What is a Motion In Limine?

A motion in limine (a motion ``on or at the threshold'') is a motion that requests the court, in advance of a proceeding, to make an order determining questions of procedure or evidence or restricting conduct of the participants. The motion is used primarily to preclude parties, their counsel, and witnesses from communicating or disclosing to jurors or prospective jurors irrelevant or otherwise inadmissible matters that are so prejudicial or confusing that their effect cannot be nullified by a subsequent admonition or direction from the court.

The motion may also be used to terminate the action by excluding evidence necessary for plaintiff to establish an element of the cause of action. Although no specific statutory authority exists for a motion in limine, use of the motion has been approved and encouraged by the appellate courts and it has become an accepted part of California trial procedure. Although it can be made orally, a motion in limine should be made in writing whenever possible.

The motion should be supported by a memorandum of points and authorities and declarations describing the nature of the case, and stating facts showing why the matter at issue is irrelevant or inadmissible and potentially prejudicial. An order in limine is not valid unless it is either in writing and filed with the clerk, or is entered in the minutes Thus, to avoid any misinterpretation of the order or any further argument on its scope, the moving party should prepare a written order.