The Honorable Jodie Mooney, Lane County Circuit Court
Motions in limine are often over-used and frequently ineffective. Some lawyers include everything from soup to nuts – whether they need to or not. The motions take time and potential jurors already unhappy to be missing work are made to wait even longer before voir dire can begin. To avoid frustration and unnecessary delay, each motion should be carefully considered before it is included.
Historically, motions in limine were not favored. Nielsen v. Brown, 232 Or 426, 430, 374 P2d 896 (1962) (the procedure of attempting to ‘suppress’ testimony before a witness is called to the stand is not to be commended). Although OEC Rule 104 tells us that, when the interests of justice require it, preliminary questions concerning the admissibility of evidence are to be determined by the court, you still won’t find the word “limine” anywhere in the Oregon Revised Statutes. Current case law supports such motions. But keep in mind that they are supported as a mechanism to further efficiency and justice. State v Foster, 296 Or. 174, 674 P.2d 587 (1983) (the “motion in limine” provides a legal procedure to flush out problems before a jury is contaminated with the evidence. The old cliché, “you can’t un-ring a bell,” still applies).
Think hard before filing:
- Are you simply asking the court to exclude all irrelevant evidence? or all hearsay statements?
- Are you seeking to exclude evidence beyond the scope of the pleadings?
- Are you filing motions that are not seriously in dispute (i.e. – re insurance) or that seek to exclude evidence that your opponent does not intend to offer?
- Are you using a template that pre-dates your Bar number by more than 3 years? Can you reduce the number of motions to less than ten?
And, then, think a bit more:
- Have you spoken with opposing counsel to determine any objections?
- Have you narrowed the scope to specific and identifiable statements or evidence?
- Which motions really matter to your case? Or, do you really think that the potential evidence would be so unfairly prejudicial that the judge should rule before hearing any evidence?
- Have you got your list of motions down to less than five?
Then file your motions.