Legal Question in Criminal Law in Florida

Re: What is a Motion in Lemonee?

No a motion in limine is a motion to stop jurors from hearing items that are not proper

Re: What is a Motion in Lemonee?

A Motion in Limine is a pre-trial motion designed to preclude the State from introducing evidence or testimony at trial.

Re: What is a Motion in Lemonee?

A motion in limine (pronounced pretty much the way you spelled it, but "lim-uh-nee," not "lem-o-nee") is a motion filed before a trial begins to stop the other side from allowing a witness to say something or to stop the other side from trying to put some item into evidence.

The reason it is filed pre-trial is that, if the jury were to hear the other side trying to ask the witness the question or trying to introduce the evidence, it may destroy your whole case. The jury would be so shocked that they couldn't decide in your favor, even if the judge stopped the statement or evidence from being introduced.

For instance, the other side may say, "Your Honor, I now want to introduce this copy of a conviction for murder against the other side." The conviction may be a lie (and you're really only allowed to say, "felony," not "murder.") But once the word "murder" comes out, the case is over, even if the judge says the conviction can't be entered into evidence. That's why you'd ask pre-trial ("in limine") to stop the other side from trying to introduce the conviction.

If your case is a bench trial, you wouldn't use a motion in limine (there's no jury), you'd just object to the evidence as irrelevant during the trial.