![]() The purpose of a motion in limine is to determine whether certain evidence may be presented to the jury, in any form and at any stage. In complex commercial litigation, courts, especially federal, encourage the filing of in limine motions to resolve admissibility issues before trial. In jury cases, proceedings shall be conducted, to the extent practicable, so as to prevent inadmissible evidence from being suggested to the jury by any means, such as making statements or offers of proof or asking questions in the hearing of the jury. In making its determination it is not bound by the Rules of Evidence except those with respect to privileges. Preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege, or the admissibility of evidence shall be determined by the court, subject to the provisions of subdivision (b). (a) Questions of Admissibility Generally. MRE 104(a) and 103(c) support bringing motions in limine. Motions in limine are not found in Michigan statutes or the Michigan Court Rules, but are a creation of common law. A motion in limine DefinedĪ motion, heard in advance of jury selection, which asks the court to instruct the defendant (or plaintiff), its counsel and witnesses not to mention certain facts unless and until permission of the court is first obtained outside the presence and hearing of the jury. Motions in limine can also be used to gain important strategic advantages during pretrial and trial by limiting an opponent’s proofs, or precluding an entire theory of his or her case. Motions in limine are commonly used in trial preparation in order to narrow the issues for trial and further guide testimony and presentation of evidence, as well as possibly reduce a client’s costs associated with trial. Copyright © 1997 by the State Bar of Michigan Robert C. ![]() This article was originally published by the Michigan Bar Journal in March, 1997 ![]() Obtaining the Upper Hand with Motions in Limine ![]()
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