Personal Injury Lawyer Blog
It is worth noting that situations similar to those described in this birth injury case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, Methodist, or Sutter.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice action and its proceedings.)
THE COURT HAS INHERENT POWER TO PROVIDE FOR THE ORDERLY CONDUCT OF ITS PROCESS AND PROCEEDINGS AND TO CONFORM THEM TO THE LAW AND JUSTICE
California Code of Civil Procedure § 128, provides in part as follows:
(a) Every court shall have the power to do all the following …(3) To provide for the orderly conduct before it, or its officers.A. To amend and control its process and orders so as to make them conform to law and justice. The court’s power to grant this motion in limine, while not provided for by statute, is found in the court’s inherent power to provide for the orderly conduct of the proceedings before it and to control its process and proceedings to make them conform to law and justice. A trial judge has broad authority over the admission and exclusion of evidence. (Peat Marwick, Mitchell & Company v. Superior Court (1988) 20 Cal. App. 3d 272, 288.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
The Peat Marwick court stated that a motion in limine is not expressly authorized by statute but it is within the court’s inherent power to entertain and grant. The scope of such a motion is any kind of evidence which could be objected to at trial, either as irrelevant or subject to discretionary exclusion as unduly prejudicial, may necessitate undue consumption of time, confuse the issues or mislead the jury. (See Part 4 of 5.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.