Legal Question in Civil Litigation in Georgia
Object
I am invovoled in a civil law suite(pro se)in GA. state court.
The defenses lawyer has filed a MOTION IN LIMINE
That would exclude my most damaging evidence.This is a negligence case where the defendant left 5 warming fires unattended before a high fire that cause damages to my personal property.The warming fires are what they want to exclude. please help what can I file to prevent this we are going to court next week.
1 Answer from Attorneys
Re: Object
This is a difficult issue to answer with the limited information provided. However, in general a motion in limine is a request by a party for the judge to enter an order prohibiting certain testimony or other evidence in a trial. In this case, the evidence appears to be of certain acts that occurred at times other than on the occassion of the actual negligence alleged in your case. Generally, evidence of other acts by a Defendant on occasions other than the date of the alleged negligence is not admissible. However, there is an exception to this general rule when the Defendant has done the act alleged to be negligent on other occasions. In certain circumstances, this evidence can be used to show a pattern of neligent activity on the part of the Defendant. However, the judge will most likely want to be sure that the evidence of the other acts is sufficiently similar to the negligence alleged in your case and that it occurred numerous times before. I would advise you to contact an attorney for more specific information. If you have any questions, please do not hesitate to contact me.