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.
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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.
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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.
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