California Partition Law Blog
Motions in Limine are designed to facilitate case management before trial starts because taking a case to trial is an extremely evidence intensive process. Understanding how you can use Motions in Limine to protect and strengthen your case before trial starts is an important step to preparing your strongest case.
What is a Motion in Limine?
Motions in Limine are pre-trial motions used to exclude evidence. (Ca. Motions in Limine § 1:1.) In English, “Motion in Limine” means “at the threshold” or “in the beginning.” Accordingly, Motions in Limine are used to decide difficult evidentiary issues, or exclude unduly prejudicial or irrelevant evidence, before trial starts. (Id.) Motions in Limine protect parties from evidence being presented to the jury which damages their case, without any rational need for the evidence in the present proceeding. This is a necessary protection because attempts to “unring the bell” after evidence has been presented to the jury are obviously ineffective. (Blanks v. Shaw (2009) 171 Cal.App.4th 336.)
When Can You Use a Motion in Limine?
Motions in Limine are always decided by the judge outside of the jury’s presence in both civil and criminal proceedings. You should file a Motion in Limine when there is a high likelihood of winning to avoid exposing the issues you believe to be critical to your case to the opposing party.
A court’s inherent powers allow Motions in Limine to dismiss a cause of action on the pleadings, determine whether a pleading includes a cause of action, to evaluate the sufficiency of evidence, or to require that a party make an offer of proof before trial starts. However, these procedural shortcuts are no longer a common use of Motions in Limine.
More commonly, Motions in Limine are used to exclude evidence under California Evidence Code § 353 which authorizes trial courts to rule on specific objections to pieces of offered evidence that have been erroneously admitted resulting in a miscarriage of justice. (Evid. Code, § 353.) When the court grants a Motion in Limine the order generally includes directions to counsel, the parties, and witnesses to avoid mentioning the excluded evidence during trial. (Sino Century Development Limited v. Farley (2012) 211 Cal.App.4th 688) As such, the court reserves the right to impose monetary sanctions when an order to exclude is violated by any involved person. (Id.)
What Kinds of Evidence Can a Motion in Limine Exclude?
Motions in Limine are used to exclude various types of evidence before the start of trial. Some of the most common types of evidence include: the make and model of a car, personal information such as criminal, financial, and medical records; inadmissible facts including hearsay and improper or unauthorized statements; divorce records; and any mention of other defendants.
The likelihood of success of each motion depends on the substance of evidence seeking exclusion and the specific circumstances of the case. Therefore, a successful motion proves that the evidence is unduly prejudicial, immaterial to the case, irrelevant, or unreliable and must not be admitted protecting the trial’s integrity.
Alternatively, a court may grant an order to exclude while simultaneously allowing that same evidence to be admitted for a limited purpose. (Bennett v. Rancho California Water Dist. (2019) 35 Cal.App.5th 908.) This means that the court can grant an order to exclude evidence of a party’s employment status, but admit that same information for a limited purpose if it is necessary to prove an element of the case, such as a belief that the opposing party was the employer. (Id.)
What Kinds of Evidence Cannot Be Excluded by Motions in Limine?
Generally, Motions in Limine cannot exclude procedural trial matters, such as witness testimony dates, to preserve fairness and common professional courtesy, the opportunity to fully prepare, and due process. (Ca. Motions in Limine § 1:5.) Likewise, Motions in Limine involving matters which lack factual support or whose scope of exclusion cannot be determined by the motion are disfavored by the court. (Id.)
Motions in Limine cannot be used to replace dispositive motions in any court proceeding. In Tung v. Chicago Title Company the court declined to grant an order to exclude evidence offered by a real estate vendor because the evidence’s exclusion would functionally act as a judgment on the pleadings. ((2021) 63 Cal.App.5th 73.) The order failed because a party’s use of a Motion in Limine to exclude material and triable facts or determine a pleadings sufficiency is an improper shortcut which undermines the established civil trial process. (Id.)
What Must a Motion in Limine Include?
California Rules of Court, Rule 3.1112 lists the procedural requirements for Motions in Limine. A complete motion must include four elements: (1) Identification of the party/parties bringing the motion; (2) Identification of the party/parties to whom the motion is addressed; (3) the motion’s basis and the relief it seeks; and (4) If necessary, the portion of the pleading the motion is challenging.
A complete Motion in Limine filing must include the motion itself, including a memorandum in support of the motion, and notice of the hearing on the motion unless otherwise specified. (CA ST CIVIL RULES Rule 3.1112.)
To ensure a party’s objection to the inclusion of evidence is documented on the record regardless of the outcome of their Motion in Limine, the written motion and memorandum must establish sufficiency of the objection. To establish sufficiency of the objection at the time of filing and in any future appeal, the Motion in Limine must include: (1) a particular, specific, and directed body of evidence; (2) statement of a specific legal ground warranting the exclusion; and, (3) the motion must be made before trial starts, or during trial at a contextually appropriate time. (Crouch v. Trinity Christian Center of Santa Ana, Inc. (2019) 39 Cal.App.5th 995.) An incomplete motions risks admitting the evidence, exposing what party’s believe to be critical issues in their case, and waiving any future objection to its admission.
What is an Example?
For example, “Shawn” and “Julie” are neighbors with a history of unfriendly and tense interactions. One day, Shawn is outside collecting yard waste and various other pieces of garbage around his yard, intending to burn the pile in a small, controlled fire on his property. Shawn brings his pile to an open area of grass between his and Julie’s house. Shawn lights the pile on fire, seeing a small flame begin to form, and walks away to finish cleaning up his yard. Julie is not home currently. Unbeknownst to Shawn, the fire quickly grows out of control, engulfing the fence between his and Julie’s houses before spreading to Julie’s house.
Julie arrives home, and immediately calls 911 upon seeing her house engulfed in flames. With her house a complete loss, Julie sues Shawn alleging he purposely burned her house down. As a part of trial preparation Julie is deposed and gives an extremely inflated recitation of the events leading up to her house burning down. She also shares detailed accounts of her and Shawn’s tense history as neighbors. Because Shawn and Julie have such a tumultuous relationship history and Julie is now inflating the details of the fire, Shawn files a Motion in Limine before trial starts, asking the court to exclude evidence of his and Julie’s relationship and Julie’s inflated testimony because the jury would believe Shawn had motive to burn down Julie’s house instead of seeing it for the accident it was.
Conclusion
The Underwood Law Firm has a team of experienced lawyers who can help resolve your property ownership interest disputes at trial and help you pursue solutions like partition actions. We are here to help.