IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF [COUNTY]
|
|
- Lee Bailey
- 5 years ago
- Views:
Transcription
1 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF [COUNTY] [PLAINTIFF], ) CASE NO. ) Plaintiff, ) v. ) ) PLAINTIFF S MOTIONS IN [DEFENDANT], ) LIMINE ) Defendant. ) MOTIONS Plaintiff moves for an order prohibiting reference to, or the offering of evidence of, the following matters during trial: 1. Any questions, suggestions, or inferences about the residency of Plaintiff or any other witness called to testify; 3. Any testimony regarding Defendant s remorse and/or apology; 4. Suggestions or arguments that Plaintiff is seeking a windfall, rolling the dice, that this lawsuit is the equivalent to a lottery, or other phrases or concepts to similar affect; 5. Use of the term independent when referring to a medical examination or medical examiner; Page 1.
2 6. Any testimony, argument, or inferences regarding Defendant s financial condition or ability to pay a judgment; 7. Any testimony, references, suggestions, or arguments relating to the circumstances (force of impact, speed of vehicles, etc.) that cause an airbag to deploy without testimony at trial from a qualified expert. 8. Any testimony, references, suggestions, inferences, or arguments from non-qualified witnesses and defense counsel relating to the likelihood that the impact from the collision could have caused the alleged injuries. To the extent that any of these motions are granted, Plaintiff requests that the Court require the attorneys to advise their clients and their witnesses, in advance and outside the presence of the jury, of all rulings that apply to their anticipated testimony. POINTS AND AUTHORITIES 1. Any Questions Or Suggestions About The Residency Of Plaintiff Or Any Other Witness Called To Testify. Defendant, Defendant s attorney, and Defendant s witnesses should not be allowed to offer any evidence, argue, or suggest that Plaintiff or any witness is not a legal resident of the United States. In the United States, all parties are treated equally under the law regardless of their nationality. Whether someone is or is not a resident of the United States is not relevant in this action. The existence of this fact one way or another is not necessary to prove or disprove any fact of consequence in this action. Page 2.
3 Moreover, even if it was relevant, its probative value is substantially outweighed by the danger of unfair prejudice. OEC 401 and Defendant s Remorse And/Or Apology. The Court should exclude all references, inferences, arguments, and evidence of Defendant s remorse, or that he feels sorry for Plaintiff s injuries. Oregon has consistently rejected the admission of a Defendant s post-injury behavior. In Byers v. Santiam Ford, Inc., 281 OR 411, 415 (1978), the Court held that subsequent acts of contrition and a conciliatory attitude were not relevant and not admissible regarding punitive damages. In Mason v. Householder, 58 OR APP 192 (1982), the Court held that admission of testimony that defendant was rehabilitated after plaintiff s injury was reversible error, and that matters occurring at the happening of the tortious act, and unrelated to defendant s state of mind at the time of the events, are inadmissible on the issue of punitive damages. Id. at 195. The Court should exclude any such evidence as its existence or non-existence does not have any bearing on the determinative acts in this case. If such evidence is not admissible in punitive damages cases, where deterrence is a major component of the award, it is not relevant in an ordinary negligence case. Moreover, such evidence would be unduly prejudicial and misleading. OEC 401 and Suggestions Or Arguments That Plaintiff Is Seeking A Windfall, Rolling The Dice, That This Lawsuit Is The Equivalent To A Lottery, Or Other Phrases Or Concepts To Similar Affect. Defense counsel in personal injury cases are sometimes tempted to attack the plaintiff using popular inflammatory political language. This can have a demeaning Page 3.
4 impact on the plaintiff, their attorney, and the process of resolving civil disputes by jury trial. Examples include arguments that anybody can go to the courthouse and file a lawsuit all it takes is $500 and a piece of paper, or the courts have no quality control regarding lawsuits or that civil lawsuits amount to nothing more than a litigation lotto. Such statements are irrelevant to the determinative issues before the Court, unduly prejudicial, and misleading. A 2003 opinion by the South Dakota Supreme Court states: Defense counsel s statement that plaintiff was trying to hit the lottery by her lawsuit demean not only the plaintiff but also the judicial system itself, and impugn the trial court s judgment of allowing the punitive damage claim to proceed. The comments denigrated the fairness, integrity and public perception of the judicial system. Counsel s reference to playing loto or powerball, or rolling the dice, were only meant to inflame the jury, and were beyond the bounds of proper final argument.interposing such remarks can only be meant to persuade the jury to decide the case based on passion and prejudice. Schoon v. Looby, 2003 SD 123 (2003). Pursuant to the logic set forth in the South Dakota Supreme Court case, and OEC 401 and 403, no such statements or innuendos should be permitted during trial 5. Use Of The Term Independent When Referring To A Medical Examination Or Medical Examiner. It is common in cases like these for counsel and medical experts to call themselves independent medical examiners or to refer to their examination as an independent medical examination. These terms are sometimes repeated multiple times by the defense expert and their attorneys. Jurors, unfortunately, are not aware Page 4.
