Chapter 2 - § 2.1 PURPOSE

• Jurisdiction: Colorado

§ 2.1 PURPOSE

Colorado

➢ Authority. The use of motions in limine does not come from any specific statutes and instead comes from the inherent authority of the trial court. Good v. A. B. Chance Co., 565 P.2d 217, 221 (Colo. App. 1977), superseded on other grounds, 2006 U.S. Dist. LEXIS 19366 (D. Colo. 2006); Bruckman v. Pena, 487 P.2d 566, 569 (Colo. App. 1971).

➢ General. A motion in limine is a pretrial motion to limit or exclude evidence, raising preliminarily an issue of evidence believed by the movant to be prejudicial. Bd. of County Comm'rs v. Kobobel, 176 P.3d 860, 862 (Colo. App. 2007).
➢ General. The primary purpose of motions in limine is to prevent prejudice at trial. Uptain v. Huntington Lab, Inc., 723 P.2d 1322, 1326 (Colo. 1986). It should be noted that the denial of a motion in limine cannot provide the basis for prejudice when the subject evidence is kept out. Gonzales v. Mascarenas, 190 P.3d 826, 831 (Colo. App. 2008).

➢ General. The use of motions and orders in limine is approved to forestall the introduction of potentially prejudicial evidence until the court has ruled on its admissibility outside the presence of the jury. Only after hearing evidence can a trial court determine whether a proper foundation exists and whether the evidence is legally relevant. Good v. A. B. Chance Co., 565 P.2d 217, 221 (Colo. App. 1977), superseded on other grounds, 2006 U.S. Dist. LEXIS 19366 (D. Colo. 2006); Bruckman v. Pena, 487 P.2d 566, 569 (Colo. App. 1971).

➢ General. Motions in limine are inappropriate when trial is to the court. Colorado Land & Resources v. Credithrift of America, Inc., 778 P.2d 320, 322 (Colo. App. 1989); see also Good v. A. B. Chance Co., 565 P.2d 217, 221 (Colo. App. 1977), superseded on other grounds, 2006 U.S. Dist. LEXIS 19366 (D. Colo. 2006).

➢ Scope. A motion in limine allows the trial court to consider the exclusion of evidence that may be logically, but not legally, relevant. Good v. A. B. Chance Co., 565 P.2d 217, 221 (Colo. App. 1977), superseded on other grounds, 2006 U.S. Dist. LEXIS 19366 (D. Colo. 2006).

➢ Scope. "Because a motion in limine shortens trial, simplifies issues, and reduces the possibility of mistrial, its function is not unlike the pre-trial conference, and it may accomplish similar ends." Good v. A. B. Chance Co., 565 P.2d 217, 221 (Colo. App. 1977), superseded on other grounds, 2006 U.S. Dist. LEXIS 19366 (D. Colo. 2006).

➢ Scope. "Presentation of issues by means of motions in limine offers

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