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"Appeals Court Frowns on In Limine"

01/18/2008 The Recorder

Nossaman Partner and Chair of the firm’s Litigation Department, Patrick Richard, is quoted in The Recorder article, "Appeals Court Frowns on In Limine." The article discusses the San Jose Sixth District Court of Appeal’s recommendation that trial court judges refrain from using in limine motions because they are seen as "shortcuts." A motion in limine was recently used in the case of Amtower v. Photon Dynamics Inc., in which Mr. Richard successfully defended Photon Dynamics.

In the article, Mr. Richard defends the use of in limine motions. "Trial judges need broad discretion and have been given broad discretion to rule on matters before them," he said, "and the [Sixth District] doesn't discuss Evidence Code §§§402, 403, 405 that talk about the court holding preliminary hearings to determine whether certain evidence should be admissible. Those are all made pursuant to in limine motions."

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