Plaintiff's limine motion in employment cases in general (state)

[Style of Case]

PLAINTIFF’S MOTION IN LIMINE

TO THE HONORABLE JUDGE OF SAID COURT:

_____ (hereafter “Plaintiff”) in the above-styled and numbered cause, files this Motion in Limine and, before the voir dire examination of the jury panel has begun, before any opening statements are made to the jury, and before the introduction of any evidence, respectfully moves the Court to instruct the Defendant, counsel for the Defendant, and all of the Defendant's witnesses to refrain from making any mention or reference through interrogation, voir dire examination, opening statement, arguments or otherwise, either directly or indirectly, without first approaching the bench and obtaining a ruling from the Court, outside the presence and hearing of all prospective jurors and the jurors ultimately selected to try this case, with regard to the following:

1. Any attempts to call, tender, refer to, or offer to call any expert witness who has not been made available to the Plaintiff’s counsel for deposition, and who has not been named by any party in their Answers to Interrogatories, and who has not been properly qualified and approved by the Court as an expert witness. Texas Employers' Ins. Assoc. v. Garza, 687 S.W.2d 299 (Tex. 1985); Hoch Heim Prairie Farm Mut. Ins. Assoc. v. Burnett, 698 S.W.2d 271 (Tex. App.Fort Worth 1985, no writ); Trubell v. Patten, 582 S.W.2d 606 (Tex. Civ. App.Tyler 1979, no writ); Air Disaster v. Pan American World Airways, 795 F.2d 1230 (5th Cir. 1986).

   GRANTED:_______________

   DENIED:_______________

   MODIFIED:_______________

   Plaintiff [does/does not] object to the Court's ruling on this portion of the motion in limine.

2. Any mention made in any form concerning any documents, summaries of writings, recordings, or photographs which have not previously been made available to the Plaintiff’s attorneys for examination or copying in connection with the case, prior to the trial of this case. Tex. R. Civ. P. 167; Waguespack v. Halipoto, 633 S.W.2d 628 (Tex. Civ. App.Houston [14th Dist.] 1982, no writ); Bottinelli v. Robinson, 594 S.W.2d 112 (Tex. Civ. App. Houston [1st Dist.] 1979, no writ).

   GRANTED:_______________

   DENIED:_______________

   MODIFIED:_______________

   Plaintiff [does/does not] object to the Court's ruling on this portion of the motion in limine.

3. Any reference to or display of any motion picture films, videotapes, or other movies, unless and until the attorneys for Plaintiff have had an opportunity to view such films or tapes and have had a chance to raise any objections to the admissibility of said films or tapes. Tex. R. Evid. 103(c), 104(c); Burdick v. York Oil Co., 364 S.W.2d 766 (Tex. Civ. App.San Antonio 1963, writ ref'd n.r.e.).

   GRANTED:_______________

   DENIED:_______________

   MODIFIED:_______________

   Plaintiff [does/does not] object to the Court's ruling on this portion of the motion in limine.

4. Any mention of or reference to the time or circumstances under which the Plaintiff employed any attorneys who have ever represented Plaintiff in connection with these matters and any conversations or transactions between these attorneys and Plaintiff. Tex. R. Evid., 402, 503; Tex. R. Civ. P. 166b(3)(a),(d) and (e); West v. Solito, 563 S.W.2d 240, 24445 (Tex. 1978); Myers v. Thomas, 186 S.W.2d 811, 813 (Tex. 1945).

   GRANTED:_______________

   DENIED:_______________

   MODIFIED:_______________

   Plaintiff [does/does not] object to the Court's ruling on this portion of the motion in limine.

5. Any mention or reference that Plaintiff has received, has been entitled to receive, will receive, or will become entitled to receive benefits of any kind or character from a collateral source, including, but not limited to the following:

   (a)Benefits from collateral insurance coverage. Brown v. American Transfer and Storage Company, 601 S.W.2d 931 (Tex. 1980) , cert. denied, 449 U.S. 1015, 101 S.Ct. 575, 66 L.Ed.2d 474.

   (b)Social Security and pensions. Traders and General Ins. Co. v. Reed, 376 S.W.2d 591 (Tex. Civ. App.Corpus Christi 1964, writ ref. n.r.e.).

   (c)Compensation for time not actually worked. R.E. Dumas Milner Chevrolet Co. v. Morthis, 337 S.W.2d 185, 188 (Tex. Civ. App.Fort Worth 1960, writ ref. n.r.e.).

   GRANTED:_______________

   DENIED:_______________

   MODIFIED:_______________

   Plaintiff [does/does not] object to the Court's ruling on this portion of the motion in limine.

6. Any mention or reference, either directly or indirectly, that the Plaintiff is or may be covered by some form of insurance. Page v. Thomas, 71 S.W.2d 234 (1934); C. E. Duk's Wrecker Service, Inc. v. Oakley, 526 S.W.2d 228 (Tex. Civ. App.Houston [1st Dist.]...