Montana Motion in Limine
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(a) Whenever an attorney representing a party to an action, or in another civil proceeding of any kind, is removed, withdraws, or ceases to act as such, the attorney must inform the court and all other parties of the full name and address of the attorney's client and any other information which the court may find ...
The purpose of a motion in limine is to determine whether certain evidence may be presented to the jury, in any form and at any stage. See Lapasinskas, supra, and 63 ALR 3d 311. Generally, a motion in limine is used to exclude evidence that a party believes to be irrelevant or unfairly prejudicial.
Rule 1 ? Form of Papers Presented for Filing. The word ?papers? as used in this Rule includes all documents and copies except exhibits and records on appeal from lower courts.
The summary judgment procedure under Rule 56, Federal Rules of Civil Procedure, which is identical to Rule 56, Montana Rules of Civil Procedure, was intended to provide a method of promptly disposing of actions in which there is no genuine issue of any material fact.
(i) Responses to motions to dismiss, for judgment on the pleadings, or for summary judgment must be filed within 21 days after the motion was filed. (ii) Responses to all other motions must be filed within 14 days after the motion was filed.
Rule 2 ? Motions. Except as provided in M. R. Civ. P. 56(c), within fourteen days after service of the movant's brief, the opposing party shall file an answer brief which also may be accompanied by appropriate supporting Page 2 2 documents.
If a pleading sets out a claim for relief that does not require a responsive pleading, an opposing party may assert at trial any defense to that claim. No defense or objection is waived by joining it with one or more other defenses or objections in a responsive pleading or in a motion.
Your motion in limine should be broken into two sections: (1) Factual Background and (2) Argument. The ?Factual Background? section of your Memorandum should include all of the facts necessary for the judge to resolve every issue raised in your motion. appropriate, include procedural posture, as well.
