Item: Miller & Zois, Attorneys at Law
Rating: 5
Author: Terry Waldron

Below are sample motions in limine we have filed in our personal injury cases. These may help you if presented with an issue in your motion in limine similar to the one presented in our case.

Our lawyers have deleted the name of the client, court, or witnesses in specific instances for confidentiality. (Some of our clients have also kindly agreed to allow us to include their names.) The substance of the motion in limine remains intact.

Miller & Zois is committed to the continued education of other personal injury attorneys who are fighting on behalf of injured clients. If you have any motions that you believe would be of assistance to other attorneys representing injured victims, please forward them to us, and we will, if appropriate, put them up here.

You can also find other sample motions in tort cases and even more motions in limine here.

🧠 Expert Testimony Challenges

Exclude Cumulative Expert Testimony
Avoid a parade of defense experts repeating the same testimony.

Preclude Defendant’s Experts
Challenge the admissibility or qualifications of defense witnesses.

Exclude Opinion Testimony
Strike speculative or unsupported expert opinions.

Respond to Motion to Limit Your Expert
Fight their attempts to restrict your expert’s reach
→ See Defendant’s Motion

🚫 What You Do Not Want the Jury to Hear

Exclude Arrest History
Keep prior unrelated legal trouble out of the courtroom.

Block Immigration Status
Don’t let immigration prejudice creep into your case.

Prescription Drug Use
Prevent inflammatory references to addiction or misuse.

Exclude the Will
Oppose any attempts to bring the decedent’s will into evidence.

🛡️ Protecting the Plaintiff

Prevent Attacks on Client’s Credibility
Stop the defense from labeling your client a liar or malingerer.

Exclude Comparative Negligence
Preempt improper blame-shifting arguments.

Exclude Vehicle Property Damage
Keep juror focus on injuries, not car damage.

📑 Procedural & Evidentiary Tweaks

Subsequent Remedial Measures
Bar evidence of later fixes made by the defense.

Strike Ad Damnum Clause
Avoid anchoring jurors with arbitrary damage requests.

Informed Consent Form
Counter their claim that the signed form shields them.
→ View Defendant Response

⚖️ Sample Defense Motions in Limine

🔐 Privilege & Testimony Limits

Asserting Marital Privilege
Prevent a spouse from being compelled to testify in violation of Maryland’s spousal privilege protections.

Exclude Unidentified Witnesses
Move to bar surprise witnesses who were not disclosed during discovery or included in the pretrial order.

💉 Substance Use & Character Evidence

Exclude Cocaine Use
Exclude prejudicial and irrelevant references to past drug use that do not bear on liability or damages.

🎥 Demonstrative & Visual Evidence

Medical Animation Video
Oppose defense motions to exclude medically accurate animations or illustrations intended to clarify injury mechanisms.

🛠️ Jury Control & Defense Strategy

Limit Peremptory Challenges of Codefendants
Prevent multiple aligned defendants from stacking the jury with excessive peremptory challenges.

Exclude Reference to Other Parties Sued
Bar evidence that other defendants were previously named or dismissed from the case to avoid jury confusion or prejudice.

How to Write a Motion in Limine

A well-drafted motion in limine is one of the most effective tools for shaping the evidentiary boundaries of trial before the first juror is seated. Unlike discovery motions or dispositive motions, these are strategic filings designed to exclude prejudicial, irrelevant, or legally inadmissible evidence from being introduced during trial. When used correctly, they protect the record, narrow the scope of the opposing party’s presentation, and frame the trial narrative on more favorable terms.

Know the Purpose: Prevention, Not Correction

The purpose of a motion in limine is to prevent improper evidence from ever reaching the jury, not to undo its damage after it has been admitted. These motions exclude testimony, documents, or references that would be unfairly prejudicial, confusing, or otherwise inadmissible under the rules of evidence. Courts favor addressing these issues pre-trial because it avoids mid-trial objections, mistrials, and curative instructions that may not fully mitigate harm.

A proper motion in limine should identify specific evidence or arguments that the moving party seeks to exclude and clearly articulate why that evidence should be kept from the jury.

