South Carolina Motion in Limine - Civil Trial

State:
Multi-State
Control #:
US-PI-0058
Format:
Word; 
Rich Text
Instant download

Description

This form is a motion in limine requesting that the court issue a ruling prohibiting the defense from disclosing certain facts to the jury in an personal injury case.
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FAQ

A motion in limine Defined A motion, heard in advance of jury selection, which asks the court to instruct the defendant (or plaintiff), its counsel and witnesses not to mention certain facts unless and until permission of the court is first obtained outside the presence and hearing of the jury.

?'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 never discussed with the jury present, and is always decided by the judge on the case. The reasons for the motions are wide, but most often they are used in a criminal trial to shield the jury from information concerning the defendant that could be unfairly prejudicial to him.

The most common use of the in limine motion is to exclude irrelevant and/or prejudicial 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.

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.

(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.

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South Carolina Motion in Limine - Civil Trial