The primary purpose of a motion in limine is to prevent evidence that is unfairly prejudicial at trial.Ĭourts, litigants, and the rules of evidence recognize that some evidence is so prejudicial that the prejudice cannot be removed by refusing to admit the evidence after a party objects in front of the jury. What is the Purpose of a Motion in Limine? What is the Definition of a Motion in Limine?īlack’s Law Dictionary (Tenth Edition) defines a motion in limine as “A pretrial request that certain inadmissible evidence not be referred to or offered at trial.” My firm is ready to help you and your family.ġ2 Win the Motions in Limine, and You Will Be in a Better Position to Negotiate a Fair Settlement or Win at Trial If you have questions about evidence law or want a free consultation with a top-rated personal injury lawyer in Virginia, call me (80 or 75) or complete the contact form on this page. When you properly use these motions for evidence rulings in advance, you can create leverage in settlement negotiations and trials. Parties in all types of litigation – civil, criminal, and administrative – use motions in limine to strengthen their case or weaken their opponent’s. You can use motions in limine to get a ruling excluding specific evidence (meaning it is neither referred to nor offered at trial) or allow for the introduction and inclusion of evidence. The Latin expression “ in limine” means “at the threshold.” Courts use the term to refer to any motion made before or during the trial to exclude anticipated prejudicial evidence before a party offers or mentions the proof. If you can exclude prejudicial facts, you increase the likelihood of success at the trial. These motions can help you win your case before the trial begins. Ī motion in limine requests a preliminary decision on an evidence objection or an offer of proof. You can use this type of motion to keep the jury focused on what matters: how the defendant’s negligence harmed you and how much money the jury should allow to make you whole. Preventing the defense from mentioning or referring to irrelevant or unfairly prejudicial evidence narrows the disputed issues and avoids confusion.Ī motion in limine is the best method to exclude derogatory information that could bias or prejudice the jury at trial. But it can influence the jury by painting you in a negative light and shifting the jury’s attention from the truth that matters.įortunately the law of evidence recognizes that courts should keep out some facts. The derogatory information is often irrelevant and has nothing to do with your injury lawsuit. This approach is called the “kitchen sink” defense. Many insurance defense attorneys argue every possible defense with the hope that one of the defenses sticks. The insurer will search for every negative piece of information against you and try to use that information to blame you for the car crash or explain why you do not deserve the money damages you seek. These motions allow you to control the evidence and arguments the jury hears when deciding your case.įew things are certain in personal injury litigation.īut there is one thing you can count on. This article discusses motions in limine, focusing on how they can help you with your tort claim (personal injury or workers compensation ). Most plaintiffs and defendants file motions in limine soon after the court schedules a trial.Īnd what impact do the court’s decisions to grant or deny these motions i n limine have on recovering money damages? How to Use Motions in Limine to Exclude Prejudicial Evidence and Introduce Helpful Facts in Personal Injury Cases Motions in Limine: The Plaintiff’s Guide to Using Preliminary Evidence Rulings to Win the Trial
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