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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.
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.
Let's start with a motion in limine included in virtually every set defense attorneys in Georgia file: a prohibition on so-called Golden Rule arguments, in which a trial attorney asks the jury to place themselves in the plaintiff's shoes.
They are very different. A motion in limine is a motion or usually a list of motions that are brought in when a case is going to jury trial. Most DUI cases do not end up in jury trials, therefore, most DUI cases do not have motions in limine.
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.
The most common use of the in limine motion is to exclude irrelevant and/or prejudicial evidence.
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 ...