State Court Motion in Limine - Tennessee

MOTION IN LIMINE

(Tennessee State Court — Motion in Limine to Exclude Evidence)

TABLE OF CONTENTS

1. Caption
2. Notice of Motion and Motion

3. Memorandum of Law
   3.1 Introduction
   3.2 The Evidence Sought to Be Excluded
   3.3 Legal Standard
   3.4 Argument — Numbered Grounds
   3.5 Conclusion

4. Proposed Order

5. Certificate of Service

1. CAPTION

IN THE [☐ CIRCUIT / ☐ CHANCERY] COURT FOR [____________________________] COUNTY, TENNESSEE

Case No.: [________________]
Division: [____]
Assigned Judge: Hon. [________________]

[MOVANT]'S MOTION IN LIMINE NO. [____] TO EXCLUDE [________________]

Trial Date: [__/__/____]
Motion Hearing Date: [__/__/____] at [________________] a.m./p.m.

2. NOTICE OF MOTION AND MOTION

TO: [________________________________], Attorney for [Plaintiff / Defendant], and all parties of record.

PLEASE TAKE NOTICE that on [__/__/____] at [________________] a.m./p.m., or as soon thereafter as the matter may be heard, [Plaintiff / Defendant] [________________] ("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 — the evidence and matters described below, and from suggesting to the jury that such matters exist, without first obtaining a ruling from the Court outside the presence and hearing of the jury.

This Motion is made pursuant to the Court's inherent authority to control the proceedings and Tennessee Rules of Evidence 401, 402, and 403, and the additional authorities set forth below, on the grounds that the evidence is irrelevant and/or that its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, misleading the jury, undue delay, or needless presentation of cumulative evidence. The Motion is based on this Notice, the accompanying Memorandum of Law, the papers and records on file in this action, and any further evidence or argument presented at or before the hearing.

DATED: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: ______________________________
[ATTORNEY NAME] (BPR No. [________________])
Attorney for [Movant]

3. MEMORANDUM OF LAW

3.1 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 for [__/__/____]. Movant anticipates that, absent an order from this Court, [Opposing Party] will attempt to introduce or elicit evidence and argument that is irrelevant under Tenn. R. Evid. 401 and 402, and/or that is subject to exclusion under Tenn. R. Evid. 403 because its probative value is substantially outweighed by the danger of unfair prejudice, confusion, or misleading the jury — the mere mention of which before the jury would cause harm that no instruction could cure. Movant therefore moves to exclude the matters set forth below.

3.2 The Evidence Sought to Be Excluded

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

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

3.3 Legal Standard

Relevance (Tenn. R. Evid. 401, 402). "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. (Tenn. R. Evid. 401.) Evidence that is not relevant is not admissible. (Tenn. R. Evid. 402.)

Discretion to Exclude — Tenn. R. Evid. 403 (the FRE 403 analog). 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. (Tenn. R. Evid. 403.)

Character and Other Acts (Tenn. R. Evid. 404). Evidence of a person's character or a trait of character is generally not admissible to prove action in conformity with the character trait on a particular occasion. (Tenn. R. Evid. 404(a).) Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person to show action in conformity, though it may be admissible for other purposes — such as motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake — subject to the procedural conditions of Rule 404(b) and to exclusion under Rule 403.

Credibility and Impeachment (Tenn. R. Evid. 608, 609). A witness's character for truthfulness may be addressed under Rule 608. Impeachment by evidence of a conviction of crime is governed by Rule 609, including its requirements concerning the nature of the crime, the time limits, and the balancing of probative value against unfair prejudice.

Hearsay (Tenn. R. Evid. 801, 802). Hearsay is not admissible except as provided by the Tennessee Rules of Evidence or otherwise by law. (Tenn. R. Evid. 802.)

Subsequent Remedial Measures (Tenn. R. Evid. 407). When, after an event, measures are taken which, if taken previously, would have made the event less likely to occur, evidence of the subsequent measures is not admissible to prove negligence or culpable conduct in connection with the event. Such evidence may be admitted for another purpose (e.g., ownership, control, or feasibility, if controverted, or impeachment).

