3.7 Motions in Limine

• Library: Trial of Capital Murder Cases in Virginia (Virginia CLE) (2019 Ed.)

3.7 MOTIONS IN LIMINE

A motion in limine is filed to obtain a pretrial ruling about a trial matter. The use of motions in limine is encouraged insofar as they narrow issues, prevent delay, and improve trial efficiency. In a capital case there are opportunities for both sides to seek evidentiary rulings through motions in limine. For example, claims that unadjudicated acts of misconduct are inadmissible to prove "future dangerousness" are often made at trial or on appeal by challenge to the sufficiency of the evidence. ¹⁰⁶ It is probably better for all parties that this matter be addressed pretrial by a motion in limine. ¹⁰⁷

Motions in limine are discouraged insofar as they seek advisory or conditional rulings. For example, a motion in limine seeking an evidentiary ruling that depends upon a relevance determination is improper because a definitive ruling on relevancy may depend upon conditions that arise at trial. ¹⁰⁸ In Green v. Commonwealth, ¹⁰⁹ the defendant filed a pretrial motion asking the court to rule that the evidence available to the Commonwealth would be insufficient, as a matter of law, to establish the vileness aggravating factor. The Supreme Court held that "there is no procedure in Virginia that allows a circuit court, in a pretrial context, to rule on the sufficiency of the Commonwealth's evidence in a criminal case. Instead, the court must determine the sufficiency of that evidence based on the record made at trial."

Motions in limine need not be limited to seeking evidentiary rulings. Any matter pertaining to the conduct of the trial that can be resolved pretrial

[Page 78]

may be raised by such a motion. For example, a defendant accused of capital murder for the slaying of a law enforcement officer might move in limine to forbid officers from attending trial in uniform. For a sample of such a motion and a supporting memorandum, see Appendices 3-7 and 3-8 of this chapter.

When a motion in limine to preclude evidence has been...