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Do you know what a motion to preclude is? If you don't and you want to learn more, come
join me as I share with you this great information. Hi. I'm Gerry Oginski. I'm a New York medical
malpractice and personal injury trial lawyer practicing law in the state of New York. First
of all, a motion is a formal request to the court to do something. To preclude means to
prevent somebody from doing something. This will typically come up during the course of
trial where let's say I want to put on a medical expert and now the defense stands up and objects
and says, "Objection, your Honor. I move to preclude Mr. Oginski's medical expert." And
now the judge is going to ask why. And then he's going to turn to me and say, "Mr. Oginski,
what do you have to say about this?" Another way the defense will try and use this is to
keep out a particular piece of evidence that we're trying to get into court to show to
the jury. "Your Honor, I object. I move to preclude that photograph from coming into
evidence." And now the judge is going to take legal argument to understand what the objection
is and whether or not to agree with the defense attorney or overrule the defense attorney's
objection and allow this document or photograph to come into evidence. Now, before we ever
get to trial, this can come up also. We might have an expert, we might have some type of
documentary evidence that we can get so we can now prove our case at trial. And now if
the defense refuses to produce some information, we can then use it proactively. And what that
means is we can now ask the judge to prevent a witness from coming into court and testifying
or to keep something out because the defense has refused to comply with our legal requests
for certain information. So a motion to preclude can be used a number of different ways and
to use it strategically, you have to understand what it is that we're trying to keep out and
the legal reasons why. So why do I share this great information with you? I share it with
you to give you an insight and an understanding into what a motion to preclude is here in
the state of New York in an accident case, in a medical malpractice case and even in
a wrongful death case. You know, I realize you're watching this because you likely have
questions or concerns about your own particular matter. Well if your matter happened in New
York and you do have legal questions, what I encourage you to do is pick up the phone
and call me. I can answer your legal questions. This is something that I do every single day
and I'd love to talk to you. You can reach me at 516-487-8207 or by email at Gerry@Oginski-law.com.
That's it for today's quick video. I'm Gerry Oginski, have a wonderful day!