Illinois Motion in Limine Regarding The Testimony of Lay Witnesses

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US-02248BG
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Description

A lay witness is an ordinary person who testifies based upon their personal knowledge and life experiences. A lay witness is distinguished from an expert testimony, who testifies and gives and opinion based upon their qualifications of expertise in their field. A lay witness' opinion must not be based on knowledge outside the understanding of the ordinary person.

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FAQ

Unless the court orders that they be filed sooner, motions in limine shall be in writing and shall be presented to the court no later than immediately prior to voir dire examination in jury cases and opening statements in bench cases.

A motion to suppress is a motion that revolves around the exclusion of evidence from trial. In the United States, a motion to suppress is a request made by a criminal defendant in advance of a criminal trial asking the court to exclude certain evidence from the trial.

A motion in limine is a procedural mechanism that allows litigators to seek to exclude certain evidence from being presented to a jury ? typically evidence that is irrelevant, unreliable, or more prejudicial than probative.

Rule 213 - Written Interrogatories to Parties (a)Directing Interrogatories. A party may direct written interrogatories to any other party. A copy of the interrogatories shall be served on all other parties entitled to notice.

Motions to exclude an expert witness are tactics by an opposing party to prevent the admissibility of testimony in court or to a jury. In other words, these motions may focus on alleged deficiencies in an Expert's qualifications, Expert methodology, Expert's basis for opinions, and other factors.

Section 777 - Exclusion of witness (a) Subject to subdivisions (b) and (c), the court may exclude from the courtroom any witness not at the time under examination so that such witness cannot hear the testimony of other witnesses. (b) A party to the action cannot be excluded under this section.

Rule 702 requires an expert's testimony to be "based on reliable principles and methods ... applied reliably to the facts of this case." This is a much more promising basis for a potential objection (or, more likely, a pretrial motion in limine).

A motion in limine is a procedural mechanism that allows litigators to seek to exclude certain evidence from being presented to a jury ? typically evidence that is irrelevant, unreliable, or more prejudicial than probative.

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Illinois Motion in Limine Regarding The Testimony of Lay Witnesses