State Court Motion in Limine - Hawaii

IN THE CIRCUIT COURT OF THE [FIRST / SECOND / THIRD / FIFTH] CIRCUIT
STATE OF HAWAIʻI

[MOVING PARTY]'S MOTION IN LIMINE TO EXCLUDE [IDENTIFY EVIDENCE]; MEMORANDUM IN SUPPORT; DECLARATION; [PROPOSED] ORDER

HEARING MOTION
JUDGE: [________________]
HEARING DATE: [__/__/____]
HEARING TIME: [________]
TRIAL DATE: [__/__/____ / none]

Notice of hearing and motion

To all parties and counsel of record: [Moving party] moves for an order excluding the evidence identified below, or requiring counsel to seek a ruling outside the jury's presence before offering or mentioning it. The motion will be heard before [judge] on [date] at [time] in [courtroom or remote hearing information].

The evidence at issue is [identify testimony, exhibit, statement, or specific subject]. The requested exclusion is limited to [describe scope]. This motion is based on the memorandum, the accompanying declaration and exhibits, the record in this action, and any argument the Court permits.

Memorandum in support

Evidence and disputed issue

1. Evidence: [Identify the particular evidence, its anticipated proponent, and how it is expected to be offered.]
2. Consequential fact: [Identify the claim, defense, or disputed issue to which the proponent may connect the evidence.]
3. Record support: [Cite the proposed exhibit, deposition page, disclosure, admission, or declaration paragraph.]
4. Requested ruling: [State whether the request seeks complete exclusion, a limited use, a redaction, or a ruling before any reference in the jury's presence.]

Grounds

Relevance (Haw. R. Evid. Rules 401 and 402). Rule 401 defines relevant evidence as evidence tending to make a fact of consequence more or less probable than without it. Rule 402 generally permits relevant evidence, subject to other governing law, and makes irrelevant evidence inadmissible. The identified evidence should be excluded because [explain specifically why it does not affect the identified consequential fact or any other identified issue].

Discretionary exclusion (Haw. R. Evid. Rule 403), if applicable. Even if relevant, the evidence may be excluded when its probative value is substantially outweighed by unfair prejudice, confusion of the issues, misleading the jury, undue delay, waste of time, or needless cumulative presentation. Here, [identify the particular danger and facts supporting it]. Its probative value is [explain], and that value is substantially outweighed because [explain the comparison]. [Identify any practical redaction, limit, or instruction and why it would or would not address the concern.]

Additional ground, if applicable: [State the exact rule or other authority, its requirements, and facts establishing the ground. Remove this paragraph if no additional ground applies.]

Relief requested

[Moving party] asks the Court to [exclude the identified evidence / limit its use as specified / require a ruling outside the jury's presence before any reference to it]. [Specify any instruction requested for counsel or witnesses.] The proposed order states the requested limits.

Dated: [__/__/____], at [________________], Hawaiʻi.

[Signature]
[Attorney name and Hawaiʻi bar number]
[Address, telephone, and email]
Attorney for [moving party]

Declaration of [name]

I, [name], declare:

1. [State personal knowledge and role.]
2. [State facts supporting the motion, with exhibit identification and foundation.]
3. [Add facts as needed; cite paragraphs in the memorandum.]

I declare under penalty of perjury that the foregoing is true and correct.

Dated: [__/__/____], at [________________], Hawaiʻi.

[Signature]
[Declarant name]

Certificate of service

I certify that on [__/__/____], I served this motion and its attachments on the following persons by [specify actual service method for each recipient]:

[Signature]
[Name]

[Proposed] order

IN THE CIRCUIT COURT OF THE [FIRST / SECOND / THIRD / FIFTH] CIRCUIT
STATE OF HAWAIʻI

[PROPOSED] ORDER ON [MOVING PARTY]'S MOTION IN LIMINE

Having considered the motion and the record, the Court orders:

1. The motion is [granted / granted in part / denied].
2. [Identify precisely the evidence and the scope of any exclusion or limit.]
3. [State whether counsel must obtain a ruling outside the jury's presence before referring to the evidence.]
4. [State any instruction to counsel or witnesses, if ordered.]

Dated: [__/__/____], at [________________], Hawaiʻi.

[Judge's signature]
Judge of the above entitled Court

Sources and references

• Hawaiʻi Rules of Evidence, Rules 401–403 (HRS chapter 626).
• RCCH Rule 7.2.