Got MILS?
What is a motion in limine?
Pre-trial motion, usually to exclude evidence
What are the two categories of objections?
Form, substantive.
How should the harmfulness of the evidence factor in to an attorney's decision of whether to object?
If evidence is not harmful to your case, generally don't object to it.
What two things must a party do to claim error from admission of evidence?
(A) timely objects or moves to strike; and
(B) states the specific ground, unless it was apparent from the context; or
When opposing counsel objects to your evidence, why is it often important to tell the judge the purpose for which you are offering that evidence?
Evidence may be inadmissible for one purpose but admissible for another.
If a motion in limine to exclude evidence is denied, does that not automatically render the evidence admissible at trial? Why / why not?
No. There may be other grounds to object during trial, and the judge might even reconsider the original grounds based on events of trial.
When should an objection be made (if at all)?
"The general rule is that an objection must be made as soon as it is apparent that one is called for."
When deciding whether to object, how should the jury's mindset factor into your decision?
Juries can be annoyed by too many objections.
What action by the court relieves a part of its obligation to renew the objection without losing its right to appeal?
Definitive ruling
What is a side-bar, and when should it be employed?
Approaching the bench to discuss a matter with the judge outside of the jury's earshot.
If you are the party offering certain evidence, and the judge reserves ruling on a motion in limine to exclude that evidence, how should you handle presentation of that evidence at trial?
"[M]any judges will instruct counsel to refrain from mentioning the subject evidence until the reserved motion can be ruled upon. This will generally require the offering attorney to wait until she believes the foundation has been established, and then to approach the bench for a decision on the motion in limine."
What are the two components of a proper objection?
Objection, [Grounds].
According to Lubet, how should "accommodation" factor into your decision of whether to object?
Even if you have a colorable objection to certain evidence, sometimes you will be just as well off by addressing that evidence or even better off by incorporating that evidence into your case.
What must a party do to claim error from exclusion of evidence?
... if the ruling excludes evidence, a party informs the court of its substance by an offer of proof, unless the substance was apparent from the context.
In addition to jury selection, to what does voir dire refer?
Limited cross-examination for the purpose of determining the admissibility of evidence, often (but not always) concerning expert testimony
To exclude evidence via a motion in limine, in addition to demonstrating that the evidence is objectionable, what additional showing must often be made to have the motion granted?
"[T]he motion usually will not be granted merely because the subject evidence is objectionable. Rather, an additional showing is usually required that the evidence is so damaging that once it is mentioned a sustained objection at trial will not be sufficient to undo its prejudicial impact.
Given all of the factors that go into deciding whether to object, how can attorneys make good decisions in the limited amount of time available to object?
Preparation (and Practice)
What does Lubet say about "eventual admissibility" as a factor in deciding whether to object?
What is an offer of proof?
A statement to the court, generally outside the jury's hearing, of what evidence the attorney expects or wishes to present.
What is a conditional offer?
Name four ways a trial judge might rule on a motion in limine.
Grant, deny, grant in part, reserve ruling.
What are speaking objections, and how do judges usually feel about them?
Stating the argument (not just the grounds) without invitation from the Court. Judges rarely desire speaking objections.
What is a standing objection, and when should you seek it?
"A single objection will be considered to “stand” or apply to an entire line of questioning, without the need for repeated interruptions."
What is the primary impact of the 2000 amendment to FRE 103?
"The amendment provides that a claim of error with respect to a definitive ruling [including one made concerning a motion in limine] is preserved for review when the party has otherwise satisfied the objection or offer of proof requirements of Rule 103(a)."
Name two reasons to seek a limiting instruction.
To preserve opportunity for appeal, and to reduce likelihood jury will consider evidence for improper purpose.