The court may prohibit you from mentioning or referring to the excluded evidence at any time during trial, including voir dire, opening statement, examination of witnesses and closing argument.Here’s what happens if court grants the opposing party’s motion: If the opposing party’s motion in limine is in writing, ask the court for permission to prepare a written opposition to the motion. Why it’s insufficient to object at trial ( e.g., the jury shouldn’t hear the question).īe prepared to show that the court shouldn’t grant the motion or that opposing counsel hasn’t complied with the procedural requirements.Specific ground for excluding evidence ( e.g., that it violates the attorney-client privilege (Evid C §§950-962) or will unduly prejudice the jury (Evid C §352).Counsel’s reason for believing that you have the evidence and will offer it at trial.Counsel’s intention to move in limine to either exclude specified evidence or establish the order or presentation of evidence ( e.g., to require the plaintiff to present direct evidence before circumstantial evidence).When confronted with opposing counsel’s in limine motion, first analyze whether they have included these five elements: Here’s how to respond to opposing counsel’s in limine motion. But opposing counsel will also have received this advice and will use them against you. You’ve probably been advised to use them whenever appropriate. In limine motions are a great litigation tool-they get evidence admitted or excluded before it’s even offered. (For information about CEB publications, telephone toll free 1-80 or visit our Web site, CEB.com). Reproduced with permission of Continuing Education of the Bar - California. This material is reproduced from the CEB Blog™ entry, Be Ready to Oppose Motions in Limine, copyright 2014 by the Regents of the University of California. Submit Settlement, Verdict, and Judgement.America's Most Influential Trial Lawyer.
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