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Motions in Limine - Helpful to Keep Collateral Sources From Jury and to Limit Evidence not Timely Produced

Pursuant to the Uniform Pretrial Order, such a motion must be duly noticed and heard prior to trial if it exceeds five minutes.

If you suspect your opponent may attempt to disclose collateral source payments in the presence of the jury, a motion in limine should be filed. The motion should seek a court order barring your opponent from any mention of collateral sources in the presence of the jury.

A motion in limine is also an appropriate remedy available to a party who seeks a sanction for an opponent’s failure to supplement in a prompt manner. The motion in limine will seek a court order preventing or limiting the opponent’s use of information affected by a failure to supplement promptly. For example, the Uniform Pretrial Order imposes deadlines for providing all information discoverable under Rule 4:1(b)(4)(A)(1) pertaining to the opinions of expert witnesses. The sanction for late disclosure of opinions (and facts supporting the opinions) can be argued in a motion in limine, and should include a request for an order excluding the new opinions. Rule 4:12(b)(2)(B) & 4:12(d)(2), and FRCP 37(c)(1). Where a party does not disclose the opinions (and facts supporting the opinions) of its experts in a timely manner, the trial court will exclude the testimony. Kirk Timber & Farming Co. v Union Camp Corp., 2001 WL 920837 (Va. Cir. Ct.) (August 15, 2001.) citing, City of Hopewell v County of Prince George, 240 Va. 306, 314, 397 S.E.2d 793, 797 (1990). Likewise, the failure of a party to supplement an interrogatory or request for production in a prompt manner can also cause prejudice and adversely affect trial preparation. When such occurs, a motion in limine can request an order excluding the information not disclosed promptly. If exclusion of evidence is not an appropriate remedy, such as where there is evidence of nondisclosure or spoliation, the motion can request other relief, such an order establishing liability or an inference favorable to the aggrieved party.

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Jeremy Flachs led our complex, high value case to a successful financial settlement. We were very satisfied with his representation and could not imagine another attorney doing a better job. Multiple parties were involved, including insurance companies and hard to locate witnesses. Jeremy was on top of the details at all times, worked hard to keep costs down and responded immediately to our communications. He was also sensitive to the painful and personal nature of our case. We can recommend him without reservation. Judith Watson
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My family and I have turned to the Law Offices of Jeremy Flachs multiple times over the course of the past two decades. Mr. Flachs and his team have always been super supportive, knowledgeable, and responsive as they've helped us navigate legal hurdles. When I was just 18 years old, I was in an unfortunate car accident. Mr. Flachs, through his guidance and counsel, ensured that I received the high-quality medical care I needed. He personally assisted me through each step of the legal process, and was available to answer my questions. More recently, when my mother was in a car accident, Mr. Flachs relentlessly advocated on her behalf. My family and I have only great things to say about this firm and about Mr. Flachs and his team! Donia Ghorab
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My case was complicated and tedious and required the utmost tenacity, intelligence, and resilience, all of which Mr. Flachs possessed with an unwavering commitment to building the strongest case possible. The risks that appeared along the way were offset by Mr. Flachs' determined belief and steadfast approach to leaving no stone unturned. The case eventually settled after a long process, including two failed mediations. With every step, Mr. Flachs dug in his heels deeper and kept fighting. For a personal injury lawsuit, you need a brilliant attorney like Mr. Flachs who is willing to go the distance without reservation. Connie Frigo