Motion In Limine Louisiana Format
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FAQ
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.
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.
Your motion in limine should be broken into two sections: (1) Factual Background and (2) Argument. The ?Factual Background? section of your Memorandum should include all of the facts necessary for the judge to resolve every issue raised in your motion. appropriate, include procedural posture, as well.
Rule 404(a) provides, in pertinent part, that "Evidence of a person's character or a trait of his character is not admissible for the purpose of proving that he acted in conformity therewith on a particular occasion, except: (1) Character of an accused Evidence of a pertinent trait of his character offered by an ...
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).
