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A motion in limine is a legal request made before a trial to exclude potentially inadmissible or highly prejudicial evidence. These motions are brought before the trial begins, in the absence of the jury, in order to prevent the need to undo any potential harm caused by the introduction of such evidence.
Common examples of issues raised by motions in limine include: admissibility of 404(b) or other bad character evidence; admissibility of inflammatory photographs or exhibits; admissibility of hearsay under the N.C. Rules of Evidence, U.S. Constitution, Crawford v.
Anytime there is a desire to prevent the other side from attempting to offer damaging evidence which is not properly allowed by the court, a motion in limine should be filed by the lawyer in advance of trial to protect his client's interests.
In U.S. law, a motion in limine (Latin: [?n ?li?m?n?]; "at the start", literally, "on the threshold") is a motion, discussed outside the presence of the jury, to request that certain testimony be excluded. A motion in limine can also be used to get a ruling to allow for the inclusion of evidence.
The purpose of a motion in limine is to prevent the introduction of matters at trial which are irrelevant, inadmissible or prejudicial. Some key statutes to rely on in excluding those types of evidence from being introduced at trial are Evidence Code sections 350 and 352.
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.
2019) (?An appellant who suffers an adverse ruling on a motion to exclude evidence, made in limine, preserves this adverse ruling for post-judgment and appellate review only if he objects to the introduction of the proffered evidence and assigns specific grounds therefor at the time of the trial, unless he has obtained ...
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.