Motion in Limine
A pretrial motion seeking the trial court's preliminary ruling on the admissibility of specified evidence, typically to exclude evidence that is irrelevant, unduly prejudicial, or otherwise objectionable. A granted limine motion does not finally exclude the evidence, it requires the proponent to approach the bench before mentioning the evidence in front of the jury, allowing the court to revisit admissibility in context.
A motion in limine is a pretrial motion seeking the trial court's preliminary ruling on the admissibility of specified evidence, typically to prevent jury exposure to evidence that is irrelevant, unduly prejudicial, hearsay, character evidence, settlement communications, insurance, prior bad acts, or otherwise objectionable. Unlike a motion to exclude, a granted limine motion does not finally exclude the evidence, it requires the proponent to approach the bench before mentioning the evidence in the jury's presence, allowing the court to revisit admissibility in the context of trial.
The limine procedure
Limine motions are typically filed and heard at the pretrial conference, often jointly with motions to exclude expert testimony, motions to bifurcate, and other pretrial-management matters. The procedure: (1) written motion identifying specific evidence to be excluded, with supporting argument; (2) response from opposing party; (3) hearing, often informal, addressing the merits; (4) order granting or denying. A granted limine order typically requires the proponent to approach the bench before referencing the evidence; the trial court then revisits admissibility, often hearing the evidence outside the jury's presence before deciding.
Limine vs. motion to exclude
Limine motions and motions to exclude are functionally similar but procedurally distinct. Motion to exclude: seeks a final pretrial ruling that specified evidence is inadmissible at trial. Motion in limine: seeks a preliminary ruling that the evidence may not be referenced in the jury's presence without first approaching the bench. The limine procedure preserves the trial court's flexibility, evidence ruled inadmissible in the abstract may be admitted if its proponent can lay the proper foundation or if the opposing party "opens the door." Even evidence that Rules 408 and 411 bar for one purpose may be admitted for another, such as proving bias, so its admissibility often turns on how it is offered at trial.
Common limine subjects
Recurring categories of limine motions in commercial cases: (1) settlement communications, Rule 408 protects most settlement discussions; (2) liability insurance, Rule 411 generally bars reference; (3) prior judgments and findings, generally not admissible to prove the underlying conduct; (4) other lawsuits, typically excluded as character evidence or unduly prejudicial; (5) "golden rule" arguments, asking jurors to put themselves in the plaintiff's place; (6) per diem damages arguments, limitations on calculating damages by reference to time; (7) witness criminal records, Rule 609 limits impeachment use; (8) references to claims previously dismissed or summary-judged; (9) references to prior trial outcomes; (10) discovery sanctions, generally inadmissible at trial.
Preservation of error
A limine ruling alone does not preserve error for appeal. Acord v. General Motors Corp., 669 S.W.2d 111 (Tex. 1984), and progeny require that the objecting party also object when the evidence is offered at trial. A limine order serves to keep prejudicial questions and statements from the jury until the court rules. The objection made when the evidence is offered is what preserves error for appellate review. Failure to object at trial waives the limine-protected issue.
Violations of limine orders
When opposing counsel violates a limine order, referencing protected evidence in the jury's presence without first approaching the bench, the appropriate response is immediate objection, motion to strike, request for instruction, and motion for mistrial if the violation is severe. The trial court has discretion to choose the remedy, from an instruction to disregard to a mistrial.
For Texas commercial litigants, a limine order shapes what the jury hears in opening and early testimony, but it does not settle admissibility. Under Hartford Accident & Indemnity Co. v. McCardell, 369 S.W.2d 331 (Tex. 1963), and Acord, error is preserved only by an objection when the evidence is actually offered, whether the limine motion was granted or denied. Rule 103(d) separately directs the court, to the extent practicable, to keep inadmissible evidence from being suggested to the jury by any means.