Deciding what the jury will never hear, before the trial starts.
Esshaki Legal Media TeamCurrent as of January 2025
A motion in limine asks the court to rule in advance on the admissibility of
evidence, usually to exclude it. The purpose is to avoid the unringable bell of
an objection sustained after the jury has heard the answer.
Typical subjects. Evidence of insurance, subsequent remedial measures,
settlement negotiations, prior bad acts, financial condition or wealth, expert
opinions outside a report, undisclosed witnesses or exhibits, and references to
rulings on other motions.
Rulings are often provisional. A court may defer, ruling that the issue
depends on trial context. Counsel must then be alert to raise it again at the
moment it arises, because a deferred ruling preserves nothing on its own.
Preservation. A definitive ruling generally preserves the issue without
renewal at trial; a conditional one does not. Knowing which you have received
matters for appeal, and asking the court to clarify is not impertinent.
Do not over-file. Twenty in limine motions, most of them restating the rules
of evidence, dilute the two that matter and irritate the judge before openings.
Offers of proof. When evidence is excluded, the proponent must make a record
of what it would have shown. Without it, an appellate court has nothing to
assess and the point is lost.