§ 26.03 PRETRIAL PROCEDURES

• Jurisdiction: Washington

§ 26.03 PRETRIAL PROCEDURES

[1] Pretrial Motions

In a family law case, pretrial motions can cover a large variety of topics, from temporary relief to discovery issues, but they can also include motions to exclude certain evidence from the trial. Motions for temporary relief are addressed in Chapter 24 (Pretrial Motions Practice) of this deskbook; discovery sanctions, which are also pretrial motions, are addressed in § 22.08 of Chapter 22 (Discovery) of this deskbook.

The court can enter orders that would simplify or expedite presentation of the case. CR 16. A common request is to have witnesses testify by telephone or video. Generally, testimony must be taken in person orally in open court unless otherwise directed by statute, rule, or the court. CR 43(a)(1). Query opposing counsel prior to trial to determine whether there is any objection to a particular witness appearing by phone or video as well as the reasons for any objection. Whether or not opposing counsel agrees, ultimately it is up to the court, and you should file a motion to allow telephonic or video testimony for witnesses who may be providing brief testimony, are unable to physically be present in court, or are out of the state or country. CR 43(a)(1) provides that "[f]or good cause in compelling circumstances and with appropriate safeguards, the court may permit testimony in open court by contemporaneous transmission from a different location." In addition, consult local rules.

The most common pretrial motion is a motion in limine. A motion in limine is a pretrial motion to prevent the other party from presenting improper evidence to the court. Pretrial motions to exclude evidence are designed to simplify trial and avoid prejudice. Fenimore v. Drake Constr. Co., 87 Wn.2d 85, 89, 549 P.2d 483 (1976). The court can consider preliminary questions concerning the qualification of a person to be a witness, existence of a privilege, or admissibility of evidence. ER 104. When a trial court is able to determine the admissibility of evidence or testimony prior to its introduction at trial, it is appropriate to grant the motion in limine, thereby avoiding prejudice. The motion should be granted

if it describes the evidence which is sought to be excluded with sufficient specificity to enable the trial court to determine that it is clearly inadmissible under the issues as drawn or which may develop during the trial, and if the evidence is so prejudicial in its nature that the moving party should be

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