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Civil procedure

motion in limine

Motion in limine is the name commonly given a pretrial motion that attempts to prevent the offer of, or reference to, specific evidence or other matters in the presence of the jury. A motion in limine is designed to require a party offering evidence to approach the bench and inquire into the admissibility of the evidence at issue before introducing that evidence to the jury. The purpose of the motion in limine is to prevent the other party from asking prejudicial questions or introducing prejudicial evidence in front of the jury without first asking the trial court’s permission.

In Texas, a motion in limine is a pretrial request made to the court to prohibit the opposing party from mentioning or presenting certain evidence to the jury without first obtaining the court's approval outside the jury's presence. The primary purpose of this motion is to prevent the introduction of evidence or information that is deemed prejudicial, irrelevant, or otherwise inadmissible under the rules of evidence. By filing a motion in limine, an attorney seeks to ensure that the jury is not exposed to potentially harmful or improper material that could influence their decision-making process. The judge will consider the motion and may hold a hearing to determine whether the evidence in question should be excluded from the trial. If the motion is granted, the parties are instructed to refrain from discussing or presenting the contested evidence without first getting permission from the court during the trial. This helps maintain the fairness and integrity of the judicial process by preventing the jury from being swayed by information that is not legally permissible.


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