Begin with Clear, Targeted Drafting

The strongest motions in limine are precise. They do not seek to exclude vague categories of information. Judges hate those and will either deny them or, more likely, just defer ruling. You want to target discrete exhibits, lines of testimony, or recurring themes the opposing party may pursue. The motion should include:

A short, plain statement of what is being challenged
An explanation of the legal grounds for exclusion (e.g., relevance, hearsay, Rule 403 prejudice, prior bad acts)
Citations to the applicable rules of evidence or case law
A specific and narrow request for relief

Broad, boilerplate motions that appear to preempt the opposing party’s entire case are unlikely to succeed and may irritate the court. Precision is more persuasive.

Anticipate the Opposition’s Argument

A successful motion in limine not only explains why the evidence is inadmissible. But you also want to anticipate how the opposing party may argue for its admission. If the other side will claim the evidence is relevant for impeachment, intent, or rebuttal, the motion should address those points directly and explain why those theories do not apply under the current facts or are outweighed by unfair prejudice.

For example, if the opposing party intends to introduce a plaintiff’s prior unrelated arrest, the motion should address not just its irrelevance but also why it lacks probative value for credibility and poses a substantial risk of character assassination under Rule 403.

Tailor the Request for Relief

The conclusion of the motion should request specific rulings. Rather than asking the court to exclude “all evidence relating to character,” ask the court to preclude any reference to a particular incident, document, or statement. If necessary, request a limiting instruction to control how the jury may interpret evidence allowed in for a restricted purpose.

Where the motion seeks a blanket exclusion — such as barring any reference to insurance coverage or settlement negotiations — it is helpful to cite local custom, prior rulings in similar cases, or published guidelines from the trial judge’s own standing orders.

Consider the Practical Timing

Although motions in limine are often filed shortly before trial, consider raising the issue early if it may affect pretrial disclosures, exhibit lists, or deposition designations. In some cases, a ruling on the motion may affect how voir dire is conducted or whether certain witnesses are even called.

Also, counsel should be prepared to renew the objection orally at trial to preserve the issue for appeal, particularly if the court reserves its ruling or allows the issue to be re-raised in context.

Draft with the Judge in Mind

Judges vary in how they prefer to handle motions in limine. Some address them in written orders before trial. Others defer until the pretrial conference or morning-of proceedings. Regardless, the motion should be clear, concise, and respectful of the court’s time. Bullet points or numbered sections often improve readability.

One more thing: avoid hyperbole or emotional language. It does not help. These motions should sound clinical and evidentiary, not adversarial. The tone should suggest an attorney focused on the integrity of the trial process, not on suppressing legitimate argument.

More Thoughts on Motions in Limine

The phrase in limine in Latin means “on the threshold.” A motion in limine is used to prohibit or limit certain testimony or evidence at trial. A motion in limine in a personal injury case is a motion typically made before the trial starts but can be made at any time before or during a trial.

In what situation is a motion in limine appropriate? You should file a motion in limine if you believe there is evidence the defendant might introduce at trial that could be objected to because it is incompetent or irrelevant. A motion in limine is also appropriate if you believe the evidence that the defendant might want to introduce at trial is unduly prejudicial to your client.

In most courts, lawyers must file any motion within fifteen days before trial. The deadline will be set either by rule or by the scheduling order. Many judges view motions in limine as a form of a preliminary injunction. In other words, the moving party would be irreparably harmed by waiting for an in-trial objection, after the cat is already out of the bag in a sense. It also just makes the trial go smoother to resolve these issues up front. (Smooth trials are generally better for the plaintiff.)

Consequently, the standard for granting such relief in Maryland is whether any reference to the evidence the moving party seeks to exclude is so prejudicial that the nonmoving party may not refer to it. This is particularly important if you do not want defense counsel referencing the evidence at issue in the defendant’s opening statement (where an objection is more difficult).

Lawyers must also remain mindful of the scope of the relief sought and should reflect that request in a draft order for the trial court’s signature. The order must contain language that is narrowly tailored to the inappropriate evidence. Judges are reticent to exclude broad categories of evidence but may be more receptive to a narrower request.

