A “Motion in Limine” is a motion filed by either side to exclude evidence before the trial begins. This type of motion is similar to a Motion to Suppress in that it seeks to exclude evidence from the trial, but differs from a Motion to Suppress on the reasons for exclusion. A Motion to Suppress is almost always aims to exclude evidence based upon a violation of one or more Constitutional Rights while a Motion in Limine aims to exclude evidence based upon the Florida Rules of Evidence. The Florida Rules of Evidence are codified under Florida Statutes, Chapter 90. Because there are many rules of evidence and because they work in conjunction with one another, it is necessary that a lawyer fully understand the facts of the case before he or she can effectively assess whether evidence will be admissible in a trial or whether that evidence can be excluded.

Common Motions in Limine seek to exclude evidence on the following grounds:

• Does not tend to prove or disprove material fact; 90.401

• Is unfairly harmful to other side and proves little; 90.403

• Confuses the material issues; 90.403

• Is misleading to the jury; 90.403

• Is cumulative and unnecessary; 90.403

• Relates to Bad Character when character is not at issue; 90.404

• Relates to prior bad acts, wrongs, or crimes; 90.404

• Statements are protected by a privilege; 90.501-09

• Witness does not have personal knowledge; 90.604

• Improper opinion testimony; 90.701

• Unqualified Expert opinion; 90.702

• Expert methods are unreliable; 90.702

• Hearsay; 90.802

A Motion in Limine can be complex even if a particular Rule of Evidence seems straightforward. This is because all of the rules interact with one another. For example, one rule might say that out-of-court statements by a witness are not admissible, while another rule says an exception allows the statement to come in under certain circumstances. Another example is that one rule states that evidence of prior crimes is inadmissible, while another rule allows a witness to be asked if he or she has any prior felony convictions.

If you or a loved one is concerned that evidence will come into a trial when it shouldn’t and you would like guidance, contact me to discuss.

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