Massachusetts Motion in Limine to Prevent Reference to Seat Belt Use

State:
Multi-State
Control #:
US-MOT-01416
Format:
Word; 
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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

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; ( ...

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.

?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.

?'Denial of a motion in limine does not necessarily mean that all evidence contemplated by the motion will be admitted at trial. Denial merely means that without the context of trial, the court is unable to determine whether the evidence in question should be excluded.

Accidents that cause injury might also be prevented when the driver or passenger is wearing a seatbelt. Prevention of bodily harm has become paramount when driving. Many accidents cause fatalities and serious damage to the person when seatbelts are not worn.

Other reasons people gave for not wearing their seat belts include the following: Being in a hurry and not having time to buckle up. Light traffic on the roads when respondent drives. Not wanting to get clothing wrinkled.

Some people have been saved from death in certain kinds of accidents only because a seat belt was not used. In those cases, the malicious nature of seat-belt laws is further revealed: such persons are subject to fines for not dying in the accident while using a so-called safety device arbitrarily chosen by politicians.

In many cases, the fibers of the seat belt can cause harm to the chest and abdominal areas. It may also cause more serious damage to the internal organs like tearing of the colon or diaphragm. In some cases the lumbar vertebrae may even be fractured or dislocated.

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Massachusetts Motion in Limine to Prevent Reference to Seat Belt Use