Louisiana Motion In Limine
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How to fill out Louisiana Motion For Discovery?
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FAQ
The motion in limine is an important device for securing a fair trial, enabling the trial court to prevent prejudicing the jury with inflammatory, irrelevant, or potentially inadmissible evidence. See 21 Wright & Graham, supra, Federal Practice & Procedure?Evidence 2d § 5037.10 (citing cases).
Stated in the most general terms, a proper motion in limine is an evidentiary motion that seeks a determination as to whether to exclude (or admit) evidence before it is offered at trial.
For example, if you are involved in a DUI accident and discover that there is a witness who is inflating the details of the case, then your attorney may create a motion in limine that requests that that witnesses' testimony be thrown out before the case proceeds.
A motion in limine is decided by the judge outside of the presence of the jury. The purpose of a motion in limine is to address potentially prejudicial, irrelevant, or inadmissible information that could unduly influence a jury or hinder the fair administration of justice.
Importantly, motions in limine are generally made before a trial begins, and always argued outside the presence of the jury. Thus, a motion in limine allows key evidentiary questions to be decided without the jury present and, if the motion is granted, will preclude the jury from ever learning of the disputed evidence.