What is a Motion in Limine?

Administrator
Site Admin
Posts: 11757
Joined: Tue Jul 26, 2005 4:15 am

What is a Motion in Limine?

Postby Administrator » Mon Sep 29, 2014 11:44 pm

What is a Motion in Limine? Reply with quote

--------------------------------------------------------------------------------

A motion in limine is a preliminary motion that serves a gate-keeping function and permits Your Honor to eliminate from further consideration evidentiary submissions that clearly would be inadmissible. Jonasson v. Lutheran Child & Family Servs., 115 F.3d 436, 440 (7th Cir. 1997); Luce v. United States, 469 U.S. 38, 41 n.4, 105 S.Ct. 460, 83 L.Ed.2d 443 (1984). “The prudent use of the in limine motion sharpens the focus of later trial proceedings and permits the parties to focus their preparation on those matters that will be considered...” Jonasson, 115 F.3d at 440. A motion in limine avoid the inevitable drawback of having the trial process interrupted with unscheduled objections and having the jury shuffled in and out of the courtroom to address matters which can be handled pre-trial. Further, it avoids the prejudice and affect of the jury hearing improper remarks, questions, argument and objections arising therefrom thereby causing the jury to focus attention and emphasis to evidence, testimony and commentary sought to be made and introduced in their presence. A motion in limine helps keep the trial moving by resolving issues in advance of and before reaching the jury. It necessarily results in fewer objections, offers of proof, motions to strike, and curative and limiting instructions during trial. The granting of a motion in limine is within the sound discretion of the trial judge. United States v. Jackson, 757 F.2d 1486, 1491 (4th Cir. 1985); Cole v. Bertsch Vending Co., Inc., 766 F.2d 327, 20 Fed. R. Evid. Serv. 479 [7th Cir. 1985] (Ind.).
David A. Szwak
Bodenheimer, Jones & Szwak, LLC
416 Travis Street, Suite 1404, Mid South Tower
Shreveport, Louisiana 71101
318-424-1400 / Fax 221-6555
President, Bossier Little League
Chairman, Consumer Protection Section, Louisiana State Bar Association

Return to “Evidentiary Issues in FCRA Cases”

Who is online

Users browsing this forum: No registered users and 4 guests