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Before a case ever reaches a jury’s ears, attorneys on both sides take critical steps to control what evidence is allowed into the courtroom. One of the most essential pretrial motions used by lawyers is the “motion in limine.”
Knowing the motion in limine is crucial to understanding how evidence is managed and how lawyers can protect your rights from the outset.
At Craig Swapp & Associates, our accident lawyers have helped thousands of clients in Utah, Idaho, Washington, Montana, Oregon, Wyoming, Colorado, and Arizona. We know that effective evidence management can make all the difference in personal injury cases.
A motion in limine is a formal request made to the court before a trial begins, asking the judge to decide whether certain evidence should be excluded from or included in the proceedings. The term comes from Latin, meaning “at the threshold,” which reflects its purpose.
Motions in limine are used extensively in civil cases, including personal injury lawsuits, to address potential evidence that could unfairly sway the jury or cause unnecessary confusion. By dealing with these questions early, the parties and the judge can prevent inappropriate or prejudicial material from ever being heard by the jury.
The purpose of a motion in limine is simple but powerful: “to resolve disputes about what evidence will be admissible, without risking the jury hearing information that could unfairly impact their decision.”
When lawyers file motions in limine, their primary goal is to shield their clients from prejudicial, irrelevant, or legally improper evidence, while ensuring that valid, probative evidence is presented clearly and persuasively.
Motions in limine prevent parties from “planting seeds” that can unfairly bias the jury. For instance, if an insurance company’s lawyer tries to mention unrelated past injuries or a plaintiff’s unrelated lawsuit history, a well-crafted motion in limine can keep that information out of sight and out of mind.
By deciding on admissibility issues before trial begins, the court saves time and avoids lengthy sidebars and interruptions. This streamlines the process and prevents unnecessary delays, helping all parties stay focused on the core facts of the case.
Motions in limine ensure that both sides are clear on what evidence will be introduced. This helps prevent “trial by ambush” tactics and allows both the plaintiff’s and defendant’s teams to prepare honest, effective arguments.
By addressing issues ahead of time, the legal process stays focused on the facts and merits of the case, giving all parties a fair opportunity to present their arguments.
Motions in limine are usually filed before the trial officially begins, typically as part of pretrial motions. Most courts set deadlines for filing motions in limine, often tied to a pretrial scheduling order. This timing is intentional: it allows the judge to address evidentiary issues outside the presence of the jury, so that rulings can be made thoughtfully and without immediate pressure.
Not all evidence is treated the same in a case. Lawyers regularly use motions in limine to include or exclude evidence that might otherwise damage their client’s case or cloud the real issues at trial.
Here are some of the most common types of evidence targeted by motions in limine in lawsuits:
Defense attorneys often attempt to introduce evidence that an injured person previously suffered other injuries – arguing that the current symptoms may not be related to the incident at issue.
Motions in limine can be filed to keep unrelated medical history out of court, protecting the plaintiff from unfair characterizations. However, courts require that any evidence of prior injuries must be relevant and directly connected to the present claim.
In most jurisdictions, evidence of a party’s insurance coverage (or lack thereof) is strictly prohibited. The rationale is that knowing a defendant has insurance may influence the jury’s decision about liability or damages. Attorneys often file motions in limine to prevent any mention of insurance during trial.
A party’s involvement in past lawsuits or legal disputes is almost always irrelevant and highly prejudicial in personal injury cases. A motion in limine can keep defense attorneys from bringing up the plaintiff’s unrelated legal history to paint them in a negative light.
Hearsay, statements made outside of court that are offered for the truth of the matter asserted, is generally inadmissible unless a specific exception applies. Motions in limine can be used to exclude statements from medical records, police reports, or other sources that would otherwise be inadmissible hearsay.
Even if evidence is technically relevant, it may be excluded if its potential for unfair prejudice outweighs its value. For example, graphic accident photos may unduly inflame the jury’s emotions. Motions in limine can be filed to balance the need for evidence with the risk of prejudice.
Both sides in a case may have multiple expert witnesses. But if multiple experts are simply repeating the same opinions, it wastes time and may confuse the jury. Courts can limit cumulative testimony through motions in limine, ensuring the trial remains focused and efficient.
Expert witnesses must meet certain qualifications under Federal Rule of Evidence 702 (and equivalent state rules). If a witness lacks the necessary expertise, their opinions can be excluded via a motion in limine, preventing unreliable evidence from entering the record.
Evidence obtained in violation of discovery rules, such as “surprise” documents or witnesses not disclosed in a timely manner, can also be excluded. Motions in limine are used to enforce these rules and ensure that both sides play by the same standards.
The types of evidence included or excluded by motions in limine can significantly influence the outcome of a case. Careful attention to these details helps ensure that only relevant, reliable, and admissible evidence is presented, allowing the jury to make decisions based on what truly matters.
A motion in limine is a powerful legal tool that can shape the outcome of the case even before the first witness testifies.
By excluding irrelevant or prejudicial information, motions in limine keep the jury focused on the true issues – liability and damages. This clarity makes it easier for jurors to understand the facts and reach a fair verdict.
Sometimes, opposing counsel may attempt to introduce damaging information through “side doors,” such as making suggestive statements or references in opening arguments. A successful motion in limine can preemptively block this approach, forcing all parties to play by the rules.
The rulings on motions in limine often signal how strictly a judge will enforce evidentiary rules. A strong, well-supported motion in limine can set a professional tone and demonstrate to the court that your attorney is prepared, organized, and committed to a fair process.
When a motion in limine is granted or denied, it creates a clear record for appellate courts. If a judge makes an error in allowing or excluding critical evidence, this record can be used to challenge the decision after trial. This is crucial for preserving the plaintiff’s right to appeal or seek a new trial if justice was not served.
If a key piece of evidence is excluded before trial, the opposing party may reconsider its willingness to settle the case. Motions in limine can shift the negotiation dynamic and encourage reasonable resolutions – saving time, expense, and stress for everyone involved.
When used strategically, a motion in limine gives lawyers the ability to control the flow of information at trial, protect their clients’ interests, and set the stage for a fair and focused presentation of the case.
A motion in limine is one of the most important tools available to every lawyer, including personal injury lawyers. The evidence presented at trial can decide not only liability, but also the amount of damages awarded.
Whether you are seeking justice after a car accident, a slip and fall, or any other personal injury, you deserve an accident lawyer who understands how to protect your rights at every stage. By filing effective motions in limine, your attorney can shield you from unfair or irrelevant attacks, ensure that the jury hears only what truly matters, and give you the best possible chance at a fair outcome.
Although most personal injury cases never go to court, at Craig Swapp & Associates, we have experience handling pretrial motions, like motions in limine. If you or a loved one has been injured and needs legal representation, our attorneys are here to help you understand your rights and build the strongest possible case from the start.
To learn more about how a motion in limine can protect your interests, call us today at 866-308-3822 to schedule your free consultation or send us a message about your case by answering our online form here.
Written By: Ryan Swapp Legal Review By: Craig Swapp