Similarly, many lawyers file motions seeking to exclude evidence that no seasoned trial lawyer would ever offer in evidence. Instead, it is quite common to see motions in limine seeking to preclude the opposing party from generically violating a provision of Evidence Code. While this should be obvious, it is unfortunately often not the case. Miller, To Argue Is Human, to Exclude, Divine: The Role of Motions in Limine and the Importance of Preserving the Record on Appeal, 32 Am. Those motions in limine should be carefully drafted to make clear precisely what evidence should be excluded and to explain with as much clarity as possible why the evidence is so prejudicial that its mere mention would be unfairly prejudicial. 4th DCA 1989) accord Fittipaldi USA, Inc. Motions in limine often are filed to prevent the introduction of improper evidence, the “mere mention of which at trial would be prejudicial.” Buy-Low Save Ctrs., Inc. This article discusses some of the pitfalls associated with improvident motions in limine and highlights preservation issues attendant to these motions. Too often, however, motions in limine are improvidently filed, which not only wastes time, effort, and money, but can actually hurt your client’s case. Such motions can and should be used prophylactically to prevent an opposing party from placing irrelevant and unfairly prejudicial evidence before the jury. Motions in limine (“on or at the threshold” or “in the beginning”) are often a trial lawyer’s best friend and “can be a potent weapon when used properly and at the appropriate stage of litigation.” David Paul Horowitz, In the Beginning … Motions in Limine, 77-MAY N.Y.
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