In limine

Motion in limine (Latin: "at the outset") is a motion, raised before or during trial, to exclude the presentation of certain evidence to the jury. If a question is to be decided in limine, it will be for the judge to decide. Usually it is used to shield the jury from possibly inadmissible and harmful evidence.

The evidence subject to motion in limine has to be so harmful to a fair trial that merely mention it to the jury would be highly prejudicial and unable to be remedied by the judge's instruction to disregard.

Example

For example, the defendant may ask the judge to limined out personal medical, criminal or financial records if these records are irrelevant. If the motion is granted, then evidence regarding the conviction would be prohibited from the trial. However, these records may still be used to against this defendant in a future case if they are relevant. The defendant also cannot attack the validity of said evidence.

If the motion is granted and the opposing party fails to obey, the judge may order a mistrial.

Governin laws

In the U.S., most motions in limine in federal courts are governed by the Federal Rules of Evidence . Some others are arised under Federal Rules of Civil Procedure 37(c)(1) as sanctions for failure to comply with discovery. However, a court may be reluctant to grant to exclude a piece of evidence just because of this reason.

See also

• Daubert Standard