A motion in limine is “[a] pretrial request that certain inadmissible evidence not be referred to or offered at trial. Typically, a party makes this motion when it believes that mere mention of the evidence during trial would be highly prejudicial and could not be remedied by an instruction to disregard.” Black’s Law Dictionary (8th ed). In criminal cases, the motion is often a motion to suppress. A motion in limine may also be employed by a party seeking to gain admission of certain evidence, rather than suppress it. Motions in limine are most commonly made before trial; however, they may also be made and decided during trial. See MRE 104. “To the extent practicable, the court must conduct a jury trial so that inadmissible evidence is not suggested to the jury by any means.” MRE 103(d).
Neither the court rules nor the rules of evidence specifically provide for a motion in limine by name. However, the practice is referenced in MRE 103(b), which provides that “[o]nce the court rules definitively on the record — either before or at trial — a party need not renew an objection or offer of proof to preserve a claim of error for appeal.” In addition, courts have the inherent discretion to decide preliminary evidentiary questions in either a civil or criminal case, and MRE 104(a) obligates a trial court to resolve preliminary evidentiary questions by making a determination about whether evidence is admissible. A court may determine the scheduling of motions in limine through a final pretrial conference and order. See MCR 2.401(H)(2)(a); MCR 6.001(D).
Committee Tip:
Care should be taken to not hastily decide a motion in limine. At times, the context of the trial provides a better basis to determine the evidence’s admissibility. Often no harm results by delaying the decision. However, an advance decision may be warranted if the evidence is very impactful.
See the Michigan Judicial Institute’s Common Motions In Limine Table for a list of situations where motions in limine are commonly used.