Sample Motions In Limine

Below are sample motions in limine we have filed in our personal injury cases. These may help you if presented with an issue in your motion in limine similar to the one presented in our case.

Our lawyers have deleted the name of the client, court, or witnesses in specific instances for confidentially. (Some of our clients have also kindly agreed to allow us to include their names.) The substance of the motion in limine remains intact.

Miller & Zois is committed to the continued education of other personal injury attorneys who are fighting on behalf of injured clients. If you have any motions that you believe would be of assistance to other attorneys representing injured victims, please forward them to us, and we will, if appropriate, put them up here.

You can also find other sample motions in tort cases and even more motions in limine here.

Expert-Related Motions in Limine

Other Motions in Limine

Defense Motions in Limine

  • Preclude doctor testifying against a nurse
  • Preclude expert testifying about future surgeries
  • Preclude evidence defendant driver was underinsured or even mentioning the uninsured motorist carrier
  • Motion to exclude videos depicting a below-knee amputation
  • Motion to exclude evidence of hospital protocols in a malpractice case

Thoughts on Motions in Limine Motion in Limine

The phrase in limine in Latin means “on the threshold.” A motion in limine is used to prohibit or limit certain testimony or evidence at trial. A motion in limine in a personal injury case is a motion typically made before the trial starts but can be made at any time before or during a trial.

In what situation is a motion in limine appropriate? You should file a motion in limine if you believe there is evidence the defendant might introduce a trial that could be objected to at trial because it is incompetent or irrelevant. A motion in limine is also appropriate if you believe the evidence that the defendant might want to introduce at trial is unduly prejudicial to your client.

In most courts, lawyers must file any motion within fifteen days before trial. The deadline will be set either by rule or by the scheduling order. Many judges view motions in limine as a form of a preliminary injunction. In other words, the moving party would be irreparably harmed by waiting for an in-trial objection – after the cat is already out of the bag in a sense. It also just makes the trial go smoother to resolve these issues up front. (Smooth trials are generally better for the plaintiff.)

Consequently, the standard for granting such relief in Maryland is whether any reference to the evidence the moving party seeks to exclude is so prejudicial that the nonmoving party may not refer to it. This is particularly important if you do not want defense counsel referencing the evidence at issue in the defendant’s opening statement (where an objection is more difficult).

Lawyers must also remain mindful of the scope of the relief sought and should reflect that request in a draft order for the trial court’s signature. The order must contain language that is narrowly tailored to the inappropriate evidence. Judges are reticent to exclude broad categories of evidence but may be more receptive to a more narrow request.

If you are on the losing side of the court’s ruling to exclude evidence, it is important to remember that, unlike many judicial orders, orders in limine are interlocutory and not final decisions on the admissibility of evidence. Accordingly, it is not inappropriate to request a reversal or modification of a prior ruling, particularly if the request is based on a different presentation of evidence than the trial court was led to believe would be presented. In fact, these arguments often need to be raised again because a denial does not always preserve the record for appeal, particularly if the argument is in the judge’s chambers.

What is a motion in limine?

A motion in limine, often simply referred to as a “limine motion,” is a legal motion made by one of the parties in a lawsuit before a trial begins. The purpose of this motion is to request that the court make a preliminary determination about the admissibility of certain evidence or legal issues. “In limine” is a Latin term that means “at the threshold,” indicating that these motions are made at the outset of a trial to set boundaries or limitations on what evidence can be presented to the jury.

What can you ask for in a motion in limine?

The type of relief that can be requested in a motion in limine varies from state to state, but usually, a motion in limine is limited to evidentiary issues regarding witness testimony or documents in the upcoming trial.

When does a motion in limine get decided?

The trial judge can rule on motions in limine before the start of the trial or during the trial as issues arise. For example, if a motion in limine seeks to exclude certain evidence, the judge can grant the request before trial or wait and see what develops before ruling on the admissibility issue.

More Samples in Malpractice, Products, and Car Accident Cases

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