WHAT IS A MOTION IN LIMINE? | A LAWYER EXPLAINS |
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 Published On Jul 2, 2016

IN THIS VIDEO WE DISCUSS, WHAT IS A MOTION IN LIMINE? MOTION IN LIMINE MEANING EXPLAINED | CIVIL LITIGATION⚖️ #LAWYER #LAWFIRM
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MOTIONS IN LIMINE

A Motion in Limine is a request by a party to the Court for an order to limit or prevent certain evidence from being presented by the other side at Trial. Generally, this Motion is filed before Trial, but a Motion may also be presented during the Trial, before the particular evidence is presented to the Jury. The purpose of a Motion in Limine is to prevent irrelevant, inadmissible, or prejudicial evidence from being presented to the Jury.

Most objections to the admissibility of evidence are asserted at the time the evidence is offered at Trial, allowing the Jury to hear the question and the witness’ answer prior to the objection or even allowing the party’s Attorney to refer to the evidence at issue in the opening statement. A Motion in Limine filed in advance of the Trial completely prevents the evidence from being presented in front of the Jury whatsoever.

A common Motion in Limine that is filed prior to Trial will seek to exclude evidence of past criminal convictions, which are not admissible unless they are felony convictions within the last ten (10) years. In the absence of the Motion in Limine, the Defense Counsel may question the Plaintiff about misdemeanor convictions and therefore present evidence of a criminal record to the Jury.  An objection can be made at the time of the questioning.  The Judge may sustain the objection and instruct the Jury to disregard the question.  However, the damage has been done because the Jury cannot possibly ignore what they have already heard. The better Trial strategy for Plaintiff’s Counsel is to file a Motion in Limine preventing such questions at Trial.

Furthermore, even though evidence may be admissible, the prejudicial nature may allow it to be excluded.  For example, gruesome photographs of the legitimate nature and extent of the Plaintiff’s injuries may be considered to unduly influence the Jury’s decision in favor of Plaintiff. A Motion in Limine may be granted to exclude such evidence.

A Motion in Limine may also challenge an expert witness’ qualifications therefore preventing the expert witness from giving an opinion to the Jury.  The Court will set a hearing and decide this issue prior to Trial.
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00:00 Introduction
00:10 Motion In Limine
02:36 Ending

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