Motions In Limine — Preventing The Prejudicing Of A Jury
When you present your personal injury case to a jury of strangers, the evidence they see and hear determines who wins. This makes it vital that you limit evidence that could have an unnecessarily damaging impact. How can you do this? One key tool is known as a motion in limine. How does such a motion work? And what two ways can you use it to help your case? Here's what you need to know.
What Is a Motion in Limine?
Named after a Latin term for 'at the start', motions in limine seek to limit what evidence is allowed to be brought up in court. These motions are usually done during the pre-trial phase with the goal of preventing the jury from ever seeing, hearing, or even knowing about a certain piece of evidence or testimony.
The importance of this cannot be overstated. Once something is presented in open court, it's hard to put the metaphorical genie back in the bottle. Jurors may be instructed to ignore what they heard or saw, but this is always easier said than done. The best thing is to never plant seeds in their minds in the first place.
How Do You Use Motions in Limine?
There are basically two reasons to use such a motion. The most common is to prevent unfairly prejudicial evidence from being introduced. For example, you can prevent your opponent from using testimony from an expert witness whose credentials are irrelevant or unproven. Or it might bar them from referring to a past driving conviction if that has no bearing on your current car accident.
The second reason to deploy motions in limine is to smooth out the process once you're in front of a jury. Perhaps you are the defendant in that car accident case and want to introduce the plaintiff's prior conviction for drinking and driving. The plaintiff will surely object to this. By putting it to the judge using a motion in limine, this legal issue is settled now. You can then present your case with less interruption and less confusion for the jury.
Where Can You Learn More?
Used correctly, motions in limine make a huge impact on the success of your case. Used incorrectly, though, they risk annoying the judge and receiving backlash. Learn more about how such motions can help your particular case. Meet with a personal injury lawyer in your state today to find out more.
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