20 Mar Complete the Motion in Limine? simulation. Be sure to cite three to five relevant scholarly sources in support of your content. U
Complete the “Motion in Limine” simulation.
Be sure to cite three to five relevant scholarly sources in support of your content. Use only sources found at the GCU Library, government websites/legal case sites, or those provided in Class Resources.
While APA style is not required for the body of this assignment, solid academic writing is expected, and in-text citations and references should be presented using APA documentation guidelines, which can be found in the APA Style Guide, located in the Student Success Center.
JUS-441 Topic 5 Memorandum to Smith
Law Offices of John Jameson, Esq.
333 West 3rd Street
Phoenix, AZ 85003
(602) 639-6542
Ms. Danielle Smith
453 Desert View Lane
Scottsdale, AZ 85260
MEMORANDUM
Re: Case #4564-23 – Motion in Limine
Dear Ms. Smith,
Per my requirements as your attorney to keep you reasonably informed of activities of your case, I am writing to inform you of recent activities of the Maricopa County prosecuting attorney, Mr. Craig Lawford (AZ Bar License #45425).
I regret to inform you that you that Mr. Lawford intends to file with Judge Mindleson copies of certain nude photographs [prosecutor’s proposed exhibit 7] that you took of your children as evidence of your alleged sexual molestation of your children, Jonathan and Mindy.
I believe these photographs are in violation of Arizona Rules of Civil Procedure, as the photographs are unduly prejudicial and are not probative of the ultimate issues of fact in the case. It is my contention that they are just the types of photographs a parent might take of their infant/toddler children while bathing.
Accordingly, I will be filing a Motion of Limine. A motion of Limine is a motion filed by an attorney requesting that a judge suppress and or exclude evidence from a court case because of a variety of reasons, including needless presentation of cumulative evidence, that the evidence is unduly prejudicial, that it is needless cumulative, etc.
I will keep you informed of the outcome of that motion. Please find a copy of that motion enclosed for your review.
As I reminder, I plan on still meeting with you on the 9th at 11:00 a.m. for our face-to-face meeting concerning our plan of action regarding your case. Please be sure to attend this meeting.
Sincerely,
John Jameson, Esq.
Bar License #23542
© 2017. Grand Canyon University. All Rights Reserved.
,
JUS-441 Topic 5 Motion in Limine Simulation
NOTE: This assignment consists of two parts. Follow the instructions for each part.
Part I: Motion in Limine Documentation
Instructions:
1. Review the "Memorandum to Smith" document.
2. Based upon the information found in the “Memorandum to Smith,” complete the Motion in Limine below. Be sure to complete the information in every [bracket].
3. Be sure to include a legal rationale for grounds for exclusion of the evidence.
Motion in Limine
[Name of attorney filing]
[Name of attorney’s firm]
[Address of attorney’s firm]
[Arizona State Bar number of attorney]
[Email address of attorney]
[Telephone number of attorney]
[Designation of represented party]
[Name of represented party]
In the Superior Court of the State of Arizona
In and for the County of [Name of County]
|
[Name of Prosecutor], State of Arizona |
NO. [CASE NUMBER] |
|
|
Prosecutor, |
||
|
v. |
MOTION IN LIMINE |
|
|
[Name of defendant], |
Assigned to the Honorable |
|
|
Defendant. |
[Name of judge] |
|
|
[OPTIONAL: Oral Argument Requested] |
||
Pursuant to Ariz. R. Civ. P. 7.2(b) (2017), [name of party] herein, by and through undersigned counsel, respectfully requests the Court enter an Order precluding the introduction of documentary evidence or testimony concerning [description of matter] at the trial of this matter on the grounds and for the reason that [description of grounds for exclusion ( comp. 1.5)].
This Motion is supported by the Memorandum of Points and Authorities attached hereto and incorporated herein by this reference.
RESPECTFULLY SUBMITTED this [date of submission].
_____________
[Name of attorney]
[Name of attorney’s firm]
[Address of attorney’s firm]
Attorney for
[designation of party]
[Name of party]
Original efiled with court on this
[date of filing] with Clerk of Court.
A copy has been or will be
mailed
emailed
hand-delivered
on [date of service] to:
[Name of opposing party or attorney]
[Address of opposing party or attorney]
Part II: Motion in Limine Analysis
Answer the following questions in a 150-200-word response for each. Be sure to cite at least three scholarly sources in support of your responses.
1. What would happen if the Motion in Limine were denied?
2. Why was this case filed in the jurisdiction that it was, as opposed to a different jurisdiction such as City court or Federal court? (comp. 2.3)
3. When may a motion be amended? Is this a matter of procedural right or procedural discretion? Explain.
References
© 2017. Grand Canyon University. All Rights Reserved.
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