Legal Definitions - Motion In Limine

A Motion In Limine (pronounced "in LIM-in-ay") is a formal request made to a judgebefore a trial begins. Its purpose is to ask the judge to exclude certain evidence or testimony from being presented or even mentioned during the trial. The party making the motion believes that this evidence is either irrelevant, unfairly prejudicial, or otherwise inadmissible under the rules of evidence, and that merely hearing about it could unfairly influence the jury.

Here are some examples to illustrate how a Motion In Limine works:

• Personal Injury Lawsuit: Imagine a person is suing a driver for injuries sustained in a car accident. The defendant's lawyer discovers that the injured person had a minor, unrelated slip-and-fall accident five years ago, which resulted in a small insurance claim. The defendant's lawyer might want to bring this up to suggest the plaintiff is prone to accidents or frequently seeks compensation.

  The plaintiff's lawyer would likely file a Motion In Limine to prevent any mention of the prior slip-and-fall accident. They would argue that this past incident is irrelevant to the current car accident injuries and could unfairly prejudice the jury, making them think the plaintiff is a "serial litigant" rather than focusing on the facts of the current case. The judge would then decide if the old accident is truly irrelevant and more harmful than helpful to the jury's understanding.

• Criminal Trial (Assault): A defendant is on trial for assault. The prosecution has evidence that the defendant was once arrested for a minor public disturbance offense seven years ago, for which they were never convicted. This past arrest has no direct connection to the current assault charge.

  The defense attorney would file a Motion In Limine to prevent the prosecution from mentioning the old arrest. The argument would be that this prior, unproven incident is irrelevant to whether the defendant committed the current assault and could unfairly paint the defendant as a "troublemaker" in the eyes of the jury, even though it doesn't prove guilt in the current case. The judge would then rule on whether this past arrest is admissible.

• Business Contract Dispute: Two companies are in a legal battle over a breach of contract. During discovery, one company's legal team uncovers information about the opposing company's CEO having recently filed for personal bankruptcy due to unrelated business ventures. This personal financial situation has no direct bearing on the terms or breach of the contract between the two companies.

  The opposing company's lawyer would file a Motion In Limine to prohibit any mention of the CEO's personal bankruptcy during the trial. They would argue that this information is irrelevant to the contract dispute and could unfairly bias the jury against their company by making the CEO seem financially irresponsible, distracting from the actual legal issues of the contract. The judge would then decide if this personal financial information is truly irrelevant and too prejudicial to be allowed.