Compromise and Offers to Compromise (Tenn. R. Evid. 408). Evidence of furnishing, offering, or promising to furnish — or accepting, offering, or promising to accept — valuable consideration in compromising or attempting to compromise a claim disputed or reasonably expected to be disputed as to validity or amount, and conduct or statements made in compromise negotiations, is not admissible to prove liability for, invalidity of, or the amount of a civil claim. The rule permits use for another purpose and preserves evidence actually obtained during discovery.

Liability Insurance (Tenn. R. Evid. 411). Evidence that a person was or was not insured against liability is not admissible on the issue of whether the person acted negligently or otherwise wrongfully.

Expressions of Sympathy (Tenn. R. Evid. 409.1). Statements, writings, or benevolent gestures expressing sympathy relating to pain, suffering, or death of a person are, to the extent provided by the rule, inadmissible as evidence of an admission of liability.

Expert Testimony — Tenn. R. Evid. 702/703 and the McDaniel Standard. Tennessee applies its own reliability standard for expert testimony — it is not a Daubert jurisdiction and does not require general acceptance. Under Tenn. R. Evid. 702, a witness qualified as an expert may testify if scientific, technical, or other specialized knowledge will substantially assist the trier of fact. Under Rule 703, the court must disallow expert testimony if the underlying facts or data indicate a lack of trustworthiness. As clarified in McDaniel v. CSX Transportation, Inc., 955 S.W.2d 257 (Tenn. 1997), the trial court must determine whether (1) the testimony will substantially assist the trier of fact; (2) the underlying facts and data do not indicate a lack of trustworthiness; and (3) the reasoning or methodology underlying the testimony is scientifically valid and reliable and can properly be applied to the facts at issue. The court focuses on the principles and methodology, not the conclusions, and is not required to find general acceptance. Relevant non-exclusive factors include whether the technique can be and has been tested, peer review and publication, the potential rate of error, whether the research was conducted independent of the litigation, general acceptance in the relevant community, and the expert's qualifications.

Golden-Rule and Improper Appeals to Sympathy or Passion. Argument inviting jurors to place themselves in the position of a party (the "golden rule"), or appealing to sympathy, passion, or prejudice rather than the evidence, is improper and excludable under Tenn. R. Evid. 403 and Tennessee decisional law governing attorney misconduct in argument.

3.4 Argument — Numbered Grounds

GROUND 1 — Irrelevant Evidence (Tenn. R. Evid. 401, 402).
Movant moves to exclude [describe evidence] because it has no tendency to make any fact of consequence in this action more or less probable. Specifically, [________________________________]. Because the evidence is irrelevant, it is inadmissible under Tenn. R. Evid. 402.

GROUND 2 — Unfair Prejudice, Confusion, and Waste of Time (Tenn. R. Evid. 403).
Movant moves to exclude [describe evidence] because any probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, misleading the jury, undue delay, or needless presentation of cumulative evidence. [________________________________].

GROUND 3 — Character and Other Acts (Tenn. R. Evid. 404; 403).
Movant moves to exclude evidence, reference, or argument concerning [describe prior bad acts / character], which is offered only to prove that the [party/witness] acted in conformity with a character trait and is inadmissible under Tenn. R. Evid. 404, and which, even if offered for a permissible purpose under Rule 404(b), should be excluded under Rule 403.

GROUND 4 — Improper Impeachment (Tenn. R. Evid. 608, 609; 403).
Movant moves to exclude impeachment by [describe prior conviction / other matter] because it does not satisfy the requirements of Tenn. R. Evid. 609 and/or its probative value on credibility is substantially outweighed by the danger of unfair prejudice under Rule 403.

GROUND 5 — Inadmissible Hearsay (Tenn. R. Evid. 801, 802).
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 exception applies.

GROUND 6 — Subsequent Remedial Measures (Tenn. R. Evid. 407).
Movant moves to exclude evidence of [describe post-event repair, change, recall, or policy change] offered to prove negligence or culpable conduct, inadmissible under Tenn. R. Evid. 407.

GROUND 7 — Compromise and Settlement (Tenn. R. Evid. 408).
Movant moves to exclude [identify the compromise offer, conduct, or statement], made during compromise negotiations concerning the disputed or reasonably expected-to-be-disputed claim, to the extent it is offered to prove liability for, invalidity of, or the amount of that civil claim. Tenn. R. Evid. 408 permits use for another purpose and preserves evidence actually obtained during discovery.

