The following blog entry is written to illustrate a common motion filed during civil litigation. Reviewing this kind of filing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident lawsuit and its proceedings.)
Defendant XYZ Tire, Inc.’s Motion in Limine No. 10 to Exclude Reference to Plaintiff Owen West’s Military History or References to Him as a “War Hero”
XYZ Tire, Inc. (hereinafter, “XYZ”) moves this court in limine for an Order precluding plaintiff Owen West, his attorneys, and all witnesses and experts from referring to, commenting upon, or otherwise attempting to introduce at trial any and all testimony or evidence pertaining to plaintiff Owen West being a veteran of World War II, including references to his involvement in Pearl Harbor and D-Day or attempting to portray plaintiff as a “war hero” or “patriot,” or any variation or derivative thereof throughout the course and scope of this tria,l pursuant to Evidence Code §§ 210, 350 and 352.
The admission of evidence or testimony concerning Owen West being a veteran of World War II and his involvement in two of the most well known military battles, D-Day and Pearl Harbor, both of which occurred over a half-century ago (66 and almost 69 years respectively) cannot possibly be relevant to any issue in the present action.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Moreover, even if such testimony did have some tangential or collateral relevance (which it does not), its very limited probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time, create substantial danger of undue prejudice, as well as confuse or mislead the jury. (See Part 2 of 6.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.