Maryland Motion in Limine

Category:
State:
Multi-State
Control #:
US-00828
Format:
Word; 
Rich Text
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Description

This form is a sample Motion in Limine wherein the request is made that certain previous offenses or alleged offenses of the defendant be barred from being mentioned or presented before the jury. Adapt to fit your circumstances.
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FAQ

Evid. 5-702. (1) whether the witness is qualified as an expert by knowledge, skill, experience, training, or education, (2) the appropriateness of the expert testimony on the particular subject, and (3) whether a sufficient factual basis exists to support the expert testimony.

Rule 5-402. Relevant evidence generally admissible; irrelevant evidence inadmissible. Rule 5-403. Exclusion of relevant evidence on grounds of prejudice, confusion, or waste of time.

Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.

Subject to the limitations in Rule 5-412, an accused may offer evidence of an alleged crime victim's pertinent trait of character. If the evidence is admitted, the prosecutor may offer evidence to rebut it.

Rule 4-271 require criminal cases to be brought to trial within 180 days of the earlier of the entry of appearance of counsel or the first appearance of the defendant before the Circuit Court. The purpose of the rule is to avoid delays in scheduling cases and to eliminate unjustifiable postponements.

Rule 5-404(b) states: Evidence of other crimes, wrongs, or other acts . . . is not admissible to prove the character of a person in order to show action in the conformity therewith.

The purpose of a motion in limine is to prevent the introduction of matters at trial which are irrelevant, inadmissible or prejudicial. Some key statutes to rely on in excluding those types of evidence from being introduced at trial are Evidence Code sections 350 and 352.

A motion in limine is a procedural mechanism that allows litigators to seek to exclude certain evidence from being presented to a jury ? typically evidence that is irrelevant, unreliable, or more prejudicial than probative.

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Maryland Motion in Limine