It is usually done orally the day of trial. Stop worrying about all of this and let your attorney do the job you hired him to do.
Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at www.macyjaggers.com for more information about her services and recent victories.
The vast majority of the courts in which I practice will consider a motion in limine filed on the day of trial, even if handed to the prosecutor at the start of the trial and then tendered to the judge at the bench.
However, when to file a motion in limine and whether to file one are tactical decisions that experienced lawyers make based on that experience.
Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.
You can file a Motion in Limine anytime before trial begins and in same instances even after the trial has begun, (oral or written). Just remember to get a pretrial ruling on it and object PROPERLY if the Motion is violated.
A scheduling order may require Motions be files at least 7 or 10 or mare days before trial,, just be aware of that scheduling order and follow it.
Paul J. Smith
Board Certified Criminal Law
Texas Board of Legal Specialization
Sometimes an oral motion in limine is made just prior to the witness testifying. It is used to put the judge and prosecutor on notice of possible objectionable testimony. If it is a reasonable request, most judges will grant it and give the defense lawyer an opportunity to discuss the evidence outside the presence of the jury.
A roundup of the best tips and legal advice.