Wednesday, August 23, 2006

Follow the Judge's Ruling on Motion in Limine

Here's a comment on attorneys who allude to evidence that was excluded pursuant to a motion in limine. John Day (of Day on Torts) says: "Lawyers who cheat need to be popped - hard." He expresses frustration about an opposing attorney who rpeatedly violated an order because he knew that Day's side did not want a mistrial.

it is the responsibility of the lawyer to know what the judge has ruled in limine, and if he or she does not understand the ruling to ask for a clarification. It is not appropriate to gamble on what the order means and ask for forgiveness later.
Day on Torts: Sanctions for Misconduct of Counsel, March 30, 2006.

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