New Jersey Motion in Limine - Civil Trial

State:
Multi-State
Control #:
US-PI-0058
Format:
Word; 
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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

In New Jersey, the vast majority of litigation starts with a Complaint governed by Rule -2. New Jersey is a notice pleading state, which means the Complaint need only provide enough facts to provide a defendant notice of a claim. Rule -2 states, in pertinent part: [A] pleading which sets forth a claim for relief?

A party filing a pleading that joins a new party to the action shall serve a copy of all discovery materials on or otherwise make them available to the new party within 20 days after service of the new party's initial pleading.

The purpose of a motion in limine is to prevent the introduction of matters at trial which are irrelevant, inadmissible or prejudicial. Some key statutes to rely on in excluding those types of evidence from being introduced at trial are Evidence Code sections 350 and 352.

Importantly, motions in limine are generally made before a trial begins, and always argued outside the presence of the jury. Thus, a motion in limine allows key evidentiary questions to be decided without the jury present and, if the motion is granted, will preclude the jury from ever learning of the disputed evidence.

Rule -8 is significant because it prohibits filing motions in limine that may have a dispositive impact on the case, including ?application[s] to bar an expert's testimony in a matter in which such testimony is required as a matter of law to sustain party's burden of proof.? This is an important development in New ...

No injunction or restraint shall be granted in one action to stay proceedings in another pending action in the Superior Court, but such relief may be sought on counterclaim or otherwise in the pending action.

In general terms and subject to particular circumstances of a given claim or defense, a motion in limine is defined as an application returnable at trial for a ruling regarding the conduct of the trial, including admissibility of evidence, which motion, if granted, would not have a dispositive impact on a litigant's ...

. (a) Pleadings Allowed. There shall be a complaint and an answer; an answer to a counterclaim denominated as such; an answer to a cross-claim, if the answer contains a cross-claim; a third-party complaint pursuant to R.

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New Jersey Motion in Limine - Civil Trial