5 of the Oregon Rules of Civil Procedure regarding medical examinations. As such, the term independent when describing a medical expert or medical examination case mislead a juror to think that these are experts or examinations have been ordered by the Court. Naturally, an independent examination commissioned on behalf of the Court would hold greater weight than an expert hired by either of the parties. Whether an examination is independent is of no consequence to the determination of the pivotal facts in this case. Its admission into evidence has no probative value and can only mislead the jury. OEC 401 and Defendant s Financial Condition Or Ability To Pay A Judgment. Defendant, Defendant s attorney, and Defendant s witnesses should not be allowed to offer any evidence or argument regarding Defendant s financial condition, work status, or ability to pay for any liability, loss, damage, or injury. Whether a party has the ability to pay has no bearing on the issues of this case and therefore should be excluded from trial. See UCJI Moreover, these topics tend to invoke sympathy or bias on the part of the Defendant, which the jury is forbidden from considering. See UCJI If Defendant alludes to, or argues, these issues, Plaintiff should be allowed to introduce evidence that Defendant is insured to show that the Defendant can pay for the damages. 7. References, Suggestions Or Arguments Relating To The Circumstances Of What Causes An Airbag To Deploy. Page 5.
6 The Court should order that the Defendant, his witnesses, and non-certified experts or defense counsel refrain from making arguments or suggesting the conditions under which the airbags of Defendant s vehicle would deploy. Such issues are necessarily within the exclusive province of witnesses having expertise in the deployment and mechanics of airbags. OEC 401, 403, 602 and 702. The only two witnesses the defense will be producing at trial are the Defendant and a medical expert. The Defendant has admitted during depositions that he does not know the circumstances under which his airbags would deploy. Unless proven otherwise, it is highly unlikely that the medical expert has knowledge of the conditions under which airbags would deploy. Airbags may deploy or not deploy depending on a variety of circumstances. Some of which include the sensors triggering the airbag, the angle of the collision, had the airbag previously deployed, had maintenance been performed on the airbag, the age of the airbag, etc. Only an expert with knowledge of this specific vehicle and the circumstances under which the airbag might deploy should be allowed to testify on this matter. Further, when defense counsel makes statements or inferences of this sort, counsel effectively becomes a witness, as they are in effect testifying when stating that x, y, or z is a fact. Counsel cannot, however, be cross-examined or otherwise impeached. Plaintiff will be denied due process if the adverse attorney were allowed to testify without being subject to cross-examination. Page 6.
7 For the foregoing reasons, the Defendant, Defendant s attorney, and Defendant s witnesses should not be allowed to offer any evidence or argument regarding the circumstances under which Defendant s airbag deploys. 8. Any references, suggestions, inferences, or arguments from nonqualified experts and defense counsel relating to the likelihood that the force of the impact from the collision could not have caused the alleged injuries. The Court should order that the Defendant, his witnesses, and his counsel refrain from giving testimony or making arguments stating or suggesting the force of the collision could not have caused the injuries alleged unless the defendant produces a qualified expert. Such issues are necessarily within the exclusive province of witnesses having expertise in biomechanical engineering and crash reconstruction. OEC 401, 403, 602 and 702. The defense s medical expert has a track record of testifying that the force of a given accident could not have caused the injuries alleged. This medical expert will often review photographs of the collision and make assumptions about the force of the accident. This medical expert is not qualified in crash reconstruction or biomechanical engineering and therefore cannot predict the force of the collision and how much of that force was transferred to the occupants of the car. Moreover, even if he was a crash reconstructionist or biomechanical engineer, he would not be able to give an opinion on the force of the collision based on photographs taken from an insurance adjuster trying to evaluate the value of a the car for replacement purposes. Page 7.
8 For the same reasons, defense counsel should be instructed not to make any similar arguments or inferences. For the foregoing reasons, the Defendant, Defendant s attorney, and Defendant s witnesses should not be allowed to offer any evidence or argument regarding whether or not the force of the collision could have caused the injuries alleged. DATED: By: Daniel A. Rayfield OSB # SUBMITTED BY: Daniel A. Rayfield OSB # PO Box 946 Albany, OR (541) Office (541) Fax dan@oregonautolaw.com Page 8.
