State Court Motion in Limine - Kansas

PLAINTIFF'S/DEFENDANT'S MOTION IN LIMINE

(State of Kansas — District Court)

TABLE OF CONTENTS

1. Caption
2. Notice of Motion and Hearing
3. Motion in Limine
4. Legal Standard
5. Specific Grounds for Exclusion
6. Request to Instruct Counsel and Admonish Witnesses
7. Conclusion and Prayer for Relief
8. Attorney Signature Block
9. Certificate of Service
10. Exhibit A — Proposed Order

1. CAPTION

IN THE DISTRICT COURT OF [________________] COUNTY, KANSAS
[CIVIL / CHAPTER 60] DIVISION

Case No.: [________________]

Trial Date: [__/__/____]
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 [____] a.m./p.m., or as soon thereafter as counsel may be heard, in Courtroom [____] of the above-entitled Court, [Moving Party] will and hereby does move the Court, in advance of trial, for an order excluding the evidence, testimony, argument, and references described below, and prohibiting any mention of those matters before the jury until their admissibility is determined outside the jury's presence.

This Motion is based on this Notice, the grounds and authorities set forth below, the pleadings and records on file, and any further evidence or argument presented at or before the hearing.

3. MOTION IN LIMINE

COMES NOW [Moving Party], by and through undersigned counsel, and respectfully moves this Court, pursuant to the Kansas Rules of Evidence, K.S.A. 60-401 et seq., and the Court's inherent authority to manage the conduct of trial, for an order in limine:

1. Excluding the categories of evidence, testimony, and argument identified in Section 5 below;
2. Prohibiting counsel, parties, and witnesses from offering, mentioning, referring to, or alluding to those matters in the presence of the jury — including during voir dire, opening statement, examination of witnesses, and closing argument — until the Court has ruled on admissibility outside the jury's presence; and
3. Directing opposing counsel to instruct and admonish each of their witnesses, before the witness testifies, not to volunteer or refer to the excluded matters.

A motion in limine permits the Court to rule on evidentiary questions before trial, avoiding the prejudice that can result when a jury hears inadmissible matter even if the Court later sustains an objection or gives a limiting instruction. The grounds below are stated separately so the Court may grant the Motion in whole or in part.

4. LEGAL STANDARD

Relevance — K.S.A. 60-401(b), 60-407. Relevant evidence means evidence having any tendency in reason to prove any material fact. As a general rule, all relevant evidence is admissible, and evidence that is not relevant is not admissible. K.S.A. 60-407.

Discretion to Exclude / Undue Prejudice — K.S.A. 60-445. The judge may, in the judge's discretion, exclude evidence if the judge finds that its probative value is substantially outweighed by the risk that its admission will unfairly and harmfully surprise a party, or create substantial danger of undue prejudice, confusing the issues, or misleading the jury. K.S.A. 60-445.

Character and Other Crimes or Civil Wrongs — K.S.A. 60-447, 60-448. Evidence of a trait of character is generally inadmissible to prove conduct on a specified occasion, subject to the limited exceptions in the Code. Evidence that a person committed a crime or civil wrong on one occasion is inadmissible to prove a disposition to commit such acts; it may be admissible only when relevant to prove some other material fact such as motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. K.S.A. 60-455.

Subsequent Remedial Conduct, Compromise, and Insurance — K.S.A. 60-451, 60-452, 60-454. Evidence of subsequent remedial measures is inadmissible to prove negligence or culpable conduct; evidence of offers or completed compromise of a disputed claim is inadmissible to prove liability; and evidence that a person was or was not insured against liability is inadmissible on the issue of negligence or wrongful conduct.

Hearsay — K.S.A. 60-460. Evidence of a statement made other than by a witness while testifying at the hearing, offered to prove the truth of the matter stated, is hearsay and is inadmissible unless an exception applies.

Expert Opinion Testimony — K.S.A. 60-456(b). If scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue, a witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify thereto in the form of an opinion or otherwise if: (1) the testimony is based on sufficient facts or data; (2) the testimony is the product of reliable principles and methods; and (3) the witness has reliably applied the principles and methods to the facts of the case. K.S.A. 60-456(b).

