State Court Motion in Limine - Georgia

MOTION IN LIMINE

(State of Georgia — Superior Court / State Court)

TABLE OF CONTENTS

1. Caption
2. Notice of Motion and Hearing
3. Introduction
4. Specific Evidence Sought to Be Excluded (Grounds)
5. Legal Standard
6. Request to Instruct Counsel and Admonish Witnesses
7. Conclusion and Prayer for Relief
8. Certificate of Good-Faith Conference and Service
9. Proposed Order

1. CAPTION

IN THE [SUPERIOR / STATE] COURT OF [________________] COUNTY
STATE OF GEORGIA

Hearing Date: [__/__/____]
Hearing Time: [____]
Courtroom: [________________]
Judge: Hon. [________________]
Courthouse: [________________]

2. NOTICE OF MOTION AND HEARING

TO: ALL PARTIES AND THEIR ATTORNEYS OF RECORD

PLEASE TAKE NOTICE that on [__/__/____] at [____], or as soon thereafter as the matter may be heard, in [Courtroom] of the above-entitled Court, located at [Courthouse Address, City, Georgia], before the Honorable [Judge Name], [Moving Party Name] ("Movant") will, and hereby does, move this Court in limine for an Order prohibiting the [opposing party / all parties], their counsel, and their witnesses from offering, mentioning, referring to, interrogating concerning, or attempting to convey to the jury in any manner the matters described below, without first obtaining a ruling from the Court outside the presence of the jury.

This Motion is based on this Notice, the accompanying grounds and authorities, the pleadings and records on file, and such argument and evidence as may be presented at the hearing.

DATED: [__/__/____]

Respectfully submitted,

[FIRM NAME]

By: ______________________________
[ATTORNEY NAME]
[GEORGIA BAR NO. ________________]
[FIRM ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE] | [EMAIL]
Attorney for [Moving Party]

3. INTRODUCTION

Movant respectfully moves this Court, pursuant to its inherent authority to control the conduct of trial and under the Georgia Evidence Code (O.C.G.A. Title 24), for an Order in limine excluding the categories of evidence, testimony, argument, and reference identified below. Each category is irrelevant, inadmissible, or so unfairly prejudicial that its mere mention would deprive Movant of a fair trial, and no curative instruction could undo the resulting harm. The purpose of this Motion is to obtain a pretrial ruling so that the jury is never exposed to the matters at issue. See O.C.G.A. § 24-4-402 (irrelevant evidence is inadmissible); O.C.G.A. § 24-4-403.

This action arises out of [brief description of the case]. The specific evidence addressed below is [summarize].

4. SPECIFIC EVIDENCE SOUGHT TO BE EXCLUDED (GROUNDS)

Ground 1 — Irrelevant Evidence and Evidence Whose Prejudice Substantially Outweighs Probative Value.
Movant moves to exclude [describe evidence] because it is not relevant within the meaning of O.C.G.A. § 24-4-401 and is therefore inadmissible under O.C.G.A. § 24-4-402. Alternatively, even if marginally relevant, its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, misleading the jury, undue delay, or needless presentation of cumulative evidence, and it should be excluded under O.C.G.A. § 24-4-403.

Ground 2 — Character Evidence and Other Crimes, Wrongs, or Acts.
Movant moves to exclude [describe evidence] offered to show that a party or witness acted in conformity with a character trait. Such evidence is inadmissible under O.C.G.A. § 24-4-404(a). Evidence of other crimes, wrongs, or acts is not admissible to prove character or propensity under O.C.G.A. § 24-4-404(b); to the extent it is offered for a permitted purpose (motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident), it must still survive the balancing test of O.C.G.A. § 24-4-403.

Ground 3 — Improper Impeachment by Specific Instances or Prior Convictions.
Movant moves to exclude [describe] to the extent offered to attack the character for truthfulness of a witness by improper means. See O.C.G.A. § 24-6-608 (conduct and character of a witness) and O.C.G.A. § 24-6-609 (impeachment by evidence of conviction of crime, including the time limits and balancing requirements therein).

