Motion in limine

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(Redirected from
In limine
)

In

federal
levels.

Black's Law Dictionary (8th ed. 2004) defines "motion in limine" as "a pretrial request that certain inadmissible evidence not be referred to or offered at trial." They are made "preliminary", and are presented for consideration of the judge, arbitrator or hearing officer, to be decided without the merits being reached first.[1]: 791 

The reasons for the motions are wide and varied, but probably the most frequent use of the motion in limine in a criminal trial is to shield the jury from information concerning the defendant that could possibly be unfairly prejudicial to the defendant if heard at trial.[2] Other reasons arise under the Federal Rules of Civil Procedure for failure to comply with discovery.[3]

Other proper subjects for motions in limine stem from the court's power to "Provide for the orderly conduct of proceedings before it"[4] and to "[c]ontrol its process and orders so as to make them conform to law and justice".[5][6] These procedural motions in limine may include motions to control the conduct of the prosecutor,[7] motions for separate trials on counts, prior convictions, and/or enhancements,[8] motions to control the courtroom environment,[9] motions to control jury conduct,[10] and other such motions.

A motion in limine is distinct from a motion for a protective order, which is a request to prevent the

motion to suppress
, which can be raised by the defense in American criminal trials to prevent the admission of evidence that was obtained unconstitutionally.

Governing laws

Most motions in limine in federal courts are governed by the Federal Rules of Evidence. Some others arise under the Federal Rules of Civil Procedure for failure to comply with discovery.[3]

Example

Examples of motions in limine would be that the attorney for the

probative
value is outweighed by the prejudicial result to the defendant, or that the admittance of such information or evidence would otherwise violate one of the court's rules of evidence. A party proffering certain evidence can also ask for the admission of certain information or evidence via a motion in limine.

If the motion in limine to exclude evidence is granted, then the excluded records are prohibited from being presented without specific approval from the judge at the time the party wants to offer the evidence. A reference to such "highly prejudicial" evidence contrary to the tribunal's order is a ground for a

mistrial.[1]
: 1033 

See also

References

  1. ^ a b Garner, Brian A., ed. (1999). "In limine". Black's Law Dictionary (7th ed.). St. Paul, Minnesota: West Group.
  2. ^ LII Staff (30 November 2011). "Federal Rules of Evidence". LII / Legal Information Institute.
  3. ^ a b LII Staff (30 November 2011). "Federal Rules of Civil Procedure". LII / Legal Information Institute.
  4. ^ "California Code of Civil Procedure §128(a)(3), for example". leginfo.legislature.ca.gov. Retrieved 2019-08-24.
  5. ^ "California Code of Civil Procedure §128(a)(8)". leginfo.legislature.ca.gov. Retrieved 2019-08-24.
  6. ISBN 978-1790162826
    .
  7. ISBN 978-1790162826
    .
  8. ISBN 978-1790162826
    .
  9. ISBN 978-1790162826
    .
  10. ISBN 978-1790162826
    .
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