Motion To Limine

A motion in limine is a powerful weapon for advocates that can alter the entire makeup of the case. This type of motion is a pretrial request of the court to rule on the admissibility of a certain piece of evidence.

Generally, a party in a lawsuit files a motion in limine to exclude evidence from a trial because the evidence isn't relevant or because its prejudicial effect substantially outweighs its probative value. You can oppose the motion in limine by drafting and filing your own motion in opposition.

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.

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 motion in limine is a powerful weapon for advocates that can alter the entire makeup of the case. This type of motion is a pretrial request of the court to rule on the admissibility of a certain piece of evidence.

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.

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.

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.