![]() ![]() Sometimes, the evidence which is sought to be excluded by a motion in limine might otherwise be admissible in court, but because of the nature of its content, might be so prejudicial to the other side as to warrant its exclusion.Īn example of this occurs when gruesome photographs are offered by one of the parties. The judge can sustain an objection against allowing the statement into evidence and instruct the jury to disregard the question, but as humans, they cannot really ever ignore such evidence.Thus, the plaintiff's attorney will want to file a motion in limine seeking to prevent the other side from even asking the question at trial. If a motion in limine is not filed and granted before trial, and the defense lawyer asks the plaintiff about a conviction of a misdemeanor, the jury will know that the plaintiff has a criminal background. Once the evidence is offered, the "cat is out of the bag" and cannot be put back in.įor instance, in most jurisdictions, past criminal convictions are not admissible unless they are felony convictions within the last 10 years. The reason these motions are filed in advance of the trial is to prevent the other party from offering the evidence in front of the jury. Thus, the jury usually hears the question and the witness' answer before the objection is made or hears the other lawyer discuss this evidence in his opening statement. Most objections to the admissibility of evidence are made when the evidence is offered at trial. The purpose of this motion is to prevent the interjection of matters which are irrelevant, inadmissible or prejudicial. Generally, this motion is filed in advance of the trial, but a motion may be entertained by the court during a trial, before the evidence in question is offered. A motion in limine is a motion filed by a party to a lawsuit which asks the court for an order or ruling limiting or preventing certain evidence from being presented by the other side at the trial of the case. ![]()
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