Case 1:14-md JMF Document 2018 Filed 01/06/16 Page 1 of 12
Case 1:14-md-02543-JMF Document 2018 Filed 01/06/16 Page 1 of 12 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -----------------------------------------------------------------------------x
More informationIN THE CIRCUIT COURT OF THE STATE OF OREGON FOR LAKE COUNTY. CASE No CR
Terri Wood, OSB # Law Office of Terri Wood, P.C. 0 Van Buren Street Eugene, Oregon 0 1--1 Attorney for Defendant IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR LAKE COUNTY STATE OF OREGON, Plaintiff,
More informationEvidence Study & Review Session One Learning from Multiple Choice
Evidence Study & Review Session One Learning from Multiple Choice Directions: Please move into groups of three or four people. First, as a group, decide what you think are the key big picture concepts
More informationPreparing for the Multistate Bar Exam (MBE)
Preparing for the Multistate Bar Exam (MBE) Workshop Objectives 1. Participants will reinforce their substantive knowledge of Evidence. 2. Participants will increase their understanding of the format and
More informationCalifornia Bar Examination
California Bar Examination Essay Question: Evidence And Selected Answers The Orahte Group is NOT affiliated with The State Bar of California PRACTICE PACKET p.1 Question Dave brought his sports car into
More information#25808-a-LSW 2011 S.D. 89 IN THE SUPREME COURT OF THE STATE OF SOUTH DAKOTA * * * *
-a-lsw 2011 S.D. 89 IN THE SUPREME COURT OF THE STATE OF SOUTH DAKOTA ESTATE OF ETHANUEL JAMES HOLZNAGEL, DECEASED, WAYNE D. HOLZNAGEL and PAULA M. HOLZNAGEL, PERSONAL REPRESENTATIVES, and WAYNE D. HOLZNAGEL,
More informationPLAINTIFF S MOTIONS IN LIMINE
MCDONALD V. STERN 15CVP-0021 PLAINTIFF S MOTIONS IN LIMINE NO. DESCRIPTION RULING 1 FOR AN ORDER EXCLUDING EVIDENCE THAT CONTRADICTS DEFENDANTS' ADMISSIONS MADE IN RESPONSES TO PLAINTIFF'S REQUESTS FOR
More informationEVIDENCE / CIVIL PROCEDURE Copyright February State Bar of California
Copyright February 1996 - State Bar of California Dave, owner of a physical fitness center known as "Dave's Gym," is being sued by Paul for negligence. Paul claims that he sustained permanent injuries
More informationIN THE CIRCUIT COURT OF THE STATE OF OREGON FOR LAKE COUNTY
Terri Wood, OSB #88332 Law Office of Terri Wood, P.C. 730 Van Buren Street Eugene, Oregon 97402 541-484-4171 Attorney for John Doe IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR LAKE COUNTY STATE OF OREGON,
More informationPlainSite. Legal Document. Missouri Eastern District Court Case No. 4:09-cv Jo Ann Howard and Associates, P.C. et al v.
PlainSite Legal Document Missouri Eastern District Court Case No. 4:09-cv-01252 Jo Ann Howard and Associates, P.C. et al v. Cassity et al Document 2163 View Document View Docket A joint project of Think
More informationKeith Berkshire Berkshire Law Office, PLLC
Keith Berkshire Berkshire Law Office, PLLC (a) Preserving a Claim of Error. A party may claim error in a ruling to admit or exclude evidence only if the error affects a substantial right of the party and:
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, UNPUBLISHED March 15, 2012 v No. 301700 Huron Circuit Court THOMAS LEE O NEIL, LC No. 10-004861-FH Defendant-Appellant.
More informationIN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PA
IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PA MEGGAN SKRUTSKY, Plaintiff NO 08-02599 vs. CHARLES F. ULMER, JR., CIVIL ACTION Defendant vs. MATTHEW D. AIKEY, Additional Defendant MATTHEW D. AIKEY,
More informationUNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION ) ) ) ) ) ) ) ) ) )
LEFORGE v. FEIWELL & HANNOY, P.C. Doc. 129 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION LUDA CHRISTINE HAYWARD LEFORGE, vs. FEIWELL & HANNOY, P.C., Plaintiff, Defendant.
More informationSri McCam ri Q. August 16, 2017 VIA ELECTRONIC FILING AND OVERNIGHT DELIVERY
Sri McCam ri Q ae ga I Se 9 al McCambrid J e Sin g er &Mahone Y V Illinois I Michigan I Missouri I New Jersey I New York I Pennsylvania I 'Texas www.smsm.com Jennifer L. Budner Direct (212) 651.7415 jbudnernsmsm.com
More informationFEDERAL RULES OF EVIDENCE (Mock Trial Version)
FEDERAL RULES OF EVIDENCE (Mock Trial Version) (ADOPTED 9/4/2012) INDEX ARTICLE I. GENERAL PROVISIONS Rule 101 Scope... 1 Rule 102 Purpose and Construction... 1 ARTICLE II. JUDICIAL NOTICE... 1 Rule 201
More informationDocket No. MID-L CM ORDER. The above matter having been opened to the Court by Anapol Weiss attorneys for
SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY IN RE: ALLODERM LITIGATION CASE CODE NO. 295 CIVIL ACTION.. " MICHAEL SIMINERI and KAREN SIMINERI, h/w, Plaintiffs, v. LIFE CELL CORPORATION
More informationIN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, PRETORIA
SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION,
More informationEVIDENCE, FOUNDATIONS AND OBJECTIONS. Laurie Vahey, Esq.
