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NO
MEGA BUILDERS, INC. IN THE DISTRICT COURT
D/B/A Mega & Associates
Plaintiff
Bell Tech Enterprises, Inc., OF HARRIS COUNTY, TEXAS
And
Trimcos LLC
Defendants JUDICIAL DISTRICT
ORDER IN LIMINE
Duning the trial of any civil jury case in the District Court, unless
and except to the
extent that the operation of this order shall have been suspended with reference to
such specific trial, no attomey shall make mention, refer to or suggest any of the
matters hereinafter set forth in the presence or hearing of the jury, the venire, or of
any member of either without first approaching the bench and securing a ruling from
the Court authorizing such reference. In addition, each attomey shall admonish the
client, client’s representatives and all non adverse witnesses the attomey may call to
testify similarly to refrain from any such statement, reference
or suggestion unless
same is essential to respond truthfully to a question asked by opposing counsel.
The matters to which reference is prohibited
by this order are as follows:
1 Evidence of payments to third parties or to Mega Builders prior to March 3,
2 Evidence of payment to Mega Builders of any sum that does not bear on the
face of the check
that it is in payment of the “retainage amount ($75,522.94) in
whole or in part unless supported by a plea of payment of the retainage amount
with accounting as required by Rule 95, T.R.Civ.P.
Construction defects on the project attributed
by Defendants to Plaintiff
Collateral Source. That any portion of the damages sought by Plaintiff have
been, or will be paid by any collateral source
Retention of Attomey. The time or circumstances under which either party
consulted or retained an attomey
Attomeys’ Fees. That any party
will have to pay attomeys’ fees, or any
reference to the amount or basis of any attomeys’ fees, unless a claim for recovery
of attomeys’ fees in the case will be submitted to the jury.
Criminal Offenses. That any party or witness has been suspected of, arrested
for, charged with or convicted of any criminal offense unless there is evidence of a
specific conviction that the Court has previously ruled is admissible in the case.
Alcohol or Drug Use. That any party or witness uses or abuses alcohol,
tobacco, or any controlled substance, unless and until such alleged use or abuse is
shown to be specifically relevant to the matters in controversy.
Settlement Negotiations or Mediation. Any negotiations, offers or demands
with respect to any attempted settlement or mediation.
Discovery Disputes. Any reference to discovery disputes that arose during
the preparation
of the case for tial, any position taken by any party with respect
thereto, or to the Court’s rulings thereon.
Prior Suits or Claims. That any party has been a party to any prior lawsuit, or
has asserted
any prior claim, or that any prior claim has been asserted against a
party; provided
that this clause does not prohibit inquiry about a prior injury that
may have been the subject of a claim, as distinguished
from the claim, suit or
settlementwith reference thereto, if the nature
of injuries claimed
in the present
suit make the same relevant.
Ex Parte Statements of Witnesses. Any reference to any ex parte statement
of any witness or alleged witness, other than an adverse party or agent of an
adverse party, unless and until such witness has been called to testify and has given
testimony conflicting with such ex parte statement. A depositionor a statement in
business or medical records that have been proved up as required by the Rules of
Evidence is not an ex parte statement.
Testimony of Absent Witness. Any statement or suggestion as to the
probable testimony of any witness or alleged witness who is unavailable to testify,
or whom the party suggesting such testimony does not, in good faith, expect to
testify
in the trial. If the partyis expected to testify by deposition, this provision
does not apply to testimony contained in the deposition expected to be offered.
Failure
to Call Witness. Any reference to the failure of an opposing party to
call any witness.
Photographs and Visual Aids. Showing any documents, photographs or
visual aids to thejury, or displaying same in such manner that the jury or any
member thereof can see the same, unless and until the same has been tendered to
opposing counsel, and has been admitted in evidence or approved for admission or
use before
the jury, either by the Court or by all counsel.
Requests for Stipulations. Any request or demand in the presence of the jury
fora stipulation
to any fact, or that counsel admit or deny any fact.
