Most plaintiffs and defendants file motions in limine soon after the court schedules a trial.
But what are these motions?
And what impact do the court’s decisions to grant or deny these motions i n limine have on recovering money damages?
This article discusses motions in limine , focusing on how they can help you with your tort claim (personal injury or workers compensation ). These motions allow you to control the evidence and arguments the jury hears when deciding your case.
Few things are certain in personal injury litigation.
But there is one thing you can count on. The insurer will search for every negative piece of information against you and try to use that information to blame you for the car crash or explain why you do not deserve the money damages you seek.
Many insurance defense attorneys argue every possible defense with the hope that one of the defenses sticks. This approach is called the “kitchen sink” defense .
The derogatory information is often irrelevant and has nothing to do with your injury lawsuit. But it can influence the jury by painting you in a negative light and shifting the jury’s attention from the truth that matters.
Fortunately the law of evidence recognizes that courts should keep out some facts. Preventing the defense from mentioning or referring to irrelevant or unfairly prejudicial evidence narrows the disputed issues and avoids confusion.
A motion in limine is the best method to exclude derogatory information that could bias or prejudice the jury at trial. You can use this type of motion to keep the jury focused on what matters: how the defendant’s negligence harmed you and how much money the jury should allow to make you whole .
A motion in limine requests a preliminary decision on an evidence objection or an offer of proof. These motions can help you win your case before the trial begins. If you can exclude prejudicial facts, you increase the likelihood of success at the trial.
The Latin expression “in limine” means “at the threshold.” Courts use the term to refer to any motion made before or during the trial to exclude anticipated prejudicial evidence before a party offers or mentions the proof. (See Luce v. United States, 469 U.S. 38, 40 n. 2 (1984) ).
You can use motions in limine to get a ruling excluding specific evidence (meaning it is neither referred to nor offered at trial) or allow for the introduction and inclusion of evidence.
Parties in all types of litigation – civil, criminal , and administrative – use motions in limine to strengthen their case or weaken their opponent’s. And there is a good reason for this. When you properly use these motions for evidence rulings in advance, you can create leverage in settlement negotiations and trials.
Keep reading to learn more.
If you have questions about evidence law or want a free consultation with a top-rated personal injury lawyer in Virginia , call me (804-251-1620 or 757-810-5614) or complete the contact form on this page. My firm is ready to help you and your family.