All defendants in a court case are presumed innocent until proven guilty. In your case, there may be certain facts that could prejudice a jury if they were to be revealed. For this reason, the law has given you a way to keep them from being divulged to a New York City jury. This is a method known as a motion in limine.
What is a motion in limine?
The legal term “motion in limine” refers to a type of motion filed in court to prevent evidence being seen or heard by the jury that would have an immediate prejudicial effect on their opinion. This type of motion is usually filed before the trial actually begins.
A judge may not always rule in favor of a motion in limine. They may prefer to wait to make a decision until some of the evidence has been released and examined. However, if they are aware in advance that some of this evidence is bound to be prejudicial, they will usually grant this motion with no further comment.
Who can file a motion in limine?
A motion in limine can be filed on your behalf by the lawyer who represents your case. This is a motion that the opposing attorney has the right to challenge. They are more likely to do so if they feel that this information may prove useful to them during the course of the proceedings.
However, in many cases, a motion in limine will not receive a challenge. This may be because the information, if revealed, could cause a jury to react in a manner that neither side can fully predict the results of. In such a situation, both attorneys will agree to abide by the terms of the motion.
If you feel that this type of motion would help you win your case, it may be wise to talk to your legal counsel about it. Your attorney may be able to offer you a range of options to help you bring your case to a satisfactory conclusion.