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In a motion in limine, a defendant asks the court to exclude highly prejudicial evidence (for example, the defendant's criminal history) or evidence that violates the rules of evidence.
A motion to exclude evidence that is based on rules of evidence, in advance of the trial, is more commonly called a motion in limine. In federal courts, Rule 41(h) of the Federal Rules of Criminal Procedure governs motions to suppress.
?'Denial of a motion in limine does not necessarily mean that all evidence contemplated by the motion will be admitted at trial. Denial merely means that without the context of trial, the court is unable to determine whether the evidence in question should be excluded.
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.
Connecticut Motions in Limine covers critical evidence motions that, if granted, can end a case early. The text covers issues such as excluding expert opinions, scientific tests, and improper discovery. It contains 10 comprehensive chapters of relevant cases, statutes, and sample motions.
There are many ways that a motion in limine could cause an off-ramp to the criminal procedure. One way is if the motion is granted and the evidence is excluded from trial. This could lead to the prosecution and defense negotiating a plea deal.
A common motion in limine is the motion to exclude evidence not disclosed or produced during discovery. This motion is usually broadly stated to exclude all documents and evidence not produced in discovery.
Exclusion of evidence in a motion to suppress is based on a violation of either the United States or Ohio Constitutions. By contrast, exclusion of evidence in a motion in limine is based on a violation of the Rules of Evidence or a statute.