EVIDENCE, FOUNDATIONS AND OBJECTIONS Laurie Vahey, Esq. KINDS OF EVIDENCE Testimonial Including depositions Make sure you comply with CPLR requirements Experts Real Documentary Demonstrative Visual aid
More informationCase 1:17-cv WYD-SKC Document 150 Filed 02/19/19 USDC Colorado Page 1 of 32 JURY INSTRUCTIONS
Case 1:17-cv-00844-WYD-SKC Document 150 Filed 02/19/19 USDC Colorado Page 1 of 32 Civil Action No. 17-cv-00844-WYD-SKC BRANDON FRESQUEZ, v. Plaintiff, BNSF RAILWAY CO., Defendant. IN THE UNITED STATES
More informationCalifornia Bar Examination
California Bar Examination Essay Question: Evidence And Selected Answers The Orahte Group is NOT affiliated with The State Bar of California PRACTICE PACKET p.1 Question While driving their cars, Paula
More information2016 FEDERAL RULES OF EVIDENCE (Mock Trial Version)
2016 FEDERAL RULES OF EVIDENCE (Mock Trial Version) In American trials, complex rules are used to govern the admission of proof (i.e., oral or physical evidence). These rules are designed to ensure that
More informationTRIAL OBJECTIONS. Considerations Effect on the jury Scrutinous Judiciously Effective/Disruptive
TRIAL OBJECTIONS Albert E. Durkin, Esq. Miroballi Durkin & Rudin LLC Considerations Effect on the jury Scrutinous Judiciously Effective/Disruptive Will the answer hurt your case? Protecting the record
More informationFunction of the Jury Burden of Proof and Greater Weight of the Evidence Credibility of Witness Weight of the Evidence
101.05 Function of the Jury Members of the jury, all the evidence has been presented. It is now your duty to decide the facts from the evidence. You must then apply to those facts the law which I am about
More informationIN THE COURT OF APPEALS OF TENNESSEE AT JACKSON January 20, 2004 Session
IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON January 20, 2004 Session BRENDA J. SNEED v. THOMAS G. STOVALL, M.D., ET AL. Direct Appeal from the Circuit Court for Shelby County No. 57955 T.D. Karen R.
More informationCalifornia Bar Examination
California Bar Examination Essay Question: Evidence And Selected Answers The Orahte Group is NOT affiliated with The State Bar of California PRACTICE PACKET p.1 Question Paul sued David in federal court
More informationTracy S. Carlin of Mills & Carlin, P.A., Jacksonville, for Appellant.
IN THE DISTRICT COURT OF APPEAL, FIRST DISTRICT, STATE OF FLORIDA JUDITH SHAW, v. Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED. CASE NO. 1D04-4178
More informationIN THE CIRCUIT COURT OF THE STATE OF OREGON FOR LINN COUNTY
Terri Wood, OSB #88332 Law Office of Terri Wood, P.C. 730 Van Buren Street Eugene, Oregon 97402 541-484-4171 Attorney for IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR LINN COUNTY STATE OF OREGON, Plaintiff,
More information4. RELEVANCE. A. The Relevance Rule
4. RELEVANCE A. The Relevance Rule The most basic rule of evidence is that it must be relevant to the case. Irrelevant evidence should be excluded. If we are trying a bank robbery case, the witnesses should
More information12 COMES NOW DEFENDANT, and moves the Court for a hearing to determine
6/30/ 8:53:08 AM 16CR57594 1 2 3 4 IN THE CIRCUIT COURT OF THE STATE OF OREGON 5 FOR THE COUNTY OF LANE 6 STATE OF OREGON, 7 Plaintiff, 8 vs. 9 JEREMY KENT MILUTIN, No. 16CR57594 MOTION TO EXCLUDE OR LIMIT
More informationFEDERAL RULES OF EVIDENCE (Mock Trial Version) (updated 10/07)
FEDERAL RULES OF EVIDENCE (Mock Trial Version) (updated 10/07) In American trials complex rules are used to govern the admission of proof (i.e., oral or physical evidence). These rules are designed to
More informationMAY UNDOCUMENTED ALIENS PURSUE CLAIMS FOR PAST WAGE LOSS IN CALIFORNIA AND NEVADA? MAYBE. MAYBE NOT.
MAY UNDOCUMENTED ALIENS PURSUE CLAIMS FOR PAST WAGE LOSS IN CALIFORNIA AND NEVADA? MAYBE. MAYBE NOT. Mark C. Phillips Partner, Kramer, deboer & Keane, LLP Immigration reform and the rights of undocumented
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, UNPUBLISHED May 8, 2007 v No. 267567 Wayne Circuit Court DAMAINE GRIFFIN, LC No. 05-008537-01 Defendant-Appellant.
