State Court Motion in Limine - Alabama

PLAINTIFF'S/DEFENDANT'S MOTION IN LIMINE

(State of Alabama — Circuit Court)

TABLE OF CONTENTS

1. Caption
2. Notice of Motion and Hearing
3. Motion in Limine

4. Memorandum of Law in Support
   4.1 Introduction
   4.2 The Evidence Sought to Be Excluded
   4.3 Legal Standard
   4.4 Argument — Numbered Grounds
   4.5 Conclusion

5. Certificate of Service

6. Exhibit A — Proposed Order

1. CAPTION

IN THE CIRCUIT COURT OF [________________] COUNTY, ALABAMA

Case No.: [________________]

Hearing Date: [__/__/____]
Hearing Time: [________________]
Courtroom: [________________]
Judge: Hon. [________________]

2. NOTICE OF MOTION AND HEARING

TO: ALL PARTIES AND THEIR ATTORNEYS OF RECORD

PLEASE TAKE NOTICE that on [__/__/____] at [________________], or as soon thereafter as the matter may be heard, in [Courtroom] of the above-entitled court, located at [Courthouse Address, City, Alabama], before the Honorable [Judge Name], [Plaintiff / Defendant] [________________] (the "Movant") will, and hereby does, move this Court, in advance of trial and outside the presence of the jury, for an order prohibiting [the opposing party] [________________] ("[Opposing Party]"), and its counsel and witnesses, from offering, mentioning, referring to, interrogating concerning, or attempting to convey to the jury in any manner — directly or indirectly — any of the matters of evidence described below, without first obtaining a ruling from the Court outside the presence and hearing of the jury.

The motion is based on this Notice, the accompanying Memorandum of Law, the Alabama Rules of Evidence, the pleadings and records on file in this action, and any further evidence or argument that may be presented at or before the hearing.

DATED: [__/__/____]

Respectfully submitted,

[FIRM NAME]

By: ______________________________
[ATTORNEY NAME]
[ASB-________________]
[FIRM ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE] | [EMAIL]
Attorney for [Movant]

3. MOTION IN LIMINE

The Movant respectfully moves this Court under Ala. R. Evid. 103(c), 104(a) and (c), 401, 402, and 403 for an advance ruling on the specific evidence identified below, with any necessary admissibility hearing outside the jury's presence. The Movant further requests that the Court instruct opposing counsel to advise each witness of the Court's ruling.

4. MEMORANDUM OF LAW IN SUPPORT

4.1 Introduction

This is an action for [describe nature of action — e.g., negligence arising from a motor-vehicle collision / breach of contract / products liability]. Trial is set to commence on [__/__/____]. The Movant anticipates that [Opposing Party] may offer the specific evidence identified below. The Movant asks the Court to resolve its admissibility before that evidence is presented to the jury.

4.2 The Evidence Sought to Be Excluded

The Movant seeks an order excluding the following specific items of evidence:

1. [________________________________]
2. [________________________________]
3. [________________________________]

4.3 Legal Standard

Relevance (Ala. R. Evid. 401, 402). Evidence is relevant if it has "any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence." (Ala. R. Evid. 401.) Irrelevant evidence is inadmissible. (Ala. R. Evid. 402.)

Unfair Prejudice / Confusion (Ala. R. Evid. 403). Even relevant evidence "may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence." (Ala. R. Evid. 403.)

Character and Other Acts (Ala. R. Evid. 404, 608, 609). Evidence of a person's character or character trait is generally inadmissible to prove conduct in conformity therewith on a particular occasion, and evidence of other crimes, wrongs, or acts is not admissible to prove character to show action in conformity, though it may be admissible for other purposes such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. (Ala. R. Evid. 404(b).) Impeachment by character for truthfulness and by criminal conviction is governed by Ala. R. Evid. 608 and 609.

Hearsay (Ala. R. Evid. 801–804). Hearsay is not admissible except as provided by the Alabama Rules of Evidence, other Alabama Supreme Court rules, or statute. Some statements are not hearsay under Rule 801(d); Rules 803 and 804 state exceptions. (Ala. R. Evid. 802.)

Subsequent Remedial Measures (Ala. R. Evid. 407). A qualifying post-event measure is not admissible to prove negligence, culpable conduct, a product or design defect, or a need for a warning or instruction. Rule 407 permits other purposes, including controverted ownership, control, or feasibility, and impeachment.

