Motion Personal Injury

Stated in the most general terms, a proper motion in limine is an evidentiary motion that seeks a determination as to whether to exclude (or admit) evidence before it is offered at trial.

A motion in limine is a motion filed by a party to a lawsuit which asks the court for an order or ruling limiting or preventing certain evidence from being presented by the other side at the trial of the case.

Whereas the motion in limine is based on the trial court's inherent discretion to exclude prejudicial evidence, the motion to suppress is based on the court's duty to exclude evidence which has been im- properly Qbtained.

A pretrial motion asking that certain evidence be found inadmissible, and that it not be referred to or offered at trial.

Motions in limine should be used only for their original purpose to challenge evidence that is so inadmissible and prejudicial that its mere mention in the presence of the jury would lead to an unfair trial.On appeal this ruling of the trial court was affirmed.

Examples of motions in limine would be that the attorney for the defendant may ask the judge to refuse to admit into evidence any personal information, or medical, criminal or financial records, using the legal grounds that these records are irrelevant, immaterial, unreliable, or unduly prejudicial, and/or that their

There is also authority for the proposition that if a motion in limine is denied, the party opposing the evidence can be the first to offer the objectionable evidence without waiving the merits of the evidentiary objection on appeal.