Evidence - MIL

Question 1

What is a motion in limine?

Answer 1

1) A request for a gag order
2) using the rules of evidence,
3) in writing,
4) filed before trial,
5) on a topic so prejudicial it cannot be addressed in the middle of trial.

Question 2

Describe a standing order in limine.

Answer 2

A motion in limine that applies all the time in a given court; for example, in Travis County, references to insurance policies are presumptively not allowed to be referenced in the middle of trial.

Question 3

What is an offer of proof (re: MILs)?

Answer 3

An explanation given in service of getting the judge to change their mind on a given motion in limine. The offer of proof can include a conversation with the judge, on the record, in order to preserve error.

Question 4

Is a MIL ruling temporary or permanent?

Answer 4

Temporary. Judges can change their mind mid-trial.

Question 5

What are two benefits of MILs?

Answer 5

Judges often stick with their rulings. And there’s a chilling effect on opposing counsel to temper their speech on a given topic.

Question 6

What is a risk of MILs?

Answer 6

Judges change their mind. It’s just a preliminary gag order.