Paralegal Certification PrepLitigationEasy
A paralegal is assisting an attorney with a civil lawsuit where the plaintiff suffered significant emotional distress due to the defendant's extreme and outrageous conduct. The attorney is considering filing a specific type of motion to ensure that the jury can consider this conduct and its impact during the trial. Which of the following motions is most appropriate for a judge to determine in advance whether certain evidence, such as the defendant's conduct, is admissible at trial?
- AMotion to Compel Discovery
- BMotion for a New Trial
- CMotion in Limine
- DMotion for Summary Judgment
Show answer & explanationAnswer & explanation
Correct answer: C. Motion in Limine
A Motion in Limine is used to obtain a ruling on the admissibility of evidence before the trial begins, preventing potentially prejudicial or irrelevant information from being presented to the jury. This helps streamline the trial and avoid mistrials.
Why the other options are wrong
- A. A Motion to Compel Discovery is used to force a party to provide requested information during discovery, not to rule on trial evidence.
- B. A Motion for a New Trial is filed after a trial has concluded, seeking to overturn the verdict due to errors or new evidence.
- D. A Motion for Summary Judgment seeks to resolve the case before trial, not to determine evidence admissibility.
Motion in Limine
A pretrial motion asking the court to rule that certain evidence may or may not be introduced at trial.
- Filed before or during trial
- Seeks to exclude or admit specific evidence
- Prevents presentation of prejudicial or irrelevant evidence
Memory trick: In Limine means 'on the threshold,' stopping bad evidence at the door.