Motion in Limine - Example

Example

Examples of the type of motions in limine would be that the attorney for the defendant may ask the judge to refuse to admit into evidence any personal information, also any medical, criminal or financial records using the legal grounds that these records are irrelevant, immaterial, unreliable or unduly prejudical and/or that their probative value is outweighed by the prejudicial result to the defendant, or that the admittance of such information or evidence would otherwise violate one of the court's rules of evidence. A party proffering certain evidence can also ask for the admission of certain information or evidence via a motion in limine. This tactic can be especially useful if the admissibility of certain evidence critical to that opposing party's case is in doubt.

If the motion in limine to exclude evidence is granted, then the excluded records would be prohibited from being presented without specific approval from the judge at the time the party wants to offer the evidence. A reference to such "highly prejudicial" evidence contrary to the tribunal's order may be a ground for a mistrial.

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