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Motion in Limine to Exclude Testimony


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#1 kraut32

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Posted 30 November 2012 - 01:21 AM

This is in the state of California.

I am hoping to file a Motion in Limine to Exclude Testimony about Plaintiff's (mine) "Alleged" Reputation, which I have prepared. I also would like to exclude testimony in regards to a restraining order that the defendant has against me. (That is a separate issue...it may raise questions with you about why it was granted, etc. but trust me, I won't get into details unless you ask, then I will answer... but the defendant only got it to interfere with my lawsuit. )

In any case, in a declaration submitted recently by the defendant in my case, he is attaching documentation from our other domestic violence restraining order case, and this has nothing to do with my civil lawsuit against him, so I want to motion that it be excluded from testimony.

Questions: 1) Can I ask for both topics to be excluded from testimony in the same motion? Or do I need to prepare one motion for excluding testimony about a reputation, and a second motion for excluding testimony about the restraining order? 2) I just want to clarify that when I file a motion, what needs to accompany it is a) Notice of Motion which tells when the hearing will be; B) the Motion itself (what I am asking for); c) Points and Authorities in Support of Motion (citations, statutes, etc.); and d) a Declaration (if applicable).

I hope I have it right. Also, I would like to know in Question #2 if all a) - d) items are mandatory or not. Thank you!

#2 adjusterjack

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Posted 30 November 2012 - 08:03 AM

Sorry, but we can't give you a law degree within the confines of this website.

When you litigate on your own you are supposed to know all about litigating or at lease know where to look, like at a law library.

Motions and pleadings are complicated.

If you can't figure them out, hire a lawyer.

If you can't or won't hire a lawyer then you are on your own.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#3 kraut32

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Posted 01 December 2012 - 05:49 PM

Okay. No problem. I understand. I was hogging you guys. My apologies. Looks like I'm on my own.

Happy Holidays to All, and I appreciate the wonderful help which you were able to give me.

#4 pg1067

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Posted 03 December 2012 - 06:01 PM

Can I ask for both topics to be excluded from testimony in the same motion?


Yes (subject to the local rules of the court in which your case is pending).


do I need to prepare one motion for excluding testimony about a reputation, and a second motion for excluding testimony about the restraining order?


I think this is basically the same question.


I just want to clarify that when I file a motion, what needs to accompany it is a) Notice of Motion which tells when the hearing will be; B) the Motion itself (what I am asking for)); c) Points and Authorities in Support of Motion (citations, statutes, etc.); and d) a Declaration (if applicable).


The notice of motion and motion are basically the same "document" (or are contained within the same part of the document), but yes. With respect to motions in limine, at least some counties require a declaration stating that the moving party made a good faith effort to meet and confer with the opposing party and that the moving party has a reasonable belief that the opposing party will seek to offer the evidence sought to be excluded.




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