Many judges view motions in limine as a form of a preliminary injunction. The deadline will be set either by rule or by the scheduling order. In most courts, lawyers must file any motion within fifteen days before trial. A motion in limine is also appropriate if you believe the evidence that the defendant might want to introduce at trial is unduly prejudicial to your client. In what situation is a motion in limine appropriate? You should file a motion in limine if you believe there is evidence the defendant might introduce a trial that could be objected to at trial because it is incompetent or irrelevant. A motion in limine in a personal injury case is a motion typically made before the trial starts but can be made at any time before or during a trial. The phrase in limine in Latin means “on the threshold.” A motion in limine is used to prohibit or limit certain testimony or evidence at trial. Motion to exclude evidence of hospital protocols in a malpractice case.Motion to exclude videos depicting a below-knee amputation.Preclude evidence defendant driver was underinsured or even mentioning the uninsured motorist carrier.Preclude expert testifying about future surgeries.Preclude doctor testifying against a nurse.Plaintiff’s Video Animation (opposition to the hospital’s motion).Contents of Decedent’s Will in a Wrongful Death/Survival Action Car Accident Case.Exclude Lies and Other Bad Acts Related to the Use of Prescription Drugs as a Result of a Truck Accident.Malpractice Claim to Exclude Prior Lawsuits Against Doctor.Prevent the Defendant from Proffering Inconsistent Evidence at Trial.Activities of Plaintiff After the Relevant Events in the Case.Exclude Unsupported Documentation of Machine Readings.

Evidence of Plaintiff’s Abuse (and Lies About) the Use of Prescription Drugs.

Evidence Relating to Plaintiff’s Arrest.

Exclude contributory negligence argument at trial (or comparative negligence).

Opposition to Motion in Limine to Allow Defendants to Not Identify the Uninsured Motorist Carrier.

Defendant’s Motion to Exclude/Limit Expert.

Response to Motion in Limine to Exclude/Limit Expert’s Opinion.

Stop Doctor from Testifying as an Expert.To Prevent Defendant’s Expert from Contending Your Client Is a Malingerer or Liar.Exclude Cumulative Expert Testimony: defense counsel – malpractice lawyers in particular – love to put on multiple experts to say the same thing and you should file a motion in limine to push back.You can also find other sample motions in tort cases and even more motions in limine here. If you have any motions that you believe would be of assistance to other attorneys representing injured victims, please forward them to us, and we will, if appropriate, put them up here. Miller & Zois is committed to the continued education of other personal injury attorneys who are fighting on behalf of injured clients. (Some of our clients have also kindly agreed to allow us to include their names.) The substance of the motion in limine remains intact. Our lawyers have deleted the name of the client, court, or witnesses in specific instances for confidentially. These may help you if presented with an issue in your motion in limine similar to the one presented in our case. Below are sample motions in limine we have filed in our personal injury cases.

Motion in limine to exclude evidence