State Court Motion in Limine - Delaware
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
IN AND FOR [____________] COUNTY
| Party | Role |
|---|---|
| [PLAINTIFF NAME], | Plaintiff |
| v. | |
| [DEFENDANT NAME], | Defendant |
C.A. No.: [____________]
[MOVING PARTY]'S MOTION IN LIMINE REGARDING [SPECIFIC EVIDENCE]
[MOVING PARTY] moves for an order excluding [IDENTIFY ONE ITEM OR NARROW CATEGORY OF EVIDENCE], or alternatively requiring an admissibility ruling before it is mentioned to the jury. The particular grounds are stated below.
EVIDENCE AND CONTEXT
- The evidence at issue is [DESCRIBE THE DOCUMENT, TESTIMONY, EXHIBIT, OR ARGUMENT PRECISELY].
- [OPPOSING PARTY] proposes to use it to prove [STATE PROFFERED PURPOSE OR IDENTIFY THE KNOWN DISPUTE].
- The issue to which the evidence is said to relate is [IDENTIFY CLAIM, DEFENSE, OR FACT OF CONSEQUENCE]. Its source in the record is [EXACT EXHIBIT, DEPOSITION, DISCLOSURE, OR OTHER CITATION].
GROUNDS
- Under Del. R. Evid. 401, evidence is relevant if it tends to make a fact of consequence more or less probable. This item [DOES NOT MEET THAT TEST BECAUSE ... / HAS LIMITED RELEVANCE BECAUSE ...].
- Under Del. R. Evid. 402, irrelevant evidence is inadmissible. [EXPLAIN WHY NO OTHER PERMISSIBLE USE MAKES THE ITEM RELEVANT, IF THAT IS THE GROUND].
- If the item has any probative value, the Court may exclude it under Del. R. Evid. 403 when that value is substantially outweighed by a danger of unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needless cumulative evidence. Here, [COMPARE ITS SPECIFIC PROBATIVE VALUE WITH THE SPECIFIC RULE 403 DANGER; IDENTIFY A NARROWER ALTERNATIVE IF AVAILABLE].
- [ADDRESS ANY EXPECTED RESPONSE OR LIMITED PERMISSIBLE PURPOSE. DELETE THIS PARAGRAPH IF NONE IS KNOWN.]
RELIEF REQUESTED
[MOVING PARTY] asks the Court to exclude [SPECIFIC EVIDENCE] for [IDENTIFIED PURPOSE], or to direct counsel to seek an admissibility ruling before mentioning it to the jury. Del. R. Evid. 103(b), (d), 104(a). [STATE ANY NARROWER ALTERNATIVE, SUCH AS REDACTION OR A LIMITED PURPOSE, IF REQUESTED.]
Date: [__/__/____]
Respectfully submitted,
Signature: ___________________________
[ATTORNEY NAME], Delaware Bar No. [______]
[FIRM, ADDRESS, TELEPHONE, EMAIL]
Attorney for [MOVING PARTY]
CERTIFICATE OF SERVICE
I certify that on [DATE], I served this Motion and its exhibits on [COUNSEL OR PARTY NAMES] by [ACTUAL METHOD] at [SERVICE DESTINATIONS], in accordance with Del. Super. Ct. Civ. R. 5(b), (f).
Signature: ___________________________
[ATTORNEY OR PARTY NAME]
PROPOSED ORDER
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
IN AND FOR [____________] COUNTY
| Party | Role |
|---|---|
| [PLAINTIFF NAME], | Plaintiff |
| v. | |
| [DEFENDANT NAME], | Defendant |
C.A. No.: [____________]
ORDER
Upon consideration of [MOVING PARTY]'s Motion in Limine and any response, IT IS ORDERED:
- [SPECIFY THE EVIDENCE AND PURPOSE COVERED BY THE RULING].
- [STATE WHETHER THE EVIDENCE IS EXCLUDED, RESERVED FOR A LATER RULING, OR ADMITTED FOR A LIMITED PURPOSE].
- [IF NECESSARY, REQUIRE COUNSEL TO SEEK LEAVE BEFORE REFERENCING THE ITEM IN THE JURY'S PRESENCE].
SO ORDERED this ____ day of ______________, 20____.
___________________________________
Judge of the Superior Court
SOURCES AND REFERENCES
- Delaware Uniform Rules of Evidence, official compilation: Rules 103(b), 103(d), 104(a), and 401-403.
- Delaware Superior Court Civil Rules, official compilation: Rules 5, 7(b), and 11(a).
About this template
- Last updated
- October 4, 2026
- Citations checked
- October 4, 2026
- Jurisdiction
- Delaware
- Category
- Litigation & Court Documents
Legal authority
- Del. R. Evid. 103(b), (d), 104(a), 401, 402, 403
- Del. Super. Ct. Civ. R. 5(b), (f), 7(b), 11(a)
These are the filings that drive a lawsuit through the system: complaints, answers, motions, briefs, discovery requests and responses, and post-judgment papers. Each has its own format requirements under federal and state procedural rules, and each has a deadline that cannot be missed without consequences. Clean, procedurally correct filings move a case forward; sloppy ones invite motions to strike, amended responses, and avoidable delays.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 4, 2026.
Del. R. Evid. 103(b) (checked October 4, 2026): "Once the court rules definitively on the record — either before or at trial — a party need not renew an objection or offer of proof to preserve a claim of error for appeal."
Del. R. Evid. 103(d) (checked October 4, 2026): "To the extent practicable, the court must conduct a jury trial so that inadmissible evidence is not suggested to the jury by any means."
Del. R. Evid. 104(a) (checked October 4, 2026): "The court must decide any preliminary question about whether a witness is qualified, a privilege exists, or evidence is admissible."
Del. R. Evid. 401 (checked October 4, 2026): "Evidence is relevant if: (a) it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action."
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