California Trial Lawyer - Motions In Limine

If the judge denies the motion the loosing Southern / Northern California trial attorney asks the judge to rule that the matter can again be raised in trial for further consideration (that the judge's order denying the motion is "without prejudice).

 

Another matter frequently taken up in these hearings is set forth in the California Evidence Code:
"The court in its discretion may exclude evidence if its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury."

1. Example of undue consumption of time: Generally, reputation evidence of a witness for truth and veracity is extremely limited. Plaintiff might wish to bring in a whole series of witness describing in detail the various times Defendant has lied on unrelated maters. Such evidence would produce a series of "mini-trials" on other issues. The court will exclude such evidence. The court will permit only very limited inquiry on a witness's reputation for truth and veracity.

2. Example of undue prejudice: In a wrongful death case resulting from an automobile / train accident, Plaintiff seeks to introduce gory pictures of the deceased. The photos are of little evidentiary value and might inflame the passions of the jury.

3. Example of confusing the issues or misleading the jury: In a pedestrian accident case Plaintiff might wish to introduce evidence that Defendant, on numerous other occasions drove erratically. Not only would this create "mini-trials" an unnecessarily consume time, but it would also be confusing to the jury because the real issue is what did this Defendant do to this Plaintiff.

For more information about Pre Trial and Motion In Limine, email or call Sacramento trial lawyers Cunningham & Lansden. Although we have offices throughout the state with regional offices in Sacramento, Camarillo and Placerville, our California trial lawyers will come to you, if you cannot come to us.