Motion in Limine

As amended through June 18, 2024
Motion in Limine

A motion in limine "can be made in order to prevent the jury from ever hearing the potentially prejudicial evidence thus obviating the necessity for an instruction during trial to disregard that evidence if it comes in and is prejudicial. State v. Tate, 300 N.C. 180, 182, 265 S.E.2d 223, 225 (1980). "The decision of whether to grant rests in the sound discretion of the trial judge. State v. Hightower, 340 N.C. 735, 746-47, 459 S.E.2d 739, 745 (1995).

"[A] motion in limine is not sufficient to preserve for appeal the question of admissibility of evidence if the defendant does not object to that evidence at the time it is offered at trial. State v. Grooms, 353 N.C. 50, 65, 540 S.E.2d 713, 723 (2000), cert. denied, 534 U.S. 838, 151 L. Ed. 2d 54 (2001).

Revised July 26, 2016.