Strategic Considerations for Motions in Limine: Timing, Best Practices, Crafting Relief Sought, and More
Admitting Key Evidence, Educating the Court, Capturing Settlement Leverage, Picking Your Battles
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Class Action and Other Litigation
- event Date
Tuesday, October 15, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
-
This CLE course will offer counsel new appreciation of the power and versatility of motions in limine to alter the course of litigation. The panel will guide counsel in how to use them proficiently and proactively to not only obtain rulings on critical pieces of evidence but also to educate the court and glimpse the strengths and weaknesses of opposing parties. The panel will also address best practices when responding to "boilerplate" and bespoke motions.
Mr. Petti is a Partner at Petti and Briones PLLC. He is licensed to practice in Arizona, Oregon and Texas, he received his undergraduate degree from Arizona State University (B.A., History 1980), his Master’s Degree from Northern Arizona University (M.A., History 1982), and his law degree from the University of Arizona (J.D. 1987).
Mr. Rill is a personal injury trial lawyer. His practice focuses on representing individuals who have been injured in auto, motorcycle and pedestrian accidents as well as injuries caused by animal attacks, defective products, transit accidents, dangerous conditions of public property and wrongful death. Mr. Rill has been a personal injury attorney since 2010 and has extensive jury trial experience. He has won personal injury jury trials in Orange County, Los Angeles County, Riverside and San Diego County. In 2020, the Orange County Trial Lawyers Association named him the Young Gun Trial Lawyer of the Year. Mr. Rill graduated from the University of San Diego School of Law in 2010, where he excelled in oral advocacy and was awarded for his pro bono legal service. Prior to that, he attended the University of California, Santa Cruz, where he graduated with a degree in Politics and a minor in History.
Mr. Wegman started his practice to help injured victims navigate our oftentimes complex legal system. He wanted to create a firm environment that allows him to give his clients the attention and care that they deserve after suffering an injury. Mr. Wegman received his Bachelor’s Degree in Political Science from Fresno State University, where he also graduated magna cum laude. He then went on to pursue a Master’s Degree from the University of Iowa. Mr. Wegman attended Chapman University School of Law to obtain his Juris Doctor degree. In addition to receiving this scholarship, he served as the senior editor of a scholarly law journal. As noted by Super Lawyers, Mr. Wegman is a top-ranking lawyer who practices in a wide variety of different areas.
Attorneys typically offer motions in limine to exclude unfavorable evidence, usually on the eve of trial. But motions in limine can also request an affirmative ruling that specific evidence will be admitted, certain objections overruled, and teach trial counsel a lot about the adversary's case.
Early motions in limine can capture the attention of busy judges before trial, increasing the likelihood of a favorable ruling. They can also prohibit improper lines of arguments, and when done correctly, foreclose "reptile" arguments. But omnibus, boilerplate motions may receive scant attention. Counsel must be aware of how the judge's decision granting, denying, or postponing the motion impacts the rest of the trial and preservation of error.
Likewise, when responding to motions in limine, trial counsel must be vigilant to avoid missing dispositive motions disguised as a motion to exclude and know when to acquiesce.
Listen as our panel of experienced litigators guides counsel in best practices and strategies for taking advantage of this often underused and unassuming but powerful tool.
- Overview of motions in limine
- Authority
- Standards for determining
- Reconsideration
- Effect of grant or denial
- What constitutes the "offensive" or proactive use of motions in limine
- Benefits
- Risks
- Strategic considerations
- Timing of the motions
- Best practices in drafting motions
- Crafting the scope of relief
- Responding to motions in limine
The panel will review these and other issues:
- When should counsel consider the plaintiff's use of motions in limine?
- When is the best time to submit the motions?
- How can the movant make the court's ruling easier?
- What can counsel learn from the opposing parties' case from their responses?
Related Courses
Impeachment and Proposed Amendments to FRE 801(d): Prior Inconsistent Statements in Social Media and Inactive Websites
Tuesday, October 28, 2025
1:00 p.m. ET./10:00 a.m. PT