For example, in an automobile accident case, you could introduce proof of someone’s liability insurance to show that they owned the vehicle. Some evidence might be prejudicial but nevertheless have a legitimate reason for being introduced. You are introducing the evidence for an alternative purpose.However, the court typically can’t exclude it unless the prejudice “substantially” outweighs the probative value. The prejudice doesn’t outweigh the probative value.For example, in a fraud trial, the defendant might want to prevent the plaintiff from using the word “lying.” You could argue that this word is no more prejudicial than any other word used to describe a deliberate misrepresentation. However, you generally can raise the following counterarguments: Your counterarguments will depend on the circumstances of the case. If you want to oppose the motion in limine, then you need legitimate reasons for doing so. X Research sourceīrainstorm counterarguments. For example, you can’t introduce evidence that a defendant has liability insurance to prove that the person was negligent. Each state (and the federal government) has rules of evidence that prevent some kinds of evidence from being introduced. To keep out evidence disallowed by the rules of evidence.For example, if a defendant is sued for fraud, then the plaintiff might want to bring up that the defendant has previously been convicted of a violent crime. To prevent an attorney from mentioning prior crimes.For example, referring to a car crash as a “fender bender” might be prejudicial. Civil Procedure ( as well as the rules of most state courts ). To prevent an attorney from using prejudicial language. Other Matters There are few legal boundaries for motions in limine. For example, motions in limine are often brought for the following reasons: As you read the motion, identify what information the other side wants excluded. Parties can file motions in limine to exclude all sorts of information from being brought up at trial. Identify what information the other side wants to exclude.
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