If you are on the losing side of the court’s ruling to exclude evidence, it is important to remember that, unlike many judicial orders, orders in limine are interlocutory and not final decisions on the admissibility of evidence. Accordingly, it is not inappropriate to request a reversal or modification of a prior ruling, particularly if the request is based on a different presentation of evidence than the trial court was led to believe would be presented. In fact, these arguments often need to be raised again because a denial does not always preserve the record for appeal, particularly if the argument is in the judge’s chambers.

Motions in Limine – FAQ

What is a motion in limine?

A motion in limine is a pretrial request that asks the court to exclude specific evidence or arguments from being introduced at trial. The term originates from Latin, meaning “at the threshold,” reflecting the timing of these motions—typically brought before opening statements. The purpose is to prevent the introduction of prejudicial, irrelevant, or otherwise inadmissible material in front of the jury. These motions can shape the evidentiary boundaries of a case before trial begins, streamlining the proceedings and protecting against improper influence on the factfinder.

What issues are typically addressed in a motion in limine?

Motions in limine are often used to preclude references to prior criminal records, unrelated lawsuits, insurance coverage, settlement negotiations, inflammatory characterizations, or testimony from unqualified or cumulative expert witnesses. Counsel may also use them to challenge the admissibility of documents not produced in discovery, or to ensure compliance with prior discovery rulings. In general, these motions seek to prevent the opposing party from injecting improper or prejudicial content that could taint the jury’s perspective.

When does the court rule on a motion in limine?

The court may rule on a motion in limine before trial begins, at a pretrial conference, or may reserve ruling until the issue arises during trial. Timing often depends on the nature of the evidence and whether the court believes it can make a meaningful decision in advance. In some cases, judges prefer to hear the context in which the evidence is introduced before making a ruling. Therefore, it is advisable to be prepared to renew or reinforce the objection at trial, even where a motion was previously filed.

Why use a motion in limine instead of a simple trial objection?

A trial objection may preserve an evidentiary issue for the record, but it does not necessarily prevent the jury from hearing the objectionable content. If the evidence is presented briefly, the cat may already be oiut of the bag and you cannot unring that bell with the jury. The harm might already be done.

A successful motion in limine prevents the opposing party from mentioning the topic altogether, either in opening, during witness examination, or through exhibits. It also signals to the court and opposing counsel that specific boundaries must be observed, reducing the risk of improper argument or testimony reaching the jury.

Must a motion in limine be supported by legal authority? (Yes and no.)

Well, of course. A well-drafted motion in limine should be grounded in the applicable rules of evidence, case law, or procedural rules. Courts are more likely to grant motions that clearly demonstrate a legal basis for exclusion, particularly where relevance is minimal and prejudice is high. Boilerplate motions without citation often carry less weight and risk being denied without a hearing. That is pretty obvious, right?

That said, many motions in limine tend to include minimal legal citation because they often address evidentiary issues that hinge more on the case’s specific facts than on complex questions of law. These motions typically exclude or limit particular testimony, exhibits, or arguments. Judges have broad discretion in ruling on these kinds of things, and they know it. So, attorneys often rely more on persuasive reasoning, fairness concerns, or prior rulings in the same case rather than on extensive legal precedent.

Is it better to file separate motions or combine multiple requests?

This depends on the number and complexity of the issues. Separate motions are usually preferred for unrelated evidentiary matters, allowing the court to evaluate each issue independently. But consolidation into a single, clearly structured motion with subheadings can be more efficient if the issues are factually or legally intertwined. In either case, clarity and conciseness are critical—judges are less receptive to disorganized or overly broad filings and will either rule against you or kick the can down the road for when it comes up at trial.

What are the consequences of violating a motion in limine order?

If the court grants a motion in limine and the opposing party introduces or references the excluded matter, sanctions or curative instructions may follow. In egregious cases, such conduct can result in a mistrial. Judges expect counsel to observe rulings in limine strictly, and intentional violations are often viewed as an attempt to unfairly influence the jury, especially where the subject matter is particularly prejudicial.

More Samples in Malpractice, Products, and Car Accident Cases

Take a look at settlement demand packages
Improper uses of motions in limine
Preserving error with a motion in limine
Our Attorney Help Page: use this nationally renowned resource to get templates for anything and everything related to malpractice and motor tort cases

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