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Dismissing a subject in court

Asked in Athens, TX - 3 months

I've seen where a attorney can request that a certain topic not be allowed to be brought up during a court proceeding. What is the name of that motion?

Attorney Answers (7)

Catherine Elizabeth Bennett

Catherine Elizabeth Bennett

Bakersfield Litigation Lawyer

Answered 3 months ago. It is generally called a motion in limine. In a motion in limine, you ask the judge to exclude specific evidence on specific evidentiary grounds. Without motions in limine, evidence would come in and be stricken or questions would be asked and objections sustained--either of which makes a jury wonder what is going on. And in the case of striking evidence they've heard, it is very difficult to "unring" the bell. With a motion in limine, the jury never hears about it--even as a question--and you don't have to "unring" the bell.
I am licensed only in California and this response is provided as general information only. It is not intended to... more
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Richard Kurt Arbuckle

Richard Kurt Arbuckle

Houston Litigation Lawyer

Licensed in TX

Answered 3 months ago. It could be a motion to exclude, a motion in limine, a motion to strike, a motion for summary judgement or several others, depending on the stage of the proceeding and what it is that you are trying to exclude. I always add that you probably need a lawyer to help you unless you are in small claims court. Lawsuit procedures are too complicate to try on your own. I can recommend Jeff Weinstein in Athens.
This is not legal advice. You should always discuss the specifics of your issue in person with an attorney. Be... more
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1 comment

Brian Heath Crockett

Brian Heath Crockett

Houston Personal Injury Lawyer

Licensed in TX

Answered 3 months ago. As the other attorneys have stated, you are likely referring to Motions in Limine. In order to get these subjects, topics or information excluded from the trial, you must provide the Court with a legal basis under the Texas Rules of Evidence. The Rules of Evidence are complicated and generally require the assistance of counsel to understand and enforce. If you have not consulted with an attorney, I would highly recommend you do so before trial.
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Robert Bruce Kopelson

Robert Bruce Kopelson

San Jose Car / Auto Accident Lawyer

Answered 3 months ago. In Ca they are called In Limine motions, brought before the case starts, and decided by the judge.
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Sagi Shaked

Sagi Shaked

Miami Personal Injury Lawyer

Answered 3 months ago. If your talking about excluding and/or precluding items at trial, you would be referring to a motion in limine.
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Kelly M. Massad

Kelly M. Massad

Frisco Litigation Lawyer

Licensed in TX

Answered 3 months ago. If it is a topic such as a prior lawsuit against you or an old criminal conviction which does not pertain the to subject matter of the present lawsuit or perhaps your membership in an organization which may affect the jury's impression of you, those are dealt with by Motion in Limine. If you are trying to limit what an a proposed expert can testify about, that is dealt with by Motion to Exclude.
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Howard Robert Roitman

Howard Robert Roitman

Las Vegas Car / Auto Accident Lawyer

Answered 3 months ago. In U.S. law, a motion in limine (Latin: "at the start") (pronounced \in-ˈlē-mi-ˌne\) is a written "request" or motion to a judge that can be used for civil or criminal proceedings, and at the State or Federal level. A frequent use is at a pre-trial hearing or during an actual trial, requesting that the judge rule that certain testimony regarding evidence or information may be included or excluded. The motion is always discussed outside the presence of the jury and is always decided by a judge. The reasons for the motions are wide and varied, but probably the most frequent use of the motion in limine in a criminal trial is to shield the jury from information concerning the defendant that could possibly be unfairly prejudicial to him if heard at trial. Some others arise under the Federal Rules of Civil Procedure for failure to comply with discovery
A motion in limine is used to get a ruling to allow for the inclusion of evidence, not only to get a ruling as to whether or not evidence will be precluded from trial.

Such a motion or order is said to be "in limine", which one commentary states is Latin for "at the outset" They are made "preliminary", and it is presented for consideration of the judge (or arbitrator or hearing officer) to be decided without before the merits are reached.
Most motions in limine in federal courts are governed by the Federal Rules of Evidence (in particular, FRE 403[6]). Some others arise under the Federal Rules of Civil Procedure for failure to comply with discovery
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