More informationEssentials of Demonstrative Evidence
Feature Article Hon. Donald J. O Brien, Jr. (Ret.) Charles P. Rantis Johnson & Bell, Ltd., Chicago Essentials of Demonstrative Evidence Presentation of evidence at trial is constantly evolving. In this
More informationDocket No. MID-L CM ORDER. The above matter having been opened to the Court by Anapol Weiss attorneys for
SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY IN RE: ALLODERM LITIGATION CASE CODE NO. 295 CIVIL ACTION MICHAEL SIMINERI and KAREN SIMINERI, h/w, Plaintiffs, v. LIFECELL CORPORATION SUPERIOR
More informationABOTA MOTIONS IN LIMINE SEMINAR
OVERVIEW OF MOTIONS IN LIMINE ABOTA MOTIONS IN LIMINE SEMINAR October 15, 2014 William R. Wick and Andrew L. Stevens Nash, Spindler, Grimstad & McCracken LLP AUTHORITY FOR MOTIONS IN LIMINE In Wisconsin,
More informationHow to Testify. Qualifications for Testimony. Hugo A. Holland, Jr., J.D., CFE Prosecutor, State of Louisiana
How to Testify Qualifications for Testimony Hugo A. Holland, Jr., J.D., CFE Prosecutor, State of Louisiana 2018 Association of Certified Fraud Examiners, Inc. CPE PIN Instructions 2018 Association of Certified
More informationPRETRIAL INSTRUCTIONS. CACI No. 100
PRETRIAL INSTRUCTIONS CACI No. 100 You have now been sworn as jurors in this case. I want to impress on you the seriousness and importance of serving on a jury. Trial by jury is a fundamental right in
More informationUnftefr j^tate fflcurt ni JVp^^tb
In ike Unftefr j^tate fflcurt ni JVp^^tb No. 14-1965 HOWARD PILTCH, et ah, Plaintiffs-Appellants, FORD MOTOR COMPANY, etal, Defendants-Appellees. Appeal from the United States District Court for the Northern
More informationCalifornia Bar Examination
California Bar Examination Essay Question: Evidence/Remedies And Selected Answers The Orahte Group is NOT affiliated with The State Bar of California PRACTICE PACKET p.1 Question Green s Grocery Outlet
More informationIN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO KA COA STATE OF MISSISSIPPI BRIEF FOR THE APPELLEE
E-Filed Document Dec 1 2014 16:28:06 2013-KA-01785-COA Pages: 9 IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI TREVOR HOSKINS APPELLANT VS. NO. 2013-KA-01785-COA STATE OF MISSISSIPPI APPELLEE BRIEF
More informationDISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2013
PER CURIAM. DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2013 JEFFREY MICHAEL HOWARD, Appellant, v. BASIL PALMER and GROUPWARE INTERNATIONAL, INC., Appellees. No. 4D10-3258
More informationThe Civil Action Part 1 of a 4 part series
The Civil Action Part 1 of a 4 part series The American civil judicial system is slow, and imperfect, but many times a victim s only recourse in attempting to me made whole after suffering an injury. This
More informationCase 3:01-cv AWT Document 143 Filed 03/26/2008 Page 1 of 8 UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT : : : : : : :
Case 301-cv-02402-AWT Document 143 Filed 03/26/2008 Page 1 of 8 UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT PETER D. MAINS and LORI M. MAINS Plaintiffs, v. SEA RAY BOATS, INC. Defendant. CASE
More informationMODEL MOTOR VEHICLE NEGLIGENCE CHARGE AND VERDICT SHEET. MOTOR VEHICLE VOLUME REPLACEMENT JUNE
Page 1 of 25 100.00 MODEL MOTOR VEHICLE NEGLIGENCE CHARGE AND VERDICT SHEET. NOTE WELL: This is a sample only. Your case must be tailored to fit your facts and the law. Do not blindly follow this pattern.
More informationIN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY MARIA RIZZI, ) ) Plaintiff, ) ) v. ) ) JUDITH MASON, ) ) Defendant. ) Date Submitted: April 2, 2002 Date Decided: May 22, 2002
More informationv. Record No OPINION BY JUSTICE BARBARA MILANO KEENAN September 13, 1996 D.S. NASH CONSTRUCTION COMPANY
Present: All the Justices LOIS EVONE CHERRY v. Record No. 951876 OPINION BY JUSTICE BARBARA MILANO KEENAN September 13, 1996 D.S. NASH CONSTRUCTION COMPANY FROM THE CIRCUIT COURT OF CAMPBELL COUNTY H.
More informationIN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT. Appellants, Case Nos. 5D D
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT MARIE LYNN HARRISON AND DEBORAH HARRISON, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED
More informationChapter 4 Types of Evidence
Chapter 4 Types of Evidence Circumstantial evidence is a very tricky thing. It may seem to point very straight to one thing, but if you shift your own point of view a little, you may find it pointing in
More informationIN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
Bailey v. B.S. Quarries, Inc. et al Doc. 245 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA PAULINE M. BAILEY, : No. 3:13cv3006 Administrator of the Estate of Wesley : Sherwood,
More informationCase 1:14-cr JB Document 51 Filed 09/09/14 Page 1 of 6 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF NEW MEXICO
Case 1:14-cr-02783-JB Document 51 Filed 09/09/14 Page 1 of 6 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF NEW MEXICO UNITED STATES OF AMERICA, Plaintiff, vs. Case No.: 14-CR-2783 JB THOMAS
More informationCase: 1:14-cr Document #: 67 Filed: 10/19/15 Page 1 of 9 PageID #:1049
Case: 1:14-cr-00551 Document #: 67 Filed: 10/19/15 Page 1 of 9 PageID #:1049 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION UNITED STATES OF AMERICA, Plaintiff,
More informationGENERAL CLOSING INSTRUCTIONS. Members of the jury, it is now time for me to tell you the law that applies to
GENERAL CLOSING INSTRUCTIONS Members of the jury, it is now time for me to tell you the law that applies to this case. As I mentioned at the beginning of the trial, you must follow the law as I state it
More informationTHE USE OF NO-FAULT REPORTS BY A TORT DEFENDANT BEASLEY REVISITED, ONE YEAR LATER
THE USE OF NO-FAULT REPORTS BY A TORT DEFENDANT BEASLEY REVISITED, ONE YEAR LATER Materials prepared by: Jim Tomlinson, Adrian Nicolini, Samantha Share Date: November 10, 2011 McCague Borlack LLP Suite
More informationUNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ORDER ON PARTIES MOTIONS IN LIMINE
MIMMS ET AL. v. CVS PHARMACY, INC. Doc. 219 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION ANTHONY MIMMS, M.D., MIMMS FUNCTIONAL REHABILITATION, P.C., v. Plaintiffs, CVS
More information) Cause No. 1:14-cv-937-WTL-DML. motions are fully briefed and the Court, being duly advised, resolves them as set forth below.
