South Dakota 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

No later than 20 days before trial, each party must file all motions in limine and must lodge with the court any items served under (b)(2)-(9) and (c).

The most common use of the in limine motion is to exclude irrelevant and/or prejudicial evidence.

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.

Typically, in a motion in limine (Latin for "at the start" or "on the threshold"), a party seeks to exclude prejudicial or irrelevant evidence from a jury trial. However, a party also may use a motion in limine to obtain an advance ruling on whether the court will admit specified evidence at trial.

Common pre-trial motions include: Motion to Dismiss ? an attempt to get the judge to dismiss a charge or the case. ... Motion to Suppress ? an attempt to keep certain statements or evidence from being introduced as evidence. ... Motion for Change of Venue ? may be made for various reasons including pre-trial publicity.

A "motion in limine" is a pretrial motion that seeks the exclusion of specific evidence or arguments from being presented during a trial. A motion in limine is decided by the judge outside of the presence of the jury.

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.

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South Dakota Motion in Limine - Civil Trial