![]() 529 (2016), New Jersey’s intermediate appellate court clarified that litigants may not file a dispositive motion, styled as a motion in limine, on the eve of trial. Trinitas Regional Medical Center, 443 N.J. But in recent years courts have grown increasingly wary of litigants’ improper use of motions in limine to decide substantive, non-evidentiary issues. 1994) (explaining court’s ruling with respect to in limine motions originates from their inherent power to admit or exclude evidence). 3d 727, 743 (2017) (highlighting courts inherent power to “control litigation and conserve judicial resources” to decide motions in limine) People v. There are many advantages to an advance ruling on the evidentiary issues outside the presence of the jury, and motions in limine are a powerful tool for astute trial attorneys. 1990) (“ motion in limine is designed to narrow the evidentiary issues for trial and to eliminate unnecessary trial interruptions.”). 38, 40 n.2 (1984) (A motion in limine is “any motion, whether made before or during trial, to exclude anticipated prejudicial evidence before the evidence is actually offered.”) Bradley v. Stated in the most general terms, a proper motion in limine is an evidentiary motion that seeks a determination as to whether to exclude (or admit) evidence before it is offered at trial. There was a Late/Incomplete Disclosure: A witness may be barred from testifying if the witness was not disclosed in a timely fashion, or if the witness plans on testifying about matters not identified in responses to discovery requests.The term “in limine”-or “on the threshold”-misleadingly suggests that any motion filed shortly before the start of trial is a motion in limine.Other examples include privileged information improperly obtained by an employee and evidence obtained through inspections conducted without notification to the opposing counsel. Evidence was Improperly Obtained: Criminal trials are not the only situation where improperly obtained evidence may be excluded.Lay witnesses that did not actually see a particular event may not be competent to testify (IRE 602) Additionally, testimony of mentally incompetent witnesses and testimony subject to exclusionary statutes such as the Dead Man’s Statute may be challenged. Examples include physicians not familiar with the applicable standard of care and engineers not qualified in a particular field. Witness is not Competent: The competency of expert and lay witnesses may be challenged.Among other reasons, cumulative evidence may be excluded to avoid the needless waste of time (IRE 611(a)). ![]() The court has wide latitude in making the determination as to what is, or is not, cumulative testimony. Evidence is Cumulative: Cumulative or repetitive evidence may be excluded (IRE 403).Evidence of religious beliefs may be inadmissible (IRE 610). Some evidence, such as prior criminal convictions over ten years old, may be excluded as prejudicial by applicable rules of evidence (IRE 609(b)). As an example, relevant photographs of an accident may be so gory they become prejudicial and should be excluded. ![]()
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