SCHEIDLER v. STATE OF INDIANA Doc. 88 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION BRENDA LEAR SCHEIDLER, Plaintiff, vs. STATE OF INDIANA, Defendant. Cause No. 1:14-cv-937-WTL-DML
More informationWall v. Bascombe Doc. 97 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MISSOURI WESTERN DIVISION
Wall v. Bascombe Doc. 97 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MISSOURI WESTERN DIVISION DEBRA S. WALL ) Plaintiff, ) ) v. ) No. 09-0674-CV-W-FJG ) JENNIFER L. BASCOMBE, ) Defendant.
More informationIN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE January 28, 2016 Session. S. CARMACK GARVIN, JR., ET AL. v. JOY MALONE
IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE January 28, 2016 Session S. CARMACK GARVIN, JR., ET AL. v. JOY MALONE Appeal from the Circuit Court for Williamson County No. 2010655 James G. Martin,
More informationTIPS ON OFFERING EVIDENCE RELEVANCE
TIPS ON OFFERING EVIDENCE by Curtis E. Shirley RELEVANCE Indiana Evidence Rule 401: Relevant evidence means evidence having any tendency to make the existence of any fact that is of consequence to the
More informationDELAWARE HIGH SCHOOL MOCK TRIAL RULES OF EVIDENCE
DELAWARE HIGH SCHOOL MOCK TRIAL RULES OF EVIDENCE In American trials, complex rules are used to govern the admission of proof (i.e., oral or physical evidence). These rules are designed to ensure that
More informationSpecial Thanks to Daisy Espinoza Administrative Court Clerk, Tarrant County
Texas Justice Court Judges Association Professional Development - October 16, 2017 Texas Justice Court Judges Association Judge Ralph Swearingin Jr. Tarrant County Lancaster Smith Jr.- Attorney at Law
More informationJUDGE DENISE POSSE LINDBERG STOCK CIVIL JURY INSTRUCTIONS TABLE OF CONTENTS
JUDGE DENISE POSSE LINDBERG STOCK CIVIL JURY INSTRUCTIONS TABLE OF CONTENTS Stock Opening Instructions Introduction and General Instructions... 1 Summary of the Case... 2 Role of Judge, Jury and Lawyers...
More informationMISSOURI CIRCUIT COURT TWENTY-SECOND JUDICIAL CIRCUIT (St. Louis City)
MISSOURI CIRCUIT COURT TWENTY-SECOND JUDICIAL CIRCUIT (St. Louis City) DAYNA CRAFT (withdrawn), DEBORAH LARSEN and WENDI ALPER-PRESSMAN, et al., Individually and on Behalf of All Others Similarly Situated,
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS LARRY RIDNER, Plaintiff-Appellant, UNPUBLISHED October 28, 2003 v No. 240710 Monroe Circuit Court CHARLEY RAFKO TOWNE and CAROL SUE LC No. 99-010343-NI TOWNE, Defendants-Appellees.
More informationDISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT KEVIN STEWART, Appellant, v. DEAN D. DRALEAUS, CHRISTOPHER REAGLE, and ROBIN VINCENT, Appellees. Nos. 4D15-2320, 4D15-2321 and 4D15-2322
More informationArgumentative Questions (Badgering) Assuming Facts Not in Evidence (Extrapolation) Irrelevant Evidence Hearsay Opinion Lack of Personal Knowledge
Argumentative Questions (Badgering) Assuming Facts Not in Evidence (Extrapolation) Irrelevant Evidence Hearsay Opinion Lack of Personal Knowledge Asked and Answered Outside the Scope of Cross Examination
More informationNew Hampshire Supreme Court October 13, 2016 Oral Argument Case Summary
New Hampshire Supreme Court October 13, 2016 Oral Argument Case Summary CASE #2 State of New Hampshire v. Remi Gross-Santos (2015-0570) Attorney David M. Rothstein, Deputy Director New Hampshire Public
More informationSecond, you must not be influenced by sympathy, passion or prejudice in favor of any party or against any of the parties.
CLOSING INSTRUCTIONS Members of the jury, we now come to that part of the case where I must give you the instructions on the law. If you cannot hear me, please raise your hand. It is important that you
More informationUNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT ORDER. Before WILLIAM J. BAUER, Circuit Judge. HOWARD PILTCH, et al.. Plaintiffs - Appellants
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT Everett McKinley Dirksen United States Courthouse Room 2722-219 S. Dearborn Street Chicago, Illinois 60604 Office of the Clerk Phone: (312) 435-5850
More informationCOURT USE ONLY Case Number: 15CV vs.
