2015 Ohio Court of Appeals Case: Using Motions in Limine to Win the Case Before It Starts.

Are you preparing for a West Palm Beach will contest?   Have you chosen a jury trial or are you waiving your right to a jury and going with a bench trial? Either way by now surely you have seen the good and the bad and the ugly when it comes to evidence in the case. Experienced Palm Beach probate litigators know that the goal is to keep out the bad and the ugly and to keep the good. Do you know how? You may want to consider filing a motion in limine. Check out how they helped an Ohio litigant in this recent probate dispute.

Motion in Limine

• A motion in limine is a fancy way of saying a motion to exclude a certain piece of evidence.
• Do you know why evidence can be excluded?
• Florida has a code of evidence that governs what evidence is admissible and what is inadmissible.
• Do you know the rules?
• Experienced Palm Beach probate litigators form a theory of liability in a case and then seek to introduce evidence to prove that theory.
• A proper motion in limine can cut the attorney’s case right from under him.
• Do you see how?
• How can you prove something if the other side take all the evidence out from under you?
• Are you prepared to destroy the other side’s evidence?
• Do you know what evidence of yours that they are going to try and throw away?
• The answers may surprise you.
• Check out this case and learn more.

In re Estate of Yeager

• This was an Ohio appeal from a will contest.
• One side retained a special type of witness called an expert witness.
• Parties have a duty to disclose expert witnesses to the other side and that did not happen here.
• So, do you know what the side without notice did?
• They filed a motion in limine to prevent the expert from testifying.
• Experienced Palm Beach probate litigators know there is more than one way to get your evidence excluded.
• Perhaps it is hearsay or privileged, but maybe it is inadmissible due to technical failures.
• A litigant cannot be picky here; they need to pick any way that wins.

Want to learn more?

Check out the entire case by clicking here.