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Motions in Limine in California State Court

A motion in limine is a motion used in a civil lawsuit to preclude evidentiary issues or conduct before it is seen or heard by a jury.  The Latin term “in limine” means “at the threshold.”  Motions in Limine are typically filed just before the commencement of trial.  However, motions in limine can be filed after the trial begins.  The primary advantage of the "in limine" motion is to avoid trying to undo harm done when jurors have been exposed to damaging evidence, even when later stricken by the court.  Motions in limine play a critical role in pretrial and trial strategies. 

Authority for Motions in Limine

There isn’t a specific statute for motions in limine.  They are, however, deeply entrenched in modern trial practice, case law, and local court rules.  Furthermore, California Rules of Court Rule 3.112(a)-(f) prescribes the formatting and procedure requirements for motions in limine.  Authority may also be implied from the court’s inherent power to:

• “Provide for the orderly conduct of proceedings before it” [C.C.P. § 128(a)(3)];
• “Control its process and orders so as to make them conform to law and justice [C.C.P., § 128(a)(8)];
• Exclude irrelevant evidence [Evidence Code § 350];
• Exclude evidence whose probative value is substantially outweighed by the probability that its admission will consume undue time or create substantial danger of undue prejudice, confusion of the issues, or mislead the jury [Evidence Code § 352];
• Hear and determine questions of admissibility of evidence out of the presence or hearing of the jury [Evidence Code § 402(b)]

There are two primary objectives for the use of a motion in limine:

Uses of Motions in Limine

1. To preclude the opposing party from introducing certain prejudicial evidence. 
2. To instruct opposing counsel, and any person in opposing counsel’s control, to avoid any mention of certain evidence or testimony during trial or in argument in front of the jury.

Strategies for the presentation of motions in limine are as broad as the imagination of the trial team.  Some of the more common types of motions in limine include:

• Evidence that consumes unnecessary time or duplicative testimony or evidence;
• Evidence that creates a substantial danger of undue prejudice;
• Evidence that confuses the issues or is misleading when weighed against the probative value of the challenged evidence; 
• Evidence that lacks foundation;
• Inadmissible business records or other writings relied upon by a witness;
• Evidence that raises authenticity issues;
• Scientific tests or studies not shown to be reliable;
• Witness’ non-felony criminal record;
• Evidence that would be barred by the discovery rules;
• Exclusion of experts not disclosed in response to a CCP 2034.210 demand;
• Exclusion of witnesses not listed in the witness list;
• Exclusion of expert opinions based on speculation.

Common plaintiff’s motions in limine include: 

• Collateral source payments.  Examples of collateral source payments from plaintiff’s own medical insurance, plaintiff’s own sick leave or vacation time; Social Security Disability payments, and worker’s compensation payments.
• Prior settlement negotiations;
• Testimony on annuities;
• Limiting expert opinions to those opinions provided in deposition testimony;
• Opinions from lay witnesses;
• Limiting witnesses to only those identified in discovery;
• Defense counsel not to solicit promises from the jury during voir dire;
• Exclusion of opinions of non-testifying medical experts;
• Preventing defense counsel from “refreshing” plaintiff’s memory before the need to do so;
• Exclusion of testimony relating to plaintiff’s injuries or physical history not at issue in the litigation;
• Precluding defense counsel from referring to a defense medical examination as an “independent” medical examination;
• Tax consequences in a personal injury award or settlement;
• Precluding evidence that will likely generate sympathy for defendant, such as poor financial condition, poor health, defendant did not receive a traffic ticket in the accident, the lack of prior accidents with the product or instrumentality causing plaintiff’s injuries.
• Character attacks on the plaintiff, such as plaintiff's criminal records, plaintiff’s resident status, failure to file tax returns, alcohol or illegal drug consumption, dishonorable discharge from the military, or remarriage of surviving spouse in a wrongful death case.

Common defense motions in limine include:

• Prior settlement offers to prove liability;
• Prior accidents to prove liability;
• The existence of liability insurance coverage;
• Remedial repairs.

Application for Paralegals

Preparing a motion in limine is a task that a paralegal may be expected to complete.  Many local rules require that motions in limine be made in writing; however, they can be made orally.    A written motion in limine must meet the requirements for motions by including:

• Form of motion papers presented for filing [CRC 2.100; 3.1110];
• Format of memorandum [CRC 3.1113];
• Format of declarations [CRC 3.1115]; and,
• Format of exhibits associated with depositions [CRC 3.1116].

Note:  CRC 3.20, which preempts all local rules relating to motions, etc., expressly does not apply to motions in limine. 

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DISCLAIMER: Barbara Haubrich-Hass, ACP/CAS, is not an attorney. Any information derived from The California Litigator, and any other statements contained herein, are for information purposes only, and should not be construed as legal advice or a recommendation on a legal matter. The information from The California Litigator is not guaranteed to be correct, complete, or current. Barbara makes no warranty, express or implied, about the accuracy or reliability of the information provided within this e-zine/article, or to any other website to which this e-zine/article may be linked.