Motion in Limine

When the motion in limine is used

Timing: before trial, usually on a schedule set in the pretrial order. This step belongs to the trial stage. At this point, the judge or jury hears evidence and decides the disputed facts.

What the rule requires

• The Federal Rules of Civil Procedure do not contain a specific rule for motions in limine; the Supreme Court discussed in limine rulings in Luce v. United States, 469 U.S. 38 (1984).
• Evidence questions are decided under the Federal Rules of Evidence — for example, relevance under Rule 401.

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Court's authority to manage trials; see Luce v. United States, 469 U.S. 38 (1984) online. Also, the federal judiciary publishes the current rules and recent amendments.

The motion in limine in state court

State courts follow their own rules of procedure. Many states model their rules on the federal rules, so you will often find a similar motion in limine procedure. However, the name, the deadline and the required form can differ. Therefore, look up the matching rule in your state’s rules of civil procedure. Also read your court’s local rules. Our state procedures guide links to each state’s official rules.

Key terms

In addition, these terms come up often with this procedure:

• Motion in limine: a motion asking the court to decide before trial whether particular evidence may be used.
• Evidence: testimony, documents and things offered to prove or disprove facts.
• Relevant evidence: under Federal Rule of Evidence 401, evidence is relevant if it has any tendency to make a fact more or less probable than it would be without the evidence, and the fact is of consequence in determining the action.
• Hearsay: under Federal Rule of Evidence 801(c), a statement the declarant does not make while testifying at the current trial or hearing, offered to prove the truth of the matter asserted. Many exceptions and exclusions exist.

Related procedures

Similarly, these procedures often come up alongside it:

• Scheduling Order and Pretrial Conferences: the court's order setting deadlines for joining parties, amending pleadings, completing discovery and filing motions, and the conferences that manage the case.
• Motion for Judgment as a Matter of Law: a motion in a jury trial arguing that a reasonable jury would not have a legally sufficient evidentiary basis to find for a party on an issue.

Before you rely on this page

Always read the current rule yourself instead of relying on a summary. Next, check the local rules and the judge’s standing orders, since they often add steps. Then look for recent decisions from your court that apply the rule. Finally, talk to a licensed attorney about your situation. You can find one in our directory.