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Encyclopedia > In limine

Motion in limine (Latin: "at the outset") is a motion, raised before or during trial, to exclude the presentation of certain evidence to the jury. If a question is to be decided in limine, it will be for the judge to decide. Usually it is used to shield the jury from possibly inadmissible and harmful evidence. Latin was the language originally spoken in the region around Rome called Latium. ... A legal motion is a procedural device in law to bring a limited but contested matter before a court for decision. ... A trial is, in the most general sense, a test, usually a test to see whether something does or does not meet a given standard. ... Evidence is: Any observable event which tends to prove or disprove a proposition, see scientific method and reality. ... This article is confusing for some readers, and needs to be edited for clarity. ... A judge or justice is an appointed or elected official who presides over a court. ...


The evidence subject to motion in limine has to be so harmful to a fair trial that merely mentioning it to the jury would be highly prejudicial and unable to be remedied by the judge's instruction to disregard.


Example

For example, the defendant may ask the judge to limined out personal medical, criminal or financial records if these records are irrelevant. If the motion is granted, then evidence regarding the conviction would be prohibited from the trial. However, these records may still be used to against this defendant in a future case if they are relevant. The defendant also cannot attack the validity of said evidence. In Common law, a defendant is any person who is required to answer the complaint of a plaintiff in a civil suit or any person who has been named in a criminal information or criminal complaint and stands accused of violating a criminal statute. ...


If the motion is granted and the opposing party fails to obey, the judge may order a mistrial. Mistrial. ...


Governing laws

In the U.S., most motions in limine in federal courts are governed by the Federal Rules of Evidence. Some others are arised under Federal Rules of Civil Procedure 37(c)(1) as sanctions for failure to comply with discovery. However, a court may be reluctant to grant to exclude a piece of evidence just because of this reason. The Federal Rules of Evidence (FRE) are the rules that govern the admissibility of evidence in the United States federal court system. ... The Federal Rules of Civil Procedure (FRCP) govern civil procedure in the United States district courts, or more simply, court procedures for civil suits. ... In law, discovery is the pre-trial phase in a lawsuit in which each party through the law of civil procedure can request documents and other evidence from other parties or can compel the production of evidence by using a subpoena or through other discovery devices, such as requests for...


See also


  Results from FactBites:
 
Just Ask Our Lawyers! (582 words)
A motion in limine is a motion filed by a party to a lawsuit which asks the court for an order or ruling limiting or preventing certain evidence from being presented by the other side at the trial of the case.
If a motion in limine is not filed and granted before trial, and the defense lawyer asks the plaintiff about a conviction of a misdemeanor, the jury will know that the plaintiff has a criminal background.
Sometimes, the evidence which is sought to be excluded by a motion in limine might otherwise be admissible in court, but because of the nature of its content, might be so prejudicial to the other side as to warrant its exclusion.
In limine - Wikipedia, the free encyclopedia (409 words)
Motion in limine (Latin: "at the threshold") is a motion, made before the start of a trial requesting that the judge rule that certain evidence may, or may not, be introduced to the jury in a trial.
Therefore, a motion in limine is not a strict prohibition on certain evidence, but merely a requirement that a party approach the judge for permission before introducing the evidence.
The party seeking to exclude evidence with a motion in limine should be mindful of the scope of the relief sought.
  More results at FactBites »

 
 

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