Motion In Limine

It is a motion filed by either the prosecution or defense before a trial begins, asking that the opposing counsel and their witnesses not mention or elicit responses regarding matters that are inadmissible and prejudicial.

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.

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.

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.

: on the threshold : as a preliminary matter used for motions regarding the admissibility of evidence brought up at a pretrial hearing.

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.

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.