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Judge Brady: Motions in Limine

Motions in limine must be filed at least 20 days before the final pretrial conference. The Court limits each side to a single motion in limine, but does not limit the number of points that a motion can raise. A motion in limine should indicate why the movant thinks the targeted evidence might be offered, why the movant believes the targeted evidence will be inadmissible, and what injury the movant risks if an in-trial objection is required. The motion must clearly identify for the Court and opposing counsel what evidence would be excluded. Because orders in limine are enforceable by contempt, the Court will deny motions that would allow reasonable minds to differ on what evidence is covered. Accordingly, the Court is less likely to grant a motion in limine directed to broad categories of evidence (e.g., “evidence relevant only to punitive damages”) than one directed to a specific class of evidence (e.g., “evidence of the defendant's net worth”).

The Court’s orders in limine are not final rulings on the admissibility of evidence; they are purely interlocutory. They simply require that the topic be discussed again outside the jury's hearing before the jury hears anything about the evidence covered by the order.