How many motions in limine are too many?

Quite often, trial judges complain about counsel who submit a voluminous amount of motions in limine, particularly when the goal is to exclude any unfavorable evidence and prevent the jury from weighing all of the evidence.

In Pellegrini v. Weiss (2008) 165 Cal.App.4th 515, the court explained:

“Generally speaking, in limine motions are disfavored in cases in which they are used not to determine in advance the court’s projected ruling if presented with an evidentiary objection during trial, but instead to serve as a substitute for a dispositive statutory motion. The increasing prevalence of the practice of using in limine motions in this way produces substantial risk of reversal, particularly in situations in which the constitutional rights to jury trial and confrontation are implicated. As we stated in the recent case of Amtower v. Photon Dynamics, Inc. (2008) 158 Cal.App.4th 1582, 1594, 71 Cal.Rptr.3d 361: ‘[t]he disadvantages of such shortcuts are obvious. They circumvent procedural protections provided by the statutory motions or by trial on the merits; they risk blindsiding the nonmoving party; and, in some cases, they could infringe [on] a litigant’s right to a jury trial. (Cal. Const., art. I, § 16.)’ . . . ‘The better practice in nearly every case is to afford the litigant the protections provided by trial or by the statutory processes.’”

(Id. at p. 530.) Under these circumstances, the trial court will simply defer a decision on the motion until the issue comes up during trial, at which time it can deal with the objection.

Trial judges tend to become a bit persnickety when faced with a huge pile of motions in limine, particularly if the motions are clearly boilerplate, form motions. They also see such motions as an attempt to keep out everything unfavorable to the moving party, burying the other side in paper, and creating more opportunities for "billable events." The judge might reserve his or her ruling, believing such motions are often premature, until the opposing party attempts to introduce the evidence during trial.

Attorneys would do well to avoid trying their cases in a motion in limine, filing only those that are really critical to the case. Tailor the motion in limine to the case and avoid the boilerplate. By doing so, you will be enhancing your credibility and quite possibly, your chances of winning the motion.