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(in lim-in-ay) from Latin for "at the threshold," referring to a motion before a trial begins. A motion to suppress illegally obtained evidence is such a motion.
An in limine motion is distinct from a motion to strike or a motion for summary judgment. In a motion to strike, some evidence has been referred to or admitted. A motion in limine is typically filed before such evidence has even been presented.
A motion in limine asks the Court to decide whether specific evidence can be used at trial. Under Federal Rule of Civil Procedure 59(e), after entry of judgment, either party may file a motion to alter or amend the judgment if the party believes a mistake was made in the judgment that could be corrected by changing it.
If an application is made to produce the information under Rule 26(g), the party resisting discovery bears the initial burden to show the court that the information is not, in fact, "reasonably accessible because of undue burden or expense." The requesting party must then show "good cause" why the information should be ...
Examples of motions in limine include a request by the defendant's attorney to exclude personal information, such as medical, criminal, or financial records, from being admitted as evidence. The attorney may argue that these records are irrelevant, immaterial, unreliable, or unduly prejudicial.
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.
Most motions in limine are filed by a party to limit or prevent certain evidence from being presented by opposing counsel at the time of trial. The purpose of a motion in limine is to prevent the introduction of matters at trial which are irrelevant, inadmissible or prejudicial.
You can oppose the motion in limine by drafting and filing your own motion in opposition. The judge will probably hold a brief hearing and then rule on to the motion.