Compromise / Settlement (Ala. R. Evid. 408). Compromise offers and negotiation statements about a claim disputed as to validity or amount cannot be used to prove liability for, invalidity of, or amount of that claim, or to impeach by a prior inconsistent statement or contradiction. Rule 408(b) permits other uses, including witness bias, rebutting undue delay, or proving obstruction.

Liability Insurance (Ala. R. Evid. 411). Evidence that a person was or was not insured against liability is not admissible to prove negligence or other wrongful conduct. It may be offered for another purpose, including agency, ownership, control, or witness bias.

Expert Testimony (Ala. R. Evid. 702; Ala. Code § 12-21-160). Rule 702(a) permits a qualified expert to testify when scientific, technical, or other specialized knowledge will assist the trier of fact. For testimony based on a scientific theory, principle, methodology, or procedure, Rule 702(b) and § 12-21-160(b) additionally require sufficient facts or data, reliable principles and methods, and reliable application to the facts. The added subsection (b) standard applies in the proceedings and from the dates stated in the rule and statute; it does not apply to domestic-relations, child-support, juvenile, or probate cases, and the rule separately preserves the statutory treatment of DNA evidence.

Unfairly Prejudicial Material. Identify the precise proposed evidence or presentation and explain why its probative value is substantially outweighed by the danger of unfair prejudice, confusion, or misleading the jury under Ala. R. Evid. 403.

4.4 Argument — Numbered Grounds

GROUND 1 — Irrelevant Evidence (Ala. R. Evid. 401, 402).
The Movant moves to exclude [describe evidence] because it has no tendency to prove or disprove any fact of consequence in this action. Specifically, [________________________________]. Because the evidence is irrelevant, it is inadmissible under Ala. R. Evid. 402 and should be excluded.

GROUND 2 — Unfair Prejudice, Confusion, and Waste of Time (Ala. R. Evid. 403).
The Movant moves to exclude [describe evidence] because any minimal probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, and misleading the jury. [________________________________]. The evidence would inflame the jury and divert it from the issues properly before it.

GROUND 3 — Character and Prior Bad Acts (Ala. R. Evid. 404, 608, 609).
The Movant moves to exclude evidence concerning [describe prior bad acts / character / prior conviction] if offered to suggest that the [party/witness] acted in conformity with a character trait, unless an exception to Ala. R. Evid. 404 applies. Address any asserted alternative purpose: [________________________________]. If offered to impeach, identify the specific Rule 608 or 609 requirement it fails, including any applicable Rule 403 balance: [________________________________].

GROUND 4 — Inadmissible Hearsay (Ala. R. Evid. 801, 802).
The Movant moves to exclude [describe out-of-court statement / document] as inadmissible hearsay offered to prove the truth of the matter asserted, for which no exclusion under Ala. R. Evid. 801(d) or applicable exception under Rules 803 or 804 applies.

GROUND 5 — Subsequent Remedial Measures (Ala. R. Evid. 407).
The Movant moves to exclude evidence of [describe qualifying post-event measure] if offered to prove negligence, culpable conduct, a product or design defect, or a need for a warning or instruction. Identify any asserted alternative purpose under Rule 407 and why it does not warrant admission here: [________________________________].

GROUND 6 — Settlement, Compromise, and Offers (Ala. R. Evid. 408).
The Movant moves to exclude [identify offer or negotiation statement concerning the disputed claim] if offered to prove liability, invalidity, or amount of that claim, or to impeach by contradiction or a prior inconsistent statement. Address any asserted Rule 408(b) purpose, including bias or undue delay: [________________________________].

GROUND 7 — Liability Insurance (Ala. R. Evid. 411).
The Movant moves to exclude [identify insurance evidence] if offered to prove negligence or other wrongful conduct under Ala. R. Evid. 411. Address any asserted alternative purpose, such as agency, ownership, control, or bias: [________________________________].

GROUND 8 — Expert Testimony (Ala. R. Evid. 702; Ala. Code § 12-21-160).
The proposed testimony of [Expert Name] is: ☐ scientific ☐ technical ☐ other specialized knowledge. If the testimony is scientific and the additional subsection (b) standard applies to this proceeding, the Movant contends that it is not based on sufficient facts or data, is not the product of reliable principles and methods, and/or has not been reliably applied to the facts. If subsection (b) does not apply, state the separate Rule 702(a), qualification, helpfulness, Rule 403, and controlling-authority grounds actually raised: [________________________________].

