State Court Motion in Limine - Kentucky

PLAINTIFF'S/DEFENDANT'S MOTION IN LIMINE

(Commonwealth of Kentucky — Circuit 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

COMMONWEALTH OF KENTUCKY
[________________] CIRCUIT COURT
[________________] JUDICIAL CIRCUIT — [________________] DIVISION
CIVIL ACTION 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, [Moving Party] will and hereby does move the [________________] Circuit 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 record, and any further evidence or argument presented at or before the hearing.

3. MOTION IN LIMINE

COMES the [Plaintiff/Defendant], [Moving Party], by counsel, and respectfully moves this Court, pursuant to the Kentucky Rules of Evidence 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 an admonition. The grounds below are stated separately so the Court may grant the Motion in whole or in part.

4. LEGAL STANDARD

Relevance — KRE 401, 402. Evidence is relevant if it has any tendency to make the existence of a fact of consequence more or less probable than it would be without the evidence. KRE 401. Relevant evidence is generally admissible, and irrelevant evidence is not admissible. KRE 402.

Prejudice, Confusion, Waste of Time — KRE 403. Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of undue prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay or needless presentation of cumulative evidence. KRE 403.

Character and Other Crimes — KRE 404. Evidence of a person's character or a trait of character generally is not admissible to prove action in conformity on a particular occasion, subject to KRE 404(a)'s listed exceptions. Evidence of other crimes, wrongs, or acts is not admissible to prove character in order to show conformity; it may be admissible for another purpose, such as motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. KRE 404(c)'s reasonable-pretrial-notice requirement applies when the prosecution offers KRE 404(b) evidence in its criminal case in chief; it is not a universal notice condition for every civil or criminal use.

Hearsay — KRE 801, 801A, and 802–806. Hearsay is a statement other than one made by the declarant while testifying at the trial or hearing, offered to prove the truth of the matter asserted. It is inadmissible unless a Kentucky rule or Supreme Court rule provides otherwise. KRE 801A identifies specified prior statements and admissions not excluded by the hearsay rule; KRE 803 and 804 supply exceptions.

Subsequent Remedial Measures, Compromise, and Insurance — KRE 407, 408, 411. Evidence of subsequent remedial measures is not admissible to prove negligence or culpable conduct; evidence of compromise and offers to compromise is not admissible to prove liability for or invalidity of a disputed claim; and evidence that a person was or was not insured against liability is not admissible on the issue of negligence or wrongful conduct.

Expert Testimony — KRE 702. If scientific, technical, or other specialized knowledge will assist the trier of fact, a witness qualified as an expert may testify in the form of an opinion if the testimony is based on sufficient facts or data, is the product of reliable principles and methods, and the witness has applied the principles and methods reliably to the facts of the case. KRE 702.

Expert-Reliability Standard in Kentucky — Daubert. Kentucky applies the Daubert reliability framework, and the trial court performs a gatekeeping role under KRE 702. The current Kentucky rule requires helpful specialized knowledge, a qualified witness, sufficient facts or data, reliable principles and methods, and reliable application to the case facts. See Goodyear Tire & Rubber Co. v. Thompson, 11 S.W.3d 575 (Ky. 2000); 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 (KRE 401, 402)

☐ Any evidence, testimony, or argument concerning [________________________________], which has no tendency to make any fact of consequence more or less probable and is therefore irrelevant and inadmissible.

Ground 2 — Unfairly Prejudicial Evidence (KRE 403)

☐ Any evidence, testimony, or argument concerning [________________________________], the probative value of which is substantially outweighed by the danger of undue prejudice, confusion of the issues, misleading the jury, undue delay, or needless presentation of cumulative evidence.

Ground 3 — Character Evidence and Prior Bad Acts (KRE 404, 405)

☐ Any evidence of [the opposing party's / a witness's] character or trait of character, or of other crimes, wrongs, or acts — including [________________________________] — offered to show action in conformity therewith. Address any KRE 404(a) exception, any KRE 404(b) non-propensity purpose, the methods of proof permitted by KRE 405, and—when applicable—the prosecution's KRE 404(c) notice.

Ground 4 — Impeachment by Prior Convictions / Specific Conduct (KRE 608, 609)

☐ 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 KRE 608 and 609.

Ground 5 — Hearsay (KRE 802)

☐ Any out-of-court statement offered for the truth of the matter asserted — including [________________________________] — that is hearsay under KRE 801(c) and is not otherwise admissible under KRE 801A, 803, 804, or another Kentucky rule.

Ground 6 — Subsequent Remedial Measures (KRE 407)

☐ Any evidence that, after the occurrence at issue, [a party] made repairs, changes, or other measures that would have made the harm less likely — including [________________________________] — offered to prove negligence or culpable conduct.

Ground 7 — Settlement, Compromise, and Negotiations (KRE 408)

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

Ground 8 — Liability Insurance (KRE 411)

☐ 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 (KRE 702 — Daubert)

☐ Any opinion testimony of [expert name / category], including [________________________________], that fails the Daubert reliability standard under KRE 702 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 [KRE ____ / 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 admonition, 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] (KBA No. [________________])
[Address]
[City, State ZIP]
[Telephone] | [Email]
Counsel for [Moving Party] [________________]

9. CERTIFICATE OF SERVICE

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

☐ Kentucky Court of Justice eFiling system
☐ U.S. Mail, first class, postage prepaid
☐ Email to [________________________________]
☐ Hand delivery

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

______________________________
[Attorney Name] (KBA No. [________________])

EXHIBIT A — PROPOSED ORDER

COMMONWEALTH OF KENTUCKY
[________________] CIRCUIT COURT
[________________] JUDICIAL CIRCUIT — [________________] DIVISION
CIVIL ACTION NO. [________________]

ORDER ON MOTION IN LIMINE

This matter having come before the Court on [Moving Party]'s Motion in Limine, the Court being sufficiently advised, IT IS HEREBY ORDERED:

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

☐ Ground 1 (Irrelevant Evidence) — GRANTED / DENIED / RESERVED
☐ Ground 2 (Unfair Prejudice) — GRANTED / DENIED / RESERVED
☐ Ground 3 (Character / Prior Bad Acts) — GRANTED / DENIED / RESERVED
☐ Ground 4 (Impeachment) — GRANTED / DENIED / RESERVED
☐ Ground 5 (Hearsay) — GRANTED / DENIED / RESERVED
☐ Ground 6 (Subsequent Remedial Measures) — 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.

Dated: [__/__/____]

______________________________
Judge, [________________] Circuit Court

Sources and References

• Ky. R. Evid. (KRE) Article IV (Relevancy and Related Subjects) and Article VII (Opinions and Expert Testimony) — Kentucky Legislative Research Commission: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39436
• KRE 403 (Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time).
• KRE 404 (Character Evidence and Evidence of Other Crimes).
• KRE 702 (Testimony by Experts).
• Goodyear Tire & Rubber Co. v. Thompson, 11 S.W.3d 575 (Ky. 2000) (trial court's gatekeeping role under Daubert).
• Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993).