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Include the following notice if a minor is named in the caption or if the motion contains other unredacted sensitive data. See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents. |
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Motion in Limine
This Motion in Limine is brought by [name of movant], [party designation], who requests the Court:
1.To instruct the attorneys not to mention, refer to, or bring before the jury, directly or indirectly, on voir dire examination, reading of the pleadings, statement of the case, interrogation of the witnesses, argument, objections before the jury, or in any other manner any of the matters enumerated below, unless and until the matters have first been called to the Court’s attention out of the presence and hearing of the jury and a favorable ruling received on the admissibility and relevance of the matters.
2.To instruct the attorneys for [name] to inform [name] and all witnesses called by that party to refrain from mentioning or referring to, in any way, in the presence or hearing of the jury, any of the matters enumerated below, unless specifically permitted to do so by ruling of the Court.
3.To instruct the attorneys for [name] that violation of any of these instructions may cause harm to [name of movant] and deprive [name of movant] of a fair and impartial trial, and the failure to abide by the instructions may constitute contempt of court.
The matters prohibited are:
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The following are examples. |
1.The filing of this motion, or any ruling by the Court on this motion, suggesting or implying to the jury that [name of movant] has wrongfully and improperly moved to prohibit proof.
2.Any adultery, cruelty, or other acts of fault in disrupting the marital relationship that have not been pleaded.
3.Any reference to settlement negotiations.
4.Any evidence of the character, reputation, or quality of, or the fees for, legal services rendered by any attorneys in this case, unless attorney’s fees are a jury issue.
5.Any suggestion that the law requires a showing of unfitness of a party before the other party can be appointed managing conservator.
6.Any suggestion that the law recognizes a “tender years doctrine.”
7.Any references to the terms of the temporary orders.
8.Any reference to sexual activity on the part of [name of movant] not conducted in the presence of the child[ren] or in [his/her/their] sphere of awareness.
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The following may be used in modification cases. |
9.Any references to events or actions occurring before [date of rendition of the order to be modified or signing of the mediated or collaborative law settlement agreement on which the order is based].
[Name of movant] prays that the Court grant this Motion in Limine.
[Name]
Attorney for [name of movant]
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]
Notice of Hearing
The above motion is set for hearing on __________________ at ____________ __.m. in [designation and location of court].
SIGNED on ________________________________.
Judge or Clerk
Certificate of Service
I certify that a true copy of this [document/[title of document]] was served in accordance with rule 21a of the Texas Rules of Civil Procedure on the following on [date]:
[Name of attorney of record or party to be served] by [electronic filing manager/e-mail at [e-mail address]/fax at [fax number]/personal delivery at [address]/commercial delivery service at [address]/certified mail at [address]/first-class mail at [address]]. [Repeat for each attorney of record or party to be served.]
[Name]
Attorney for [name of movant]