GROUND 8 — Liability Insurance (Tenn. R. Evid. 411).
Movant moves to exclude any evidence, reference, or argument that any party was or was not covered by liability insurance, which is inadmissible on the issue of negligence or wrongful conduct.

GROUND 9 — Inadmissible / Unreliable Expert Testimony (Tenn. R. Evid. 702, 703; McDaniel).
Movant moves to exclude the opinion testimony of [Expert Name] because, under Tenn. R. Evid. 702 and 703 and McDaniel v. CSX Transportation, Inc., the testimony will not substantially assist the trier of fact, the underlying facts and data indicate a lack of trustworthiness, and/or the reasoning or methodology is not scientifically valid and reliable or cannot properly be applied to the facts. Specifically, [________________________________]. The Court should exercise its gatekeeping role and exclude this testimony.

GROUND 10 — Golden-Rule Argument and Appeals to Sympathy or Passion (Tenn. R. Evid. 403).
Movant moves to prohibit opposing counsel from making any "golden rule" argument asking jurors to place themselves in the position of a party, and from any argument or evidence appealing to sympathy, passion, or prejudice rather than the evidence.

GROUND 11 — [Additional Ground].
[________________________________]

3.5 Conclusion

For the foregoing reasons, Movant respectfully requests that the 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.

DATED: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: ______________________________
[ATTORNEY NAME] (BPR No. [________________])
[Street Address]
[City, Tennessee ZIP]
Telephone: [________________] | Email: [________________]
Attorney for [Movant]

4. [PROPOSED] ORDER

IN THE [☐ CIRCUIT / ☐ CHANCERY] COURT FOR [____________________________] COUNTY, TENNESSEE

Case No.: [________________]

[PROPOSED] ORDER GRANTING [MOVANT]'S MOTION IN LIMINE NO. [____]

This matter came before the Court on Movant's Motion in Limine. The Court, having considered the Motion, any response, and the arguments of counsel, and good cause appearing, hereby ORDERS:

1. The Motion is GRANTED as set forth below.
2. The following evidence, testimony, argument, and reference is EXCLUDED: [________________________________].
3. [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.
4. 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 ☐
GROUND 11 — GRANTED ☐ / DENIED ☐ / RESERVED for trial ☐

IT IS SO ORDERED.

ENTERED this _____ day of ________________________, 20_____.

______________________________
JUDGE, [____________________________] COUNTY [CIRCUIT / CHANCERY] COURT

5. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing [MOVANT]'S MOTION IN LIMINE NO. [____]; MEMORANDUM OF LAW; [PROPOSED] ORDER was served upon the following via:

☐ Electronic filing/service through the applicable e-filing vendor used by this court, if e-filing has been implemented in this county (e.g., Odyssey eFileTN, eFlex; Tennessee has no single mandatory statewide e-filing system)
☐ U.S. Mail, First Class, postage prepaid
☐ Electronic mail (with consent)
☐ Hand delivery
☐ Facsimile

______________________________
[ATTORNEY NAME], BPR No. [________________]

SOURCES AND REFERENCES

• Tennessee Rules of Evidence (full text): https://www.tncourts.gov/court-rules/219
• Tenn. R. Evid. 401, 402, 403 — Relevance and exclusion for prejudice, confusion, or waste of time
• Tenn. R. Evid. 404 — Character evidence; other crimes, wrongs, or acts
• Tenn. R. Evid. 407 — Subsequent remedial measures: https://www.tncourts.gov/courts/rules-evidence/rules/rules-evidence-rules/rule-407-subsequent-remedial-measures
• Tenn. R. Evid. 408 — Compromise and offers to compromise
• Tenn. R. Evid. 409.1 — Expressions of sympathy or benevolence
• Tenn. R. Evid. 411 — Liability insurance
• Tenn. R. Evid. 608, 609 — Character/conduct of witness; impeachment by conviction
• Tenn. R. Evid. 702, 703 — Testimony by experts; bases of opinion
• McDaniel v. CSX Transportation, Inc., 955 S.W.2d 257 (Tenn. 1997) — Tennessee expert reliability standard (substantial assistance; trustworthy facts/data; valid and reliable methodology; general acceptance not required): https://caselaw.findlaw.com/court/tn-supreme-court/1012825.html