Motions in Limine and Motions to Exclude Persons From Trial

• Author: Edward L. Birnbaum/Carl T. Grasso/Justice Ariel E. Belen
• Pages: 373-402

MOTIONS IN LIMINE,

EXCLUDE PERSONS

13-1

CHAPTER 13

MOTIONS IN LIMINE AND MOTIONS

TO EXCLUDE PERSONS FROM TRIAL

I. MOTIONS IN LIMINE

A. General Points

§13:01 Purpose

§13:02 Advantages

§13:03 Disadvantages

§13:04 No Binding Ef fect on Retrial After Mistrial

§13:05 Potential Relief

§13:06 Common Motions to Exclude Evidence

§13:07 Other Common Motions in Limine

§13:08 Motion Concerning High-Low Agreements

B. Procedure

§13:20 Timing

§13:21 Based on Opening Statement

§13:22 How to Make the Motion

§13:23 Responding to Cour t’s Ruling

C. Appellate Review

§13:30 Not Ordinarily Reviewable

§13:31 When Reviewable

II. MOTION EXCLUDING PERSONS FROM TRIAL

§13:40 Reasons for Motion

§13:41 Court’s Discretion

§13:42 Exper ts Who Base Opinion on Testimony

§13:43 Parties Have Right to At tend Trial

§13:44 Exception: Parties Who May Be Excluded

§13:45 Motion to Exclude the Public

FORMS

Form 13:10 Notice of Motion to Exclude Witnesses From Courtroom

Form 13:20 Aff‌irmation in Support of Motion to Exclude Witnesses From Courtroom

Form 13:30 Notice of Motion to Permit Expert to Be Present During Testimony

Form 13:40 Aff‌irmation in Support of Motion to Permit Expert to Be Present During Testimony

Form 13:50 Notice of Motion to Exclude Party From Courtroom

Form 13:60 Aff‌irmation in Support of Motion to Exclude Party From Courtroom

MOTIONS IN LIMINE,

EXCLUDE PERSONS

(Τηισ παγε ιντεντιοναλλψ λεφτ βλανκ.)