GROUND 9 — Specifically Identified Unfairly Prejudicial Evidence (Ala. R. Evid. 403).
The Movant moves to exclude [identify the particular evidence or presentation] because its probative value is substantially outweighed by [identify the concrete risk of unfair prejudice, confusion, or misleading the jury]. The proposed limit is [describe precisely].

GROUND 10 — [Additional Ground].
[________________________________]

4.5 Conclusion

For the foregoing reasons, the Movant respectfully requests that this Court GRANT this Motion in Limine; ORDER that [Opposing Party], its counsel, and its witnesses refrain from offering, mentioning, or alluding to the excluded matters in the presence or hearing of the jury, whether during voir dire, opening statement, examination of witnesses, or closing argument, without first approaching the bench and obtaining leave of Court outside the jury's presence; DIRECT counsel to instruct and admonish their witnesses accordingly; and GRANT such other and further relief as the Court deems just and proper.

5. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a copy of the foregoing Motion in Limine and all accompanying papers was served upon the following counsel of record by [the court's electronic-filing system to a registered user / hand delivery / first-class mail to the last known address] under Ala. R. Civ. P. 5:

[Opposing Counsel Name]
[Firm Name]
[Address]
[City, State ZIP]
[Email]

______________________________
[Attorney Name]
[ASB-________________]

EXHIBIT A — PROPOSED ORDER

IN THE CIRCUIT COURT OF [________________] COUNTY, ALABAMA

Case No.: [________________]

ORDER ON MOTION IN LIMINE

Upon consideration of the Movant's Motion in Limine, any response thereto, and the arguments of counsel, the Court finds the Motion is due to be GRANTED as set forth below. It is therefore ORDERED:

1. The following evidence, testimony, argument, and reference is EXCLUDED: [________________________________].
2. [Opposing Party], its counsel, and its witnesses shall not offer, mention, refer to, or attempt to convey to the jury — directly or indirectly — any of the excluded matters during voir dire, opening statement, the examination of witnesses, or closing argument, without first obtaining leave of Court outside the presence and hearing of the jury.
3. Counsel for [Opposing Party] shall instruct and admonish each of its witnesses to comply with this Order.

Ruling on each numbered ground:

☐ GROUND 1 — GRANTED ☐ / DENIED ☐ / RESERVED for trial ☐
☐ GROUND 2 — GRANTED ☐ / DENIED ☐ / RESERVED for trial ☐
☐ GROUND 3 — GRANTED ☐ / DENIED ☐ / RESERVED for trial ☐
☐ GROUND 4 — GRANTED ☐ / DENIED ☐ / RESERVED for trial ☐
☐ GROUND 5 — GRANTED ☐ / DENIED ☐ / RESERVED for trial ☐
☐ GROUND 6 — GRANTED ☐ / DENIED ☐ / RESERVED for trial ☐
☐ GROUND 7 — GRANTED ☐ / DENIED ☐ / RESERVED for trial ☐
☐ GROUND 8 — GRANTED ☐ / DENIED ☐ / RESERVED for trial ☐
☐ GROUND 9 — GRANTED ☐ / DENIED ☐ / RESERVED for trial ☐
☐ GROUND 10 — GRANTED ☐ / DENIED ☐ / RESERVED for trial ☐

DONE and ORDERED this ______ day of ________________, 20____.

______________________________
Circuit Judge

SOURCES AND REFERENCES

• Alabama Rules of Evidence, Rules 103, 104, 401–404, 407, 408, 411, 608, 609, 702, and 801–804: https://judicial.alabama.gov/library/rules
• Ala. R. Evid. 403 — Excluding Relevant Evidence for Prejudice, Confusion, or Waste of Time
• Ala. R. Evid. 404 — Character Evidence; Other Crimes, Wrongs, or Acts
• Ala. R. Evid. 702 — Testimony by Experts: https://judicial.alabama.gov/docs/library/rules/ev702.pdf
• Ala. Code § 12-21-160 — Expert Witnesses (scientific-evidence reliability standard): https://alison.legislature.state.al.us/graphql