Florida Motion in Limine to Prevent Reference to Seat Belt Use

State:
Multi-State
Control #:
US-MOT-01416
Format:
Word; 
Rich Text
Instant download

Description

This form is a model Motion In Limine to Prevent Reference to Seat Belt Use. It may be possible to exclude testimony on seatbelt use or lack thereof in an auto accident case. This motion allows the judge to rule on the issue prior to the jury being present.
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FAQ

Stated in the most general terms, a proper motion in limine is an evidentiary motion that seeks a determination as to whether to exclude (or admit) evidence before it is offered at trial. Luce v. United States, 469 U.S. 38, 40 n.

Leading authority on the topic states that the phrase ?in limine? has been fully anglicized and thus is no longer is italicized.

However, it's important to understand you don't have to admit guilt and pay your ticket. You can contest your seat belt violation with experienced legal representation, so you don't have to pay any fines or have any added points to your license.

Motions in limine should be carefully drafted to make clear precisely what evidence should be excluded and to explain with as much clarity as possible why the inadmissible evidence is so damaging that its mere mention would be unfairly prejudicial.

Let's start with a motion in limine included in virtually every set defense attorneys in Georgia file: a prohibition on so-called Golden Rule arguments, in which a trial attorney asks the jury to place themselves in the plaintiff's shoes.

A motion in limine is a procedural mechanism that allows litigators to seek to exclude certain evidence from being presented to a jury ? typically evidence that is irrelevant, unreliable, or more prejudicial than probative.

These arguments are: (1) The belt can cause injuries; (2) the belt constitutes an obstacle to maneuvering the vehicle easily and smoothly; (3) it is dangerous to sit fastened in a car if it should catch fire or sink into a lake; (4) in case of a collision it is better to be thrown out of the car than to be belted-in; ( ...

Examples of motions in limine include a request by the defendant's attorney to exclude personal information, such as medical, criminal, or financial records, from being admitted as evidence.

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Florida Motion in Limine to Prevent Reference to Seat Belt Use