FILE MOTIONS IN LIMINE AND DON’T GET EATEN BY THE REPTILE
A Motion in Limine is a pretrial request asking a trial court to limit or exclude certain evidence from being presented to the jury. Attorneys and litigants tend to overlook the importance of filing these motions. They are either constrained by clients who want to minimize legal expenses, or are without sufficient resources to do the work necessary to research, draft, file and argue the motions. These things take time. This article discusses the failure to take that time.
Plaintiff attorneys are using the “reptile argument” to inflame jurors’ passions and obtain enormous personal injury awards. The reptilian argument takes a simple personal injury accident against a “target” business defendant and makes the case into a national crusade against unsafe [insert whatever the defendant allegedly did wrong]. If the defendant is a trucking company, the plaintiff will introduce evidence showing how many truck accidents occur every year; how many of these truck accidents are caused by [again insert whatever is related to the case at hand, say cell phone usage, mechanical breakdown, sleepy drivers, etc.].
Jurors will be told that unless the slithering reptile(s) before them is slain --- the sleepy, distracted, cell phone using, broken truck using defendant driver and defendant truck company --- the danger they represent will continue. A savvy defendant will seek to exclude this evidence. However, the trial judge is not going to exclude evidence without being asked. The proper way to ask is to file a Motion in Limine consistent with the trial court’s pretrial order or local procedure. Do not get lazy. Just do it.
If a Motion in Limine is granted, prejudicial evidence or testimony will be excluded. This limits the number of witnesses or evidence during trial, shortens the trial, and simplifies the issues for trial. Also, Motions in Limine require the trial judge to make a ruling after the facts and law are recited. This creates a very clear record for an appeal, if necessary.
Motions in Limine take time to research, draft, file and argue. In high value cases, the prevailing view is that Motions in Limine are the best practice.
About Alexander & Angelas, P.C.
Alexander & Angelas, P.C. represents defendants in civil liability litigation across Michigan and Northern Ohio. The firm’s practice areas include insurance defense litigation, premises liability, motor carrier (trucking) defense, corporate and commercial litigation, construction defect litigation, auto negligence, insurance coverage disputes, emergency casualty response services, alternative dispute resolution, subrogation claims, workers’ compensation, employment law, and liquor liability.
Attorneys practice in all state and federal courts in Michigan, including Wayne County (Detroit), Macomb County (Mount Clemens), Oakland County (Pontiac), Washtenaw County (Ann Arbor), and Genesee County (Flint). Legal services are also provided in Northern Ohio. Since its founding in 1992, the firm has litigated over 4,000 civil cases.
A 24/7 Emergency Hotline is available (800-219-0007) for trucking and insurance company clients. When an accident requires an immediate response to protect evidence, members of the firm quickly launch an investigation with the assistance of well-qualified accident investigators, crash re-constructionists, mechanical engineers, civil evidence photographers, and independent adjusters positioned throughout Michigan and Northern Ohio.
Alexander & Angelas, P.C. measures its performance based upon three key metrics: aging of claims, indemnity expense, and legal defense costs. The firm refuses to over-litigate cases merely to increase legal fees and strives to resolve matters within one year from initial case assignment.
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