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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.
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.
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 phrase in limine in Latin means ?on the threshold.? A motion in limine is used to prohibit or limit certain testimony or evidence at trial. A motion in limine in a personal injury case is a motion typically made before the trial starts but can be made at any time before or during a trial.
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.
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.
A motion in limine is a pre-trial motion where you and your attorney are seeking to exclude certain evidence from trial. A motion in limine is similar in effect to a motion to suppress, except the way evidence is excluded is slightly different.