Keyword Analysis & Research: motion in limine 403

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Frequently Asked Questions

What are motionmotions in limine?

Motions in limine ask the court to order the opposing party, its counsel, and witnesses not to talk about, or even mention, certain facts or evidence in the presence or hearing of the jury.

When to use a motion in limine in a civil case?

See Lapasinskas, supra, and 63 ALR 3d 311. Generally, a motion in limine is used to exclude evidence that a party believes to be irrelevant or unfairly prejudicial. Often, motions in limine may also be dispositive in nature by seeking to exclude evidence necessary to prove a key aspect of an opponent’s case.

What is the standard of review for motions in limine?

For appellate purposes, the standard of review for motions in limine under MRE 401 and 403, generally is whether the lower court’s decision to admit or exclude evidence was an abuse of discretion. Jim Bob, Inc v Mehling, 178 Mich App 71, 443 NW2d 451 (1990), and Kochoian v Allstate Ins Co, 168 Mich App 1, 12, 423 NW2d 913 (1988).

What happens if a motion in limine is denied?

The court denied the motion and also dismissed the plaintiffs’ complaint because, without being able to introduce this crucial evidence, they could not prove an essential element of their case. A motion in limine may not be a final order, at least until the evidence is actually offered at trial.

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