MOTION IN LIMINIE IN CRIMINAL TRIALS - A TECHNIQUE FOR THE PRETRIAL EXCLUSION OF PREJUDICIAL EVIDENCE

• NCJ Number: 6953
• Journal: Kentucky Law Journal Volume: 60 Issue: 3 Dated: (SPRING 1972) Pages: 611-637
• Author(s): H B ROTHBLATT; D H LEROY
• Date Published: 1972
• Length: 27 pages
• Corporate Author: University of Kentucky
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THE MOTION IN LIMINIE IS EMERGING AS AN EFFECTIVE DEVICE FOR THE ISOLATION AND EXCLUSION OF HIGHLY PREJUDICIAL EVIDENCE FROM THE JURY AT CRIMINAL TRIALS.

Abstract

THE MOTION IN LIMINIE IS A PROCEDURAL DEVICE WHICH REQUESTS A PRETRIAL ORDER ENJOINING OPPOSING COUNSEL FROM USING CERTAIN PREJUDICIAL EVIDENCE IN FRONT OF A JURY AT TRIAL. DEPENDING UPON THE OBJECTIVES SOUGHT AND THE LANGUAGE USED IN THE MOTION, COUNSEL MAY REQUEST EITHER A PROHIBITIVE OR A PERMISSIVE ORDER. THE PROHIBITIVE ORDER MAY TAKE EITHER A PRELIMINARY OR AN ABSOLUTE FORM. IF A PRELIMINARY ORDER IS GRANTED, OPPOSING COUNSEL HAS THE RIGHT TO BRING IN THE EVIDENCE BUT ONLY IF HE MAKES HIS OFFER BEFORE THE COURT IN THE ABSENCE OF THE JURY. IF THE ORDER GRANTED IS IN THE ABSOLUTE FORM COUNSEL MAY NOT OFFER OR ALLUDE TO THE EVIDENCE IN ANY MANNER DURING TRIAL. THE PERMISSIVE ORDER IS SOUGHT IN ORDER TO RECEIVE PRIOR JUDICIAL SCRUTINY OVER CERTAIN EVIDENCE AND THUS AVOID SUBJECTING THE MOVING PARTY TO ALLEGATIONS OF SUPRISE OR POSSIBLE GROUNDS FOR MISTRIAL. WHILE RECENT DEVELOPMENT INVOLVING MOTION IN LIMINIE PRACTICE HAS BEEN LARGELY LIMITED TO CIVIL ACTIONS, IT IS CLEAR THAT THE DEVICE MAY BE EFFECTIVELY USED TO REMOVE THE SPECTRE OF PREJUDICE FROM THE JURY BOX AT CRIMINAL TRIALS AS WELL.