State Court Motion in Limine - Illinois

Motion in Limine

In the Circuit Court of [________________________________] County, Illinois

Notice of presentment

To: [Opposing counsel or unrepresented party, with service address]

Please take notice that [MOVING PARTY] will present this motion on [__/__/____] at [________] before Judge [________________________________] in [courtroom or remote hearing details], or at another time set by the Court.

Motion

[MOVING PARTY] asks the Court to exclude the evidence identified below, or to require the offering party to seek a ruling outside the jury's presence before mentioning it. The evidence is [describe the exact testimony, exhibit, statement, or argument]. It is expected to be offered by [party/witness] concerning [issue].

Factual basis: [State the facts showing why the evidence is irrelevant, unfairly prejudicial, or otherwise subject to the selected ground. Identify supporting exhibit or transcript pages.]

Select and complete only applicable grounds:

☐ Rules 401 and 402 — relevance. The identified evidence does not make [material fact] more or less probable because [specific explanation]. It is therefore irrelevant and inadmissible.

☐ Rule 403 — unfair prejudice or other specified harm. Even if relevant, its probative value is substantially outweighed by [unfair prejudice / confusion of the issues / misleading the jury / undue delay / waste of time / needless cumulative presentation] because [specific explanation].

☐ Rule 408 — compromise. The evidence consists of [offer / acceptance / conduct or statements in compromise negotiations] concerning a claim disputed as to [validity / amount]. It is offered to prove [liability / invalidity / amount] or to impeach by [prior inconsistent statement / contradiction]. Explain why a permitted purpose under Rule 408(b) does not justify this use: [________________________________].

☐ Rule 411 — liability insurance. The evidence that [person] [was / was not] insured is offered to prove negligent or wrongful conduct. Explain why a different relevant purpose, such as agency, ownership, control, or witness bias, does not justify this use: [________________________________].

☐ Rule 702 — novel scientific methodology. The opinion of [expert] depends on [identify new or novel scientific methodology]. The proponent cannot show general acceptance in [particular field] because [evidence]. Movant asks the Court to determine admissibility before that opinion is presented to the jury.

Movant requests an order excluding [identify specific evidence] for the selected grounds, directing counsel and witnesses not to mention it in the jury's presence unless the Court first grants leave, and granting other appropriate relief.

Dated: [__/__/____]

Attorney signature: [________________________________]

Name: [________________________________]
ARDC number: [________________________________]
Business address: [________________________________]
Telephone: [________________________________]
Primary email: [________________________________]
Attorney for [MOVING PARTY]

Proof of service

☐ Approved electronic filing service provider: Automated verification identifying the transmission time and each recipient's email address is filed with the clerk.

☐ Email: On [__/__/____], I emailed this motion to the following counsel or unrepresented parties at their addresses designated under Illinois Supreme Court Rule 11(c)(1):

Under penalties as provided by law pursuant to Section 1-109 of the Code of Civil Procedure, I certify that the statements set forth in this Proof of Service are true and correct.

Dated: [__/__/____]
Signature of person who sent the email: [________________________________]
Printed name: [________________________________]

Proposed order

In the Circuit Court of [________________________________] County, Illinois
Case No. [________________________________]

Order on Motion in Limine

The Court [grants / grants in part / denies] the motion filed by [MOVING PARTY]. [Identify each category of evidence excluded or condition imposed.] Counsel shall instruct affected witnesses accordingly. No party or witness shall mention excluded evidence in the jury's presence without first obtaining leave of Court.

Entered: [__/__/____]
Judge: [________________________________]