In limine
Encyclopedia
Motion in limine is a legal written "request" or motion
to a judge which can be used for civil or criminal proceedings and at the State or Federal level. A frequent use is at a pre-trial hearing or during an actual trial
requesting that the judge
rule that certain testimony regarding evidence or information may be included or excluded from the trial. The motion is always discussed outside the presence of the jury
and always decided by a judge. 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 which could possibly be unfairly prejudicial to him if heard at trial. Some others arise under the Federal Rules of Civil Procedure
for failure to comply with discovery
.
A motion in limine is used to get a ruling to allow for the inclusion of evidence, not only to get a ruling as to whether or not evidence will be precluded from trial.
may ask the judge to refuse to admit into evidence any personal information, also any medical, criminal or financial records using the legal grounds that these records are irrelevant, immaterial, unreliable or unduly prejudical and/or that their 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. This tactic can be especially useful if the admissibility of certain evidence critical to that opposing party's case is in doubt.
If the motion in limine to exclude evidence is granted, then the excluded records would be prohibited from being presented without specific approval from the judge at the time the party wants to offer the evidence.
(in particular, FRE 403). Some others arise under the Federal Rules of Civil Procedure
for failure to comply with discovery
.
Motion (legal)
In law, a motion is a procedural device to bring a limited, contested issue before a court for decision. A motion may be thought of as a request to the judge to make a decision about the case. Motions may be made at any point in administrative, criminal or civil proceedings, although that right is...
to a judge which can be used for civil or criminal proceedings and at the State or Federal level. A frequent use is at a pre-trial hearing or during an actual trial
Trial
A trial is, in the most general sense, a test, usually a test to see whether something does or does not meet a given standard.It may refer to:*Trial , the presentation of information in a formal setting, usually a court...
requesting that the judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
rule that certain testimony regarding evidence or information may be included or excluded from the trial. The motion is always discussed outside the presence of the jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
and always decided by a judge. 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
Shield
A shield is a type of personal armor, meant to intercept attacks, either by stopping projectiles such as arrows or redirecting a hit from a sword, mace or battle axe to the side of the shield-bearer....
the jury from information concerning the defendant which could possibly be unfairly prejudicial to him if heard at trial. Some others arise under the Federal Rules of Civil Procedure
Federal Rules of Civil Procedure
The Federal Rules of Civil Procedure govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has 7 months to veto the rules promulgated or they become part of the...
for failure to comply with discovery
Discovery (law)
In U.S.law, discovery is the pre-trial phase in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the opposing party by means of discovery devices including requests for answers to interrogatories, requests for production of documents, requests for...
.
A motion in limine is used to get a ruling to allow for the inclusion of evidence, not only to get a ruling as to whether or not evidence will be precluded from trial.
Example
Examples of the type of motions in limine would be that the attorney for the defendantDefendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
may ask the judge to refuse to admit into evidence any personal information, also any medical, criminal or financial records using the legal grounds that these records are irrelevant, immaterial, unreliable or unduly prejudical and/or that their 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. This tactic can be especially useful if the admissibility of certain evidence critical to that opposing party's case is in doubt.
If the motion in limine to exclude evidence is granted, then the excluded records would be prohibited from being presented without specific approval from the judge at the time the party wants to offer the evidence.
Governing laws
In the U.S., most motions in limine in federal courts are governed by the Federal Rules of EvidenceFederal Rules of Evidence
The is a code of evidence law governing the admission of facts by which parties in the United States federal court system may prove their cases, both civil and criminal. The Rules were enacted in 1975, with subsequent amendments....
(in particular, FRE 403). Some others arise under the Federal Rules of Civil Procedure
Federal Rules of Civil Procedure
The Federal Rules of Civil Procedure govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has 7 months to veto the rules promulgated or they become part of the...
for failure to comply with discovery
Discovery (law)
In U.S.law, discovery is the pre-trial phase in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the opposing party by means of discovery devices including requests for answers to interrogatories, requests for production of documents, requests for...
.