DISTRICT COURT, EL PASO COUNTY, COLORADO Court Address: 270 South Tejon Street P.O. Box 2980 Colorado Springs, Colorado 80901 Phone Number: (719) 452-5282 Plaintiff(s) RYAN GRAHAM vs. COURT USE ONLY Case
More informationFEDERAL RULES OF EVIDENCE 2018
FEDERAL RULES OF EVIDENCE 2018 Effective July 1, 1975, as amended to Dec. 1, 2017 The goal of this 2018 edition of the Federal Rules of Evidence 1 is to provide the practitioner with a convenient copy
More informationRESPONDENT MOTHER'S MOTION IN LIMINE REGARDING OTHER ACTS EVIDENCE
DISTRICT COURT, COUNTY, STATE OF COLORADO The People of the State of Colorado in the Interest of Children: Petitioner: And Concerning:, Respondents COURT USE ONLY Attorney for Respondent Mother Douglas
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, UNPUBLISHED July 9, 2015 v No. 320838 Wayne Circuit Court CHARLES STANLEY BALLY, LC No. 13-008334-FH Defendant-Appellant.
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS DOUGLAS ELLMAN, Bankruptcy Trustee for Linda Robertson, UNPUBLISHED March 15, 2002 Plaintiff-Appellant, and BLUE CROSS BLUE SHIELD OF MICHIGAN, Intervening Plaintiff,
More informationAdding a Little Bit of Hollywood to Your Trial
Adding a Little Bit of Hollywood to Your Trial Todd M. Raskin Mazanec, Raskin & Ryder Co., L.P.A. 34305 Solon Road 100 Franklin s Row Cleveland, OH 44139 (440) 248-7906 traskin@mrrlaw.com Todd M. Raskin
More information9i;RK, U.S~CE'F,T COURT
Case 3:10-cv-01033-F Document 270 Filed 01/25/13 Page 1 of 10 PageID 10800 U.S. DISTRICT COURT NORTHERN DISTRICT OF TEXAS FILED IN THE UNITED STATES DISTRirT ~_P_._. UFT JAN 2 5 2013 NORTHERN DISTRICT
More informationCase 1:15-cv JCH-LF Document 60 Filed 11/04/16 Page 1 of 13 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO
Case 1:15-cv-00597-JCH-LF Document 60 Filed 11/04/16 Page 1 of 13 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO PATRICIA CABRERA, Plaintiff, v. No. 15 CV 597 JCH/LF WAL-MART STORES
More informationSUPERIOR COURT OF ARIZONA MARICOPA COUNTY CV /18/2015 HON. DAVID K. UDALL
Michael K. Jeanes, Clerk of Court *** Filed *** 11/23/2015 8:00 AM HON. DAVID K. UDALL CLERK OF THE COURT K. Tiero Deputy JAMES MICHAEL HUMPHREY, et al. JOHN P LEADER v. STATE OF ARIZONA, et al. FRED M
More informationWhere did the law of evidence come from/why have the law of evidence? Check on the power of executive government (Guantanamo Bay).
INTRODUCTION: Where did the law of evidence come from/why have the law of evidence? Check on the power of executive government (Guantanamo Bay). Courts deal with serious business. The law of evidence excludes
More informationNo. 1D On appeal from the Circuit Court for Clay County. Don H. Lester, Judge. August 30, 2018
FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA No. 1D16-1828 ROBERT ROY MACOMBER, Appellant, v. STATE OF FLORIDA, Appellee. On appeal from the Circuit Court for Clay County. Don H. Lester, Judge. August
More informationSAM OOLIE, HAROLD OOLIE, Davidson Circuit No. 95C Plaintiffs, Hon. Walter Kurtz, Judge MEMORANDUM OPINION 1
IN THE COURT OF APPEALS OF TENNESSEE WESTERN SECTION AT NASHVILLE SAM OOLIE, HAROLD OOLIE, Davidson Circuit No. 95C-2427 and FRANCES CHAFITZ, C.A. No. 01A01-9706-CV-00240 VS. Plaintiffs, Hon. Walter Kurtz,
More informationCase 3:07-cr EDL Document 49 Filed 03/25/2008 Page 1 of 8
Case :0-cr-00-EDL Document Filed 0//00 Page of 0 0 JOSEPH P. RUSSONIELLO (CABN United States Attorney BRIAN J. STRETCH (CABN Chief, Criminal Division WENDY THOMAS (NYBN 0 Special Assistant United States
More informationCase 6:13-cv GAP-DAB Document 91 Filed 08/09/14 Page 1 of 13 PageID 3428
Case 6:13-cv-00434-GAP-DAB Document 91 Filed 08/09/14 Page 1 of 13 PageID 3428 D.B., UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA - ORLANDO DIVISION Plaintiffs, v. ORANGE COUNTY, FLORIDA;
More informationFiling # E-Filed 04/04/ :49:40 PM
Filing # 54608023 E-Filed 04/04/2017 12:49:40 PM IN THE CIRCUIT COURT OF THE 17 TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA P & S ASSOCIATES GENERAL PARTNERSHIP, etc. et al., CASE NO. 12-034123
More informationEVIDENCE. Professor Franks. Final Examination, Fall 2013 GENERAL INSTRUCTIONS
EVIDENCE Professor Franks Final Examination, Fall 2013 GENERAL INSTRUCTIONS 1. Carefully analyze the facts and grasp the issues in each question before beginning to write. Spend time reading the question
More informationDISTRICT COURT EAGLE COUNTY, COLORADO 885 E. Chambers Road P.O. Box 597 Eagle, Colorado Plaintiff: PEOPLE OF THE STATE OF COLORADO.
