![]() ![]() If the information that may be declared has less probative value that is outweighed by prejudice to the party, the party’s attorney may file a motion of this nature. Other reasons to advance a motion of this nature include if testimony or records are not relevant, material or reliable to the action. Such evidence could be as to the plaintiff’s medical records. A plaintiff’s attorney in a civil case may also file a motion of this nature to exclude other prejudicial information. For example, evidence pertaining to the defendant’s prior criminal history. In a criminal case, the motion may be used to exclude prejudicial evidence during trial. ![]() When Motions in Limine May Be AdvancedĪn attorney may file a motion in limine for a variety of reasons. If the opposing party brings up this information, a mistrial may be declared. If the judge grants the motion to exclude the evidence, testimony or records pertaining to the excluded information may not be introduced at trial. The judge makes a decision outside the jury’s presence regarding the information that is trying to be excluded. The filing of a motion in limine must comply with the applicable court rules and rules of evidence.Īfter the party seeking the motion files it, the opposing party has an opportunity to respond to it. During this pretrial filing, the moving party asks the court to exclude evidence that may later be offered at trial. It is filed before trial, before even an opening statement is made in the case. ![]() It may be sought at state trial courts or federal courts. Motion in Limine BasicsĪ motion in limine seeking to exclude evidence may be used in a criminal trial or civil litigation. It is important to understand when this type of motion can be made and how it may impact a lawsuit. If the judge grants a motion of this nature, it may have a significant impact on the outcome of the case. A motion in limine is a request by a party to exclude certain testimony during the trial of a case. ![]()
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