Requests for Files. Any request or demand in the presence of the jury that
opposing counsel produce any document or thing, or that opposing counsel or any
party or witness exhibit, tum over or allow examination of the contents of any file
or briefcase (except that a party may demand to see a document used by a witness
on the stand to refresh his/her recollection, or that a witness testifies that he/she has
used previously to refresh his/her recollection).
Discrimination. Any argument that a party should be treated more or less
favorably because of such party’s race, gender, national origin, nationality,
religion, marital status, occupation, or financial status (except in the second phase
of a bifurcated trial).
Social Costof Award. Any argument or suggestion that an award of
damages will affect insurance premiums, the price of any goods or services, or the
level of taxation.
Hardship or Privation. Any argument or suggestion that a failure to award
damages will cause a Plaintiff privation or financial hardship.
Golden Rule. Any argument or suggestion that the jurors should put
themselves in the position of a party.
Counsel’s Opinion of Credibility. Any expression of counsel’ s personal
opinion regarding the credibility of any witness.
Effect of Answers to Jury Questions. Any argument that any finding or
failure to find in response to a particular jury question will, or will not result ina
judgment favorable to any party. This provision does not bar argument by counsel
that a particular jury question should be answered in a particular way.
Evidence Not Produced in Discovery Response to a Proper Request. Calling
any witness, or offering any document
in evidence, if the identity of such witness
or the document has not been disclosed in response to a proper discovery request.
If a party has a good faith basis to urge that such witness or document should be
received either because (a) no discovery request properly called for its disclosure,
or (b) good cause existed for failure timely to disclose, such party shall first
approach the bench and secure a ruling thereon. Counsel are advised that to the
extent possibleor predictable, such matters should be addressed and a ruling
sought at pretrial once the case is assigned for trial.
Objections to Evidence Not Produced in Discovery. Any objection based on
failure to disclose evidence in pre trial discovery. Any party desiring to urge any
such objection shall request to approach the bench and urge such objection outside
the hearing of the jury. To the extent possible or predictable, such matters should
be addressed and a ruling sought at pretrial once the case is assigned for trial,
although the objection may be urged for the record outside the hearing of the jury
at the time such evidence is offered in the event the Court has overruled the
objection at pretrial.
Signed
udge Presiding
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NO MEGA BUILDERS, INC. IN THE DISTRICT COURT D/B/A Mega & Associates Plaintiff Bell Tech Enterprises, Inc., OF HARRIS COUNTY, TEXAS And Trimcos LLC Defendants JUDICIAL DISTRICT ORDER IN LIMINE Duning the trial of any civil jury case in the District Court, unless and except to the extent that the operation of this order shall have been suspended with reference to such specific trial, no attomey shall make mention, refer to or suggest any of the matters hereinafter set forth in the presence or hearing of the jury, the venire, or of any member of either without first approaching the bench and securing a ruling from the Court authorizing such reference. In addition, each attomey shall admonish the client, client’s representatives and all non adverse witnesses the attomey may call to testify similarly to refrain from any such statement, reference or suggestion unless same is essential to respond truthfully to a question asked by opposing counsel. The matters to which reference is prohibited by this order are as follows: 1 Evidence of payments to third parties or to Mega Builders prior to March 3, 2 Evidence of payment to Mega Builders of any sum that does not bear on the face of the check that it is in payment of the “retainage amount ($75,522.94) in whole or in part unless supported by a plea of payment of the retainage amount with accounting as required by Rule 95, T.R.Civ.P. Construction defects on the project attributed by Defendants to Plaintiff Collateral Source. That any portion of the damages sought by Plaintiff have been, or will be paid by any collateral source Retention of Attomey. The time or circumstances under which either party consulted or retained an attomey Attomeys’ Fees. That any party will have to pay attomeys’ fees, or any reference to the amount or basis of any attomeys’ fees, unless a claim for recovery of attomeys’ fees in the case will be submitted to the jury. Criminal Offenses. That any party or witness has been suspected of, arrested for, charged with or convicted of any criminal offense unless there is evidence of a specific conviction that the Court has previously ruled is admissible in the case. Alcohol or Drug Use. That any party or witness uses or abuses alcohol, tobacco, or any controlled substance, unless