Is is possible to file a motion in limine to exclude irrelevant/unrelated case law that has nothing to do with the issue?

Asked 11 months ago - Baltimore, MD

Just wondering if it's possible to file a motion in limine to exclude irrelevant/unrelated case law that has nothing to do with the issue? And if so, how would I title it?

Attorney answers (1)

  1. Mark William Oakley

    Contributor Level 18

    2

    Lawyers agree

    Answered . A motion in limine is typically a trial day motion, heard as a preliminary matter to exclude facts or evidence which is either inadmissible or calculated solely to cause undue prejudice to the opposing party. the idea is to get this heard before it is presented to the court or jury (typically a jury) because you cannot "un-ring the bell" once the improper evidence or argument is aired in open court. An objection at that point, even if upheld, will not wholly cure the violation. It might also be raised to narrow the issues in contention, because it is anticipated that the other side will attempt to raise and argue issues which have already been decided or which are not relevant to the proceedings. However, in most cases, especially in a matter tried solely before a judge and not a jury, a simple objection at the time the evidence or argument is raised will suffice. A motion in limine is not typically filed with respect to citation of case law; that is a matter for argument as to what authority applies to the legal issues in the case. If you are attempting to exclude citation to case law in a motion or brief, then there is no motion applicable to that relief--you simply file an opposing motion and memorandum of law disputing the citations and citing distinguishing or other applicable law.

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