Actions in Limine

• Author: Jennifer S. Tier
• Pages: 38-40

38 FAMILY ADVOCATE www.shopaba.org

ACTIONS

IN LIMINE

BY JENN IFER S. TIER

Family law trials are wrought with emotions. Al-

though you are presenting evidence and making legal

arguments, sometimes it is hard to keep litigants,

opposing counsel, and the judge focused on the

narrow issues being tried without all of the extra

noise. Sometimes trials involve complex legal arguments that

require citations to important case law, which cannot readily

be presented during the course of the trial. Motions (or

actions) in limine and trial briefs are both excellent tools that

you can use to clearly and concisely focus the issues being

presented to the court. is article will explain what motions

in limine and trial briefs are, the pros and cons of ling

motions in limine, and strategic considerations when you are

ling motions in limine and trial briefs.

What Is a Motion (or Action) in Limine?

e Latin phrase “in limine” means “on the threshold.” A

motion in limine literally refers to a motion made “on the

threshold” of trial. Specically, a motion in limine is a

pretrial motion asking that certain evidence be found

inadmissible and cannot be referred to or oered at trial. e

authority for the use of motions in limine stems from the

trial court’s inherent discretionary power to admit or exclude

prejudicial evidence. Depending on the court’s procedures, a

motion in limine is brought by a certain date pursuant to a

trial order or on the actual rst day of trial before opening

statements or testimony. A motion in limine is made in

writing and submitted to court; thus, it becomes part of the

legal record of your case.

Pros

A motion in limine can eliminate the noise surrounding a

family law trial by preventing your opposing attorney from

introducing improper evidence. Trials can be extremely long

and onerous, and it is to your client’s benet to ensure the

only evidence presented is evidence that is proper. is

ensures that the court is only considering relevant evidence

and is not distracted or overwhelmed with superuous,

improper, or prejudicial information.

One example of such improper evidence is evidence that is

prejudicial. Using a motion in limine, you can exclude

anticipated prejudicial evidence before the evidence is actually

oered. Luce v. United States, 469 U.S. 38, 40 n.2 (1984). is

is especially important for family law cases, as litigants often

cannot separate emotional from legal issues. A judge most

likely does not need to hear about the entire history of the

marriage and about why a party believes their spouse is a

terrible person, especially in states where divorce is “no-fault.”

It is to your client’s benet to limit the evidence to pieces of

information that are legally relevant. Although a court might

not give irrelevant or prejudicial evidence any weight, the same

rule of thumb generally applies for trials as for written

Published in Family Advocate, Volume 44, Number 4, Spring 2022. © 2022 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof

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