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

A pretrial motion asking that certain evidence be found inadmissible, and that it not be referred to or offered at trial.

Motions in limine should be used only for their original purpose to challenge evidence that is so inadmissible and prejudicial that its mere mention in the presence of the jury would lead to an unfair trial.On appeal this ruling of the trial court was affirmed.

Whereas the motion in limine is based on the trial court's inherent discretion to exclude prejudicial evidence, the motion to suppress is based on the court's duty to exclude evidence which has been im- properly Qbtained.

Whereas the motion in limine is based on the trial court's inherent discretion to exclude prejudicial evidence, the motion to suppress is based on the court's duty to exclude evidence which has been im- properly Qbtained.

There is also authority for the proposition that if a motion in limine is denied, the party opposing the evidence can be the first to offer the objectionable evidence without waiving the merits of the evidentiary objection on appeal.

There is also authority for the proposition that if a motion in limine is denied, the party opposing the evidence can be the first to offer the objectionable evidence without waiving the merits of the evidentiary objection on appeal.

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.

A motion in limine is a motion filed by a party to a lawsuit which asks the court for an order or ruling limiting or preventing certain evidence from being presented by the other side at the trial of the case.

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Motion in Limine to Prevent Reference to Seat Belt Use