Tennessee Motion in Limine

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Multi-State
Control #:
US-00828
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This form is a sample Motion in Limine wherein the request is made that certain previous offenses or alleged offenses of the defendant be barred from being mentioned or presented before the jury. Adapt to fit your circumstances.
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FAQ

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.

At the request of a party the court shall order witnesses, including rebuttal witnesses, excluded at trial or other adjudicatory hearing. In the court's discretion, the requested sequestration may be effective before voir dire, but in any event shall be effective before opening statements.

At the request of a party the court may order witnesses excluded so that they cannot hear the testimony of other witnesses, and it may make the order of its own motion.

This sequestration of witnesses, commonly referred to as ?calling for the rule,? is a requirement that all witnesses except the prosecutor and the defendant leave the courtroom and wait outside for their turn to testify as found in Rule 615, Tennessee Rules of Evidence.

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

At the request of a party the court shall order witnesses, including rebuttal witnesses, excluded at trial or other adjudicatory hearing. In the court's discretion, the requested sequestration may be effective before voir dire, but in any event shall be effective before opening statements.

As submitted by the Court, Rule 611(b) provided: A witness may be cross-examined on any matter relevant to any issue in the case, including credibility. In the interests of justice, the judge may limit cross-examination with respect to matters not testified to on direct examination.

Another way to narrow your motion in limine is to highlight statements, arguments, or lines of questioning by opposing counsel that are in essence "Golden Rule" arguments due to the suggestion that a witness put themselves in the plaintiff's position or the implication that the defendant's conduct endangered the ...

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.

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Tennessee Motion in Limine