Plaintiff's motion in limine - gender discrimination case - state court

NO. _______________

§ IN THE DISTRICT COURT OF

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Plaintiff §

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v. § _______________, TEXAS

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Defendant § ______ JUDICIAL DISTRICT

PLAINTIFF’S MOTION IN LIMINE

Plaintiff files his/her motion in limine and moves the Court to enter an Order as follows:

1. Plaintiff moves for an order instructing and directing counsel for defendant and through defendant’s counsel, all witnesses and representatives of same, as well as any officials of defendant, to refrain from making any mention or interrogation, including but not limited to the offering of documentary evidence, either directly or indirectly, in any manner whatsoever, any of the matters set forth herein. In this connection, plaintiff requests that the Court order, if opposing counsel wishes to propose a theory of admissibility concerning these matters, that opposing counsel first must request a ruling from the Court, outside the presence and hearing of all prospective jurors and jurors ultimately selected in this cause.

2. The matters set forth herein are inadmissible in evidence for any purpose on proper and timely objections and they have no bearing on the issues in this case or the rights of the parties to this cause.

3. Permitting interrogation of witnesses, comments to jurors, or prospective jurors, or offers of evidence concerning any of the matters set forth herein would prejudice the jury, and sustaining objections to such questions, statements or evidence introduced by counsel or witnesses will not prevent prejudice, but will serve to reinforce the development of questionable evidence.

4. The matters identified in (A) – (HH) below would not be admissible for any purpose in this case. Defendant, defendant’s counsel, and each of defendant’s witnesses should not urge any of the following matters as evidence or argument, or testify to the following matters in any way, or urge the following matters as grounds supporting denial of recovery:

Filing of This Motion

That this Motion has been filed, or any ruling by this Court in response to this Motion, suggesting or inferring to the jury that plaintiff has moved to prohibit proof, or that the Court has excluded proof of any particular matter. Burdick v. York Oil Co., 364 S.W.2d 766, 770 (Tex. Civ .App. – San Antonio 1963, writ ref’d n.r.e.).

Stipulations

That plaintiff or plaintiff’s counsel have refused or failed to make any stipulation requested by defendant’s counsel. This includes making any requests in the presence or hearing of the jury that plaintiff’s attorney stipulate to any matter in open court. These matters should be precluded because any such request would be made solely for the purpose of creating unfair prejudice against plaintiff.

Personal Attacks On Plaintiff’s Counsel

This includes but is not limited to the following: any derogatory references to trial lawyers, trial lawyer organizations, plaintiff’s lawyers, as well as any and all denigrating or derogatory remarks – directly, indirectly, or obliquely – regarding attorneys in general or plaintiff’s lawyers in particular; any and all suggestions that attorneys have an adverse impact on society, our economic system, or similar (and misguided) notions; any negative references to attorney fees in general, or the fees plaintiff’s counsel may receive in this case; or any other reference that tends to appeal to anti-lawyer sentiment. Any such references, comments or remarks are irrelevant and would be injected solely for the purpose of creating unfair prejudice against plaintiff and his/her counsel. Tex. R. Evid. 401-03.

Employment of Attorneys

The time or circumstance under which plaintiff employed his/her attorneys, as well as any conversations or transactions between these attorneys and plaintiff. Tex. R. Evid. 401; West v. Solito, 563 S.W.2d 240, 244-45 (Tex. 1978); Myers v. Thomas, 186 S.W.2d 811, 813 (Tex. 1945). This includes any remunerative basis upon which plaintiff has retained his/her attorneys, or any mention that plaintiff’s attorneys are representing him/her on any form of a contingent fee basis. Such information is irrelevant since plaintiff is entitled to reasonable and necessary attorney fees on a ________ basis pursuant to statute. Moreover, the parties have already agreed that the issue of attorney fees will be handled post-trial by means of motions and affidavits. Accordingly, any reference to attorney fees under these circumstances would present the substantial risk of unfair prejudice. Tex. R. Civ. P. 403.

Experience of Plaintiff’s Attorneys

Any evidence, statements or questions that would suggest, hint or...