Lesson 24: Motions in Limine

Welcome to Lesson 24: Motions in Limine, part of our series on Pre-Trial Procedures. In this lesson, we will explore the concept, purpose, and procedural aspects of motions in limine, an essential tool in civil litigation.

What is a Motion in Limine?

A motion in limine is a pre-trial request that certain inadmissible evidence not be referred to or offered at trial. This motion aims to prevent prejudicial evidence from being presented to the jury.

Purpose of a Motion in Limine

  • Prevent Prejudicial Evidence: To exclude evidence that could unfairly influence the jury.
  • Clarify Admissibility: To determine the admissibility of evidence before the trial begins.
  • Streamline the Trial: To avoid interruptions and ensure a smoother trial process.

When to File a Motion in Limine

Motions in limine are typically filed during pre-trial conferences or shortly before the trial begins. For more information on pre-trial conferences, refer to Lesson 23: Pre-Trial Conferences.

Procedural Requirements

Here is a basic outline of the procedural requirements:

  • File the motion in limine with the court
  • Serve the motion to the opposing party
  • Include a supporting memorandum of law
  • Participate in a hearing, if ordered by the court

Types of Motions in Limine

There are two primary types of motions in limine:

  • Inclusive: Requests to include specific pieces of evidence.
  • Exclusive: Requests to exclude specific pieces of evidence.

Diagram: Motion in Limine Process

graph TD A["File Motion in Limine"] --> B["Serve Motion to Opposing Party"] B --> C["Submit Supporting Memorandum"] C --> D["Hearing (if required)"]

Legal Standards

Courts typically use the following legal standards to decide on motions in limine:

  • Relevance: Whether the evidence is pertinent to the case.
  • Probative Value: Whether the evidence's value outweighs its prejudicial effect.
  • Prejudice: Whether the evidence could unfairly sway the jury.

Practical Considerations

Tip: It is essential to thoroughly prepare and support your motion in limine with relevant case law and evidence. A well-prepared motion can significantly impact the trial's outcome.

Example of a Motion in Limine





    Example Motion in Limine


    
IN THE UNITED STATES DISTRICT COURT

    
FOR THE DISTRICT OF [DISTRICT]

    

        Plaintiff, 

        v. 

        Defendant. 

    

    
MOTION IN LIMINE

    

        The Defendant, [DEFENDANT NAME], by and through undersigned counsel, hereby moves this Court to exclude [SPECIFIC EVIDENCE] from being presented at trial.
    

    

        Introduction and Background

        [DESCRIPTION OF EVIDENCE AND REASONS FOR EXCLUSION]
    

    

        Legal Argument

        [LEGAL PRECEDENTS AND ARGUMENTS SUPPORTING EXCLUSION]
    

    

        Conclusion

        For the foregoing reasons, the Defendant respectfully requests that this Court grant this Motion in Limine.

Conclusion

Motions in limine are an essential aspect of pre-trial procedures that help ensure a fair and efficient trial. They allow parties to address and resolve evidentiary issues before they arise in front of a jury. For further reading on related topics, check out Lesson 25: Settlement and Alternative Dispute Resolution.

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