Plaintiff's Motion in Limine
CAUSE NO. XXXXXXXXXX
IN THE COUNTY COURT
OF SMITH COUNTY, TEXAS
PLAINTIFF'S MOTION IN LIMINE
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW XXXXXXXXXX, Plaintiff, in the above numbered and entitled cause, and, before commencement of voir dire examination of the jury panel, respectfully moves that Counsel for the Defense and, through such counsel, any and all defense witnesses be instructed by an appropriate order of this Honorable Court to refrain from making any mention or interrogation, directly or indirectly, in any manner whatsoever, concerning any of the matters set forth herein, without first approaching the bench and obtaining a ruling of the Court outside the presence and hearing of all prospective jurors or jurors ultimately selected in this cause in regard to any alleged theory of admissibility of such matters. In this connection, Plaintiff would show the Court that the matters set out would be inadmissible for any purpose on proper and timely objections in that they have no bearing on the issues in this case, or the rights of the parties to
this suit. Permitting interrogation of witnesses, comments to jurors or prospective jurors, or offers of evidence concerning these matters would prejudice the jury, and sustaining objections to such questions, comments, or offers would not cure such prejudice, but rather reinforce the impact of such prejudicial matters on the jurors.
The following matters would not be admissible for any purpose in this cause.
That Plaintiff has received, has been entitled to receive, will receive, or will become entitled to receive, benefits of any kind or character from a collateral source, including, but not limited to the following:
A. Benefits from collateral insurance coverage; B. Services furnished without charge;
C. Compensation for time not actually worked; D. Social Security or pension;
E. Worker's Compensation or Longshoremen's Benefits; F. Medicare or Medicaid benefits.
That Plaintiff has been accused of, or in fact found guilty of, any misconduct or criminal activity. In this connection, Plaintiff has never been convicted of any crime involving moral turpitude nor any other crime which conviction would be admissible in impeachment of Plaintiff's credibility, or that any such conviction occurred at a time too remote from the present to be relevant to Plaintiff's credibility as a witness in the trial of this cause.
That Plaintiff has had unrelated prior or subsequent claims, suits or settlements, or the amounts thereof.
That the Plaintiff has suffered other injuries or has been involved in other accidents unless Defendants show the Court out of the presence of the jury that there is a connection between such accident and injuries to the issues in this case.
That any recovery made by the Plaintiff either would or would not be subject to federal income taxation or any other form of taxation.
The time or circumstances under which the Plaintiff employed his attorney.
The Plaintiff's personal habits, including drinking and/or drug habits, since there is no allegation that any such habits contributed to the occurrence made the basis of this suit, or that the Plaintiff was intoxicated from drugs or alcohol at the time of said occurrence.
That actual damages awarded in this suit under any special acts will be increased by operation of law.
That Plaintiff has not called to testify any witnesses equally available to both parties in this cause. In this connection, Plaintiff moves that Defendant's counsel further be instructed not to tender, read firm or refer to any ex parte statement or report of any person not then and there present in Court to testify and to be cross-examined by counsel for Plaintiff, and that Defendant's counsel be instructed not to suggest to the jury by argument or otherwise what would have been the testimony of any witness not actually called. Furthermore, in connection with any matters that have been transacted between the attorney and client, including conversations with and all transactions connected thereto, Plaintiff claims the Attorney/Client privilege.
Requesting Plaintiff's counsel to produce any evidence or documents in his file.
That should the Defendant wish to introduce any photographs or motion picture film into evidence, that same be tendered to the Court and opposing counsel, outside the presence of the jury, and shown or exhibited to determine its relevance and suitability for introduction into evidence prior to and before informing the jury as to its existence or its tender into evidence by the Defendant.
That Defendants will be ultimately responsible for satisfying any judgment herein, or will be "hurt" financially by an adverse verdict.
That a portion of Plaintiff's cause of action is actually a subrogation owned by an insurance company.
Any reference to a polygraph test, if any, taken in connection with testimony of Plaintiff.
Any mention of an expert, or facts or opinions from an expert, not revealed by Defendant in response to Plaintiff's interrogatories thirty-four (30) days prior to trial.
Any mention of a fact witness not revealed by Defendant in response to Plaintiff's interrogatories thirty-four (30) days prior to trial.
Any testimony by an expert revealed by interrogatory answers whose opinions are based in whole or in part upon information derived by an expert witness not revealed thirty-four (30) days
prior to trial.
That the Plaintiff was discharged from prior employment or the reasons for said discharge.
Any reference to any drug tests rendered in connection with the subject accident for the reason that said tests were either negative or nonconclusive and as such would be inadmissible for any purposes.
Any mention of or opinion regarding Plaintiff's blood alcohol level at the time of the subject accident unless the qualification of the witness to render said opinion be first established outside the presence of the jury. In this regard Plaintiff would show the Court that blood was drawn from the Plaintiff at the hospital immediately following the subject accident and that Plaintiff's blood alcohol level was "zero" (.00).
Any mention of or reference to the fact that traffic citations were or were not issued in connection with this matter.
Any mention of or reference to the fact that Plaintiff may or may not have been wearing a seat belt.
Any mention of or reference to the opinions of any law enforcement officer as to fault or causative factors regarding this matter.
That this Motion has been presented to or ruled upon by the Court. In this connection, Plaintiff moves that Defendant's counsel be instructed not to suggest to the jury by argument or otherwise that Plaintiff has sought to exclude from proof any matter bearing on the issues in this cause, or the rights of the parties to the suit.
WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that the Court consider each of the grounds of the Motion in Limine set forth above and each and all of the requests contained in such motion, and that the Court enter such order and issue such instructions to Defendant, Defendant's witnesses, and Defendant's attorneys to not inquire into the matters set forth herein, or enter into other lines of testimony similar thereto until first having taken the matter up with
the Honorable Court, and that the Court enter such orders and issue such other instructions as may be necessary to protect the fair trial of this case and to ensure that there will be no mistrial by reason of prejudice or otherwise, and for such other and further relief, either at law or at equity, general or special, to which Plaintiff may show himself justly entitled.
State Bar Number 06134750
Earl Drott Law
Bank of America Southeast Center
3301 Golden Road, Suite 411
Tyler, Texas 75701
Phone (903) 531-9300
Fax (903) 531-0221
Attorney for the Plaintiff
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Motion has been served upon the attorneys of record of all parties to the above cause on this 5th day of November, 2011.