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Motion in limine to exclude evidence11/10/2023 ![]() ![]() Mundane evidentiary objections that do not involve issues of critical importance to your case should be reserved for trial. Motions in limine should be crafted so that they streamline the trial process by resolving key evidentiary issues at the outset. A litigant who is perceived to have abused the in limine process will quickly earn the ire of the tribunal the litigant is seeking to impress. Here are some tips to keep in mind when considering potential motions in limine:Īs you consider possible issues to raise in your in limine motions, keep in mind that you should focus on raising only those issues that have thematic importance to your case. Most of those, however, can be avoided with strategic and thoughtful planning. Motions to preclude evidence of the employer’s financial condition if punitive damages have not been sought.Īs with any litigation tactic, there are potential drawbacks to filing motions in limine.Motions to preclude treating physicians from testifying as to medical opinions or diagnoses unless they are properly certified as expert witnesses and.Motions to preclude evidence of lost wages damages where an employee voluntarily resigned from employment or failed to mitigate his or her damages. ![]() Motions to preclude evidence of alleged employee or manager misconduct that is unrelated to the unlawful conduct being alleged.Motions to preclude evidence that relates only to claims dismissed on summary judgment.Motions to preclude evidence of similar claims previously brought against the employer by other employees.While the potential topics of motions in limine are virtually without limit and will vary greatly depending on the specific evidentiary issues in a given case, below are several examples of motions in limine that are commonly filed by employer-defendants in employment cases: Thus, a motion in limine allows key evidentiary questions to be decided without the jury present and, if the motion is granted, will preclude the jury from ever learning of the disputed evidence. Importantly, motions in limine are generally made before a trial begins, and always argued outside the presence of the jury. A motion in limine is a procedural mechanism that allows litigators to seek to exclude certain evidence from being presented to a jury – typically evidence that is irrelevant, unreliable, or more prejudicial than probative. ![]() One way for a trial lawyer to proactively assert control over the facts that will be presented to the jury is by thoughtfully utilizing motions in limine. Ever since, this trial has stood as a lesson to lawyers on the importance of developing the factual record in a way that supports your theory of the case. In a climate teeming with struggle, and against long odds, Adams was successful in obtaining an acquittal for six of the eight soldiers on trial. When defending the British soldiers accused of committing murder during the 1770 Boston Massacre, John Adams famously argued that “acts are stubborn things and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence.” The prosecution’s key witnesses offered little more than unreliable eyewitness testimony playing on the growing public sentiment against the British government, which Adams rebutted by pointing to the facts that were in evidence concerning the events of that evening.
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