It is not uncommon for attorneys to voice objections to questions, statements, and evidence during trial. Motion in Limine to Avoid Disruptions at Trial In such a case, the judge may be asked to discount the witness’ ability to offer expert opinion, or to preclude him from testifying about speculative or unsubstantiated topics. Motion in Limine Regarding Expert WitnessesĪ party to a court case may use a motion in limine to question the authority or expertise of an individual the opposing party plans to call as an expert witness. In this circumstance, a motion in limine may be used to ask the judge to determine whether the value of that evidence is outweighed by its potential to have a harmful effect. While it would seem that any evidence that has to do with any facts of a case should be heard by the jury, there may be certain evidence that would confuse the issues, mislead the jury, or create unfair prejudice. Relevant evidence is that which tends to prove an important fact of the case. This includes directly offering the evidence as proof, making statements alluding to the evidence, or asking questions regarding the evidence within the hearing of the jury. Evidence that the judge determines is inadmissible must not make its way, by any means, to the jury. The purpose of a motion in limine is to determine whether certain items of evidence are irrelevant or unfairly prejudicial. Motions in limine generally question the admissibility of certain evidence, though they may also question the qualifications of an expert witness. A motion in limine is usually filed before a jury is even selected, though it may be filed just before the jury is seated at trial. Once this type of information is heard by the jury, it cannot be unheard, so it is important for the party who might be harmed by such information to ensure it is kept from the jury. In many court cases there is information which, if heard by the jury, might unjustly prejudice the jury against the defendant.
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