For that you need a motion for summary judgment, and this comes much earlier in the process. That is, you could argue in a motion in limine that the other side should not be able to introduce certain evidence or make certain arguments, but a motion in limine is not the place to ask for a ruling on the entire case in your favor. Motions in limine are not motions for summary judgment. And it helps the judge get to know you a little bit and to be reminded of certain rules of evidence.Īll of these things are absolutely vital to your chances of success. That will give you a chance to make an impression on the judge, explain some of the legal concepts behind the case, and make your arguments regarding evidence at a time when the court is freer to give what you say some thought. You have a much better chance to get heard at a hearing on a motion to exclude. Will everything you say get heard? Not at trial. Judges know that, and they know that pro se parties lack this training, so they naturally take what you say with a grain of salt.Īnd then there’s the fact that trials move very quickly, and the judge will be watching the clock very carefully. They can do dumb things, of course, but usually they don’t. They naturally pay more attention to them for just those reasons.Īnd then there’s the fact that lawyers understand the system and are trained in it. Judges may or may not mean to pay more attention to lawyers, but they themselves WERE lawyers, their friends are lawyers, and lawyers are the ones they see day in and day out. As a pro se party in a system run by lawyers and judges, it can be hard to get listened to. There’s another reason for pro se parties to use motions in limine. Or they can simplify matters for you at trial if that happens. Thus motions in limine can be very significant turning points. And if that happens, it may give up without your needing to go to the trial at all. Thus you bring your motion and attempt to win it for legal reasons, but if you do manage to win it, you will be able to keep the debt collector from putting on the most important parts of its evidence. Like other parts of litigation, they are directed at the legal merits of the case but could have their most powerful impact on negotiations. They are usually directed at evidence, but they could also be directed at legal theories or arguments. “Limine” is Latin for “threshold,” so these motions are usually brought right before trial, when it’s pretty clear what the other side plans to do. Motions in Limine are motions filed before trial. On a motion in limine, you can make your arguments before the trial begins, when things are likely to be overlooked in the heat and action of the trial. And they give you a chance to show how the plaintiff’s evidence does not meet the exception it’s planning to invoke, the business records exception. They give you a chance to explain how the rule against hearsay prevents documents created out of court from being used as evidence unless there’s an exception. In this article we discuss a sort of motion that we think pro se parties underuse – motions in limine to exclude evidence at trial. You can get a copy of this article in PDF form by clicking here: motions in limine article What Pro Se Debt Defendants Need to Know about Motions in Limine
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