Defeating Motions in Limine requesting limitations on admission of evidence at trial without some further showing

Summary: When a defense counsel files a motion in limine to seek to exclude evidence that is probative to an essential element, a plaintiff’s case may be in danger. Fortunately, the motion is frivolous. To the extent that any allegation on the face of the complaint has survived through trial, it is at issue, and therefore it is a statutory and constitutional right to have it determined at trial. Motions to exclude evidence of essential elements that have not been disposed of before trial are facially defective for totally lacking any legal authority and should be denied.

DETAILS

When a defense counsel files a motion in limine to seek to exclude evidence that is probative to an essential element, a plaintiff’s case may be in danger.

First and foremost, by pleading anything on the face of a complaint that survives through trial, that plaintiff has the statutory and constitutional right to have those questions of fact determined by a jury. [Code of Civil procedure section 588, 590, and 54].

Issues arise when pleadings are contested. [Code of Civil procedure 588].

There are two types of issues, law and fact. [Code of Civil procedure 588].

An issue of fact arises “upon a material allegation in the complaint controverted in the answer.” [Code of Civil Procedure section 590].

“In superior courts either party may bring an issue to trial….” Code of Civil Procedure section 594. California Constitution, Article 1, section 16.

CONCLUSION

When defending a motion in limine that seeks to limit some evidence without some additional showing, make sure to oppose and educate the court that by the very rules of pleading, having made the allegation on the face of the complaint then having survived to trial, a plaintiff is entitled to have that matter determined by a fact finder, and no rule exists to create a greater standard for admission of evidence at trial.

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