You claim your doctor violated the basic standards of medical care. You've sued your doctor for medical malpractice. It's a phrase to describe an attorney who is asking the judge to take action just before your trial actually starts. He's supposed to! I need it to properly evaluate the damages in this case." In response, the opposing lawyer may say "Judge, my client saw that doctor fifteen years ago and it has nothing to do with our claim or the defenses being raised here." The ultimate effect of many of these discovery issues is often not earth shattering for the case.īut with a motion in limine, it often is. "Judge, he didn't give me a permission slip for this health care provider. It often sounds like two kids in the playground arguing. These discovery issues can an often are a nuisance for all involved. The judge will often resolve these issues by telephone conference with his law clerk threatening both sides if the judge has to get involved. They want the attorneys to stipulate to what's needed. They want these issues disposed of quickly. Today, most judges refuse to hear oral arguments about discovery matters. If you were toward the end of the calendar, you'd be sitting around for hours listening to these arguments. On any typical morning in court, you'd have fifty to one hundred lawyers in a courtroom waiting their turn to argue different issues that came up on their case. In the 'old days' judges in New York would often have oral argument on these motions. The defense then has an opportunity to respond. In response, the Judge will figuratively turn to the defense and say "Well, why haven't you done what they claim?" "Judge, the defense is delaying this case." "Judge, the defense hasn't responded to our requests for documents." "Judge, the defense isn't giving us medical records." Usually, this 'motion' is done formally on written papers. First, a 'motion' is nothing more than an attorney asking a judge to take action.
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