Expert-Reliability Standard in Kansas — Daubert. Kansas has adopted the Daubert standard by statute. Effective July 1, 2014, K.S.A. 60-456(b) was amended to track Federal Rule of Evidence 702 and codify the Daubert reliability and gatekeeping framework. The trial court acts as gatekeeper and must ensure that expert opinion testimony rests on sufficient facts or data, is the product of reliable principles and methods, and reflects a reliable application of those principles and methods to the facts of the case. See In re Care & Treatment of Cone, 309 Kan. 321 (2019); Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993).

5. SPECIFIC GROUNDS FOR EXCLUSION

Moving Party requests that the Court exclude the following evidence, testimony, argument, and references:

Ground 1 — Irrelevant Evidence (K.S.A. 60-401(b), 60-407)

☐ Any evidence, testimony, or argument concerning [________________________________], which has no tendency in reason to prove any material fact and is therefore irrelevant and inadmissible.

Ground 2 — Unfairly Prejudicial Evidence (K.S.A. 60-445)

☐ Any evidence, testimony, or argument concerning [________________________________], the probative value of which is substantially outweighed by the risk of undue prejudice, unfair surprise, confusion of the issues, or misleading the jury.

Ground 3 — Character Evidence and Other Crimes or Civil Wrongs (K.S.A. 60-447, 60-455)

☐ Any evidence of [the opposing party's / a witness's] character trait, or of any other crime or civil wrong — including [________________________________] — offered to prove a disposition to act, or action in conformity with character. Such evidence is admissible, if at all, only when relevant to prove a permitted material fact under K.S.A. 60-455, and only after a hearing outside the jury's presence.

Ground 4 — Impeachment by Prior Convictions / Specific Conduct (K.S.A. 60-421, 60-422)

☐ Any reference to [________________________________] (prior conviction, arrest, charge, or specific instance of conduct) offered to attack the credibility of [witness/party], where the conviction or conduct is inadmissible or more prejudicial than probative under the limitations of K.S.A. 60-421 and 60-422.

Ground 5 — Hearsay (K.S.A. 60-460)

☐ Any out-of-court statement offered for the truth of the matter stated — including [________________________________] — for which no exception under K.S.A. 60-460 applies.

Ground 6 — Subsequent Remedial Conduct (K.S.A. 60-451)

☐ Any evidence that, after the occurrence at issue, [a party] took remedial or precautionary measures, made repairs, or made changes — including [________________________________] — offered to prove negligence or culpable conduct.

Ground 7 — Settlement, Compromise, and Negotiations (K.S.A. 60-452)

☐ Any evidence of offers, acceptance, or statements made in compromise or settlement of the disputed claim — including [________________________________] — offered to prove the validity or invalidity of the claim or liability.

Ground 8 — Liability Insurance (K.S.A. 60-454)

☐ Any evidence or reference to whether [a party] was or was not insured against liability — including [________________________________] — offered on the issue of negligence or wrongful conduct.

Ground 9 — Unreliable or Unqualified Expert Testimony (K.S.A. 60-456(b) — Daubert)

☐ Any opinion testimony of [expert name / category], including [________________________________], that fails the Daubert reliability standard codified in K.S.A. 60-456(b) because [the witness is not qualified / the opinion is not based on sufficient facts or data / the methodology is not reliable / the principles and methods were not reliably applied to the facts / the opinion will not assist the trier of fact]. Moving Party requests a Daubert gatekeeping hearing outside the jury's presence.

Ground 10 — "Golden Rule" Argument and Appeals to Sympathy or Passion

☐ Any argument or suggestion inviting jurors to place themselves in the position of [a party] ("golden rule" argument), or any appeal to sympathy, passion, prejudice, bias, or community concerns unrelated to the evidence — including [________________________________].

Ground 11 — Other

☐ Any evidence, testimony, argument, or reference concerning [________________________________], inadmissible under [K.S.A. ____ / other authority], for the reasons that [________________________________].

6. REQUEST TO INSTRUCT COUNSEL AND ADMONISH WITNESSES

Moving Party respectfully requests that the Court order that opposing counsel, the parties, and all witnesses:

1. Refrain from offering, mentioning, referring to, or alluding to any of the excluded matters in the presence of the jury — including during voir dire, opening statement, examination of witnesses, objections, and closing argument;
2. Refrain from offering the excluded evidence without first approaching the bench and obtaining a ruling from the Court outside the jury's presence; and
3. Instruct and admonish each of their witnesses, before the witness takes the stand, not to volunteer, mention, or refer to any of the excluded matters.

