Civil procedure

Motion in Limine

A motion in limine asks the judge, before trial starts, to rule that certain evidence may not be mentioned in front of the jury.

The point is prevention. Once a jury hears that the defendant has a prior conviction or that an insurer is paying, an instruction to disregard it is a weak remedy, so the parties fight about admissibility in advance.

Rulings are often preliminary. A judge may defer until the evidence comes up in context, and a ruling can be revisited if trial testimony opens the door to something previously excluded.

These filings are also a preview of the trial. Reading both sides' motions in limine tells you what evidence each party fears most, which is usually a better guide to the real dispute than the pleadings.

How it appears on a docket

MOTIONS IN LIMINE filed by both parties. Plaintiff's motion to exclude reference to prior settlements is GRANTED; defendant's motion regarding the safety audit is DEFERRED to trial.

Governing rule

Fed. R. Evid. 103, 403

Related terms

  • Bench TrialA bench trial is a trial decided by the judge alone, with no jury.
  • VerdictA verdict is the jury's decision on the questions it was asked to answer, such as liability and damages.

More on civil procedure

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