Free Motion in Limine - District Court of Arizona - Arizona

Robert M. Frisbee #018779 FRISBEE & BOSTOCK, PLC 2 1747 Morten Ave. E. Suite 108 Phoenix, Arizona 85020 3 Phone: (602) 354-3689 [email protected] 4 Attorneys for Defendant Greg Hancock
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA MERITAGE CORPORATION, a Maryland corporation Plaintiff, vs. ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

NO. CIV 04-0384-PHX-ROS

GREG HANCOCK, an individual; RICK HANCOCK, an individual; and 12 RICK HANCOCK HOMES, L.L.C., an Arizona Corporation,
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DEFENDANT GREG HANCOCK'S MOTION IN LIMINE TO EXCLUDE THE DEPOSITION TESTIMONY OF LINDA HANCOCK

Defendants.
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Defendant Greg Hancock, by and through undersigned counsel, hereby moves the
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Court for its Order precluding the deposition testimony Greg Hancock's ex-wife, Linda
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Hancock. In its witness list Meritage states that it will offer the deposition testimony of
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Linda Hancock "about [Greg Hancock's] valuation of Olympic and his motives in
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structuring the entities." This testimony is claimed to be offered pursuant to FRE 804(b)(1).
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While theoretically fitting within the type of evidence envisioned by FRE 804(b)(1),
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the proffer runs afoul of FRE Rule 501, which preserves state privileges. A.R.S. § 12-2232
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provides that a wife "shall not, during the marriage or afterward, without the consent of the
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other, be examined as to any communications made by one to the other during the marriage
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[except in a divorce between them, or other matters not applicable here]." Clearly, evidence
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Case 2:04-cv-00384-ROS

Document 521

Filed 08/28/2007

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about valuation or motives could only have come about through "communication," and the use of and ex-wife's deposition testimony is the equivalent of "being examined." The testimony sought to be offered is apparently, "Hancock told his wife that Olympic was designed . . ." Proposed Stipulation and Undisputed Facts 7.1.3. This is precisely the kind of testimony prohibited by § 12-2232 and FRE Rule 501. It must be excluded, and Meritage and its attorneys should be sanctioned for compelling defendants to spend any time on it. RESPECTFULLY SUBMITTED this 28th day of August, 2007.

FRISBEE & BOSTOCK, PLC /s/ Robert M. Frisbee Robert M. Frisbee Attorney for Greg Hancock

The foregoing Motion in Limine was electronically filed and served this 28th day of August, 2007, and copy 16 thereof mailed to the Honorable Judge Silver.
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/s/ Robert M. Frisbee