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How-To: Write a Motion in Limine

Background: Your civil opponent will likely introduce certain evidence at trial
Problem: That evidence is bogus and harmful
Solution: You ask the Court to prevent the use of that certain evidence at trial

I. Definitions

In Limine
"Lat.: at the beginning or the threshhold. see motion in limine" Motion In Limine
"a motion used to exclude reference to anticipated evidence claimed to be objectionable until the admissibility of the questionable evidence can be determined either before or during the trial by presenting the court, out of the presence of the jury, offers and objections to the evidence. The motion seeks to avoid injection into trial of irrelevant, inadmissible, or prejudicial evidence at any point, including the voir dire examinations, opening statements, and direct and cross-examinations, and therefore prevents mistrials based on evidentiary irregularities." Source: Barron's Dictionary of Legal Terms, Steven H. Gifis, 5th Edition; © 2016

II. Legal Citations

Rule 1 Fed. R. Civ. P. | Scope and Purpose
These rules govern the procedure in all civil actions and proceedings in the United States district courts, except as stated in Rule 81. They should be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding.
Rule 402 Fed. Evid. | General Admissibility of Relevant Evidence
Relevant evidence is admissible unless any of the following provides otherwise:
• the United States Constitution;
• a federal statute;
• these rules; or
• other rules prescribed by the Supreme Court.
Irrelevant evidence is not admissible.

Rule 403 Fed. Evid. | Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons
The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.

III. Samples

# PDF Comments
1logoAdobe± TBD case. Pro Se Filing. USFLMD. Perjury from a State Officer.iconPriceTag
2logoAdobe✓ Granted | USFLMD | 2019 | Attorney Filing | Hearsay evidence explicitly prohibited by statuteiconPriceTag
3logoAdobe✓ Granted | USFLMD | 2018 | Attorney Filing | Judicial EstoppeliconPriceTag
4logoAdobe¿? Unknown Outcome | Duval | 2012 | Attorney Filing | Plaintiff's Summmary, Fraudulent TransfericonPriceTag
5logoAdobe✓ Partially Granted | DOAH | 2016 | Attorney Filing | Florida Bar complaints, Code Enforcements...iconPriceTag
6logoAdobe✓ Partially Granted | DOAH | 2018 | Attorney Filing | Iowa Bid ProtesticonPriceTag

IV. Templates

# Word Comments
1USFLMD Version | Replace all placeholder tags (eg "[plfName]" becomes "John Doe").iconPriceTag

V. Application

VI. Quick Commentary

VII. Bibliography

VIII. Conclusion

If you suspect your civil opponent will try to inject tainted/bogus evidence at trial then you can ask the Court to prevent that from happening.


Congratulations! You're now booked up on how to write a Motion in Limine!

Please get the justice you deserve.


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