Plaintiff's Motion in Limine to Exclude Evidence of Liens

PLAINTIFF’S MOTION AND BRIEF IN SUPPORT OF MOTION IN LIMINE TO EXCLUDE EVIDENCE OF LIENS

STATE OF ________________

IN THE _________ COURT FOR THE COUNTY OF ______________

PLAINTIFF, Case No. _____________

Plaintiff,

and

PLAINTIFF 2

Intervening Plaintiff,

v.

DEFENDANT, DEFENDANT 2,

and DEFENDANT INSURANCE COMPANY,

Defendants.

PLAINTIFF’S MOTION IN LIMINE TO EXCLUDE EVIDENCE OF LIENS

NOW COMES Plaintiff, by and through his attorneys, the Law Offices of Michael J. Morse, P.C., and for his Motion in Limine to Exclude Evidence of Liens, states as follows:

This is a first party claim against Defendant Insurance Company of _________________ and a third party claim against Defendant and Defendant 2, arising out of a motor vehicle collision that occurred on [date].

Trial is scheduled for [date].

Plaintiff has outstanding structured settlement liens, as well as liens from medical providers and other service providers. It is expected that Defendant will attempt to produce evidence at trial regarding these liens.

Evidence is admissible only if relevant. MRE 402.

Evidence is relevant if it has any tendency to make the existence of a material fact more or less probable than it would be without the evidence. MRE 401.

Even if relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice. MRE 403.

Any mention of liens potentially owed by the Plaintiff are not relevant to first-party benefits, as it does not have a tendency to make the existence of a material fact more or less probable than it would be without the evidence.

Moreover, any possible probative value gained from mentioning these liens is outweighed by the prejudicial effect this information would have on Plaintiff’s claims.

Accordingly, any mention of liens potentially owed by the Plaintiff should be excluded from evidence.

WHEREFORE, Plaintiff respectfully requests that this Honorable Court preclude any remark, statement, question, answer, inference, innuendo, testimony, or document of any nature which might inform the jury or infer to the jury that Plaintiff has any potential liens against his recovered damages.

Respectfully submitted,

LAW OFFICES OF MICHAEL J. MORSE, P.C.

Attorneys for Plaintiff

_____________________________________

[Name]

[Address]

[Phone number]

Dated:

STATE OF _____________________

IN THE _______________ COURT FOR THE COUNTY OF _____________

PLAINTIFF...