Guam 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

?I'm afraid of getting stuck in a crashed car.? Without a seat belt, you're more likely to be killed or knocked unconscious and unable to get out of the car at all. ?I'm too large to wear a seat belt. It doesn't fit.? Seat belt extenders can usually resolve this issue.

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.

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.

The most common use of the in limine motion is to exclude irrelevant and/or prejudicial evidence.

Common pre-trial motions include: Motion to Dismiss ? an attempt to get the judge to dismiss a charge or the case. ... Motion to Suppress ? an attempt to keep certain statements or evidence from being introduced as evidence. ... Motion for Change of Venue ? may be made for various reasons including pre-trial publicity.

These arguments are: (1) The belt can cause injuries; (2) the belt constitutes an obstacle to maneuvering the vehicle easily and smoothly; (3) it is dangerous to sit fastened in a car if it should catch fire or sink into a lake; (4) in case of a collision it is better to be thrown out of the car than to be belted-in; ( ...

Examples of motions in limine would be that the attorney for the defendant may ask the judge to refuse to admit into evidence any personal information, or medical, criminal or financial records, using the legal grounds that these records are irrelevant, immaterial, unreliable, or unduly prejudicial, and/or that their ...

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Guam Motion in Limine to Prevent Reference to Seat Belt Use