State Court Motion in Limine - Oklahoma

[MOVING PARTY]'S MOTION IN LIMINE AND BRIEF IN SUPPORT

(State of Oklahoma — District Court, [________________] County)

TABLE OF CONTENTS

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

1. CAPTION

IN THE DISTRICT COURT OF [________________] COUNTY
STATE OF OKLAHOMA

Case No. [________________]

[ORAL ARGUMENT REQUESTED]

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, Oklahoma], before the Honorable [Judge Name], [Moving Party] will, and hereby does, move this Court for an Order in limine pursuant to the Oklahoma Evidence Code, 12 O.S. §§ 2401–2403, 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]
[OBA 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. STANDARD OF REVIEW

Relevance (12 O.S. § 2401 / § 2402). "Relevant evidence" means 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." 12 O.S. § 2401. Relevant evidence is generally admissible; irrelevant evidence is not. 12 O.S. § 2402.

Unfair Prejudice (12 O.S. § 2403). Although relevant, evidence "may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, misleading the jury, undue delay, needless presentation of cumulative evidence or unfair and harmful surprise." 12 O.S. § 2403. This balancing is the analytical core of most motions in limine.

Character and Other Acts (12 O.S. § 2404, § 2608, § 2609). Evidence of a person's character or trait is generally inadmissible to prove conduct in conformity therewith. 12 O.S. § 2404(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. 12 O.S. § 2404(B). Impeachment by truthfulness or by prior conviction is governed by 12 O.S. § 2608 and § 2609.

Hearsay (12 O.S. § 2801–§ 2803). Out-of-court statements offered for their truth are inadmissible unless an exclusion or exception applies.

Subsequent Remedial Measures (12 O.S. § 2407). 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 (12 O.S. § 2408, § 2411). Settlement offers and negotiations are inadmissible to prove liability or the amount of a claim (12 O.S. § 2408), and evidence of liability insurance is inadmissible to prove negligence or wrongful conduct (12 O.S. § 2411).

Expert Testimony — Reliability (12 O.S. § 2702; Christian v. Gray). A qualified expert may testify if the specialized knowledge will assist the trier of fact, the testimony is based on sufficient facts or data, it is the product of reliable principles and methods, and the witness has applied those principles and methods reliably to the facts. 12 O.S. § 2702. In Christian v. Gray, 2003 OK 10, 65 P.3d 591, the Oklahoma Supreme Court adopted the Daubert (and Kumho Tire) standard for civil proceedings, holding that § 2702 is "identical in substance" to Federal Rule 702 and that the trial court acts as a gatekeeper assessing reliability and relevance.

OKLAHOMA EXPERT STANDARD FLAG: Oklahoma adopted Daubert for civil cases in Christian v. Gray, 2003 OK 10, applying 12 O.S. § 2702 (the substantive equivalent of Federal Rule 702). The trial court is a gatekeeper assessing reliability (testability, peer review, error rate, general acceptance) and the reliable application of methodology to the facts. Oklahoma is not a Frye state. Verify current § 2702 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 AND AUTHORITY — GROUNDS FOR EXCLUSION

Ground 1 — Irrelevant and Unfairly Prejudicial Evidence (12 O.S. § 2401–§ 2403)

[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 (12 O.S. § 2404, § 2608, § 2609)

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 12 O.S. § 2609.

Ground 3 — Inadmissible Hearsay (12 O.S. § 2801–§ 2803)

[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 (12 O.S. § 2407)

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 (12 O.S. § 2408, § 2411)

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

Ground 6 — Unreliable Expert Testimony (12 O.S. § 2702; Christian v. Gray)

[Opposing expert]'s opinion that [describe opinion] should be excluded because it fails the reliability requirements of 12 O.S. § 2702 and the Daubert standard adopted in Christian v. Gray. 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]. [Moving Party] requests a Daubert hearing.

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 statute(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 voir dire, 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]
[OBA NO. ________________]
Attorneys for [Moving Party]

8. CERTIFICATE OF SERVICE

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

☐ Oklahoma e-filing system ☐ Email ☐ U.S. Mail ☐ Hand Delivery

to:

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

______________________________
[ATTORNEY NAME]
[OBA No. ________________]
Attorneys for [Moving Party]

9. EXHIBIT A — PROPOSED ORDER

IN THE DISTRICT COURT OF [________________] COUNTY
STATE OF OKLAHOMA

Case No. [________________]

ORDER GRANTING 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 arguments of counsel, finds the Motion should be granted.

IT IS THEREFORE ORDERED as follows:

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.

______________________________
Judge of the District Court

Sources and References

• Oklahoma Evidence Code (12 O.S. §§ 2401 et seq.), Oklahoma Statutes: https://www.oscn.net/applications/oscn/index.asp?ftdb=STOKST12
• 12 O.S. § 2401–§ 2403 (Relevance; Exclusion for Prejudice): https://www.oscn.net/
• 12 O.S. § 2404, § 2407, § 2408, § 2411, § 2608, § 2609, § 2702: https://www.oscn.net/
• Christian v. Gray, 2003 OK 10, 65 P.3d 591: https://law.justia.com/cases/oklahoma/supreme-court/2003/434919.html
• Rules for the District Courts of Oklahoma (Okla. Dist. Ct. R. 4): https://www.oscn.net/