A violation of an order in limine may be addressed by curative instruction, mistrial, or other appropriate sanction.

7. CONCLUSION AND PRAYER FOR RELIEF

WHEREFORE, [Moving Party] respectfully requests that the Court:

1. GRANT this Motion in Limine [in whole / as to Grounds [________________]];
2. EXCLUDE the evidence, testimony, argument, and references identified above;
3. ORDER counsel, parties, and witnesses to refrain from referencing the excluded matters before the jury and to seek a ruling outside the jury's presence before offering them;
4. DIRECT opposing counsel to admonish their witnesses accordingly; and
5. GRANT such other and further relief as the Court deems just and proper.

8. ATTORNEY SIGNATURE BLOCK

Respectfully submitted this ______ day of ________________, 20____.

[LAW FIRM NAME]

By: ______________________________
[Attorney Name] (Kansas Sup. Ct. Reg. No. [________________])
[Address]
[City, State ZIP]
[Telephone] | [Email]
Attorney for [Moving Party] [________________]

9. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Motion in Limine and Proposed Order was served on all counsel of record by:

☐ Kansas eFiling system
☐ U.S. Mail, first class, postage prepaid
☐ Email to [________________________________]
☐ Hand delivery

Served upon:
[________________________________] (Name)
[________________________________] (Firm)
[________________________________] (Address)
[________________________________] (Email)

______________________________
[Attorney Name] (Kansas Sup. Ct. Reg. No. [________________])

EXHIBIT A — PROPOSED ORDER

IN THE DISTRICT COURT OF [________________] COUNTY, KANSAS

Case No.: [________________]

ORDER ON MOTION IN LIMINE

This matter came before the Court on [Moving Party]'s Motion in Limine. The Court, having reviewed the Motion, any response, and the record, ORDERS:

1. The Motion in Limine is GRANTED [in whole / in part] as follows:

☐ Ground 1 (Irrelevant Evidence) — GRANTED / DENIED / RESERVED
☐ Ground 2 (Undue Prejudice) — GRANTED / DENIED / RESERVED
☐ Ground 3 (Character / Other Crimes) — GRANTED / DENIED / RESERVED
☐ Ground 4 (Impeachment) — GRANTED / DENIED / RESERVED
☐ Ground 5 (Hearsay) — GRANTED / DENIED / RESERVED
☐ Ground 6 (Subsequent Remedial Conduct) — GRANTED / DENIED / RESERVED
☐ Ground 7 (Settlement / Compromise) — GRANTED / DENIED / RESERVED
☐ Ground 8 (Liability Insurance) — GRANTED / DENIED / RESERVED
☐ Ground 9 (Expert Testimony — Daubert) — GRANTED / DENIED / RESERVED
☐ Ground 10 (Golden Rule / Sympathy) — GRANTED / DENIED / RESERVED
☐ Ground 11 (Other) — GRANTED / DENIED / RESERVED

2. Counsel, the parties, and all witnesses shall not offer, mention, refer to, or allude to the excluded matters in the presence of the jury, and shall approach the bench for a ruling outside the jury's presence before offering any such matter.

3. Counsel shall instruct and admonish their witnesses in accordance with this Order.

IT IS SO ORDERED.

Dated: [__/__/____]

______________________________
District Judge

Sources and References

• K.S.A. 60-401 et seq. (Kansas Rules of Evidence) — Kansas Office of Revisor of Statutes, Chapter 60, Article 4: https://www.ksrevisor.org/statutes/chapters/ch60/060_004_0001.html
• K.S.A. 60-445 (Discretion of Judge to Exclude Evidence) — Kansas Office of Revisor of Statutes.
• K.S.A. 60-455 (Other Crimes or Civil Wrongs) — Kansas Office of Revisor of Statutes.
• K.S.A. 60-456 (Testimony in Form of Opinion or Inferences; Daubert, L. 2014, ch. 84, §2): https://www.ksrevisor.org/statutes/chapters/ch60/060_004_0056.html
• In re Care & Treatment of Cone, 309 Kan. 321 (2019) (Daubert standard codified in K.S.A. 60-456(b)).
• Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993).
• Kansas Judicial Branch: https://www.kscourts.org/