New York Motion in Limine
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Decisions. If the motion or OSC can't be settled, the Judge will make a decision. Sometimes, the Judge makes a decision right away. If not, the Judge has 60 days by law to decide the motion.
Decisions. If the motion or OSC can't be settled, the Judge will make a decision. Sometimes, the Judge makes a decision right away. If not, the Judge has 60 days by law to decide the motion.
A notice of motion and supporting affidavits shall be served at least eight days before the time at which the motion is noticed to be heard.
For example, a motion to preclude asks the court to ban the testimony or evidence from being used in the case.
You can oppose the motion in limine by drafting and filing your own motion in opposition. The judge will probably hold a brief hearing and then rule on to the motion.
Briefing Schedule The moving party can elect one of two briefing schedules: "16-7-1" or "8-2". Under the "16-7-1" briefing schedule, the moving party must serve the notice of motion and motion papers at least 16 days before the return date of the motion.
The return date is the court date. The party making the motion chooses the court date and puts it in the Notice of Motion so everyone knows when to come to court.
The purpose of a motion in limine is to determine whether certain evidence may be presented to the jury, in any form and at any stage. See Lapasinskas, supra, and 63 ALR 3d 311. Generally, a motion in limine is used to exclude evidence that a party believes to be irrelevant or unfairly prejudicial.
