Motion in Limine

Definition

Motion in limine, meaning “on the threshold” in Latin, is a request submitted to the court before trial in an attempt to exclude evidence from the proceedings. It is usually made by a party when simply the mention of the evidence would prejudice the jury against that party, even if the judge later instructed the jury to disregard the evidence. For example, the defendant may ask the court to rule that evidence of a prior conviction that occurred a long time ago should not be allowed into evidence at the trial because it would be more prejudicial than probative. If the motion is granted, then evidence regarding the conviction could not be mentioned in front of the jury, without first approaching the judge outside the hearing of the jury and obtaining permission. The violation of a motion in limine can result in the court declaring a mistrial.

There are three types of motions in limine: (1) inclusionary – a motion asking the court to have something included in the trial; (2)...