§ 6.04 Motions in Limine

• Jurisdiction: North Carolina

§ 6.04 Motions in Limine

The term "motion in limine" means "at the threshold."⁴⁸ It is typically a pretrial request for a preliminary decision on an objection or offer of proof. Although the Federal Rules do not explicitly mention motions in limine, their use is now common.⁴⁹ The trial court's authority to consider these motions is found in Rule 611(a), which recognizes the court's general authority to control the presentation of evidence.⁵⁰ Moreover, the 2000 amendment to Rule 103 (prescribing a definitive ruling "either before or at trial") implicitly recognizes motions in limine.⁵¹ Whether the trial court decides to make a pretrial ruling or postpone a ruling until trial is a matter of discretion.⁵² The ruling may also be tentative.⁵³

"Conclusive pretrial rulings on evidence . . . permit the parties to adjust their trial strategy in light of the court's decisions."⁵⁴ Furthermore, even if a ruling on a motion in limine is postponed until trial, it serves an important function. The motion may prohibit opposing counsel from attempting to introduce the evidence or from referring to it in the opening statement until the trial court has ruled finally on its admissibility.

[A] "Definitive" Rulings

Rule 103(a) was amended in 2000 to clarify that if a trial judge makes a definitive ruling in response to a motion in limine, a party need not object or make an offer of proof at trial.⁵⁵ According to the federal drafters, "When the ruling is definitive, a renewed objection or offer of proof at the time the evidence is offered is more a formalism than a necessity."⁵⁶ The drafters also noted that the burden is "on counsel to clarify whether an in limine or other evidentiary ruling is definitive when there is doubt on that point."⁵⁷ For example, the Eleventh Circuit ruled that there was no definitive ruling because "[t]he court neither 'denied' or 'overruled' the objection nor used decisive language such as 'rule,' 'decide,' or 'conclude.'"⁵⁸

Not all states follow this practice. Some require the party to renew the objection or offer of proof at trial. Failure to do so results in forfeiting the issue on appeal.

[B] Motions to Suppress Compared

Motions in limine are somewhat like motions to suppress in criminal cases, except they are not mandatory, whereas motions to suppress typically are.⁵⁹ As noted above, suppression motions are usually associated with challenges to the admissibility of evidence on constitutional grounds. If a motion to suppress is not made pretrial...