Iowa Motion in Limine - Civil Trial

State:
Multi-State
Control #:
US-PI-0058
Format:
Word; 
Rich Text
Instant download

Description

This form is a motion in limine requesting that the court issue a ruling prohibiting the defense from disclosing certain facts to the jury in an personal injury case.
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FAQ

A temporary injunction may be allowed under any of the following circumstances: 1. 1502(1) When the petition, supported by affidavit, shows the plaintiff is entitled to relief which includes restraining the commission or continuance of some act which would greatly or irreparably injure the plaintiff.

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.

Rule 1.234 - Necessary parties; joinder 1. 234(1)Remedy for nonjoinder as plaintiff. Except as provided in this rule, all persons having a joint interest in any action shall be joined on the same side, but such persons failing to join as plaintiffs may be made defendants.

A motion in limine is filed in order to obtain a ruling on the admissibility of certain evidence prior to trial. The motion is filed when grounds for the motion appear but must be filed 9 or more days before trial.

In ordering discovery of such materials when the required showing has been made, the court shall protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of an attorney or other representative of a party concerning the litigation.

A motion in limine is decided by the judge outside of the presence of the jury. The purpose of a motion in limine is to address potentially prejudicial, irrelevant, or inadmissible information that could unduly influence a jury or hinder the fair administration of justice.

For example, if you are involved in a DUI accident and discover that there is a witness who is inflating the details of the case, then your attorney may create a motion in limine that requests that that witnesses' testimony be thrown out before the case proceeds.

1. 707(5) A notice or subpoena may name as the deponent a public or private corporation or a partnership or association or governmental agency and describe with reasonable particularity the matters on which examination is requested.

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Iowa Motion in Limine - Civil Trial