词源与由来: From Latin 'in limine' meaning 'at the threshold,' referring to requests made at the very beginning of trial — before the jury hears potentially prejudicial evidence.
Before trial, attorneys identify evidence or testimony that may be prejudicial, irrelevant, or otherwise inadmissible and should be addressed before the jury hears it.
The moving party prepares a written motion citing specific evidence, applicable rules (e.g., FRE 403, 404(b)), and case law supporting exclusion or admission.
The motion is filed with the court and served on opposing counsel, typically at least 7-14 days before trial per local rules.
The non-moving party files a written response arguing why the evidence should (or should not) be admitted, citing counter-authority.
The judge holds a pretrial hearing where both sides present oral argument. In complex cases, the court may hear limited testimony on foundational issues.
The judge grants, denies, or defers ruling on the motion. A granted motion means attorneys cannot reference the excluded evidence before the jury without court permission.
Motions in limine are filed before trial — often weeks in advance as part of pretrial practice. They are a critical strategic tool because once a jury hears prejudicial evidence, an instruction to disregard may be insufficient to cure the prejudice. Common subjects include prior criminal convictions, insurance coverage, settlement negotiations, prior bad acts, inflammatory photographs, and expert testimony of questionable reliability. The court may grant the motion definitively (the evidence is excluded, period) or conditionally (ruling subject to trial developments). If a motion in limine is denied, the party must still object at trial to preserve the issue for appeal.
Attorney: "Your Honor, we move in limine to exclude any reference to our client's prior conviction for shoplifting. Under Rule 609, this misdemeanor not involving dishonesty is inadmissible for impeachment, and any mention would be highly prejudicial."
Judge: "I grant the motion in limine excluding photographs of the accident scene depicting the deceased. Under Rule 403, their probative value is substantially outweighed by the danger of unfair prejudice given that liability is not contested."
Attorney: "Your Honor, despite the ruling on our motion in limine, opposing counsel just referenced the excluded evidence in her opening statement. We move for a mistrial." Judge: "Counsel, approach the bench."
Students often assume that a denied motion in limine preserves the evidentiary issue for appeal. In most circuits, a denial merely means the court will rule at trial — the party must still object when the evidence is offered to preserve the issue. Only a definitive ruling that is clear from the record avoids this requirement.
Luce v. United States, 469 U.S. 38 (1984)
Held that a defendant must testify at trial to preserve for appeal a claim that the trial court erroneously denied a motion in limine to exclude prior conviction evidence for impeachment.
Ohler v. United States, 529 U.S. 753 (2000)
Held that a defendant who preemptively introduces evidence of a prior conviction on direct examination after losing a motion in limine cannot challenge the trial court's ruling on appeal.
What is a motion in limine?
A motion in limine is a pretrial motion asking the court to rule on the admissibility of evidence before it is presented to the jury. The phrase "in limine" means "at the threshold." These motions prevent potentially prejudicial evidence from being mentioned in front of the jury, avoiding the need for a curative instruction or mistrial.
When do you file a motion in limine?
Motions in limine are typically filed days or weeks before trial begins, though local rules and scheduling orders may set specific deadlines. Some courts require them to be filed as part of pretrial submissions. Judges often hear arguments on motions in limine at a pretrial conference or on the morning of trial.
Can a motion in limine be overturned during trial?
Yes, rulings on motions in limine are preliminary and can be reconsidered during trial if circumstances change. A judge may revisit the ruling if new evidence creates a different context, or if the basis for the original ruling no longer applies. Attorneys should be prepared to re-raise or renew objections even after a favorable limine ruling.
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