NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

WAKE COUNTY 96 CVS

*, ) ) Plaintiff*, ) ) vs. ) MOTION IN LIMINE ) *, ) ) Defendant*. )

COMES NOW Defendant, Joe Blowameter, and before the trial and selection of the jury, moves the Court in Limine to instruct the Plaintiff, his witnesses and counsel as set forth below on the following grounds:

Pursuant to Rules 104, 401, 402 and 403 of the N.C. Rules of Evidence, and because the following evidence is incompetent, irrelevant and unfairly prejudicial to the Defendant *, and would preclude a fair and impartial trial, the following evidence should not be presented to the jury or commented on by Plaintiff, his*er counsel or his*er witnesses:

1. Whether Plaintiff had any medical or hospitalization insurance at the time of the subject accident.

2. Whether Defendant had any liability insurance or Plaintiff had any underinsured motorist insurance covering the subject accident and any contact between Plaintiff or *** attorney with representatives of either company.

3. Any reference to any oral statement made by a physician or other person who will not appear in Court to testify.

4. Any reference to the current legal significance of a blood alcohol concentration level of ***, since that blood alcohol concentration was of no legal significance at the time this accident occurred.

5. Any mention by the Highway Patrolman or other witnesses of the administration or results of any "gaze nystagmus" test.

WHEREFORE, Defendant moves the Court to instruct the Plaintiff, his*er witnesses and counsel not to mention, refer to, interrogate concerning, or attempt to convey to the jury in any manner, either directly or indirectly, any of the above-mentioned facts, without first obtaining permission of the Court outside of the presence and hearing of the jury, and further instruct the Plaintiff and *** counsel not to make any reference to the fact that this Motion has been filed, and warn and caution each and every one of Plaintiff's witnesses to strictly follow these instructions.

This the _______ day of **, 1996.

By: _______________________________ xxxx Attorney for Defendant* Post Office Box yyyy Raleigh, North Carolina 111111 Telephone: (919) 333-3333

CERTIFICATE OF SERVICE BY MAIL

This is to certify that the undersigned has this date served this document in the above-entitled action upon all other parties to this cause by depositing a copy thereof, in the United States Mail, addressed to the attorney or attorneys for said parties this the * day of *, 1996.

By: _______________________________ xxxxx

SERVED ON:

-- Robert Holmes (holmes23@bellsouth.net), December 13, 2000