A Motion to Limine is a legal document that allows a party, typically the plaintiff, to request that the court exclude certain evidence or testimony from being presented during a trial. This form is specifically designed for use in Alabama and is tailored to address issues that may arise regarding the admissibility of evidence. Unlike other legal forms, a Motion to Limine focuses on preemptively preventing potentially prejudicial material from influencing the jury before the trial begins.
This form is typically used in situations where a party believes that certain evidence presented in court could unfairly influence the jury or is not relevant to the case at hand. For example, a plaintiff might use a Motion to Limine to exclude evidence related to past behavior or character witnesses that are not pertinent to the trial. This motion is usually filed well before trial proceedings begin to ensure that the court has adequate time to make a ruling.
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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.
The term in limineor on the thresholdmisleadingly suggests that any motion filed shortly before the start of trial is a motion in limine.There are many advantages to an advance ruling on the evidentiary issues outside the presence of the jury, and motions in limine are a powerful tool for astute trial attorneys.
There is also authority for the proposition that if a motion in limine is denied, the party opposing the evidence can be the first to offer the objectionable evidence without waiving the merits of the evidentiary objection on appeal.
Examples of motions in limine would be that the attorney for the defendant may ask the judge to refuse to admit into evidence any personal information, or medical, criminal or financial records, using the legal grounds that these records are irrelevant, immaterial, unreliable, or unduly prejudicial, and/or that their
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.
Motions in limine can be made verbally and must take place outside the presence of the jury.Please note that because the phrase in limine is a direct foreign language borrowing, it is appropriate to present it in italics.