MOTIONS IN LIMINE

PAULA F. SWEENEY

Howie & Sweeney

2911 Turtle Creek Blvd., Suite 1400

Dallas, Texas 75219

214/523-8800

Fax: 214/523-8888

ULTIMATE TRIAL NOTEBOOK:

PERSONAL INJURY LAW

February 27, 1998

Houston, Texas

E

PAULA FISETTE SWEENEY

Howie & Sweeney

2911 Turtle Creek Blvd., Suite 1400

Dallas, Texas 75219

214/523-8800

Fax: 214/523-8888

Paula Sweeney is a partner with the firm of Howie & Sweeney in Dallas, Texas. She is board certified in Personal Injury Trial Law, and practices exclusively in the area of plaintiff's medical negligence litigation. She is a past President of the Dallas Trial Lawyers Association, and a Director of the Texas Trial Lawyers Association as well as a past member of its Executive Committee. She has been a Governor of the Association of Trial Lawyers of America and is a former Director of the State Bar of Texas. She is a member of the Texas Supreme Court Task Force on the Jury Charge, on The Texas Supreme Court Rules Advisory Committee, and the Supreme Court Task Force on Medical Malpractice Discovery. She is a member of The American College of Legal Medicine and The College of The State Bar of Texas, and of ABOTA and is listed in Best Lawyers in America. She was recently honored as the Texas Nurse's Association Health Care Professional of the Year (1995) and as an "Alumna of Distinction" by the University of Dallas.

Table of Contents

I. MOTIONS IN LIMINE--THE LAW 1

A. Scope of Motions in Limine 1

B. The Form of the Motion in Limine 3

C. Protecting the Record 5

1. If the Motion in Limine is Granted. 5

2. If the Motion in Limine is Overruled. 5

3. The Motion in Limine is not a Necessary Predicate for Appeals. 5

D. Sanctions for Violating the Motion in Limine 6

1. Contempt. 6

2. Motion for Mistrial. 6

3. Striking of Pleadings. 6

4. Motion for New Trial. 6

5. Loss on Appeal. 6

E. Contents for Motions in Limine 7

1. For Plaintiff 7

2. For Defendant 7

II. MOTIONS IN LIMINE--PRACTICAL CONSIDERATIONS 8