What is a Motion in Limine in a Criminal Trial?

A motion in limine is a pre-trial motion that seeks to prohibit specific evidence or arguments from being presented during a pre-trial hearing or during a trial. These motions are argued before the presiding Judge and outside the presence of a jury if the matter is on for a jury trial. The objective of a motion in limine is to exclude possible prejudicial, irrelevant or inadmissible information that could impact and confuse the trier of fact in the case. A judge deciding a motion in limine weighs the probative value against the prejudicial effect of the contested information.

Common pieces of evidence subject to motions in limine are scientific in nature requiring an expert witness. This includes evidence such as breathalyzer machines (including the pre-screen or portable breath test instrument), DNA testing, and ballistics, just to name a few. Other items of contention usually include impeachment material such as a testifying police officer’s disciplinary file. In a criminal trial, the District Attorney’s office could make a motion in limine to exclude any cross-examination questions pertaining to the officer’s disciplinary record to avoid mini-trials within the criminal trial. Defense counsel can argue against the motion in limine by asserting that the disciplinary record of the testifying officer goes to that officer’s credibility. It is up to the presiding Judge to rule on any motion in limine made before the commencement of a hearing or trial.