IN THE DISTRICT COURT

IN THE DISTRICT COURT

TEXARKANA

Plaintiff Billy Bob (“Bob”), by and through counsel, submits the following motion in limine and supporting legal memoranda.

1. PREVIOUS CRIMINAL HISTORY

Plaintiff moves this Court to exclude any evidence of Bob’s use of Marijuana as a recreational drug. The use of the drug has not affected the work performance of the plaintiff and in the same regard; he did not smoke while on duty. The plaintiff also wishes to exclude evidence of Bob’s request of $50,000 in exchange for dismissal of the case as it is not relevant and should not be permitted in the event Defendant attempts to use it to impeach Plaintiff’s character.  FRE 404(b) provides “evidence of a crime, wrong, or other act is not admissible to prove a person’s character in order to show that on a particular occasion the person acted in accordance with the character.”  Furthermore, FRE 609(b) states that evidence of a conviction or prior crime should be excluded “if more than 10 years have passed since the witness’s conviction or release from confinement for it, whichever is later. Evidence of the conviction is admissible only if: (1) its probative value, supported by specific facts and circumstances, substantially outweighs its prejudicial effect; and (2) the proponent gives an adverse party reasonable written notice of the intent to use it so that the party has a fair opportunity to contest its use.”

In this case, Plaintiff testified that he uses Marijuana as a recreational drug. The use of the drug has not affected the work performance of the plaintiff and in the same regard; he did not smoke while on duty. The plaintiff also wishes to exclude evidence of Bob’s request of $50,000 in exchange for dismissal of the case. Furthermore, there is no probative value to introducing this information, and Defendant has not provided notice of its intent to introduce such information, either written or otherwise. Therefore, under FRE 404(b) and FRE 609(b), Plaintiff’s prior criminal record is inadmissible and irrelevant.  Accordingly, Plaintiff respectfully requests that this Honorable Court exclude any evidence that Defendant may attempt to introduce regarding Plaintiff’s criminal history, or any references to his criminal history.

1. SETTLEMENT DISCUSSIONS

Plaintiff also moves this Court to exclude any evidence of settlement discussions in this matter. Defendant may attempt to introduce Plaintiff’s request from settlement discussions. In an effort to encourage frank settlement negotiations, Rule 408 of the Federal Rules of Evidence prohibits the use settlement offers or statements made in furtherance of negotiating settlements to prove liability, validity of, or the amount of a claim that is in dispute, or to impeach by using statements made in settlement negotiations as prior inconsistent statements. As such, no mention of the settlement discussions should be made.

Plaintiff therefore, requests this Honorable Court exclude any evidence that Defendant may attempt to introduce regarding Plaintiff’s criminal history, or any references to settlement discussions between the parties.

Respectfully submitted,

/s/ Joe Doe__________________

Joe Doe

585 Main St

Texarkana, 45854

Telephone: (485)879-5555

Attorney for Defendant

NOTICE OF SERVICE

I hereby certify that a copy of the foregoing was filed electronically. Notice of this filing was sent to all parties by operation of the Court’s electronic filing system. Parties may access the filing through the Court’s system.

__________John Doe________________________

Attorney for Plaintiff