Following the Motion to Dismiss hearing, Fine received an Order from the Court denying the defendant’s Motion. Consequently, the case will continue to trial unless a settlement is reached. Fine also learned that the defendant plans to introduce at trial new witness that was not previously identified during the discovery process. Fine wants to file a Motion in Limine to preclude the testimony of the newly identified witness. Fine asks you to take responsibility for the Motion in Limine. Before writing the Motion in Limine for Stormi’s case, you need to conduct legal research to become familiar legal grounds for Motions in Limine. The week 7 facts are above. Below this line are the actual instructions for the assignment, PLEASE READ CAREFULLY. Instructions The Motion in Limine must include supporting Maryland case law that you identified in your research (review Learning Activity, week 7, above.) You do not need to present the information in a pleading and caption format. The Motion must include the following sections: Introduction Analysis Conclusion Format Submit the Motion in Limine to Attorney Fine for review and discussion with the legal team using a cover page for the Motion in the following format: TO: Marty Fine, Esq. FROM: (your name), Paralegal RE: Stormi Waller Case/Motibcqon in Limine DATE: Introduction Analysis Conclusion
This Motion in Limine seeks to preclude the testimony of the newly identified witness in the Stormi Waller case. This witness was not previously identified during the discovery process and allowing their testimony at trial would be unfairly prejudicial to the plaintiff.
Under Maryland Rule of Evidence 402, evidence is not admissible if its probative value is substantially outweighed by the danger of unfair prejudice. In this case, the testimony of the newly identified witness is likely to be unfairly prejudicial to the plaintiff as it was not disclosed during the discovery process and the plaintiff has had no opportunity to adequately prepare to challenge or rebut this testimony.
Additionally, Maryland Rule of Civil Procedure 26(a)(1) requires parties to disclose the identity of any witness they may use at trial. The failure to disclose this witness until now violates this rule and undermines the fundamental principle of fairness in the litigation process.
Furthermore, Maryland Rule of Evidence 615 allows the court to exclude witnesses from the courtroom to prevent undue prejudice or confusion. Given the late disclosure of this witness and the potential for prejudice to the plaintiff, it is appropriate to exclude their testimony through a Motion in Limine.
For the reasons stated above, the plaintiff respectfully requests that the court grant this Motion in Limine and preclude the testimony of the newly identified witness in the Stormi Waller case.
TO: Marty Fine, Esq. FROM: (Your Name), Paralegal RE: Stormi Waller Case/Motion in Limine DATE: (Date)
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