Hillsborough Florida Motion in Limine to Prevent Reference to Seat Belt Use

State:
Multi-State
County:
Hillsborough
Control #:
US-MOT-01416
Format:
Word; 
Rich Text
Instant download

Description

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

ALL CONTESTED MOTIONS IN LIMINE MUST BE FILED NO LATER 20 DAYS PRIOR TO THE PRE-TRIAL. The opposing party shall have TEN days from the filing date of the Motion in Limine to file a Response thereto.

A motion in limine is never discussed with the jury present, and is always decided by the judge on the case. The reasons for the motions are wide, but most often they are used in a criminal trial to shield the jury from information concerning the defendant that could be unfairly prejudicial to him.

Whereas the motion in limine is based on the trial court's inherent discretion to exclude prejudicial evidence, the motion to suppress is based on the court's duty to exclude evidence which has been im- properly Qbtained.

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.

The purpose of making a motion in limine is to obtain an evidentiary ruling in advance. The Latin term ?in limine? means ?at the threshold.? The ?threshold? is the beginning of trial. A motion in limine is a motion used in civil lawsuits to preclude evidentiary issues or conduct before they are seen or heard by a jury.

Examples of motions in limine would be that the attorney for the defendant may ask the judge to refuse to admit into evidence any personal information, or medical, criminal or financial records, using the legal grounds that these records are irrelevant, immaterial, unreliable, or unduly prejudicial, and/or that their

A motion in limine seeks to exclude prejudicial evidence, thereby allowing the jury to form decisions based on impartial facts and evidence. Motions in limine may also be used to obtain an advance ruling on the admissibility of evidence.

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.

A motion in limine is similar in effect to a motion to suppress, except the way evidence is excluded is slightly different. Exclusion of evidence in a motion to suppress is based on a violation of either the United States or Ohio Constitutions.

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Hillsborough Florida Motion in Limine to Prevent Reference to Seat Belt Use