MARYLAND:

IN THE CIRCUIT COURT OF MONTGOMERY COUNTY

AARON WALKER,
Plaintiff
v.

Case No. 398855-V

BRETT KIMBERLIN, ET AL.,

Defendants

PLAINTIFFS REPLY REGARDING HIS MOTION IN LIMINE

NOW COMES the Plaintiff, Aaron J. Walker, Esq., and files this Reply Regarding his
Motion in Limine. He states the following:
1.

Mrs. Kimberlin seems to think that she has only invoked her privilege against

self-incrimination if this Court grants a motion to quash1 based on her invocation. For instance,
in paragraph three of her opposition to Mr. Walkers motion in limine (Dkt. No. 227), she writes:
Plaintiffs request is premature. This Court should rule on the motion to quash,
and specify the grounds for the ruling. It is very possible that this Court will
quash the subpoena on a ground other than the Fifth Amendment.
However, this ignores what the precedents say. For instance, Mr. Walker quoted the following
from Kramer v. Levitt, 79 Md.App. 575, 588 (1988): when a defendant in a civil action pleads
his privilege against self-incrimination in response to discovery requests, he is prohibited from
testifying at trial on matters pertaining to these requests. There is nothing in that passage or that
opinion stating that the plea of ones privilege has to be accepted as the grounds for a motion to
quash or a protective order before the exclusionary rule appliesonly that the person has pled
1

She actually should be asking for a protective order.

the fifth. That sole condition has been satisfied and, with no other grounds offered by Mrs.
Kimberlin in opposition to the motion in limine, this Court should grant Mr. Walkers motion in
limine (Dkt. No. 215). Further, since Mrs. Kimberlin has invoked her privilege in regard to
everything Mr. Walker might have asked her about, she should not be allowed to testify at trial
or in any other part of this case on any topic relevant to this case.

WHEREFORE, based on the foregoing, this Court should grant Mr. Walkers motion in limine,
and provide any other relief that is just and equitable.

Thursday, August 18, 2016

Respectfully submitted,

Aaron J. Walker, Esq.

Va Bar# 48882
P.O. Box 3075
Manassas, Virginia 20108
AaronJW72@gmail.com
(703) 216-0455
(no fax)

CERTIFICATE OF SERVICE
I certify that on the
day of
, 2016, I served copies of this
document on Brett and Tetyana Kimberlin at 8100 Beech Tree Road, Bethesda, Maryland 20817.
In accordance with the Courts order of March 10, 2016 (Dkt. No. 111), I have performed such
service by certified mail and will file the green card when it is returned to me.