As a result of a successful motion in limine, the jury may never even learn of the existence of the inadmissible evidence, and counsel is not forced to object, “thereby arousing the suspicions of the jury and creating additional prejudice.” Legal presumptions about the effectiveness of curative instructions aside, “Lady Macbeth grimly reminds us that ‘what’s done cannot be undone.’ And, she might have added, no instruction to disregard evidence is going to undo it.” Motions in limine typically are filed to prevent the introduction of improper evidence, the “mere mention of which at trial” would be unfairly prejudicial. This article discusses some of the pitfalls associated with improvidently filed motions in limine and highlights preservation issues associated with these motions. And as a “side effect of a successful motion in limine ruling, the opposing party may offer more favorable pretrial negotiation terms.” However, when motions in limine are improvidently filed, they waste time, money, and effort. Used strategically and prophylactically, they can “eliminate the noise surrounding” a trial by preventing an opposing party from placing inadmissible evidence before the jury. Motions in limine (“on or at the threshold” or “in the beginning”) can be a useful tool in a trial lawyer’s hands.
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