Through discovery, Mr. Congden's attorney learned that Mr. Ameche suffered a previous back injury on January 12, 2019, arising out of a motorcycle accident completely unrelated to this case. In this 2019 accident, Mr. Ameche was the driver of the motorcycle that collided with a car. The driver of the car was not injured. According to the police report and the insurance companies, Mr. Ameche was found to be primarily at fault. We believe that Mr. Congden's attorney will ask questions about this injury accident in order to impeach Mr. Ameche on cross-examination. Moreover, our prior deposition of Mr. Congden has revealed that he is, and was at all relevant times, without liability insurance for his campground. Mr. Congden's attorney intends to present evidence of this potential financial hardship of his client when he directly examines his client at trial. In addition, our prior interrogatory of Mr. Congden has revealed that his attorney intends to introduce evidence at trial that any money damages potentially awarded in favor of the plaintiffs would result in a "non-taxable windfall" for the Ameches. We are challenging the admissibility of all three of these items of evidence. 

Motion in Limine 

Remember that a motion in limine must do the following: (1) describe the evidence that is sought to be excluded with sufficient specificity to enable the trial court to determine it is clearly inadmissible, and (2) show that the evidence is so prejudicial that the moving party should be spared the necessity of having to call attention to it through an objection in front of a jury during trial. Therefore, your motion in limine must be designed to exclude from trial all evidence set forth above under the "New Case Facts." Your motion should also exclude from evidence the fact that the plaintiffs ever filed a motion in limine in the first place, or that the court ever ruled on such a motion. 

Use the form and examples of motions posted in the Litigation Drive on Canvas to guide you. Tailor your motion to exclude any irrelevant or inappropriate portions found in the example. For Part IV of your motion ("Evidence Relied Upon"), after the heading state: "This motion is based on the accompanying declarations of Carl Ameche, Zoe Ameche, and their attorney Christine Olson." You do not need to create any declarations for this assignment (we will assume that they were already prepared to be filed along with your motion). 

For Part V of the motion ("Legal Authority"), after the heading state: "This motion is based on the accompanying memorandum of points and authorities." Do not create a Memorandum of Points and Authorities for this project. This is something you would do in Legal Research and Writing and Advanced Legal Research and Writing. 

Proposed Order Create an accompanying proposed order. Use the form and examples of proposed orders posted in the Litigation Library on Canvas to guide you. 

Learning Outcomes

 

In this assignment, students will work on the following learning outcomes ...

• Discussing the law office setting and procedures, courts and jurisdiction, and the stages of the civil litigation process.
• Explaining the role of paralegals on the litigation team interviewing clients and witnesses, filing court documents, serving papers, assisting in discovery, assisting at trial and other litigation processes.
• Integrating substantive and procedural law in preparing documents and working with the various parties involved in the litigation process.
• Using the relevant federal and state rules of civil procedure and evidence to ensure compliance in preparation of documents, time computation, docketing/calendaring, and other tasks related to the civil litigation process.
• Demonstrating the awareness of the ethical and professional responsibilities of the lawyer and the paralegal in civil litigation

Task and Criteria for Sucess 

 

This assignment is worth a total of 30 points. You do not need to submit a timesheet for this assignment. 

If you have any questions, please message me through Canvas. 

All parts of this assignment must be turned into Canvas by Tuesday, June 6th, 2023, no later than 8:20 p.m. 

Grading Rubric (30 Total Points Possible)

 

Grading Rubric

 

Presentation, including the spacing, was of the level of a law firm. No orphan headings. Grammar and Spelling were at professional levels. No typos. The Motions in Limine was legible, typed in proper font, and placed on white paper using black ink. Bottom and side margins were at least 1" wide. Caption included full name of court (Superior Court of Washington for King County), file number, and subject of the papers (Plaintiff's Motion in Limine). Caption included the names of all parties and their party designations pursuant to CR 10. Caption was professionally and uniformly spaced and formatted, as well as fully enclosed. Page 1 of Motion in Limine began on line 7 (pursuant to CR 10(e)(1)). 25-line numbered pleading paper was used (pursuant to CR 10(e)(6). Footer requirements set forth in CR 10(e)(3) were met.

 

	RELIEF REQUESTED was clear and concise and made specific reference to presenting evidence at trial relating to:  Plaintiff Mr. Ameche's Prior Accident (Mr. Ameche's prior motorcycle accident). Defendant's Lack of Insurance (Mr. Congden's lack of liability insurance on the date of this incident). Taxation of Plaintiff's Prospective Award (Amounting to a so-called "windfall" for Plaintiff's). Filing of the Motions in Limine (Any reference to existence of the Plaintiff's Motion in LImine).
	STATEMENT OF FACTS (Stated that the facts were "adduced during discovery;" setting forth some relevant facts of the case as they related to the motion in limine is also acceptable).
	STATEMENT OF THE ISSUES Mr. Ameche's Prior Accident - The legal issue was stated clearly and concisely, and carefully set forth the matters of evidence on which the court must rule. The issue statement was phrased as a yes/no question or weather statement. Defendant's Lack of Insurance - The legal issue was stated clearly and concisely, and carefully set forth the matters of evidence on which the court must rule. The issue statement was phrased as a yes/no question or weather statement. Taxation of Plaintiffs' award - The legal issue was stated clearly and concisely, and carefully set  forth the matters of evidence on which the court must rule. The issue statement was phrased as a yes/no question or weather statement. Filing of Motion In Limine - The legal issue was stated clearly and concisely, and carefully set  forth the matters of evidence on which the court must rule. The issue statement was phrased as a yes/no question or weather statement.
	EVIDENCE RELIED UPON ("This motion is based on the accompanying declaration of Carl Ameche and Zoe Ameche, and their attorney Christine Olson"). [Reminder: You are not required to create declarations for this assignment].
	LEGAL AUTHORITY ("This motion is based on the accompanying memorandum of points and authorities").
	PROPOSED ORDER (" A proposed order accompanies this motion.")

 

	Presentation, including spacing, was of the level of a law firm. No orphan headings.
	Grammar and spelling were at professional levels no typos.
	General Requirements The Proposed Order in Limine was legible, typed in proper font, and placed on white paper using black ink. Bottom and side margins were at least 1" wide. Caption included full name of court (Superior Court of Washington for King County), file number, and subject of the papers (Order in Limine [Proposed]). Caption included the names of all parties and their party designations pursuant to CR 10. Caption was professionally and uniformly spaced and formatted, as well as fully enclosed. Page 1 of Motion in Limine began on line 7 (pursuant to CR 10(e)(1)). 25-line numbered pleading paper was used (pursuant to CR 10(e)(6). Footer requirements set forth in CR 10(e)(3) were met.

 

 

	"It is so ordered" language was included along with reference to evidence of:  Plaintiff Mr. Ameche's Prior Accident Defendant's lack of insurance Taxation of Plaintiffs' Prospective Award Filing of the Motion in Limine
	Proposed Order in Limine directed the defendant, his counsel, and all witnesses to refrain from directly or indirectly referring to, interrogating, or attempting to convey to the jury any of the facts to the four evidentiary matters.
	The date and Judge's signature line, with the Judge's name, appear at the end of the order.
	The "Presented by" line appeared for the Plaintiff's attorney, with the attorney's name and other information.
	The "Approved for Entry by" line appeared for the defendant's attorney, with the attorney's name and other information.