Motions in Limine: Admitting Key Evidence, Educating the Court, Capturing Settlement Leverage

A live 90-minute CLE webinar with interactive Q&A


Tuesday, December 8, 2020

1:00pm-2:30pm EST, 10:00am-11:30am PST

Early Registration Discount Deadline, Friday, November 20, 2020

or call 1-800-926-7926

This CLE webinar will offer counsel new appreciation of the power and versatility of motions in limine to alter the course of litigation. The panel will guide counsel in how to use them proficiently and proactively to not only obtain rulings on critical pieces of evidence but also to educate the court and glimpse the strengths and weaknesses of opposing parties. The panel will also address best practices when responding to "boilerplate" and bespoke motions.

Description

Attorneys typically offer motions in limine to exclude unfavorable evidence, usually on the eve of trial. But motions in limine can also request an affirmative ruling that specific evidence will be admitted, certain objections overruled, and teach trial counsel a lot about the adversary's case.

Early motions in limine can capture the attention of busy judges before trial, increasing the likelihood of a favorable ruling. They can also prohibit improper lines of arguments, and when done correctly, foreclose "reptile" arguments. But omnibus, boilerplate motions may receive scant attention. Counsel must be aware of how the judge's decision granting, denying, or postponing the motion impacts the rest of the trial and preservation of error.

Likewise, when responding to motions in limine, trial counsel must be vigilant to avoid missing dispositive motions disguised as a motion to exclude and know when to acquiesce.

Listen as our panel of experienced litigators guides counsel in best practices and strategies for taking advantage of this often underused and unassuming but powerful tool.

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Outline

  1. Overview of motions in limine
    1. Authority
    2. Standards for determining
    3. Reconsideration
    4. Effect of grant or denial
  2. What constitutes the "offensive" or proactive use of motions in limine
    1. Benefits
    2. Risks
  3. Strategic considerations
    1. Timing of the motions
    2. Best practices in drafting motions
    3. Crafting the scope of relief
  4. Responding to motions in limine

Benefits

The panel will review these and other issues:

  • When should counsel consider the plaintiff's use of motions in limine?
  • When is the best time to submit the motions?
  • How can the movant make the court's ruling easier?
  • What can counsel learn from the opposing parties' case from their responses?

Faculty

McKirgan, Robert
Robert H. McKirgan

Practice Group Leader, Partner
Lewis Roca Rothgerber Christie

Mr. McKirgan practices primarily in the area of business, intellectual property and bankruptcy-related litigation. He...  |  Read More

Petti, Frederick
Frederick Petti

Partner
Petti and Briones

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 |  Read More

Live Webinar

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Early Discount (through 11/20/20)

Live Webinar

$247

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Live Webinar & Download

$344

Live Webinar & DVD

$344 + $24.45 S&H

Other Formats
— Anytime, Anywhere

Early Discount (through 11/20/20)

Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

48 hours after event

$247

Download

48 hours after event

$247

DVD

10 business days after event

$247 + $24.45 S&H