State Court Motion in Limine - North Carolina

[MOVING PARTY]'S MOTION IN LIMINE

(State of North Carolina — General Court of Justice, [Superior / District] Court Division)

TABLE OF CONTENTS

1. Caption
2. Notice of Motion and Hearing
3. Motion in Limine
4. Legal Standard
5. Argument — Grounds for Exclusion
6. Relief Requested (Instruction to Counsel and Witnesses)
7. Conclusion
8. Certificate of Service
9. Exhibit A — Proposed Form of Order

1. CAPTION

STATE OF NORTH CAROLINA
[________________] COUNTY
IN THE GENERAL COURT OF JUSTICE
[SUPERIOR / DISTRICT] COURT DIVISION

Case No. [________________]

Hearing Date: [________________]
Hearing Time: [________________]
Courtroom: [________________]
Judge: Hon. [________________]
Trial Date: [________________]

2. NOTICE OF MOTION AND HEARING

TO: ALL PARTIES AND THEIR ATTORNEYS OF RECORD

PLEASE TAKE NOTICE that on [Hearing Date] at [Hearing Time], or as soon thereafter as the matter may be heard, in [Courtroom] of the above-entitled court, located at [Courthouse Address, City, North Carolina], before the Honorable [Judge Name], [Moving Party] will, and hereby does, move this Court for an Order in limine pursuant to the North Carolina Rules of Evidence (N.C. Gen. Stat. § 8C-1) precluding the evidence, testimony, and argument described below.

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

DATED: [__/__/____]

Respectfully submitted,

[FIRM NAME]

By: ______________________________
[ATTORNEY NAME]
[NC STATE BAR NO. ________________]
[FIRM ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE] | [EMAIL]
Attorneys for [Moving Party]

3. MOTION IN LIMINE

[Moving Party], by and through undersigned counsel, respectfully moves this Court, in advance of trial, for an Order precluding [opposing party], its counsel, and its witnesses from offering, eliciting, mentioning, or referring to — whether through testimony, exhibits, demonstratives, questions, opening statement, or closing argument — the following categories of evidence and argument:

☐ [Brief description of evidence category 1]
☐ [Brief description of evidence category 2]
☐ [Brief description of evidence category 3]

4. LEGAL STANDARD

Relevance (Rule 401 / 402). Relevant evidence is "evidence having 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." N.C. Gen. Stat. § 8C-1, Rule 401. Evidence that is not relevant is inadmissible. Rule 402.

Unfair Prejudice (Rule 403). Although 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." Rule 403. This balancing is the analytical core of most motions in limine.

Character and Other Acts (Rule 404, 608, 609). Evidence of a person's character or trait is generally inadmissible to prove conduct in conformity therewith. Rule 404(a). Evidence of other crimes, wrongs, or acts is inadmissible to prove propensity but may be admissible for a non-propensity purpose such as motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake. Rule 404(b). Impeachment by truthfulness or by prior conviction is governed by Rules 608 and 609.

Hearsay (Rule 801–803). Out-of-court statements offered for their truth are inadmissible unless an exclusion or exception applies.

Subsequent Remedial Measures (Rule 407). Evidence of measures taken after an event that would have made it less likely is not admissible to prove negligence or culpable conduct.

Compromise and Insurance (Rule 408, 411). Settlement offers and negotiations are inadmissible to prove liability or the amount of a claim (Rule 408), and evidence of liability insurance is inadmissible to prove negligence or wrongful conduct (Rule 411).

Expert Testimony — Reliability (Rule 702; Daubert). A qualified expert may testify only if (1) the testimony is based on sufficient facts or data, (2) it is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case. N.C. Gen. Stat. § 8C-1, Rule 702(a). The 2011 amendment to Rule 702(a) adopted the federal Daubert standard, and the North Carolina Supreme Court confirmed that "North Carolina is now a Daubert state." State v. McGrady, 368 N.C. 880 (2016). The trial court serves as a gatekeeper, assessing relevance, qualification, and reliability.

NORTH CAROLINA EXPERT STANDARD FLAG: North Carolina adopted Daubert by statute in the 2011 amendment to Rule 702(a), confirmed in State v. McGrady, 368 N.C. 880 (2016). The three-part reliability test (sufficient facts/data; reliable principles and methods; reliable application) controls. North Carolina is not a Frye state. Verify current Rule 702 text and case law before filing.

Golden Rule / Appeals to Sympathy. Argument inviting jurors to put themselves in a party's position or to decide on sympathy, passion, or prejudice rather than the evidence is improper and should be precluded.

5. ARGUMENT — GROUNDS FOR EXCLUSION

Ground 1 — Irrelevant and Unfairly Prejudicial Evidence (Rule 401–403)

[Moving Party] moves to exclude [describe evidence] because it has no tendency to make any fact of consequence more or less probable and, even if marginally relevant, its probative value is substantially outweighed by the danger of unfair prejudice, confusion, and waste of time.