Ground 4 — Inadmissible Hearsay.
Movant moves to exclude [describe statement(s)] as inadmissible hearsay under O.C.G.A. § 24-8-801 and § 24-8-802, no exception under O.C.G.A. §§ 24-8-803 or 24-8-804 applying.

Ground 5 — Subsequent Remedial Measures.
Movant moves to exclude evidence of [describe repair, design change, policy change, or other measure] taken after the event at issue. Such evidence is inadmissible to prove negligence, culpable conduct, a defect, or a need for a warning or instruction under O.C.G.A. § 24-4-407.

Ground 6 — Compromise, Offers to Compromise, and Settlement Negotiations.
Movant moves to exclude evidence of [describe settlement discussions / offers]. Conduct or statements made in compromise negotiations are not admissible to prove or disprove liability for or the amount of a disputed claim under O.C.G.A. § 24-4-408.

Ground 7 — Liability Insurance.
Movant moves to exclude any reference to whether a party was or was not insured against liability. Evidence of liability insurance is not admissible on the question of whether the person acted negligently or otherwise wrongfully under O.C.G.A. § 24-4-411.

Ground 8 — Unreliable Expert Testimony.
Movant moves to exclude the opinions of [expert name] because they fail the gatekeeping requirements of O.C.G.A. § 24-7-702. Georgia is a Daubert jurisdiction in civil cases: O.C.G.A. § 24-7-702(b) requires that expert testimony (1) be helpful to the trier of fact, (2) be based upon sufficient facts or data, (3) be the product of reliable principles and methods, and (4) reflect the reliable application of those principles and methods to the facts of the case. Georgia courts apply the federal Daubert/Kumho Tire framework and federal precedent under Fed. R. Evid. 702 in construing this standard. See O.C.G.A. § 24-7-702(f); Hanks v. Ballantine (Ga.). The opinions here should be excluded because [no reliable methodology / insufficient data / methodology not reliably applied / expert unqualified].

Ground 9 — "Golden Rule" Argument and Appeals to Sympathy, Passion, or Prejudice.
Movant moves to prohibit counsel from asking jurors to place themselves in the position of a party ("Golden Rule" argument) and from any argument calculated to inflame the jury's passion, sympathy, or prejudice. Such argument is improper and warrants exclusion under O.C.G.A. § 24-4-403 and Georgia trial-practice authority.

Ground 10 — [Additional Case-Specific Ground].
Movant moves to exclude [describe] for the reasons that [state grounds and cite authority].

5. LEGAL STANDARD

A motion in limine is a recognized procedural device by which a party may obtain a pretrial ruling on the admissibility of evidence, thereby preventing the jury from being exposed to potentially prejudicial matter before the court can rule. The trial court has broad discretion to grant a motion in limine and to control the presentation of evidence at trial.

Relevance. Only relevant evidence is admissible. O.C.G.A. § 24-4-402. "Relevant evidence" means evidence having any tendency to make the existence of any fact of consequence more or less probable than it would be without the evidence. O.C.G.A. § 24-4-401.

Unfair Prejudice (Rule 403). Under O.C.G.A. § 24-4-403, "[r]elevant evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence."

Character and Other Acts (Rule 404). Character evidence is not admissible to prove conduct in conformity therewith, and evidence of other crimes, wrongs, or acts is not admissible to prove propensity, though it may be admissible for a non-propensity purpose subject to Rule 403 balancing. O.C.G.A. § 24-4-404.

Expert Reliability (Rule 702 — Daubert). Georgia applies a Daubert standard to expert testimony in civil cases. O.C.G.A. § 24-7-702(b); see § 24-7-702(f) (directing reliance on federal Rule 702 authority). The trial court serves as a gatekeeper and must ensure the expert is qualified and that the testimony is reliable and relevant.

Settlement, Insurance, and Remedial Measures. Evidence of subsequent remedial measures (O.C.G.A. § 24-4-407), compromise (O.C.G.A. § 24-4-408), and liability insurance (O.C.G.A. § 24-4-411) is inadmissible for the prohibited purposes stated in those Code sections.