and until such alleged use or abuse is shown to be specifically relevant to the matters in controversy. Settlement Negotiations or Mediation. Any negotiations, offers or demands with respect to any attempted settlement or mediation. Discovery Disputes. Any reference to discovery disputes that arose during the preparation of the case for tial, any position taken by any party with respect thereto, or to the Court’s rulings thereon. Prior Suits or Claims. That any party has been a party to any prior lawsuit, or has asserted any prior claim, or that any prior claim has been asserted against a party; provided that this clause does not prohibit inquiry about a prior injury that may have been the subject of a claim, as distinguished from the claim, suit or settlementwith reference thereto, if the nature of injuries claimed in the present suit make the same relevant. Ex Parte Statements of Witnesses. Any reference to any ex parte statement of any witness or alleged witness, other than an adverse party or agent of an adverse party, unless and until such witness has been called to testify and has given testimony conflicting with such ex parte statement. A depositionor a statement in business or medical records that have been proved up as required by the Rules of Evidence is not an ex parte statement. Testimony of Absent Witness. Any statement or suggestion as to the probable testimony of any witness or alleged witness who is unavailable to testify, or whom the party suggesting such testimony does not, in good faith, expect to testify in the trial. If the partyis expected to testify by deposition, this provision does not apply to testimony contained in the deposition expected to be offered. Failure to Call Witness. Any reference to the failure of an opposing party to call any witness. Photographs and Visual Aids. Showing any documents, photographs or visual aids to thejury, or displaying same in such manner that the jury or any member thereof can see the same, unless and until the same has been tendered to opposing counsel, and has been admitted in evidence or approved for admission or use before the jury, either by the Court or by all counsel. Requests for Stipulations. Any request or demand in the presence of the jury fora stipulation to any fact, or that counsel admit or deny any fact. Requests for Files. Any request or demand in the presence of the jury that opposing counsel produce any document or thing, or that opposing counsel or any party or witness exhibit, tum over or allow examination of the contents of any file or briefcase (except that a party may demand to see a document used by a witness on the stand to refresh his/her recollection, or that a witness testifies that he/she has used previously to refresh his/her recollection). Discrimination. Any argument that a party should be treated more or less favorably because of such party’s race, gender, national origin, nationality, religion, marital status, occupation, or financial status (except in the second phase of a bifurcated trial). Social Costof Award. Any argument or suggestion that an award of damages will affect insurance premiums, the price of any goods or services, or the level of taxation. Hardship or Privation. Any argument or suggestion that a failure to award damages will cause a Plaintiff privation or financial hardship. Golden Rule. Any argument or suggestion that the jurors should put themselves in the position of a party. Counsel’s Opinion of Credibility. Any expression of counsel’ s personal opinion regarding the credibility of any witness. Effect of Answers to Jury Questions. Any argument that any finding or failure to find in response to a particular jury question will, or will not result ina judgment favorable to any party. This provision does not bar argument by counsel that a particular jury question should be answered in a particular way. Evidence Not Produced in Discovery Response to a Proper Request. Calling any witness, or offering any document in evidence, if the identity of such witness or the document has not been disclosed in response to a proper discovery request. If a party has a good faith basis to urge that such witness or document should be received either because (a) no discovery request properly called for its disclosure, or (b) good cause existed for failure timely to disclose, such party shall first approach the bench and secure a ruling thereon. Counsel are advised that to the extent possibleor predictable, such matters should be addressed and a ruling sought at pretrial once the case is assigned for trial. Objections to Evidence Not Produced in Discovery. Any objection based on failure to disclose evidence in pre trial discovery. Any party desiring to urge any such objection shall request to approach the bench and urge such objection outside the hearing of the jury. To the extent possible or predictable, such matters should be addressed and a ruling sought at pretrial once the case is assigned for trial, although the objection may be urged for the record outside the hearing of the jury at the time such evidence is offered in the event the Court has overruled the objection at pretrial. Signed udge Presiding