| name | motion-in-limine |
| title | Motion in Limine (Criminal Defense) |
| description | Drafts criminal defense motions in limine to exclude prejudicial, irrelevant, or inadmissible evidence before trial. Covers FRE 401-403 relevance/prejudice, FRE 404(b) character/prior-acts, FRE 801-807 hearsay, and FRE 702-703 expert testimony. Use when drafting pre-trial exclusion motions, evidentiary objection briefs, or motions to preclude testimony in criminal defense matters. |
| author | CaseMark |
| author_url | https://github.com/CaseMark/skills/tree/main/skills/legal/motion-in-limine |
| license | Apache-2.0 |
| version | 0.1.0 |
| execution_mode | open |
| jurisdiction | us |
| practice | criminal |
| language | en |
| tags | ["drafting","litigation","motion"] |
Motion in Limine (Criminal Defense)
Drafts a pre-trial motion to exclude specific evidence, testimony, or exhibits from being presented to the jury. Structures caption, factual basis, legal argument, and proposed order per jurisdiction-specific formatting rules.
Prerequisites
Gather before drafting:
- Case documents — indictment/complaint, discovery, deposition transcripts, exhibits at issue
- Target evidence — specific evidence, testimony, or exhibits to exclude
- Jurisdiction — federal (FRE) or state evidentiary code; local rules for MIL deadlines, page limits, formatting
- Prior rulings — earlier evidentiary rulings, stipulations, or discovery orders
Quick Start
- Identify the evidence to exclude and the strongest exclusion ground
- Draft caption with descriptive title:
Defendant's Motion in Limine to Exclude [Specific Evidence]
- Write a one-paragraph introduction (what, which rule, why)
- Build factual basis citing the record
- Argue each exclusion ground under a separate heading
- Close with prayer for relief and proposed order
Output Structure
Caption & Title
Full court name, division, case number, parties per charging document. Descriptive title naming the specific evidence targeted.
Introduction (1 paragraph)
| Element | Content |
|---|
| What to exclude | Specific evidence/testimony/exhibit |
| Legal ground | Primary evidentiary rule by number |
| Why | One-sentence prejudice/inadmissibility rationale |
Statement of Facts
- Neutral recitation of facts relevant to admissibility only
- Cite record sources (pleadings, transcripts, exhibits) for every assertion
- Organize chronologically or topically for clarity
- Include procedural history only if relevant to the evidentiary question
Legal Argument
Argue each exclusion ground under a separate sub-heading. Always argue alternative grounds where available.
| Ground | Rule | Key Elements |
|---|
| Irrelevance | FRE 401-402 | Evidence does not make a consequential fact more/less probable |
