New York 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. A Motion in Liming is a legal request made by one party to the court to prevent the opposing party from introducing certain evidence or making specific arguments during a trial. In the context of New York, a Motion in Liming to Prevent Reference to Seat Belt Use aims to exclude any mention or evidence related to the use of seat belts in a personal injury or negligence case. This motion is frequently filed by defense attorneys to prevent the opposing party from arguing that the injured party's failure to wear a seat belt contributed to their injuries or should be a factor in determining liability. By excluding any reference to seat belt use, defense attorneys hope to lessen the potential impact of this argument on the jury's decision. There are several types of Motions in Liming in New York that can be used to prevent reference to seat belt use: 1. General Motion in Liming: This motion requests a broad exclusion of any evidence regarding seat belt use throughout the entire trial. It seeks to prohibit both direct and circumstantial references to whether the injured party was wearing a seat belt or not. 2. Pre-trial Motion in Liming: This motion is filed prior to the trial and aims to exclude any mention of seat belt use during pre-trial proceedings, including depositions and settlement negotiations. It sets the tone for the trial and prevents the issue from being raised in any context before the jury. 3. Motion in Liming to Exclude Witness Testimony: This motion targets specific witnesses, such as accident reconstruction experts or medical professionals, who may testify about the impact of not wearing a seat belt. It seeks to prevent these witnesses from offering opinions or evidence that link the lack of seat belt use to the injuries suffered. 4. Motion in Liming to Exclude Documentary Evidence: This motion aims to exclude any photographs, videos, or documents that may depict the seat belt or lack thereof. It seeks to prevent the jury from seeing any visual evidence that could influence their perception of liability. 5. Motion in Liming to Exclude Opening or Closing Statements: This motion targets the opposing party's attorneys, requesting that they be prohibited from making any arguments related to seat belt use during their opening or closing statements. The goal is to prevent any prejudicial statements or arguments from reaching the ears of the jurors. It is important to keep in mind that the granting or denial of a Motion in Liming is at the court's discretion, and the judge will consider factors such as the relevance of seat belt use to the case, potential prejudice, and the applicable laws and rules.

A Motion in Liming is a legal request made by one party to the court to prevent the opposing party from introducing certain evidence or making specific arguments during a trial. In the context of New York, a Motion in Liming to Prevent Reference to Seat Belt Use aims to exclude any mention or evidence related to the use of seat belts in a personal injury or negligence case. This motion is frequently filed by defense attorneys to prevent the opposing party from arguing that the injured party's failure to wear a seat belt contributed to their injuries or should be a factor in determining liability. By excluding any reference to seat belt use, defense attorneys hope to lessen the potential impact of this argument on the jury's decision. There are several types of Motions in Liming in New York that can be used to prevent reference to seat belt use: 1. General Motion in Liming: This motion requests a broad exclusion of any evidence regarding seat belt use throughout the entire trial. It seeks to prohibit both direct and circumstantial references to whether the injured party was wearing a seat belt or not. 2. Pre-trial Motion in Liming: This motion is filed prior to the trial and aims to exclude any mention of seat belt use during pre-trial proceedings, including depositions and settlement negotiations. It sets the tone for the trial and prevents the issue from being raised in any context before the jury. 3. Motion in Liming to Exclude Witness Testimony: This motion targets specific witnesses, such as accident reconstruction experts or medical professionals, who may testify about the impact of not wearing a seat belt. It seeks to prevent these witnesses from offering opinions or evidence that link the lack of seat belt use to the injuries suffered. 4. Motion in Liming to Exclude Documentary Evidence: This motion aims to exclude any photographs, videos, or documents that may depict the seat belt or lack thereof. It seeks to prevent the jury from seeing any visual evidence that could influence their perception of liability. 5. Motion in Liming to Exclude Opening or Closing Statements: This motion targets the opposing party's attorneys, requesting that they be prohibited from making any arguments related to seat belt use during their opening or closing statements. The goal is to prevent any prejudicial statements or arguments from reaching the ears of the jurors. It is important to keep in mind that the granting or denial of a Motion in Liming is at the court's discretion, and the judge will consider factors such as the relevance of seat belt use to the case, potential prejudice, and the applicable laws and rules.