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What IS a motion in limine?
| Unhinged hissy fit | 12/16/17 |
| hyperactive judgmental space | 12/16/17 |
| Grizzly goal in life | 01/09/19 |
| French electric trailer park | 01/09/19 |
| aromatic dead theatre potus | 01/09/19 |
Poast new message in this thread
Date: December 16th, 2017 12:31 AM Author: Unhinged hissy fit Penis of luis? (http://www.autoadmit.com/thread.php?thread_id=3830797&forum_id=2#34932493) |
Date: December 16th, 2017 7:21 AM Author: hyperactive judgmental space "Limine" is Latin for "threshold." A motion in limine ("MIL") is a motion to exclude evidence or argument before it is considered by the factfinder; that is, "at the threshold" of trial. In federal court, MIL's are governed by Fed. R. Evid. 104(a), which provides "[t]he court must decide any preliminary question about whether ... evidence is admissible[,]... [i]n so deciding, the court is not bound by evidence rules, except those on privilege." In other words, the court can consider inadmissible evidence in ruling whether evidence is admissible; without this rule, it would be impossible to consider the challenged evidence.
It's the ultimate burden of the proponent of the evidence to establish its admissibility. You can move in limine to establish evidence is admissible or (much more commonly) inadmissible. When you move to show evidence is inadmissible, it's your burden to establish inadmissibility. If your argument is evidence is irrelevant, you must show it's irrelevant on all possible grounds. Conversely, if you're moving to show evidence is admissible, it's your burden to show it's admissible for at least one purpose. Once admitted, it is typically for the jury to decide what to make of evidence, so getting it in for one purpose is as good as any; that said, you may in some instances draw a jury instruction, or else be limited in how you can argue about a piece of evidence.
There's much more to say on the subject but I think this is a decent primer to start. |
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Date: January 9th, 2019 1:06 PM Author: Grizzly goal in life (http://www.autoadmit.com/thread.php?thread_id=3830797&forum_id=2#37559429) |
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Date: January 9th, 2019 1:10 PM Author: French electric trailer park you spend a shitton of time on it and argue about it while you should be prepping witnesses then the judge just takes it under advisement and it all comes in anyway (http://www.autoadmit.com/thread.php?thread_id=3830797&forum_id=2#37559475) |
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Date: January 9th, 2019 1:10 PM Author: aromatic dead theatre potus (http://www.autoadmit.com/thread.php?thread_id=3830797&forum_id=2#37559482) |