Motion to exclude evidence of hospital protocols in a malpractice case.Motion to exclude videos depicting a below-knee amputation.Preclude evidence defendant driver was underinsured or even mentioning uninsured motorist carrier.Preclude expert testifying about future surgeries.Preclude doctor testifying against a nurse.Plaintiff's Video Animation (opposition to the hospital's motion).Contents of Decedent's Will in a Wrongful Death/Survival Action Car Accident Case.Exclude Lies and Other Bad Acts Related to the Use of Prescription Drugs as a Result of a Truck Accident.Malpractice Claim to Exclude Prior Lawsuits Against Doctor.Prevent the Defendant from Proffering Inconsistent Evidence at Trial.Activities of Plaintiff After the Relevant Events in the Case.Exclude Unsupported Documentation of Machine Readings.Evidence of Plaintiff's Abuse (and Lies About) the Use of Prescription Drugs.Evidence Relating to Plaintiff's Arrest.Exclude contributory negligence argument at trial (or comparative negligence).Opposition to Motion in Limine to Allow Defendants to Not Identify the Uninsured Motorist Carrier.Defendant's Motion to Exclude/Limit Expert.Response to Motion in Limine to Exclude/Limit Expert's Opinion.Stop Doctor from Testifying as an Expert.To Prevent Defendant's Expert from Contending Your Client Is a Malingerer or Liar. Exclude Cumulative Expert Testimony: defense counsel - malpractice lawyers in particular - love to put on multiple experts to say the same thing and you should file a motion in limine to push back.You can also find other sample motions in tort cases and even more motions in limine here. If you have any motions that you believe would be of assistance to other attorneys representing injured victims, please forward them to us, and we will, if appropriate, put them up here. Miller & Zois is committed to the continued education of other personal injury attorneys who are fighting on behalf of injured clients. (Some of our clients have also kindly agreed to allow us to include their names.) The substance of the motion in limine remains intact. Our lawyers have deleted the name of the client, court, or witnesses in specific instances for confidentially. These may help you if presented with an issue in your motion in limine similar to the one presented in our case. This ruling shows that, when a party fails to timely comply with deadlines to disclose the identity of fact witnesses and/or expert witnesses, even the testimony of its own Chief Executive Officer may be excluded from trial in a given case.Below are sample motions in limine we have filed in our personal injury cases. The general takeaway is the importance of counsel and the parties timely disclosing the identity of potential fact and expert witnesses in accordance with the Federal Rules of Civil Procedure and the applicable deadlines set forth in the Scheduling Order in a given case in the District of Delaware. Id.Ī copy of the Memorandum Order is attached. The Court also analyzed the Pennypack factors and found those factors fully support the Court’s conclusion to preclude the trial testimony of Defendants’ Chief Executive Officer and the other excluded witness. The Court found that exclusion of the testimony of the witnesses is appropriate because the witnesses were not timely disclosed, and Defendants’ delay was neither substantially justified nor harmless. 1 to preclude the trial testimony of certain fact witnesses for Defendants, including the current Chief Executive Officer of Defendants who is a former employee of Plaintiffs. August 4, 2021), the District of Delaware granted Plaintiffs’ motion in limine No. Autel Robotics USA LLC et al., Civil Action No. By Memorandum Order entered by the Honorable Leonard P.
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