![]() ![]() The best way to get far ahead of the curve on preparation for motions in limine is to build into your trial notebook or case management software explanations and strategies for getting each fact properly admitted into evidence. By the time pretrial motions are due, you have likely spent considerable time thinking about and preparing notes detailing how you will present your theory at trial. Preparing for original motions in limine means building research into the admissibility of evidence into your development of a theory of the case and construction of a trial notebook. The best way to get responses done in time is to start before opposing counsel’s motions roll in. The two types of motions warrant different treatment. The second class of motions in limine are stock requests that opposing counsel uses in trial after trial and require minimal customization, such as a motion to exclude “golden rule” arguments. For example, a defendant in a products case might seek to exclude specific prior defects in the same product line as lacking in substantial similarity, and present a fact-specific motion backed by expert testimony, tailored to the your theory of the case. The first are original motions that are carefully tailored to the facts of your case, and present creative arguments for excluding your key evidence. Two Broad Classes of Motions in Limine Inform Your Response Strategyīefore turning to each stage, it is important to consider that there are two broad classes of motions in limine. Today, Part I will cover advanced preparation. ![]() Kastorf Law will address one stage each week. This series divides dealing with motions in limine into three stages: (1) advance preparation (2) after-filing triage and (3) drafting the responses. The Three Stages in Effectively Responding to Motions in Limine If you have questions about your specific case, contact Kastorf Law to discuss your matter. In this series, Kastorf Law will identify strategies and considerations in crafting a timely and effective response. At the end, hopefully, you won’t be feeling like Matthew Peterson. How should you handle this deluge of motions in limine? The majority of these will be motions in limine, which, if not necessarily by complexity, certainly by volume, pose a unique challenge. Between motions in limine, Daubert, and dispositive motions, by midnight-particularly in a case involving numerous parties-an attorney may have received notice of dozens (or, in multidefendant cases, more than a hundred) motions, each requiring a rapid response. The day of the deadline for pretrial motions can strike panic into the hearts of even the most stoic lawyers. Part I: How Should You Prepare in Advance to Respond to Motions in Limine? How Should You Respond to a Deluge of Motions in Limine? ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |