Make sure to argue the motion before the objectionable comments are made or the evidence is shown.
#Sample motion in limine to exclude testimony trial#
Motions in limine should be prepared well before trial and should be fully briefed. Similarly, evidence regarding a Plaintiff’s prior drug use may be excluded as a result of a motion in limine. For example, evidence regarding sexual preference was properly excluded in Roby v. A motion in limine may also be used to prevent the opposition from offering embarrassing or humiliating evidence about your client that has little to do with the case.
Motions in limine may also be used to prevent the introduction of inadmissible evidence at trial, such as hearsay, parole evidence violations, privileged information, and opinions which lack a proper foundation. §90.403 which states: “Relevant evidence is inadmissible if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of issues, misleading the jury, or needless presentation of cumulative evidence.” If you anticipate that your opposition will present unfair, illegal, or repetitive evidence or arguments at trial, you should prepare a motion in limine to prevent this from occurring. Legal Basis for the MotionĪ motion in limine is usually based upon the analysis found in Fla. This motion is under-utilized and should be incorporated as an important aspect of your final trial preparation. The motion in limine may be considered to exclude improper evidence or arguments.
A motion in limine is an excellent tool that a trial attorney should use to eliminate improper matters from being mentioned or introduced during a jury trial.
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