THE PRE-TRIAL STAGE OF A LAWSUIT
Motions in limine may be filed by a party to exclude evidence from trial. A motion in limine can seek to limit or exclude expert testimony, lay witness testimony, prejudicial evidence, irrelevant testimony, or testimony not grounded in personal knowledge. The applicable rules in both state court and federal court allow for the consolidation or separation of trials. With respect to consolidation, when actions involve a common question of law or fact, the court may order a joint hearing or trial of any or all the matters at issue. With regard to separation, the court may order a separate trial of any claim, cross claim, counterclaim, or third party claim, or of any separate issue in furtherance of convenience or to avoid prejudice.
Witness lists identify people a party expects to call at trial. Exhibit lists identify documents a party seeks to use at trial. A joint statement of evidence combines the witness lists and exhibit lists for all the parties. Jury instructions outline legal issues important to the dispute and pose the specific factual and damage questions the jury must decide to resolve the dispute. Finally, a trial brief states the facts, evidence, and legal arguments that a party plans to present at trial and typically includes citations to legal authority to support the party’s position. The trial brief should identify the primary disagreements with the other party’s position and tells the judge what the party wants the court to decide.
Witness lists identify people a party expects to call at trial. Exhibit lists identify documents a party seeks to use at trial. A joint statement of evidence combines the witness lists and exhibit lists for all the parties. Jury instructions outline legal issues important to the dispute and pose the specific factual and damage questions the jury must decide to resolve the dispute. Finally, a trial brief states the facts, evidence, and legal arguments that a party plans to present at trial and typically includes citations to legal authority to support the party’s position. The trial brief should identify the primary disagreements with the other party’s position and tells the judge what the party wants the court to decide.