A limine motion is a motion made before a trial begins to seek a decision on evidence. Lawyers can file pre-liminary motions to exclude evidence or challenge its admissibility. The purpose is to prevent the evidence from prejudicing the jury. Lawyers can also challenge evidence in court if they are not successful in their pre-trial motions.
A limine motion is a motion that is made before a trial begins. Such motions are filed and argued only in front of the judge, in an area where the jury is not present, in the event that the content of the motion could prejudice the jury. Commonly, limine motions are filed in the judge’s chambers because this location is private and convenient for all parties.
The Latin phrase “in limine” means “at the threshold”, implying that such motions are presented at the beginning of the process. Attorneys from either side can file such motions, and both attorneys can file pre-liminary motions to address various issues related to the case. The purpose of a limine motion is to seek a decision on evidence; an attorney can ask a judge to specifically exclude the evidence or to declare that the evidence is admissible and can be used in the trial.
A common reason for filing a preliminary motion is an attempt to exclude evidence. An attorney may argue that the evidence is not relevant or may be prejudicial in nature. Lawyers can also challenge evidence on admissibility grounds; if the evidence has not been collected or handled properly, for example, or if there are doubts as to whether or not it is genuine, a limine petition can be made to have the evidence excluded.
Lawyers can use this technique as a peremptory technique. For example, if a defense attorney fears that an old entry in a client’s criminal record is being discovered, he can file a preliminary motion asking that it not be admitted as evidence at any point during the trial. Similarly, an attorney can argue that a category of evidence, such as graphic photographs, that might be admitted in the trial should be excluded, providing reasons to support the argument.
Lawyers are not always successful when filing pre-trial motions. However, after having presented their arguments in the courtroom, they can also challenge the evidence under investigation when it is presented in court. Lawyers are also careful when it comes to challenging evidence that appears to skirt the lines of an exclusion already decided by a judge. For example, if a judge decides that the photos are so graphic in nature as to be prejudicial to the jury and an attorney attempts to introduce sketches based on the photographs, the opposing attorney may argue that they should be excluded as agreed in closed session.
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