Motion in Limine

A motion in limine is a request the lawyers make before trial — before the jury is even seated — asking the judge to decide whether certain evidence can be used. The point is to handle these issues in advance, so that the jury never accidentally hears something the law does not allow. In a California criminal case, these motions can shape exactly what the jury sees and hears.

How Motions in Limine Work in California

California motion in limine practice is governed by a combination of statutes and case law, including Evidence Code § 402, which allows the court to hear and decide preliminary fact questions outside the jury’s presence. There is no rigid filing deadline in the Penal Code, but most California Superior Court judges set a deadline at the trial readiness conference, typically requiring written motions a week or more before trial. Each motion is supported by a memorandum of points and authorities and, when needed, a declaration laying out the relevant facts.

Common motions in limine in California criminal cases include motions to exclude prior bad acts under Evidence Code § 1101, motions to limit prior conviction impeachment under § 788, motions to exclude unduly prejudicial evidence under § 352, motions to admit or exclude expert testimony, and motions to enforce existing suppression rulings. The judge can rule definitively or, in some cases, defer the ruling until trial when the issue arises in context. Either way, properly preserved motions create a record for appeal if the ruling turns out to be wrong.

Why Motions in Limine Matter to Your Defense

What the jury hears matters more than almost anything else in a California criminal trial — and motions in limine are how the defense controls that. A successful motion to exclude prior conduct under § 1101 can prevent jurors from learning damaging history that has nothing to do with the current charges. A successful § 352 motion can keep out gruesome but unnecessary photos. A successful Sanchez motion can limit what an “expert” testifies based on case-specific hearsay.

Strong motion in limine practice also forces the prosecution to commit to its case in advance. By the time the jury is empaneled, the legal landscape is largely set, and the trial narrative is much more predictable. A skilled criminal defense attorney spends the days before trial drafting these motions carefully — and the difference between filing them seriously and treating them as a formality is often the difference between conviction and acquittal.

Related Legal Terms

Motions in limine are part of broader pretrial motions practice, alongside the suppression motion and other forms of evidence litigation, and shape how evidence and exhibits are ultimately presented at trial. They are routine in our criminal defense and DUI defense work.

Facing Charges Where This Applies?

If your case is heading to trial, the motions in limine filed in the weeks before can determine what the jury actually gets to hear. Attorney Chris Nalchadjian offers free, confidential consultations 24/7. Call KN Law Firm at (888) 950-0011.