How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask socrateaser Your Own Question

socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 32925
Experience:  Retired (mostly)
Type Your Family Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

Socrateaser: Can I file a "Response to Strike Motion in Limine"

Resolved Question:

Socrateaser: Can I file a "Response to Strike Motion in Limine" ? Is there such a thing?
Opposing counsel filed a motion in limine (to strike a bunch of my arguments and addenda in my RFO) a few weeks ago and we have our next hearing next week.

Obviously the Judge has read the motion in limine but I want to intercept "officially" before the next hearing
Can I file such a motion to prevent the Judge from "admitting" the motion in limine?

I want to file it as a RESPONSE TO MOTION IN LIMINE. a response so I don;t have to wait for a new court date (and avoid fees)
Thoughts?...
Submitted: 1 year ago.
Category: Family Law
Expert:  socrateaser replied 1 year ago.
Hello again,

Except for a "special motion to strike" associated with an anti-SLAPP motion, a motion to strike is only appropriate where the pleading to be struck is a "demurrer, answer, complaint, or cross-complaint." CCP 435(a)(2). A motion in limine cannot be struck. The proper action is to either demand withdrawal of the motion under CCP 128.7 -- or, to simply oppose the motion on its merits.

Hope this helps.
Customer: replied 1 year ago.

Well... when you say A motion in limine cannot be struck. The proper action is to either demand withdrawal of the motion under CCP 128.7 -- or, to simply oppose the motion on its merits.

 

Opposing counsel writes in POA filed concurrently with MIL:

 

B.. ANY DECLARATION. EXHIBIT OR SUPPORTING DOCUMENT

5 II SUBMITTED WITH PETITIONER'S

6 II MOVING. RESPONDING OR SUPPLEMENTAL PAPERS IS HEARSAY,

7 II MUST BE STRICKEN. AND CANNOT BE CONSIDERED BY THE COURT

8 II 7. " (a) "Hearsay evidence" is evidence of a statement that was made other than

9 II by a witness while testifying at the hearing and that is offered to prove the truth of the

10 II matter stated. (b) Except as provided by law, hearsay evidence is inadmissible.

11 II California Evidence Code § 1200. Here, Petitioner attempts to request relief and/or

12111assert his claims via the use of myriad letters, reports and/or private records-all of which

13 are being offered for the truth of the matter asserted, and all of which lack the necessary

1411foundation that would permit their admission into evidence. For example, Petitioner's

15 moving papers filed March 5, 2012 rely upon the alleged statements of a mental health

16 II professional to assert the validity of his claims. As discussed above, res judicata

17 II prohibits Petitioner from introducing documentation pertaining to the issues resolved via

18 II the parties' stipulated Judgment But such statements are disallowed as hearsay,

19 II regardless. Thus, all statements proffered by the Petitioner for the same purpose are

20 IIinadmissible as hearsay, as are the attachments and/or exhibits subrnitted by Petitioner

21 with all of his remaining filings, including but not limited to, that paperwork submitted by

22 II Petitioner September 19,2012, November 20,2012, November 30,2012 and February

23 1111,2012. Thus, each of Petitioner's references to letters, notes or records from doctors,

24 IIteachers, administrators, therapists, court dockets or police records are inadmissible and

25 IImust be excluded. California Evidence Code § 1200.

26 II Again, Petitioner selects and/or references documentation pertaining to issues

27\IWhiCh existed at trial, and were addressed in the Judgment-a fact that makes such

28 evidence irrelevant to the instant proceeding, in any case.

 

So....Socrateaser, opposing counsel want's to strike with an MIL

Petitioner's (MY) references to letters, notes or records from doctors,teachers, administrators, therapists, court dockets or police records are inadmissible and must be excluded.

 

QUESTION: Should I then based of your last commend OPPOSE TO THE MOTION ON THE MERIT THAT THOSE DOCUMENTS ARE ALL VALID AND WITNESSES WILL BE BROUGHT TO TRIAL TO VALIDATE NEXT WEEK?

 

OR ..... would it be better to demand withdrawal of the motion under CCP 128.7?

 

Thanks!

Expert:  socrateaser replied 1 year ago.
A motion in limine is used to strike evidence, before it can be presented at trial, where it may confuse, prejudice, mislead or waste time with respect to the trier of fact (judge or jury). A motion to strike attempts to strike a pleading (previously defined). A motion in limine is an application for an order -- it is not, as a matter of law, a pleading, despite the fact that the motion (and for that matter, any motion) pleads certain matters and/or seeks to strike evidence.

That said, you asked:

QUESTION: Should I then based of your last commend OPPOSE TO XXXXX THE MERIT THAT THOSE DOCUMENTS ARE ALL VALID AND WITNESSES WILL BE BROUGHT TO TRIAL TO VALIDATE NEXT WEEK?

 

A: I can't answer this question definitively, because I don't know if the documents are in fact valid. Assuming that they can be validated by your witnesses as subject to the business records exception to the hearsay rule, then you can simply respond that the records complained about are all covered by the business records exception, that you will produce witnesses to properly authenticate the documents at trial. You can also complain that opposing counsel has made a blanket request to deny admissibility of all of your evidence, and that the lack of specificity makes it impossible for you to respond intelligently, or for the court to make an informed decision concerning the introduction of any specific item of evidence.

 

If the judge doesn't rule in your favor, I'll be very surprised, because this sort of blanket motion is the functional equivalent of a motion for summary judgment, since it deprives you of the opportunity to develop your case at trial. Strike that -- I won't be surprised. This is family court, and the judge will do whatever he/she feels like doing at the moment he/she decides to do whatever he/she decides to do.

 

OR ..... would it be better to demand withdrawal of the motion under CCP 128.7?

 

A: The motion isn't entirely frivolous, because it's probably true that some of your proposed evidence is inadmissible. So, I would stay away from the 128.7 motion.

 

Hope this helps.
Customer: replied 1 year ago.

That was very helpful Socrateaser


 


Can I ask the court for a continuation without appearing next week on the premise that now I need more time to subpoena all the witnesses?


 


Is there a procedural vehicle (paperwork or on-line request) of some sorts to request more time....


 


Thanks!

Expert:  socrateaser replied 1 year ago.
Can I ask the court for a continuation without appearing next week on the premise that now I need more time to subpoena all the witnesses?

A: You can ask, but I can practically guarantee that your motion will be denied. Courts are extremely hostile to changes in the trial date.

A motion for continuance has no particular form. You must shows good cause (a clear justification) to continue any hearing or trial date.

Hope this helps.
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 32925
Experience: Retired (mostly)
socrateaser and 2 other Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney