In limine

In U.S. law, a motion in limine (Latin: "at the start", literally, "on the threshold") (Latin pronunciation: [ɪn ˈliːmɪˌne] in LEE-min-ay) is a motion used to request that the judge rule that certain testimony be excluded. The motion is always discussed outside the presence of the jury and is always decided by a judge in both civil and criminal proceedings. It is frequently used at pre-trial hearings or during trial, and it can be used at both the state and federal levels.

The reasons for the motions are wide and varied, but probably the most frequent use of the motion in limine in a criminal trial is to shield the jury from information concerning the defendant that could possibly be unfairly prejudicial to the defendant if heard at trial. Other reasons arise under the Federal Rules of Civil Procedure for failure to comply with discovery.

Black's Law Dictionary (8th ed. 2004) defines "motion in limine" as "a pretrial request that certain inadmissible evidence not be referred to or offered at trial." A motion in limine is used to get a ruling to allow for the inclusion of evidence, not only to get a ruling as to whether or not evidence will be precluded from trial. They are made "preliminary", and it is presented for consideration of the judge (or arbitrator or hearing officer) to be decided without the merits being reached first.

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