6. REQUEST TO INSTRUCT COUNSEL AND ADMONISH WITNESSES

Movant further requests that the Court direct opposing counsel, before the jury is brought in, to:

☐ Refrain from offering, mentioning, or alluding to the excluded matters in any manner — including in voir dire, opening statement, examination of witnesses, argument, or closing — without first approaching the bench and obtaining a ruling outside the presence of the jury;
☐ Instruct and admonish each of their witnesses, before the witness testifies, not to volunteer, mention, or refer to any excluded matter; and
☐ Treat any violation of the Court's Order as a basis for sanctions, a curative instruction, or a mistrial as the Court deems appropriate.

7. CONCLUSION AND PRAYER FOR RELIEF

WHEREFORE, Movant respectfully prays that the Court:

1. GRANT this Motion in Limine and enter an Order excluding the categories of evidence identified above;
2. DIRECT counsel and witnesses to comply with the Order and to refrain from any reference to the excluded matters in the presence of the jury; and
3. GRANT such other and further relief as the Court deems just and proper.

DATED: [__/__/____]

Respectfully submitted,

______________________________
[ATTORNEY NAME]
[GEORGIA BAR NO. ________________]
Attorney for [Moving Party]

8. CERTIFICATE OF GOOD-FAITH CONFERENCE AND SERVICE

Pursuant to USCR 6.4 and applicable local rules, undersigned counsel certifies that counsel has conferred (or attempted in good faith to confer) with opposing counsel regarding the relief sought herein. [State outcome of conference.]

I FURTHER CERTIFY that I have this day served a true and correct copy of the foregoing MOTION IN LIMINE upon all counsel of record via [court-provider service shown by receipt / statutory email satisfying O.C.G.A. § 9-11-5(b), (f) / hand delivery / U.S. Mail] in accordance with O.C.G.A. § 9-11-5 and USCR 6.1, addressed as follows:

[Opposing Counsel Name]
[Firm Name]
[Address]
[City, State ZIP]
[Email]

This ______ day of ________________, 20____.

______________________________
[Attorney Name]
[Georgia Bar No. ________________]

9. PROPOSED ORDER

IN THE [SUPERIOR / STATE] COURT OF [________________] COUNTY
STATE OF GEORGIA

ORDER ON MOTION IN LIMINE

The Court, having considered [Moving Party]'s Motion in Limine, any response thereto, the arguments of counsel, and the record, and good cause appearing, IT IS HEREBY ORDERED that the Motion is GRANTED [in whole / in part] as follows:

1. The following evidence, testimony, argument, and reference is EXCLUDED: [________________________________].
2. Counsel for all parties shall INSTRUCT and ADMONISH their witnesses not to mention, refer to, or volunteer any excluded matter.
3. No party, attorney, or witness shall offer, mention, or allude to any excluded matter in the presence of the jury without first obtaining leave of Court outside the jury's presence.

SO ORDERED this ______ day of ________________, 20____.

______________________________
Judge, [Superior / State] Court of [________________] County

Sources and References

• O.C.G.A. § 24-4-401 — Definition of relevant evidence: https://law.justia.com/codes/georgia/title-24/chapter-4/section-24-4-401/
• O.C.G.A. § 24-4-403 — Exclusion of relevant evidence (prejudice/confusion/waste): https://law.justia.com/codes/georgia/title-24/chapter-4/section-24-4-403/
• O.C.G.A. § 24-4-404 — Character evidence; other crimes, wrongs, or acts: https://codes.findlaw.com/ga/title-24-evidence/ga-code-sect-24-4-404/
• O.C.G.A. § 24-7-702 — Expert opinion testimony (Daubert in civil cases): https://law.justia.com/codes/georgia/title-24/chapter-7/section-24-7-702/
• Uniform Superior Court Rules (USCR) 6.1–6.4 — Motions and conferral: https://www.gasupreme.us/rules/