When preparing for a trial, most people imagine the courtroom drama unfolding in front of a jury. But what happens before the trial begins can be just as—if not more—important. One of the most critical steps in pretrial preparation is filing what’s called a motion in limine. As a criminal defense attorney, I’ve seen firsthand how this legal maneuver can shape the outcome of a case before a single word is spoken in front of a jury.
What Is a Motion in Limine?
A motion in limine (pronounced lim-in-ee) is a legal motion filed by either side—defense or prosecution—before a trial begins. It’s typically heard in the days leading up to the trial, often the day before. The purpose of this motion is to set ground rules for what can and cannot be presented during the trial.
Why is this important? Because once something is said in front of a jury, you can’t “unring the bell.” Even if a judge instructs the jury to disregard certain information, that seed has already been planted. A motion in limine helps prevent unfair or prejudicial evidence or arguments from ever being introduced in the first place.
What Do Motions in Limine Cover?
These motions can address a wide variety of issues, such as:
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Excluding inadmissible evidence under the rules of evidence or established case law
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Preventing improper arguments or character attacks
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Ensuring witnesses follow courtroom rules, such as staying outside the courtroom until they testify
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Blocking tactics that could unfairly sway a jury, such as vouching for a witness’s credibility or referencing information that’s not allowed
Essentially, motions in limine are the legal equivalent of a referee setting the rules before a game begins.
Why They Matter: The Chess Match Before the Trial
An experienced trial lawyer doesn’t just show up on day one and react. They anticipate. They understand how evidence might be presented, foresee problems before they arise, and prepare accordingly. Think of it like a chess match: every move before the opening bell can position your case for success—or failure.
But not all attorneys approach motions in limine with the same level of preparation or depth. Some only submit “standard” motions—boilerplate arguments that don’t address the unique aspects of your case. Others go deep, crafting targeted motions to protect your rights and expose weaknesses in the other side’s arguments. That extra effort can make a big difference.
Choosing the Right Lawyer: What to Ask
If you’re facing trial—whether for a criminal charge or a civil case like personal injury—it’s crucial to choose a lawyer who understands the power of motions in limine. Here are a few questions to ask during your consultation:
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What is your trial experience like?
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How do you prepare motions in limine?
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Are there common evidentiary issues in cases like mine that we can address early?
While not every potential issue will be known before trial, a seasoned attorney will know what to look for and how to strengthen your position from the outset.
Final Thoughts on Motion in Limine
Motions in limine are about protecting your rights and ensuring a fair trial. They help prevent unfair evidence or arguments from influencing a jury, and they demonstrate your attorney’s preparation and skill. If you’re going to trial, don’t overlook this critical part of the legal process.