Ground 2 — Character Evidence and Prior Bad Acts (Rule 404, 608, 609)

The Court should exclude [describe character/other-acts evidence] offered to show that [party/witness] acted in conformity with a character trait. Any impeachment by prior conviction must satisfy Rule 609.

Ground 3 — Inadmissible Hearsay (Rule 801–803)

[Describe statement/document] is an out-of-court statement offered for its truth and falls within no exception; it should be excluded.

Ground 4 — Subsequent Remedial Measures (Rule 407)

Evidence that [party] [repaired / modified / warned / changed policy] after the events at issue is inadmissible to prove negligence or culpable conduct.

Ground 5 — Settlement Communications and Liability Insurance (Rule 408, 411)

Any reference to settlement offers, negotiations, or the existence or absence of liability insurance must be excluded.

Ground 6 — Unreliable Expert Testimony (Rule 702; McGrady)

[Opposing expert]'s opinion that [describe opinion] should be excluded because it fails the three-part reliability test of Rule 702(a) and Daubert/McGrady. The opinion [is not based on sufficient facts or data / does not rest on reliable principles and methods / was not reliably applied to the facts of this case].

Ground 7 — Golden-Rule and Sympathy Argument

The Court should preclude any "golden rule" argument or appeal to jury sympathy, passion, or prejudice.

Ground 8 — [Additional Ground]

[Describe additional evidence and the rule(s) requiring its exclusion.]

6. RELIEF REQUESTED (INSTRUCTION TO COUNSEL AND WITNESSES)

[Moving Party] respectfully requests that the Court enter an Order:

1. Excluding the categories of evidence, testimony, and argument identified above;
2. Instructing all counsel to refrain from mentioning, referring to, or attempting to elicit the excluded matters in the presence of the jury — including during jury selection, opening statement, examination of witnesses, and closing argument;
3. Directing counsel to admonish their witnesses, before they testify, not to volunteer or refer to any excluded matter;
4. Requiring that, before any party offers, mentions, or seeks to introduce any excluded matter, counsel first approach the bench and obtain a ruling outside the presence of the jury; and
5. Granting such other and further relief as the Court deems just and proper.

7. CONCLUSION

WHEREFORE, [Moving Party] respectfully requests that the Court grant this Motion in Limine in its entirety.

DATED: [__/__/____]

Respectfully submitted,

[FIRM NAME]

By: ______________________________
[ATTORNEY NAME]
[NC STATE BAR NO. ________________]
Attorneys for [Moving Party]

8. CERTIFICATE OF SERVICE

I hereby certify that on this the ______ day of ________________, 20____, I served a copy of the foregoing Motion in Limine and proposed Order on all counsel of record by:

☐ NC eFiling (File & Serve) ☐ Email ☐ U.S. Mail ☐ Hand Delivery

to:

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

______________________________
[ATTORNEY NAME]
[NC State Bar No. ________________]
Attorneys for [Moving Party]

9. EXHIBIT A — PROPOSED FORM OF ORDER

STATE OF NORTH CAROLINA
[________________] COUNTY
IN THE GENERAL COURT OF JUSTICE
[SUPERIOR / DISTRICT] COURT DIVISION

Case No. [________________]

ORDER GRANTING MOTION IN LIMINE

THIS MATTER, coming before the Court on [Moving Party]'s Motion in Limine, and the Court having considered the Motion, any response, and the arguments of counsel, it is hereby ORDERED, ADJUDGED, and DECREED that:

1. The Motion in Limine is GRANTED.
2. [Opposing party], its counsel, and its witnesses are precluded from offering, eliciting, mentioning, or referring at trial to the following: [list excluded matters].
3. Counsel shall admonish their witnesses to comply with this Order, and no party shall offer or reference any excluded matter without first obtaining a ruling at the bench outside the presence of the jury.

SO ORDERED, this ______ day of ________________, 20____.

______________________________
Judge Presiding

Sources and References

• North Carolina Rules of Evidence (N.C. Gen. Stat. § 8C-1), N.C. General Assembly: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_8C.html
• Rule 401–403, 404, 407, 408, 411, 608, 609, 702: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_8c/GS_8c-702.html
• State v. McGrady, 368 N.C. 880, 787 S.E.2d 1 (2016): https://law.justia.com/cases/north-carolina/supreme-court/2016/
• Howerton v. Arai Helmet, Ltd., 358 N.C. 440 (2004) (pre-amendment standard, superseded as to Daubert)
• N.C. Rules of Civil Procedure (N.C. Gen. Stat. § 1A-1, Rule 7): https://www.ncleg.gov/