Can a motion in limine to preclude testimony or questions concerning the content of publications on direct examination preserve a claim of attorney misconduct for appeal?

California, United States of America


The following excerpt is from Olar v. Miller, F064025 (Cal. App. 2013):

5. Olar asserts her pretrial motion in limine to preclude testimony or questions concerning the content of publications on direct examination preserves her claim of attorney misconduct for appeal. We disagree, as the motion in limine could not substitute for a timely objection on the ground of misconduct. (See, e.g., Neumann v. Bishop (1976) 59 Cal.App.3d 451, 468 ["when confronted by misconduct of counsel an adversary generally must, first, object or otherwise direct the court's attention to the misconduct and, second, move for a mistrial to seek a curative admonition."]

Other Questions


Does the Attorney General's assertion that a denial of a motion on appeal by defendants on appeal violate their right to appeal against the denial of their motion violate their due process? (California, United States of America)
Is a client's attorney required to repay all moneys laid out by the attorney to the attorney before the client can make a claim against the attorney? (California, United States of America)
Does the Attorney General's contention that defendant forfeited the claim of juror misconduct by failing to include it in his written new trial motion? (California, United States of America)
Is a motion denying a motion to disqualify an opposing attorney's attorney appealable? (California, United States of America)
What are the findings of the Court of Appeal on the appeal of a motion of appeal against an order requiring the Attorney General to produce a copy of the Plaintiff's file? (California, United States of America)
What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (California, United States of America)
Does Defendant's claim that the District Attorney's questions exceeded the scope of the direct examination fail for lack of prejudice? (California, United States of America)
Can a defendant bring a claim of misconduct against the Attorney General on appeal? (California, United States of America)
Is an interlocutory appeal from the denial of both a motion to strike and a request for attorneys' fees appealable? (California, United States of America)
Does the Attorney General have a duty to preserve and preserve a claim under California Evidence Code? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.