Trump’s attorneys used a motion in limine to keep what’s been going on with his presidential run away from the jurors in the class action against him related to Trump University. This is just the type of situation a motion in limine is perfect to address. Indeed, the greatest value of in limine motions lies in a party’s ability to confront prejudicial evidence before it’s presented at trial and comes to a jury’s attention.
A demurrer can be an excellent tool to challenge the legal sufficiency of allegations in an opponent’s pleadings. In deciding whether to demur to a complaint, defense counsel should consider not only whether a demurrable defect appears on the face of the complaint, but also whether demurring is likely to be a better move than its alternatives.
In California, civil discovery is “self-executing,” i.e., a party demanding discovery doesn’t need prior court approval, and the responding party may object instead of providing the requested information. An objection often ends the matter, but sometimes it doesn’t, and the party resisting discovery has to consider moving for a protective order.
As plaintiff’s counsel, you always want to analyze how best to present your client’s case in the most efficient and persuasive way. Sometimes doing that means dismissing certain parties or causes of action. But such tactical dismissals aren’t without risk. Here’s a list of questions to ask yourself when deciding whether or not to dismiss.