Motion in Limine
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Motion In Limine Template Other Form Names
Motion In Limine Example FAQ
: on the threshold : as a preliminary matter used for motions regarding the admissibility of evidence brought up at a pretrial hearing.
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.
Motions in limine should be used only for their original purpose to challenge evidence that is so inadmissible and prejudicial that its mere mention in the presence of the jury would lead to an unfair trial.On appeal this ruling of the trial court was affirmed.
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.
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.
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.
A pretrial motion asking that certain evidence be found inadmissible, and that it not be referred to or 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.