Motion in Limine Simulation
Question
Complete the “Motion in Limine” simulation.
Be sure to cite three to five relevant scholarly sources in support of your content.
I have attached template & motion you will be using. Thank you writer! Only 150 WORDS EACH RESPONSE. Please follow all directions on template , thank you.


Solution
JUS-441 Topic 5 Motion in Limine
Simulation
NOTE: This assignment consists of two
parts. Follow the instructions for each part.
Part I: Motion in Limine Documentation
Instructions:
- Review the “Memorandum to Smith” document.
- Based upon the information found in the “Memorandum
to Smith,” complete the Motion in Limine below. Be sure to complete the
information in every [bracket].
- Be sure to include a legal rationale for grounds for exclusion of the evidence.
Motion in Limine
[Ms. Smith]
[Law Offices of John Jameson
Esq]
[333 West 3rd
Street Phoenix]
[Az 85003]
[John.hameson@azdefense.com]
[(602) 639-6542]
[Family issues]
[Law Offices of John Jameson
Esq]
In the Superior Court of the
State of Arizona
In and for the County of [Name
of County]
[Scottsdale], State of Arizona |
|
NO. [CASE NUMBER]
|
Prosecutor, Mr. Craig Lwaford |
|
|
|
|
|
v. |
|
MOTION
IN LIMINE
|
|
|
|
[Ms. Smith], |
|
Assigned to the Honorable |
Defendant. |
|
[Mr. Craig Lawford]
|
|
|
[OPTIONAL: Oral Argument Requested]
|
|
|
|
Pursuant to Ariz. R. Civ. P. 7.2(b) (2017), [name of
party] herein, by and through undersigned counsel, respectfully requests
the Court enter an Order precluding the introduction of documentary evidence or
testimony concerning [description
of matter] at the trial of this matter on the grounds and for the
reason that [description
of grounds for exclusion ( comp. 1.5)].
This motion is supported by the Memorandum of Points and
Authorities attached hereto and incorporated herein by this reference.
RESPECTFULLY SUBMITTED this [date of submission].
_____________
[Ms, Smith]
[Law Offices of John Jameson
Esq]
[333 West 3rd
Street Phoenix]
Attorney for
[family issues]
[none]
Original efiled with Court on
this
[[not available]
with Clerk of Court.
A copy has been or will be
mailed
emailed
hand-delivered
on [None] to:
[453 Desert View Lane]
[[Scottsdale, AZ 85260]
Part II: Motion in Limine Analysis
Answer the following questions in a 150-200-word response for
each. Be sure to cite at least three scholarly sources supporting your
responses.
1.
What would happen if the
Motion in Limine were denied?
Motion
in Limine is a vital tool used in Court for trial preparation because it always
acts as presentation evidence to judges. In most instances, judges use it to
obtain the standard rules before a trial starts. Also, when strategically used
by Court, it can help exclude unqualified witnesses in a case. This indicates
that motion in limine is purposely meant to determine whether certain evidence
represented should be presented to the jury at any stage and form (Gold,
2021). Effective use of the tool can help the judge attain partial summary
disposition. Thus, before any trial begins in Court, there is a need for
careful attention to be paid so that you can note that the testimonies are both
inadmissible and admissible as a jury. Given that two parties are always
involved in the court matter, the one opposing should be first to offer
objectionable evidence without taking away the quality of evidentiary objection
on appeal. From the analysis of motion in limine, it is clear that it has
effective use in Court; thus, it is important to acknowledge it. It is also
clear that for Motion in Limine to approve, it needs to be signed by different
people such as law firms involved in the case, the judge, both complaint and
defendant, and finally, attorneys of both sides of the case. From the analysis
of Motion in Limine, it can indeed affect the court proceedings if it is denied.
2.
Why was this case filed in
the jurisdiction that it was, as opposed to a different jurisdiction such as City
Court or Federal Court? (comp. 2.3)
In
Court, jurisdiction is an important factor because it limits the power of the Court
in hearing and processing certain cases. Given the importance of jurisdiction
in a Court, it is clear that if it is not exercised well, it can lead to every Court
hearing the case brought to them, something that might bring confusion and
contradictory judgment. For instance, courts like states usually handle broad
cases; thus, without procedural steps, it can lead to every citizen filing case
in this Court, which might lead to confusion (FindLaws, 2016).
The only cases allowed in state courts include broke contracts, family matters
and robberies. Also, they are federal courts that are mandated to handle
constitution and Congress cases. In most instances, it handles cases involving the
U.S and its constitution. From this view, we can say this case would have been
specifically filled under city court because it relates to family issues.
3.
When may a motion be
amended? Is this a matter of procedural right or procedural discretion?
Explain.
When the general rule takes place, a party may raise by the pretrial
motion of any type to request or defend itself as long as it can determine what
it needs before official trials start. But when it comes to the time when
emotion can be amended, it is significant that court motions can be done
anytime. Doing so can cause Court problems and slow down trials, something that
derails the Court’s decisions to take place. From the discussion material,
there is no information indicating the date on when the motion was made because
the only thing that has been represented is a memo (Legal Information
Institute, 2021). With a memo, it is clear that it is just the start
of a trial of the case; thus, no official trial is going on yet at the moment. Therefore,
it is clear that once the case progresses, the Court will hold further meetings
to clarify the case so that the safety and well-being of each individual
involved in the case or official trial can feel involved.
References
FindLaws.
(2016, June 21). Federal vs. State Courts - key differences. Retrieved March
31, 2022, from https://www.findlaw.com/litigation/legal-system/federal-vs-state-courts-key-differences.html
Gold,
A. (2021, April 01). Obtaining the upper hand with motions in limine. Retrieved
March 31, 2022, from https://millerlawpc.com/obtaining-upper-hand-motions-limine
Legal
Information Institute. (2021). Rule 12. pleadings and pretrial motions.
Retrieved March 31, 2022, from https://www.law.cornell.edu/rules/frcrmp/rule_12



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