Motions in limine are used to obtain advance rulings from the court on the admissibility of evidence. Hearings on the motions are to be held outside of the presence of the jury. Such motions may be to exclude or include evidence.
Derived from Latin, in limine literally means “at the threshold” and not “to limit” as commonly assumed. Presumably “at the threshold” refers to the idea that such motions are typically presented pre‐trial, although there is no prohibition against making such motions after a trial has commenced.
There is no explicit mention of motions in Limine in the Federal Rules of Evidence or the new Illinois Rules of Evidence. Case law has opined that authority for motions in limine is gained from the court’s general authority to control the nature of information presented to a jury.
Grounds for Motion in Limine
Multiple evidentiary issues may be addressed by motions in limine. Grounds for granting a motion in limine include:
- Evidence is Irrelevant: Irrelevant evidence may be precluded from presentation to the jury (IRE 402). Counsel will often attempt to introduce irrelevant evidence to create sympathy or prejudice among the jury. As an example, is it relevant if a defendant is wealthier than the plaintiff? Is it relevant if a physician failed his first attempt to become Board Certified twenty years ago?
- Evidence is Prejudicial: Information that is relevant, but unduly prejudicial, may be excluded (IRE 403). As an example, relevant photographs of an accident may be so gory they become prejudicial and should be excluded. Some evidence, such as prior criminal convictions over ten years old, may be excluded as prejudicial by applicable rules of evidence (IRE 609(b)). Evidence of religious beliefs may be inadmissible (IRE 610).
- Evidence is Cumulative: Cumulative or repetitive evidence may be excluded (IRE 403). The court has wide latitude in making the determination as to what is, or is not, cumulative testimony. Among other reasons, cumulative evidence may be excluded to avoid the needless waste of time (IRE 611(a)).
- Witness is not Competent: The competency of expert and lay witnesses may be challenged. Examples include physicians not familiar with the applicable standard of care and engineers not qualified in a particular field. Lay witnesses that did not actually see a particular event may not be competent to testify (IRE 602) Additionally, testimony of mentally incompetent witnesses and testimony subject to exclusionary statutes such as the Dead Man’s Statute may be challenged.
- Evidence was Improperly Obtained: Criminal trials are not the only situation where improperly obtained evidence may be excluded. Other examples include privileged information improperly obtained by an employee and evidence obtained through inspections conducted without notification to the opposing counsel.
- There was a Late/Incomplete Disclosure: A witness may be barred from testifying if the witness was not disclosed in a timely fashion, or if the witness plans on testifying about matters not identified in responses to discovery requests.
Conclusion
Motions in Limine may have a huge impact on the outcome of a trial. You should be aware of issues potentially subject to a motion in limine from the moment you agree to represent a client and prepare your case accordingly.
IRE refers to the Illinois Rules of Evidence