PLAINTIFF MOTION OF LIMINE

Your supervising attorney is preparing for a trial. The Plaintiff in this case, Billy Bob, began his employment with Widget World Co., the Defendant, on January 2, 1990. Mr. Bob worked as a truck driver for Widget World, initially in its Blackacre terminal, and then in its Whiteacre terminal. Widget World is a widget company that utilizes hazardous materials on a daily basis. On November 11, 20015, Mr. Bob was terminated.

In September of 2015, Mr. Bob and several other Widget World employees were sent to Whiteacre to refurbish a floor in the plant with epoxy product. There is a question as to whether Mr. Bob followed instructions in refurbishing the floor in the plant.

Thereafter, on November 9, 2015, Mr. Bob suffered from a workplace injury, and reported it to the company. Mr. Bob has had on-going rheumatoid arthritis, and in October of 2015, he stepped off the back end of a trailer and jarred himself when he hit the ground. A few weeks later he felt such a sharp pain from his injury that he could hardly walk. His pain was so intense that he was taken to the local emergency room and received several painkiller injections. He informed the company that he was going to file a worker’s compensation claim pertaining to that injury. When Mr. Bob informed Mr. Widgetall, Widget World’s Safety Director, about his intention, the conversation between the two became heated.

At a meeting on November 11, 2015, Mr. Bob reiterated his intention to file a worker’s compensation claim for his injury. Mr. Mitchell, the safety director for Roeder, then produced a termination letter to Mr. Bob, alleging insubordination and terminated Bob’s employment. The next day, Mr. Bob filed a workers’ compensation claim.

Mr. Bob initiated this case, alleging that he was terminated in relation for his intent to file a workers’ compensation claim, in violation of Whiteacre law. Widget World has filed a counterclaim against Mr. Bob, alleging defamation. The trial is set to commence in two weeks, and motions in limine are required to be filed this week. Suzy Cue is your supervising attorney at Alpha & Beta LLC, 432 Brown Ct, Whiteacre. She would like you to prepare a motion in limine to keep any mention of the following evidence out of court:

• Any mention of Billy’s psychological counseling, which he has been receiving for the last 5 years
• Any mention of Billy’s previous conviction for possession of marijuana
• Billy’s request for $50,000 in exchange for his dismissal of the case

Using this sample provided by Suzy, as well as your own research, draft a motion
in limine using the laws of your state.

Answer preview

MOTION IN LIMINE TO EXCLUDE FORMER RECORDS AS EVIDENCE

The Plaintiff named above by and through this attorney, Suzy Cue in the above named matter with his former employer, the Widget Co moves the court to give an order that will stop the Attorney and all his prosecutors from using any record, that that the court may receive from the defendant through his attorney earlier or during the examination concerning his criminal records…