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Motions in Limine in Massachusetts Personal Injury Cases

Considering the likely and potential evidence the Massachusetts personal injury case and its likely admissibility something that must be done at the very outset of each case. That means considering the known evidence, humans that might be discovered, any admissibility and likely ruling in regards to all of the aforementioned. What I say outset, I mean at the point in which the personal injury lawyer is assessing the case in considering whether to take it to begin with.

This case makes it all the way through the claims process unsuccessfully, and then on through the entire litigation process trial, their likely significant issues an significant injuries which must be considered by the jury. The effective Massachusetts personal injury lawyer will closely review every scrap evidence and possible testimony that may reach the ears and eyes of the jury. By the time trial is close, eye, as the plaintiff's personal injury lawyer, have a sense of the evidence I intend to submit for admission to the jury. Also a sense every evidence the opposing lawyer will likely attempt to bring to the jury's attention. Both I and the opposing lawyer the sense the arguments should be made in regards to any objection to admissibility. Objection may be made on a variety of grounds and there may be argument whether to sustained or overrule said objection. It is true that each lawyer may wait until the other lawyer tries to admit questionable evidence before an objection is asserted. there are two main problems with that approach.

The first problem is that the lawyer intending to present the evidence a reference to in his or her opening statement. Even if an objection is ultimately made and sustained and the evidence is properly excluded, the jury may already have well formed opinions as to how the case will ultimately resolve and what the verdict will ultimately be. When that evidence his later excluded, changing a settled mind of the jury would be more difficult.

Second problem is that, even if there is no reference to the evidence during the opening statement, if the lawyer objecting to the admissibility of the evidence objects when the question is asked by the other lawyer, the issue or some indication of it as then been brought to the attention of the jury in the jury a unavoidably draw inferences as to the ultimate issue in the case.

The best way to avoid these issues his with a motion in limine. A motion in limine brings preliminary issues before the judge for decisions of admissibility prior to the commencement of trial. Essentially, either lawyer, knowing the other lawyer might raise objectionable evidence or object to his or her own intended evidence, my file a motion in limine for the judge to resolve the matter and make a decision on the evidences admissibility prior to trial beginning.

While there is no particular procedure on points in either Massachusetts or federal court, either lawyer can get these issues before the judge by following simple motion practice. Sometimes lawyers will seek to exclude an entire subject and sometimes the solution sought will be narrower in scope. In personal injury cases, there may be a number of instances in which motions in limine would be appropriate. Lawyers use them as a strategic tool to take up the precious time of the opposing lawyer just prior to the commencement trial, them to do serve an important role in resolving issues before the case is properly tried before a jury.

Lawyers, including personal injury lawyers, use motions in limine to determine evidentiary issues. An example a personal injury case might be a motion in limine to exclude evidence regarding plaintiff's injuries sustained to his left-hand in car accident occurring on May 1, 2002. The basis for such devotion would likely be the relevance of that injury to the current case an prejudice having multiple cases may create against the plaintiff. It would also be common in personal injury cases promotions in limine to be raised regarding expert witnesses. Rather than wait for the witness to be on the stand, opposing lawyer a motion in limine to determine the expert status of witness and/or to limit the scope of the expert status two specific area of expertise. Let's say for example, an orthopedic surgeon testified during her deposition as to the likely neurological effects of the injury. The defense's lawyer may file a motion in limine to limit the scope the orthopedic surgeon's testimony two matters of the musculoskeletal system him to specifically exclude any testimony pertaining a neurological or brain injuries.

It is relevant to note the judge may not rule motions in limine prior to the commencement of trial. Alternatively, the judge may simply instruct the lawyers for lawyer to avoid the topic in an opening statement, deferring the decision on the issue until it ultimately raised during the elicitation of testimony. This can naturally the nerve-racking for the trial lawyer the does not know which pieces of evidence will ultimately be admitted in which will be excluded.

It is also important to explain that, in Massachusetts, the motion in limine is not conclusive on the admissibility and the decision on appeal. Let's say, for example, a motion in limine to exclude a piece of evidence was denied. What's next say that when the evidence was raised during trial the lawyer on the losing side of the motion in limine failed to object to its admissibility. In that case, the authority of the appeals court to reverse the ruling is limited to situations in which there would be the substantial miscarriage of justice. That is clearly an elevated threshold and so the lawyer lost the motion in limine to exclude the evidence should have properly acted by objecting to its admissibility is second time, on the record.

Trial practice and evidentiary matters are clearly very procedural them can be complex. There are personal injury lawyers, including those in Massachusetts, you do not tend to take cases through trial. Most cases are resolved prior to the filing a litigation and few make it all the way through trial. But, it is a simple fact of negotiation that your leverage is greater when your alternative his great. The alternative to reaching a negotiated settlement in any personal injury case this by litigating the case and taking it to trial and obtaining a jury verdict. If that is not something your personal injury lawyer does, your claims professional likely realizes that and won't offer full value of the case. Take care in selecting your Massachusetts personal injury lawyer.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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