Summary
In New York, the discovery process is governed by CPLR Article 31, allowing parties to obtain necessary evidence. For medical expenses, discovery can include medical records, depositions, and interrogatories. If evidence is lacking, a motion in limine can be filed to preclude its introduction at trial. This involves preparing a notice of motion, affidavit, and memorandum of law, and serving these to the opposing party. Motions in limine should be filed several weeks before trial, but specific deadlines depend on the court. Consulting a legal professional is recommended for detailed guidance.Full Conversation
medical expences
In New York, when pursuing a legal claim involving medical expenses, the discovery process can help gather evidence related to those expenses. Here are a few key points:
- You can request medical records and bills through discovery.
- Depositions of healthcare providers may be conducted.
- Interrogatories can be used to obtain detailed information regarding treatment and costs.
Is there a specific question you have about obtaining medical expense information?
if no discovery to prove medical expences how can you motion to leave it out
In New York, if there is no discovery to prove medical expenses, you may consider filing a motion to preclude the introduction of such evidence at trial. Here are some general steps:
- File a motion in limine with the court.
- Argue that the opposing party failed to provide necessary discovery.
- Highlight any deadlines or court orders that were ignored.
Would you like more information on filing a motion in limine?
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To file a motion in limine in New York, consider these steps:
- Prepare your motion papers, including a notice of motion, affidavit, and memorandum of law.
- Serve the motion to the opposing party.
- Argue your motion before the court, highlighting the lack of discovery.
Would you like more details on preparing these documents?
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To prepare a motion in limine in New York, here's a concise guide:
- Notice of Motion: Draft this to inform the court and opposing party of your intent.
- Affidavit: Include factual statements supporting your motion.
- Memorandum of Law: Provide legal arguments and cite relevant case law.
- Service: Serve these documents to the opposing party.
- Court Argument: Be ready to present your case in court.
If you need more detailed guidance, consult a legal professional.
draft memrandum of law for limine
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In New York, drafting a memorandum of law for a motion in limine involves several key components. Here’s a basic structure to get you started:
Memorandum of Law in Support of Motion in Limine
I. Introduction- State the purpose of the motion, i.e., to preclude the introduction of certain evidence (e.g., medical expenses) due to lack of discovery.
II. Statement of Facts- Briefly outline the relevant facts of the case, emphasizing the opposing party's failure to provide necessary discovery related to medical expenses.
III. Legal Argument-
A. Legal Standard - Cite relevant New York law, such as CPLR, and any case law supporting the exclusion of evidence due to discovery violations.
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B. Application to the Present Case - Apply the legal standard to the facts of your case, arguing why the evidence should be precluded.
IV. Conclusion- Summarize the reasons for granting the motion and request that the court exclude the evidence in question.
Additional Tips:
- Use clear and concise language.
- Support each argument with relevant case law and statutes.
- Ensure all factual assertions are backed by evidence or affidavits.
For a comprehensive and tailored memorandum, consulting a legal professional is advisable.
how long before trial do you need to file for limine
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In New York, motions in limine should generally be filed well in advance of the trial date, often at least several weeks before. The specific timing can depend on the court's schedule and any pretrial orders. It's best to check with the specific court for their deadline requirements.
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