New Mexico Motion in Limine to Prevent Reference to Seat Belt Use

• Category: Civil Procedure - Motions - Sample Motions
• State: Multi-State
• Control #: US-MOT-01416
• Format: Word; Rich Text

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. New Mexico Motion in Liming to Prevent Reference to Seat Belt Use In the state of New Mexico, a Motion in Liming can be filed by either the plaintiff or the defendant in a personal injury case to exclude any reference to seat belt usage. This motion seeks to prevent the jury from being informed or influenced by evidence related to whether the parties involved were wearing a seat belt at the time of the incident. Here are a few different types of New Mexico Motion in Liming to Prevent Reference to Seat Belt Use: 1. Traditional Motion in Liming: This is the most common type of motion filed by either party in a personal injury case. It requests the court to prohibit any mention, testimony, or evidence related to the use or non-use of seat belts by the individuals involved. The goal is to prevent any potential bias or prejudice that may arise from this information, as well as to ensure that the jury focuses solely on the core issues of the case. 2. Motion in Liming Based on Irrelevant and Unfair Prejudice: This variation of the motion argues that introducing evidence regarding seat belt use would serve no purpose other than to create bias or unfair prejudice against the party who was not wearing a seat belt. It asserts that such evidence is irrelevant to the determination of liability and damages, as New Mexico follows the doctrine of modified comparative negligence, which reduces the damages recoverable by the injured party based on their own percentage of fault. 3. Motion in Liming to Exclude Evidence of Seat Belt Non-Use by Both Parties: In some cases, both the plaintiff and the defendant may have failed to use a seat belt. This motion requests the court to exclude any evidence regarding seat belt non-use by both parties to ensure a fair trial without any potential prejudice. The argument is that the parties' failure to wear a seat belt should not affect the jury's determination of fault or compensation. 4. Motion in Liming to Exclude Seat Belt Use Evidence from Photographs or Videos: Sometimes, visual evidence such as photographs or videos may show the parties involved wearing or not wearing seat belts. This motion seeks to exclude such visual evidence or requests the court to redact or blur out any seat belts shown in the images. The purpose is to prevent the jury from being influenced or distracted by seat belt-related information that may not be directly relevant to the case. 5. Motion in Liming to Exclude Any Seat Belt Discussions During Void Dire: During the jury selection process, attorneys may attempt to gauge potential jurors' biases or opinions about seat belt use. This motion aims to prevent attorneys from discussing seat belts during void dire, as it may unduly influence jurors or lead to juror disqualification based on their beliefs regarding seat belt usage. By filing these various types of New Mexico Motion in Liming to Prevent Reference to Seat Belt Use, the parties involved in a personal injury case can seek to ensure a fair trial without the potential introduction of seat belt-related evidence or discussions that may create bias or prejudice.

New Mexico Motion in Liming to Prevent Reference to Seat Belt Use In the state of New Mexico, a Motion in Liming can be filed by either the plaintiff or the defendant in a personal injury case to exclude any reference to seat belt usage. This motion seeks to prevent the jury from being informed or influenced by evidence related to whether the parties involved were wearing a seat belt at the time of the incident. Here are a few different types of New Mexico Motion in Liming to Prevent Reference to Seat Belt Use: 1. Traditional Motion in Liming: This is the most common type of motion filed by either party in a personal injury case. It requests the court to prohibit any mention, testimony, or evidence related to the use or non-use of seat belts by the individuals involved. The goal is to prevent any potential bias or prejudice that may arise from this information, as well as to ensure that the jury focuses solely on the core issues of the case. 2. Motion in Liming Based on Irrelevant and Unfair Prejudice: This variation of the motion argues that introducing evidence regarding seat belt use would serve no purpose other than to create bias or unfair prejudice against the party who was not wearing a seat belt. It asserts that such evidence is irrelevant to the determination of liability and damages, as New Mexico follows the doctrine of modified comparative negligence, which reduces the damages recoverable by the injured party based on their own percentage of fault. 3. Motion in Liming to Exclude Evidence of Seat Belt Non-Use by Both Parties: In some cases, both the plaintiff and the defendant may have failed to use a seat belt. This motion requests the court to exclude any evidence regarding seat belt non-use by both parties to ensure a fair trial without any potential prejudice. The argument is that the parties' failure to wear a seat belt should not affect the jury's determination of fault or compensation. 4. Motion in Liming to Exclude Seat Belt Use Evidence from Photographs or Videos: Sometimes, visual evidence such as photographs or videos may show the parties involved wearing or not wearing seat belts. This motion seeks to exclude such visual evidence or requests the court to redact or blur out any seat belts shown in the images. The purpose is to prevent the jury from being influenced or distracted by seat belt-related information that may not be directly relevant to the case. 5. Motion in Liming to Exclude Any Seat Belt Discussions During Void Dire: During the jury selection process, attorneys may attempt to gauge potential jurors' biases or opinions about seat belt use. This motion aims to prevent attorneys from discussing seat belts during void dire, as it may unduly influence jurors or lead to juror disqualification based on their beliefs regarding seat belt usage. By filing these various types of New Mexico Motion in Liming to Prevent Reference to Seat Belt Use, the parties involved in a personal injury case can seek to ensure a fair trial without the potential introduction of seat belt-related evidence or discussions that may create bias or prejudice.