DISTRICT COURT EAGLE COUNTY, COLORADO 885 E. Chambers Road P.O. Box 597 Eagle, Colorado 81631 Plaintiff: PEOPLE OF THE STATE OF COLORADO. Defendant: KOBE BEAN BRYANT. σ COURT USE ONLY σ Case Number: 03
More informationIN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY ) ) ) ) ) ) ) ) ) ) ) ORDER. Defendant s Biomechanical Expert Witness
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY YOLANDA S. DiVIRGILIO, v. Plaintiff, MARLA R. ESKIN, ESQUIRE, as Administratrix of the Estate of Robert P. Chickadel, deceased,
More informationTHE NATIONAL CENTER FOR JUSTICE AND
THE NATIONAL CENTER FOR JUSTICE AND THE RULE OF LAW AND THE NATIONAL JUDICIAL COLLEGE EXPERT WITNESSES DIVIDER 6 Professor Michael Johnson OBJECTIVES: After this session, you will be able to: 1. Distinguish
More informationENTRY ORDER SUPREME COURT DOCKET NO OCTOBER TERM, 2016
Note: Decisions of a three-justice panel are not to be considered as precedent before any tribunal. ENTRY ORDER SUPREME COURT DOCKET NO. 2016-048 OCTOBER TERM, 2016 State of Vermont APPEALED FROM: Superior
More informationUNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA
Case :-cr-000-vap Document Filed 0/0/ Page of 0 Page ID #: 0 0 JOHN NEIL McNICHOLAS, ESQ. STATE BAR #0 McNicholas Law Office Palos Verdes Blvd., Redondo Beach, CA 0 (0) -00 (0) -- FAX john@mcnicholaslawoffice.com
More informationUNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) )
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 0 JESSE WASHINGTON, Plaintiff, v. R. SAMUELS, Defendant. Case No.: :-cv-00-sab (PC ORDER REGARDING PARTIES MOTIONS IN LIMINE [ECF Nos. 0 & 0]
More informationIN THE COURT OF COMMON P 3 15 CUYAHOGA COUNTY, OHIo'n, rr niirts
Aj 93661456 FILED IN THE COURT OF COMMON P 3 15 CUYAHOGA COUNTY, OHIo'n, rr niirts CLERn OS' LUUK I o JOHN BALLAS, ET AL. Case No: COUNT Y Plaintiff 93661456 Judge: MICHAEL E JACKSON LORENZO S. LALLI,
More informationQualifications, Presentation and Challenges to Expert Testimony - Daubert (i.e. is a DFPS caseworker an expert)
Qualifications, Presentation and Challenges to Expert Testimony - Daubert (i.e. is a DFPS caseworker an expert) 1. Introduction Theodore B. Jereb Attorney at Law P.L.L.C. 16506 FM 529, Suite 115 Houston,
More informationCOURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA No STATE OF OHIO : Plaintiff-Appellant : JOURNAL ENTRY. vs.
[Cite as State v. Hruby, 2003-Ohio-746.] COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA No. 81303 STATE OF OHIO : Plaintiff-Appellant : JOURNAL ENTRY vs. : AND CRAIG HRUBY : OPINION Defendant-Appellee
More information2011 RULES OF EVIDENCE
2011 RULES OF EVIDENCE Pennsylvania Mock Trial Version Article I. General Provisions 101. Scope 102. Purpose and Construction Article IV. Relevancy and its Limits 401. Definition of "Relevant Evidence"
More informationRULES OF EVIDENCE Pennsylvania Mock Trial Version 2003
Article I. General Provisions 101. Scope 102. Purpose and Construction RULES OF EVIDENCE Pennsylvania Mock Trial Version 2003 Article IV. Relevancy and its Limits 401. Definition of "Relevant Evidence"
More informationCircuit Court for Baltimore County Case No.: 03-K UNREPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND. No September Term, 2018
Circuit Court for Baltimore County Case No.: 03-K-17-005202 UNREPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 201 September Term, 2018 KHEVYN ARCELLE SHARP v. STATE OF MARYLAND Fader C.J., Leahy,
More informationJames McNamara v. Kmart Corp
2010 Decisions Opinions of the United States Court of Appeals for the Third Circuit 5-14-2010 James McNamara v. Kmart Corp Precedential or Non-Precedential: Non-Precedential Docket No. 09-2216 Follow this
More informationPERSONAL INJURY DEFENSE. Six Humble Suggestions. Successfully. By Clifford L. Harrison
Six Humble Suggestions Successfully Defending a Minor By Clifford L. Harrison A defense damages theme must be tailored to engage a jury s sense of injustice over making a defendant even a large corporation
More informationSIMPLIFIED RULES OF EVIDENCE
SIMPLIFIED RULES OF EVIDENCE Table of Contents INTRODUCTION...3 TEXAS CODE OF CRIMINAL PROCEDURE Title 1, Chapter 38...3 TEXAS RULES OF EVIDENCE Article I: General Provisions...4 Article IV: Relevancy
More information