Have you recently lost a West Palm Beach will contest and jury trial? Are you concerned that improper evidence was admitted for the jury’s consideration? What type of evidence is improper? For one thing evidence that is aimed at the emotions of the jury rather than the proof of the case is improper. Want to know how to get such evidence thrown out and a new trial ordered? That’s exactly what GEICO was able to accomplish in a recent case out of the Fifth District Court of Appeal.
Improper Evidence
- Evidence in a civil or Palm Beach probate case should be about the cause of action not ancillary or collateral details.
- If you are claiming that a will is a fraud does it matter that you did not like the will writer?
- If that evidence is to show your motive for bringing the claim it might be relevant.
- If that evidence is just there to intimidate you or make you look bad then it is probably not relevant.
- Do you know how to exclude such evidence?
- Experienced Palm Beach probate litigators know how to craft an argument to get a judge to exclude evidence through something known as a motion in limine.
- Want to see a successful motion for a new trial for improper evidence?
- Check out this case out of the Fourth District Court of Appeal.
GEICO v. Kisha
- A woman was suing regarding the insurance company’s failure to pay and the company brought an appeal regarding certain evidence.
- The plaintiff in the underlying suit had entered a bunch of evidence into the record about previous policies that the plaintiff had timely paid.
- The goal was probably to show a pattern of good behavior by the plaintiff but is that relevant?
- The appeals court did not think so which is why the reversed the case and set it for a new trial.
- Was your Delray Beach case damaged by improper evidence?
- Do you know to reverse course and get a new trial?
Want to learn more?
Check out the entire case by clicking here.