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Motion in Limine PDF

A motion in limine is a motion made before a jury is selected to prevent the opposing party from mentioning or presenting certain facts or evidence to the jury without permission. It allows parties to resolve disputes about admissible evidence privately to avoid disruption at trial. If granted, failure to comply with the order could result in contempt of court or dismissal of the case. An example is provided of a plaintiff filing a motion in limine to prevent the defendant from presenting photos and claiming a low-impact accident could not have caused injuries, as that would be speculative without an expert.

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190 views3 pages

Motion in Limine PDF

A motion in limine is a motion made before a jury is selected to prevent the opposing party from mentioning or presenting certain facts or evidence to the jury without permission. It allows parties to resolve disputes about admissible evidence privately to avoid disruption at trial. If granted, failure to comply with the order could result in contempt of court or dismissal of the case. An example is provided of a plaintiff filing a motion in limine to prevent the defendant from presenting photos and claiming a low-impact accident could not have caused injuries, as that would be speculative without an expert.

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Charles
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Motion in Limine

September 14, 2015 by: Content Team

The Latin term in limine literally means “on the threshold,” or “at the start.” A motion in limine
is a motion made to the court before a jury has been selected in either a civil or a criminal case.
Motions in limine ask the court to order the opposing party, its counsel, and witnesses not to talk
about, or even mention, certain facts or evidence in the presence or hearing of the jury. If the
motion is granted, nobody is allowed to bring up those facts without first obtaining permission
from the court, which must be requested outside the presence of the jury. To explore this
concept, consider the following motion in limine definition.

Definition of Motion in Limine

Pronounced in lim-uh-nee

Adverb, Adjective

1. Motion made at the start of a court case, before the jury has been seated.

Origin of Limine

First Century A.D. Latin

Purpose of a Motion in Limine

In many court cases there is information which, if heard by the jury, might unjustly prejudice the
jury against the defendant. Once this type of information is heard by the jury, it cannot be
unheard, so it is important for the party who might be harmed by such information to ensure it is
kept from the jury. A motion in limine is usually filed before a jury is even selected, though it
may be filed just before the jury is seated at trial. Motions in limine generally question the
admissibility of certain evidence, though they may also question the qualifications of an expert
witness.

The purpose of a motion in limine is to determine whether certain items of evidence are
irrelevant or unfairly prejudicial. Evidence that the judge determines is inadmissible must not
make its way, by any means, to the jury. This includes directly offering the evidence as proof,
making statements alluding to the evidence, or asking questions regarding the evidence within
the hearing of the jury.

Motion in Limine Regarding Evidence

Relevant evidence is that which tends to prove an important fact of the case. While it would
seem that any evidence that has to do with any facts of a case should be heard by the jury, there
may be certain evidence that would confuse the issues, mislead the jury, or create unfair
prejudice. In this circumstance, a motion in limine may be used to ask the judge to determine
whether the value of that evidence is outweighed by its potential to have a harmful effect.

Motion in Limine Regarding Expert Witnesses

A party to a court case may use a motion in limine to question the authority or expertise of an
individual the opposing party plans to call as an expert witness. In such a case, the judge may be
asked to discount the witness’ ability to offer expert opinion, or to preclude him from testifying
about speculative or unsubstantiated topics.

Motion in Limine to Avoid Disruptions at Trial

It is not uncommon for attorneys to voice objections to questions, statements, and evidence
during trial. Doing this too many times, however, can have the effect of convincing the jury that
information is being hidden or withheld. This may bring into question the credibility of that party
or his counsel. Filing a motion in limine before the jury is seated allows the parties to settle
disputes about evidence, witness testimony, and expert witnesses in private, avoiding disruption
during trial.

Effect of a Granted Motion in Limine

When a judge grants a motion in limine, the order effectively precludes all references to the
inadmissible evidence. A party who fails to comply with the order granted in the motion in
limine may be held in contempt of court. In the larger picture, however, failure to comply with
such an order may end in dismissal of the party’s case.

Example of Motion in Limine to Preclude Evidence

When slowing to make a left-hand turn, Sue’s car is rear-ended by another driver. While Sue’s
car sustained only moderate damage, she has had neck pain and headaches every day since the
accident. Sue has filed a civil lawsuit against the other driver, Tonya, for damages to her car,
medical bills, and pain and suffering.

Sue’s attorney learns that Tonya plans on presenting photographs of the damages, or lack
thereof, to both vehicles, and claim that such a low-impact accident could not cause the injuries
of which Sue is complaining. Sue’s attorney files a motion in limine requesting that these photos,
and this line of testimony by the defendant, not be allowed at the trial, as attempting to classify
the accident as a “fender-bender” could be unfairly prejudicial.

The grounds for this request hinges on the legal requirement that expert testimony is required
when the topic is related to a science or profession that is beyond the knowledge of the average
person. This means that any evidence which, without the instruction provided by an expert,
would require the jury to engage in “sheer speculation” to reach a conclusion. Tonya’s
presentation of photographs and claims that the level of impact she experienced could not cause
significant injury is speculative, and could not be confirmed without an expert. Such evidence
may not be submitted to the jury.
Related Legal Terms and Issues

 Civil Lawsuit – A lawsuit brought about in court when one person claims to have suffered a loss
due to the actions of another person.
 Contempt of Court – a
 Damages – A monetary award in compensation for a financial loss, loss of or damage to
personal or real property, or an injury.
 Defendant – A party against whom a lawsuit has been filed in civil court, or who has been
accused of, or charged with, a crime or offense.
 Inadmissible – Not allowed or tolerated.
 Plaintiff – A person who brings a legal action against another person or entity, such as in a civil
lawsuit, or criminal proceedings.
 Prejudicial – Tending to injure or impair, detrimental or harmful to someone or something.

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