct on a particular occasion confirmed with the habit or routine practice, evidence of past conduct that does not rise to the level of habit is inadmissible.  See
11. Any mention that {party} drinks or spends excessively on the purchase of alcoholic beverages.  Intoxication is not an issue in this trial, and this evidence would unduly prejudice the jury against {party}.  See
12. Any mention that {party} received a dishonorable discharge from the military.
13. Any mention that {party} has not filed income-tax returns.  See
14. Any mention that any party or witness is rich or poor, which is irrelevant and prejudicial.  See  
15. Any mention of the value of {party}’s assets, which can be an indicator of wealth; such evidence is irrelevant and prejudicial.  See
16. Any mention that {party} {did not receive/received/paid} a traffic ticket.  See
17. Any mention that {party} was convicted of misdemeanor DWI.  Evidence of criminal convictions is admissible for impeachment only if the crime was a felony or involved moral turpitude and the trial court rules that the probative value outweighs the prejudicial effect. see
18. Any mention of a statement made by {party} during plea negotiations that did not result in a guilty plea, or resulted in a guilty plea that was later withdrawn.
19. Any mention that {adverse party} received a Purple Heart from the military.
20. Any mention that {party}’s witness is a resident alien and is about to be deported.  See
21. Any mention, by reference to title or otherwise, that the witness, {name}, who will be called by {adverse party}, {is/was} a judge.  The jury should not be influenced by {name}’s {present/former} status as a judge, which would increase the probative value of {name}’s testimony and unfairly prejudice the jury in {adverse party}’s favor.
22. Any mention of the probable testimony of a witness who is absent, unavailable, or not called or allowed to testify in this case.
23. Any testimony in violation of the Dead Man’s Rule.
24. Any comment by {adverse party}’s attorney that informs the jury of the effect of its answers to the questions in the charge.  See
25. Before the court rules on the law applicable to this case, any statement of the law other than that regarding the burden of proof and the basic legal definitions that counsel believes to be applicable.
26. Any mention of the letter from {adverse party}’s attorneys advising that {party}’s claim was a {certain winner/loser}.  See
27. Any mention of a regulatory measure, which is not admissible without a showing of both its application to the situation in question and a clear violation of the regulation.  See  
28. Any mention that the parties engaged in settlement negotiations.  See
29. Any mention of any statement made by {party} during settlement negotiations. see   
30. Any mention that {party} {is/was} involved in other suits.  See
31. Any comment that an award of damages will affect insurance premiums, the price of any goods or services, or the level of taxation.
32. Any comment that the jurors should put themselves in the position of {adverse party}.  
33. Any comment from {adverse party}’s attorney regarding {his/her} personal opinion about the credibility of any witness.  See

                                         

     

                                                 {Grounds for plaintiff}

     

34. Any attempt to elicit testimony or introduce records from plaintiff’s {physician/psychologist} concerning plaintiff’s mental or emotional health.  Such communications are privileged because plaintiff’s mental and emotional health do not relate in a significant way to {his/her} claim.  See
35. Any testimony or argument suggesting that plaintiff’s attorney has a contingency fee in the suit.  See
36. Any photographs of plaintiff exercising strenuously after the accident, which were obtained by defendant’s investigator in violation of __ Disciplinary Rule of Professional Conduct __.  See ___.  Plaintiff contends that defendant’s attorney instructed {his/her} investigator, in violation of the ____ Disciplinary Rules of Professional Conduct, to contact plaintiff, befriend {him/her}, and invite {him/her} to exercise strenuously.  If the court overrules this matter, plaintiff requests the opportunity to make a record on this issue and examine defendant’s attorney and {his/her/its} investigator.
37. Any mention that plaintiff received benefits under the provisions of {his/her} uninsured-motorist policy.  See
38. Any mention that plaintiff received health, accident, or disability insurance.  See
39. Any mention that plaintiff received retirement benefits.  See
40. Any mention that plaintiff received unemployment benefits.  See
41. Any mention that plaintiff received Social Security disability payments.  See
42. Any mention that plaintiff received veteran’s benefits.  See
43. Any mention that plaintiff received free medical care.  See
44. Any mention that plaintiff received contributions from family, friends, or {his/her} employer.
45. Any mention that plaintiff received benefits from sick leave or vacation time.
46. Any mention that plaintiff, the surviving spouse in a death case, {had an extramarital relationship/is married under the common law/is engaged to be married}.  
47. Any mention of the financial consequences of plaintiff’s remarriage.  See
48. Any mention that plaintiff’s recovery will not be subject to taxation.  See
49. Any testimony or argument suggesting that plaintiff {should have pursued/did not pursue} any remedy or remedies authorized by the ____ Workers’ Compensation Act.  See
50. Any reference to collateral sources, including group health-insurance benefits.  See .
51. Any mention of plaintiff’s claim against {name}.  Evidence of another claim to show that plaintiff is a “professional litigant” is improper.  See
52. Any mention that an insurance company owns a portion of plaintiff’s claim.
53. Any testimony or evidence regarding injuries plaintiff suffered before the injuries that are the subject of this suit. 

                                          

     

                                                {Grounds for defendant}

     

54. Any reference to minutes of a hospital section meeting, which are privileged under Health & Safety Code sections ___.  See
55. Any comment that attempts to impose liability on or arouse prejudice against defendant simply because it is a corporation.
56. Any comment or reference to defendant corporation as “foreign” or “alien” or any similar comment that may draw on the jury’s prejudices toward defendant corporation’s home country.  Such evidence is irrelevant, and its probative value is substantially outweighed by the danger of unfair prejudice.
57. Any comment to the jury that the court can reduce the amount of the jury’s award.
58. Any comment regarding who pays the damages, or whether defendant will pay the damages.
59. Any mention that defendant is covered by liability insurance. See
60. Any mention that plaintiff’s collateral compensation was reduced.  For example, the loss of Social Security benefits by a widow and child is not admissible as evidence that they are entitled to a larger damages award.  See   
61. Any mention of post accident changes.  Evidence of post accident changes is not admissible to prove negligence, culpable conduct, a defect in a product or its design, or a need for a warning or instruction.  
62. Any comment on or reference to other criminal activity that took place at defendant’s other {identify premises, e.g., apartment buildings, stores}.  Merely because crimes have occurred at {identify premises, e.g., an apartment building, a store} in a high-crime area does not make it more likely that crimes will occur at another {identify premises, e.g., apartment building, store} in another area.  For a risk to be foreseeable, there must be evidence of criminal activity within the specific area at issue, either in close proximity to or on the landowner’s property. The factors of proximity, recency, frequency, similarity, and publicity must be considered in determining whether criminal conduct was foreseeable.  These factors are not present in this case.
63. Any comment on or reference to unreported criminal activity at defendant’s other {identify premises, e.g., apartment buildings, stores}.  See. Unreported criminal activity on the premises is not evidence of foreseeability.  Previous similar incidents cannot make future crime foreseeable if no one knew or should have known that those incidents occurred.  
64. Any mention that defendant paid or made offers to pay any of plaintiff’s medical expenses.      
                                                       B.  Prayer

     

65. For these reasons, {party} asks the court to instruct {adverse party} and {his/her/its} counsel and witnesses not to mention, refer to, interrogate about, or attempt to convey to the jury in any manner, either directly or indirectly, any of the matters listed above without first obtaining a ruling from the court outside the presence and hearing of the jury.