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Najjar v. Daleh

September 14, 2011

NAJJAR
v.
DALEH



Name of Assigned Judge Blanche M. Manning Sitting Judge if Other or Magistrate Judge than Assigned Judge

CASE TITLE

DOCKET ENTRY TEXT:

The defendants' motion in limine [143], which contains multiple requests for relief, is granted in part and denied in part as specified below. The parties are reminded that federal law, as opposed to state law, governs the resolution of procedural issues.

#[ For further details see text below.]

STATEMENT

The defendants' motion in limine [143] is before the court. The plaintiff did not file a response, despite being afforded an opportunity to do so. For the following reasons, the motion is granted in part and denied in part.

General Motions

The motion largely asks the court to apply basic evidentiary rules during trial. For example, the defendants ask the court to exclude hearsay evidence unless an exception applies. Thus, the court grants the defendants' request to: (1) exclude witnesses other than parties during trial, (2) bar evidence of the circumstances under which the attorneys for the defendants were employed or retained, or the fees or contract under which the attorneys were retained; (3) bar the introduction of or reference to any documents or witnesses not previously disclosed in discovery; and (4) bar hearsay testimony.

Character

The defendants also ask the court to bar evidence about the individual defendants' character or propensity to be dishonest, such as evidence about other alleged fraudulent activities or other lawsuits against the defendants based on alleged fraud. Rule 608(b) of the Federal Rules of Evidence provides that:

Specific instances of the conduct of a witness, for the purpose of attacking or supporting the witness' character for truthfulness, other than conviction of crime as provided in rule 609, may not be proved by extrinsic evidence. They may, however, in the discretion of the court, if probative of truthfulness or untruthfulness, be inquired into on cross-examination of the witness

(1) concerning the witness' character for truthfulness or untruthfulness, or (2) concerning the character for truthfulness or untruthfulness of another witness as to which character the witness being cross-examined has testified.

Because the court does not know what specific evidence is at issue or the purpose for which it will be used, this motion is denied without prejudice. The parties are directed to request a ...


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