Opinion
Civil Action 3:21-CV-1925-D
03-13-2023
ISIMEME ANITA HORAK, Plaintiff, v. U.S. CITIZENSHIP AND IMMIGRATION SERVICES, Defendant.
MEMORANDUM OPINION AND ORDER
SIDNEY A. FITZWATER SENIOR JUDGE.
Plaintiff's March 10, 2023 motion in limine to exclude defendant's improper third-party evidence is denied. The upcoming hearing under 8 U.S.C. § 1421(c) is to be heard by the court, without a jury. It is settled that a motion in limine is unnecessary in a bench trial. See, e.g., Eterna Benefits L.L.C. v. Hartford Life & Acc. Ins. Co., No. 3:96-CV-3065-D, slip. op. at 10 (N.D. Tex. Apr. 5, 1999) (Fitzwater, J.) (holding that “[a] motion in limine . . . [is] unnecessary in a bench trial,” and denying attorney's fees for time spent preparing motion in limine); Motion in Limine, Black's Law Dictionary (8th ed. 2004) (defining motion in limine and stating, in pertinent part, “If, after the motion is granted, the opposing party mentions or attempts to offer the evidence in the jury's presence, a mistrial may be ordered.” (emphasis added)).
SO ORDERED.