What Are Motions in Limine in Nevada Trials?

What happens in a Court case, when the other side wants to introduce irrelevant evidence into a trial? Your accident attorney will file what is called a “Motion in Limine”. In a Motion in Limine, your attorney will outline every irrelevant fact or argument the other side may make at trial, and ask the Court to rule, before the trial starts, to not allow this irrelevant evidence into the trial. Examples could be prior unrelated accidents, criminal arrests and improper arguments to the jury.
 

The applicable Nevada state law on this issue is Nevada Revised Statute (“NRS”)48.035. NRS 48.035(2) states that “[a]lthough relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.” When preparing a Motion in Limine, NRS 48.035 is often cited.
 
Motions in Limine are designed to seek the Court's ruling on the admissibility of arguments, assertions and evidence in advance of trial. The Motion in Limine is an increasingly common vehicle through which litigants bring requests to exclude potentially prejudicial evidence from jury trial. See Kelly v. New West Fed. Sav., 56 Cal.Rptr.2d 803 (1996).
 
The Nevada Supreme Court has approved the use of Motions in Limine in a number of cases by recognizing the legitimacy of such pre-trial motion practice and the Courts' authority to rule on these motions. See Bull v. McCuskey, 96 Nev. 706, 615 P.2d 957 (1980), overruled on other grounds by Ace Truck and Equipment Rentals v. Kahn, 103 Nev. 503, 764 P.2d 132 {1987).
 
Motions in Limine "permit more careful consideration of evidentiary issues than would take place in the heat of battle during trial," and they promote judicial economy by minimizing "side-bar conferences and disruptions during trial, and by resolving "potentially critical issues at the outset, they enhance the efficiency of trials and promote settlements." Kelly, 56 CaL Rptr. 2d at 808, Edwards v. Centex Real Estate Corn., 61 Cal. Rptr.2d 51E( 524 (Cal. App. 1997); People v. Clark 10 Cal.Rptr.2d 554, 594 (Cal. App. 1992).

Motions in Limine are just one tool in the toolbox that your experienced accident attorney uses in your personal injury case.

Next time, we will discuss the laws for drivers when pedestrians are on the roadways.

Please note that we will be switching to a bimonthly blog format. So, the next informative installment will be on June 1st. Drive safe!