Updated 01/29/25
Motions in limine are a powerful tool in litigation, allowing attorneys to shape the course of a trial before it even begins. These pre-trial motions help exclude prejudicial, irrelevant, or inadmissible evidence, ensuring that only legally permissible materials are presented to the jury. Particularly in eviction cases and other landlord-tenant disputes, the strategic use of a motion in limine can significantly impact the outcome. Understanding how and when to use these motions can make all the difference in trial strategy and case preparation.

This guide will explore the fundamentals of motions in limine, their legal requirements under California law, and best practices for drafting and arguing them effectively.
Table of Contents
- What Is a Motion in Limine?
- How and When to Use a Motion in Limine
- What Types of Evidence Can Be Excluded?
- What Evidence Cannot Be Excluded with a Motion in Limine?
- Legal Requirements for Filing a Motion in Limine in California
- The Role of Motions in Limine in Trial Strategy
- Examples of Successful Motions in Limine
- How to Draft an Effective Motion in Limine
- Motion in Limine vs. Other Pre-Trial Motions: Key Differences
- Common Mistakes to Avoid When Filing a Motion in Limine
- Frequently Asked Questions
What Is a Motion in Limine?
A motion in limine is a pre-trial motion requesting that the court exclude specific evidence from being introduced at trial. These motions are filed before the trial begins to prevent jurors from being exposed to prejudicial or irrelevant material. Judges often rule on these motions during pre-trial hearings or just before opening statements.
The primary purpose of a motion in limine is to ensure a fair trial by eliminating evidence that could improperly sway a jury. In California, these motions are frequently used in civil litigation, including eviction cases, to challenge misleading testimony, improper documents, or legally inadmissible arguments.
How and When to Use a Motion in Limine
Attorneys should use motions in limine strategically to prevent the opposing side from introducing evidence that could unfairly prejudice the jury. These motions are typically filed before trial but can sometimes be raised at trial if new evidentiary issues arise.
Common reasons for filing a motion in limine include:
- Preventing hearsay testimony
- Excluding prior bad acts or irrelevant character evidence
- Eliminating speculative or unfounded expert opinions
- Restricting references to settlement negotiations or privileged communications
Timing is crucial. Filing a motion in limine too late may lead to procedural obstacles, while filing it too early without proper evidentiary support could weaken your argument.
What Types of Evidence Can Be Excluded?
Motions in limine can be used to exclude a variety of evidence, including:
- Hearsay statements that do not qualify for an exception
- Irrelevant evidence that does not relate to the claims or defenses in the case
- Prejudicial information that could unfairly bias the jury (e.g., inflammatory language, unrelated criminal history)
- Improper expert testimony that lacks scientific reliability or is outside the expert’s scope
- Unauthenticated documents that do not meet evidentiary standards
By excluding improper evidence before trial, attorneys can control the narrative and protect their client’s case from unnecessary distractions.
What Evidence Cannot Be Excluded with a Motion in Limine?
While motions in limine are powerful, they cannot be used to exclude:
- Legitimate, probative evidence that is directly relevant to the case
- Properly authenticated business records that meet evidentiary standards
- Statements made by parties under oath unless they violate a specific evidentiary rule
- Testimony that is directly tied to the legal elements of the case
Judges will evaluate each motion carefully to ensure that valid evidence is not excluded without a strong legal basis.
Legal Requirements for Filing a Motion in Limine in California
In California, motions in limine must comply with procedural rules set by the courts. The key requirements include:
- Filing deadlines as established by local court rules
- A written motion stating the specific evidence to be excluded and the legal basis for exclusion
- Supporting legal authority citing relevant statutes or case law
- A hearing before trial where both parties argue their positions
Failure to adhere to these requirements can result in the motion being denied.
The Role of Motions in Limine in Trial Strategy
Motions in limine are not just about excluding evidence; they are a critical strategic tool in trial preparation. By preemptively eliminating harmful evidence, attorneys can:
- Shape the scope of trial arguments
- Reduce surprises during litigation
- Strengthen their client’s legal position before a jury is seated
Examples of Successful Motions in Limine
Successful motions in limine often involve:
- Suppressing unreliable witness testimony
- Excluding improper references to prior lawsuits
- Preventing introduction of improperly obtained evidence
These examples highlight how effective pre-trial motions can dictate the direction of a case.
How to Draft an Effective Motion in Limine
To draft a compelling motion in limine:
- Clearly identify the evidence you seek to exclude.
- Provide strong legal arguments backed by statutes and case law.
- Explain why the evidence is prejudicial or irrelevant.
- Use precise and concise language to ensure clarity for the court.
- Anticipate counterarguments and address them proactively.
Motion in Limine vs. Other Pre-Trial Motions: Key Differences
Motions in limine differ from other pre-trial motions, such as:
- Dispositive motions (e.g., summary judgment) that seek to resolve the case entirely
- Motions to compel that force the production of evidence
- Motions to suppress which are typically used in criminal cases
Understanding these distinctions ensures proper use of each legal tool.
Common Mistakes to Avoid When Filing a Motion in Limine
- Failing to file on time
- Not providing sufficient legal support
- Attempting to exclude evidence that is clearly admissible
- Overusing motions in limine, which can frustrate judges
Frequently Asked Questions
What is the purpose of a motion in limine?
To exclude prejudicial or inadmissible evidence before trial.
When should a motion in limine be filed?
Before trial, typically during pre-trial motions.
Can a motion in limine be denied?
Yes, if the judge finds the evidence relevant and admissible.
What happens if the opposing side violates a granted motion in limine?
The judge may issue sanctions or instruct the jury to disregard the evidence.
Understanding and effectively using motions in limine can significantly strengthen an attorney’s case. By mastering these pre-trial motions, attorneys can control courtroom proceedings and protect their clients from prejudicial evidence.