bmc100 Posted May 1, 2013 Report Share Posted May 1, 2013 I recently read an article written my a Michigan attorney where the Michigan courts will hear a motion to lalime/preclude under MRE 103© and MRE 104. There is nothing in the rules of civil pocedure that states how to bring forth the motion. All the RCP states is what rule to bring forth a motion to compel. I am going to write a motion to preclude over the weekend for my wife's case against Stellar to preclude all the evidence that the Plaintiff failed to provide during discovery to be heard at the onset of trial. (if the Plaintiff does not dismiss prior to trial). Has anyone else researched the rules under which to bring forth a motion to preclude? Thanks, BMC Link to comment Share on other sites More sharing options...
Seadragon Posted May 1, 2013 Report Share Posted May 1, 2013 in limine really cannot be used as a dispositive motion but to prevent the evidence from getting in front of the trier of fact. Out here in California preclusion happens usually under the Bill of Particulars statute. I will look at MRE 103© and 104 but I believe that any preclusion must be based on potential prejudice to her. Link to comment Share on other sites More sharing options...
bmc100 Posted May 1, 2013 Author Report Share Posted May 1, 2013 Found the rule...it is MCR 2.302© - Protective orders, which gives grounds to file a motion to preclude. Link to comment Share on other sites More sharing options...
bmc100 Posted May 1, 2013 Author Report Share Posted May 1, 2013 She is prejudiced by the Plaintiff's attorney not responding to her discovery requests or by providing an incomplete response. All evidence not provided during discovery should not be taken into consideration at trial for the Defendant has not had an opportunity to review the documents or written ttestimony and properly respond in accordance with the RCP. As of right now, the Plaintiff does not have any admissilbe evidence. The evidence they attached to their MSJ had no merit and the judge agreed with her. Link to comment Share on other sites More sharing options...
Brotherskeeper Posted May 1, 2013 Report Share Posted May 1, 2013 bmc100--there is a useful book in the Oakland County law library titled Michigan Litigation Forms and Analysis. In section 49:28 Motion in limine, the sample motion lists MRE 403, in addition to MRE 104. Link to comment Share on other sites More sharing options...
bmc100 Posted May 2, 2013 Author Report Share Posted May 2, 2013 In the mail today, the Plaintiff finally mailed their discovery requests. The judge set discovery for 75 days at the pre-trial hearing in mid-February. As I looked back at the calander,the 75 day mark ended April 28, 2013 at the latest. The postage was on April 30, 2013. Too bad for them. I wrote a letter stating the only response I have to provide is to provide you with any additional evidence or witnesses I plan on calling or using at trial. All Requests for Admissions and Interrogatories have not been propounded within the guidelines of discovery set by the court. 1 Link to comment Share on other sites More sharing options...
Spikey Posted May 2, 2013 Report Share Posted May 2, 2013 @bmc100 Sounds like your wife is in good shape then. Too bad, so sad JDB. Link to comment Share on other sites More sharing options...
bmc100 Posted May 2, 2013 Author Report Share Posted May 2, 2013 The Plaintiff finally responded to the Letter to Confer that we sent out. Basically, they stated that we are in possession of their entire file. Which consists of the docs attached to their MSJ which was denied. This is looking really good. I am going to fire off one more letter to see if I can get them to agree to dismiss. Link to comment Share on other sites More sharing options...
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