His topics include relevancy and its limitations, relevant evidence deemed inadmissible for policy reasons, evidentiary foundations and issues during trial, drafting and arguing motions in limine
, and the trial judge's role and control during trial.
About a year and a half ago, this column addressed a decision from the Minnesota Court of Appeals holding that an appellant was required to bring a motion for a new trial to preserve for appeal certain evidentiary issues raised in motions in limine
even if the motions were heard and decided prior to trial.
Motion for summary judgment and motions in limine
Prior to trial, each party filed motions in limine
, including the one at issue here, in which the City of Zion asked that any evidence regarding Burton's 2008 encounter with Officer Richardt be omitted from evidence.
Some common types of motions include: 1, motions in limine
, which are requests to exclude certain types of evidence and testimony from being heard by the jury; 2, motions to compel, which ask the court to order the opposing party or a third party to take a particular action (these are typically filed in relation to discovery disputes when one party claims the other party should provide access to certain information); and 3, motions to dismiss, which ask the court to dismiss the case in its entirety based only on the allegations in the complaint because those allegations fail as a matter of law.
Summary: More than 20 years into the Daubert era, a surprising number of litigators still have doubts and disagreements about the effectiveness of motions in limine
District courts have granted government motions in limine
to exclude personal use evidence in marijuana-trafficking prosecutions under Rules 401 and 402.
In October 2011, in anticipation of trial, the parties filed motions in limine
. One dealt with ASIC's alleged duty to defend.
There are various potential grounds for appeal and ways to preserve issues for appeal, including dispositive motions, motions in limine
,* jury instructions, and post-trial motions.
Engage litigation counsel regarding motions in limine
, and know whether such motions preserve issues for appeal
Wohlgelernter's presentation focused on motions in limine
, providing insight into the handling of these motions from both the plaintiff's and defense perspectives.
Based on those opinions, all plaintiffs filed motions in limine
to exclude Nurse Hambrick's and Dr.