In limine motions are an under-deployed weapon in the trial lawyer’s arsenal. This article shares two things: first, some observations on the evolving use of in limine motions; second, a note of caution regarding the important distinction between state and federal court regarding in limine motions to bar expert testimony. Although in limine motions are routine today, they were not a standard part of litigation practice as recently as 50 years ago. The use of in limine motions has evolved as well, from a tool to narrow the issues before the commencement of trial, to their current use which includes being brought even during the course of trial to avoid exposing the jury to certain evidence. In limine motions vary in scope from those that whittle away at an opponent’s case, to those that can inflict a fatal blow by eliminating an opposing expert.
In Limine Motions in General
In limine motions are typically filed before trial once the parties are committed to both their proofs and their theory of the case. Although in limine means “at the start” or “at the threshold,” this doesn’t mean that in limine motions are limited to pre-trial. Rather, some in limine motions may naturally arise during the course of trial testimony, particularly proposed expert testimony.
