Motion in limine

In <a href="/facts/Law_of_the_United_States/qVcQjGCe">U.S. law</a>, a motion in limine is a <a href="/facts/Motion_(legal)/jcx7dYCU">motion</a>, discussed outside the presence of the <a href="/facts/Jury/cJofrUeI">jury</a>, to request that certain testimony be excluded. A motion in limine can also be used to get a ruling to allow for the inclusion of evidence. The motion is decided by a judge in both <a href="/facts/Civil_law_(common_law)/7apK9Gaa">civil</a> and <a href="/facts/Criminal_law/XXfgv9as">criminal</a> proceedings. It is frequently used at pre-trial hearings or during <a href="/facts/Trial/7mNT4FRG">trial</a>, and it can be used at both the <a href="/facts/State_court_(United_States)/cjcdnRhU">state</a> and <a href="/facts/Federal_court_(United_States)/RfX1mMs6">federal</a> levels.
<a href="/facts/Black%2527s_Law_Dictionary/tYAdRDp0">Black's Law Dictionary</a> (8th ed. 2004) defines "motion in limine" as "a pretrial request that certain inadmissible <a href="/facts/Evidence/d5IGUK0U">evidence</a> not be referred to or offered at trial." They are made "preliminary", and are presented for consideration of the judge, <a href="/facts/Arbitration_in_the_United_States/jNjbbX7L">arbitrator</a> or hearing officer, to be decided without the merits being reached first.: 791 
The reasons for the motions are wide and varied, but probably the most frequent use of the motion in limine in a criminal trial is to shield the jury from information concerning the defendant that could possibly be unfairly prejudicial to the defendant if heard at trial. Other reasons arise under the <a href="/facts/Federal_Rules_of_Civil_Procedure/DTKXJnNu">Federal Rules of Civil Procedure</a> for failure to comply with <a href="/facts/Discovery_(law)/pHMb5suV">discovery</a>.
Other proper subjects for motions in limine stem from the court's power to "Provide for the orderly conduct of proceedings before it" and to "[c]ontrol its process and orders so as to make them conform to law and justice". These <a href="/facts/Procedural_law/cGcjQaXR">procedural</a> motions in limine may include motions to control the conduct of the <a href="/facts/Prosecutor/3kHvlXkC">prosecutor</a>, motions for separate trials on counts, prior convictions, and/or enhancements, motions to control the <a href="/facts/Courtroom/jx2vWs2b">courtroom</a> environment, motions to control <a href="/facts/Jury/cJofrUeI">jury</a> conduct, and other such motions.
A motion in limine is distinct from a motion for a protective order, which is a request to prevent the <a href="/facts/Discovery_(law)/pHMb5suV">discovery</a> of evidence, and a <a href="/facts/Motion_to_suppress/Xt5D8tGn">motion to suppress</a>, which can be raised by the defense in American criminal trials to prevent the admission of evidence that was obtained unconstitutionally.

Motion in limine open-in-new

Motion in limine