As soon as you get a copy of the motion, you should sit down and read it.
To prevent an attorney from using prejudicial language. For example, referring to a car crash as a “fender bender” might be prejudicial. [1] X Research source To prevent an attorney from mentioning prior crimes. For example, if a defendant is sued for fraud, then the plaintiff might want to bring up that the defendant has previously been convicted of a violent crime. To keep out evidence disallowed by the rules of evidence. Each state (and the federal government) has rules of evidence that prevent some kinds of evidence from being introduced. For example, you can’t introduce evidence that a defendant has liability insurance to prove that the person was negligent. [2] X Research source
If there isn’t any information in the local rules, then read the relevant Rules of Civil Procedure. If you are in federal court, then read the Federal Rules of Civil Procedure. If you are in state court, then read your state’s Rules of Civil Procedure.
You can find the Federal Rules of Evidence online. [3] X Research source Many states also publish their evidentiary rules online as well. You can find court opinion on Google Scholar. [4] X Research source Click on “Case law” and then enter the case citations, e. g. , 211 2Fd. 206. You should print off the opinion so that you have a copy.
The evidence isn’t prejudicial. For example, in a fraud trial, the defendant might want to prevent the plaintiff from using the word “lying. ” You could argue that this word is no more prejudicial than any other word used to describe a deliberate misrepresentation. The prejudice doesn’t outweigh the probative value. The evidence might be prejudicial. However, the court typically can’t exclude it unless the prejudice “substantially” outweighs the probative value. You are introducing the evidence for an alternative purpose. Some evidence might be prejudicial but nevertheless have a legitimate reason for being introduced. For example, in an automobile accident case, you could introduce proof of someone’s liability insurance to show that they owned the vehicle. [5] X Research source
Accordingly, you should analyze your counterarguments to see if you have a reasonable argument. If you don’t, then don’t file the motion.
Once you have a referral, call and schedule a meeting. Ask how much the attorney charges. Take the other side’s motion so that the attorney can read it. If you don’t have the time to draft your own motion or do legal research, then ask if you could hire the attorney to draft your response for you.
You might have to use “pleading paper,” which is paper numbered down the left-hand side. Read your local rules.
Also add a title. You can title your motion something like “Plaintiff’s Opposition Motion to Defendant’s Motion in Limine to Exclude Evidence of Liability Insurance” or something appropriate.
For example, you could write: “Defendant’s request to exclude evidence of his liability insurance should be denied. Plaintiff intends to introduce the evidence to show that Defendant owns the vehicle, which is allowed by Rule 411 of the Federal Rules of Evidence. Rule 411 only prohibits introduction of this evidence as proof of negligence. However, Plaintiff does not intend to introduce the evidence for that purpose. ”
“For the foregoing reasons, the Defendant’s Motion in Limine to Exclude Evidence of Liability Insurance should be denied. ”
Put the certificate on a separate sheet of paper and title it “Certificate of Service” in all caps and bold. Sample language could read: “I hereby certify that on this [insert date], copies of the foregoing Plaintiff’s Opposition to Defendant’s Motion in Limine to Exclude Evidence of Liability Insurance was hand delivered to: [insert the name and address of the other side’s lawyer]. ” Then add a signature line and sign the certificate.
The judge might also want a courtesy copy delivered to his or her chambers. Check the judge’s rules. [9] X Research source
For example, if you provide notice by mail, then some courts will require that you add on five days for the motion to arrive to the other side. This means that if your rules require that you provide notice nine days before the hearing, then you will have to mail the notice 14 days before the hearing.
In some courts, particularly federal court, you may file the motion electronically. [11] X Research source If you filed electronically, then the electronic system will probably notify the other side that the motion has been filed.
You probably won’t get a lot of time to talk, so keep your remarks as brief as possible. A few short, clear statements is best. [12] X Research source
The judge may also ask questions. [13] X Trustworthy Source Civil Law Help Center Nonprofit law firm dedicated to civil legal services to all people Go to source Listen closely. The judge’s questions provide a sneak peek as to what the judge is most interested in. If the judge seems particularly interested in one issue, then lead off with that issue when it is your turn to speak.
Always refer to the judge as “Your Honor. ”[14] X Research source You can refer to the other side as “my opponent” or “the plaintiff/defendant. ”
Also, if the judge excludes the evidence, then be careful not to accidentally introduce the evidence during trial. You could be sanctioned or the judge could declare a mistrial.
