Motion in Limine Memorandum of Law
(Federal)

Summary

This motion in limine memorandum of law is a standard form that attorneys can use to support a motion in limine to exclude or limit evidence at trial in a federal court litigation. This template contains practical guidance and drafting notes. A motion in limine is an evidentiary motion typically made right before trial to exclude or limit certain evidence that is inadmissible or prejudicial under the Federal Rules of Evidence (F.R.E.). See Youssef v. Lynch, 144 F. Supp. 3d 70 (D.D.C. 2015). You may also file a motion in limine to obtain an advance ruling that evidence is admissible, though this type of in limine motion is less common than one seeking to exclude evidence. Neither the F.R.E. nor the Federal Rules of Civil Procedure (F.R.C.P.) specifically provide for motions in limine. However, the law authorizes this type of motion practice “pursuant to the district court’s inherent authority to manage the course of trials.” See Luce v. United States, 469 U.S. 38, 41 n.4 (1984). Common grounds for a motion in limine include requests to exclude: • Expert testimony that is unreliable or not based on sufficient facts or data, also known as a Daubert motion (see Fed. R. Evid. 702; Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579 (1993)) • Lay opinion testimony (see Fed. R. Evid. 701) • Hearsay (see Fed. R. Evid. 801 et seq.) • Prior bad acts or character evidence (see Fed. R. Evid. 404) • Unfairly prejudicial evidence (see Fed. R. Evid. 403) • Irrelevant evidence (see Fed. R. Evid. 402) • Information not previously disclosed pursuant to a discovery request (see Fed. R. Civ. P. 37(b)(2)(A)) If you are filing a motion in limine to exclude evidence at trial, also consider asking the court to prohibit any party from referring to the excluded evidence during the trial, including during opening statements, witness examinations, and closing arguments. This prohibition will minimize any juror confusion concerning the evidence they may consider during deliberations. Since the F.R.C.P. does not provide for motions in limine, timing and other procedural requirements (such as page limitations, formatting, and briefing schedules) are generally governed by: • Local rules • The trial judge’s individual rules and standing orders • Your case-specific scheduling order Note, most courts do not require you to file a separate notice of motion together with your memorandum of law. Like all papers filed in federal court, your motion in limine must comply with the general formatting requirements in the F.R.C.P. Be sure to consult the court’s local rules and your judge’s applicable individual rules and standing orders to see if he or she has specific requirements or limitations for in limine motions. For more information on motions in limine, see Motion in Limine: Making the Motion and Appellate Considerations (Federal). For more information on filing motions generally, see Motion Practice: Making and Opposing a Motion (Federal) and Motion Practice: Making and Opposing a Motion Checklist (Federal). For a detailed discussion of motions in limine in federal court, see Wagstaffe Practice Guide: Fed. Civ. Proc. Before Trial, §§ 30-I–30-III.