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motion in limine


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#1 witsend

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Posted 13 July 2009 - 10:05 AM

Custody of the minor children could not be agreed on. Party A would not agree to a 730 custody evaluation either, so an OSC was filed on the matter. A 730 custody evaluation was held by order of the Court. On publication of the report, Party A opposed it and a 733 expert was hired to rebut it. Party B objected to 733 expert's findings and Judge ordered an updated custody evaluation. Updated evaluation was completed and proposed custody division changed only slightly. It disagreed with the findings of the 733 expert.

Both parties then stipulated to a custody agreement. After the stipulation was signed Party A filed a "motion in limine" to have the 730 evaluations excluded from being heard at trial.

Financial issues are still unresolved and look likely to be decided at trial.

Attorney of party B remarked the motion in limine was a waste of time, as the issue of custody had be settled. But is it a waste of time ? It obviously increases the attorney fees paid. Is there any strategic value to filing this motion ?

Should Party B file a similar motion in limine to strike the record of the 733 expert's report ?

Thx

#2 Jim Reape

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Posted 13 July 2009 - 10:53 AM

Keeping the report out of can impact the argument on attorney's fees.

#3 witsend

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Posted 13 July 2009 - 01:23 PM

QUOTE(Jim Reape @ Jul 13 2009, 10:53 AM)
Keeping the report out of can impact the argument on attorney's fees.

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In what way does it impact the argument on attorney's fees ? Does it reduce claims for attorney's fees or increase them ?

For example , if the report is excluded from mention at trial, does that also mean that all attorney's fees associated with the report are also excluded ? For example correspondence between Attorney's regarding the report, OSC's held pertaining to the Custody evaluation ??



#4 Jim Reape

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Posted 13 July 2009 - 02:42 PM

If the report is not received then the conduct that is spoken of in the report is not in evidence...although you have potentially other ways to get that into evidence. For me to really try and determine what the other sides motivation is I would need to know so much more about the case. Your attorney should be able to comment as they know the case.




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