MOTION IN LIMINE

motion in limine (in lim-<<schwa>>-nee). A pretrial request that certain inadmissible evidence not be referred to or offered at trial. • Typically, a party makes this motion when it believes that mere mention of the evidence during trial would be highly prejudicial and could not be remedied by an instruction to disregard. If, after the motion is granted, the opposing party mentions or attempts to offer the evidence in the jury’s presence, a mistrial may be ordered. A ruling on a motion in limine does not always preserve evidentiary error for appellate purposes. To raise such an error on appeal, a party may be required to formally object when the evidence is actually admitted or excluded during trial. [Cases: Criminal Law 632(4); Federal Civil

Procedure 2011; Pretrial Procedure 3. C.J.S. Criminal Law §§ 448, 456, 458.]

[Blacks Law 8th]