New Mexico Motion in Limine - Personal Injury

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Multi-State
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US-PI-0223
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Description

This form is a sample motion in limine, filed by the plaintiff in a personal injury case, petitioning the court to prevent the introduction of certain evidence at trial.
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FAQ

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.

If one party to a case has filed a motion with the court, the other side can file an ?opposition.? An ?opposition? is a written statement explaining to the judge why the other side is not entitled to whatever he is asking for in his motion. It is your opportunity to oppose the other side's request.

?'Denial of a motion in limine does not necessarily mean that all evidence contemplated by the motion will be admitted at trial. Denial merely means that without the context of trial, the court is unable to determine whether the evidence in question should be excluded.

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. The attorney may argue that these records are irrelevant, immaterial, unreliable, or unduly prejudicial.

You should explain why the other side's motion in limine should be denied and why you should be free to introduce the evidence at trial if you choose. Try to support your argument with citations to court rules or to case opinions which support your argument.

The purpose of a motion in limine is to prevent the introduction of matters at trial which are irrelevant, inadmissible or prejudicial. Some key statutes to rely on in excluding those types of evidence from being introduced at trial are Evidence Code sections 350 and 352.

The phrase in limine in Latin means ?on the threshold.? A motion in limine is used to prohibit or limit certain testimony or evidence at trial. A motion in limine in a personal injury case is a motion typically made before the trial starts but can be made at any time before or during a trial.

No later than 20 days before trial, each party must file all motions in limine and must lodge with the court any items served under (b)(2)-(9) and (c).

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New Mexico Motion in Limine - Personal Injury