Fill and Sign the Evidence Remedial Measures Form

IN THE CIRCUIT COURT OF ________ COUNTY, __________ NAME OF PLAINTIFF )       ) ) V. ) ) NO. ) ) NAME OF DEFENDANT )       ) MOTION IN LIMINE COMES NOW Defendant ___________ ("___________"), through its attorneys, and respectfully moves the Court to prohibit, enjoin and prevent the introduction of evidence, proffering of testimony, or mentioning or alluding to in any way whatsoever any guard made by the Plaintiff subsequent to the subject accident which he uses or has used on his ___________ shaper. This Defendant anticipates that Plaintiff will attempt to introduce a guard which he constructed for his ___________ shaper subsequent to his accident. Any guard the Plaintiff may have constructed is not at issue in this lawsuit and should be deemed irrelevant under _______ R. Evid. 402. However, should any such guard be found relevant, it should be excluded under _____. R. Evid. 403. Any probative value the Plaintiff's guard might have is substantially outweighed by the danger of unfair prejudice and confusion of the issues. In the alternative, Plaintiff's guard should be excluded pursuant to _______ R. Evid. 407, which states in part: When, after an event, measures are taken which, if taken previously, would have made the event less likely to occur, evidence of the subsequent measures is not admissible to prove negligence or culpable conduct in connection with the event. The Plaintiff will be attempting to show that the guard he constructed would have made the accident less likely to occur in an attempt to prove negligence by ___________ in connection with the accident. The Plaintiff's guard is not an issue in this lawsuit and should not be admissible into evidence by Plaintiff in an attempt to show that ___________ was in any way responsible for Plaintiff's accident. Respectfully submitted, __________________________ BY:__________________________ - 1 - ___________________, Its Attorney OF COUNSEL: _____________________________________ CERTIFICATE I, ___________, of counsel for ___________, do hereby certify that I have this day served true and correct copies of the above and foregoing motion via facsimile and U.S. Mail, postage prepaid, to: This the ___________ day of ___________, 20___. _______________________________ - 2 -