State Court Motion in Limine - Indiana

MOTION IN LIMINE

(State of Indiana — [Circuit Court / Superior Court / Commercial 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
8. Certificate of Service
9. Exhibit A — Proposed Order

1. CAPTION

STATE OF INDIANA

IN THE [CIRCUIT / SUPERIOR / COMMERCIAL] COURT
[________________] COUNTY

[MOVING PARTY]'S MOTION IN LIMINE

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

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, before the Honorable [Judge Name] in [Courtroom] (or as the Court may otherwise direct), [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, 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.

DATED: [__/__/____]

Respectfully submitted,

[FIRM NAME]

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

3. INTRODUCTION

Movant respectfully moves this Court, pursuant to its inherent authority to control the conduct of trial and under the Indiana Rules of Evidence, 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. This action arises out of [brief description of the case].

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 Ind. R. Evid. 401 and is therefore inadmissible under Ind. R. Evid. 402. Alternatively, even if marginally relevant, its probative value is substantially outweighed by a danger of unfair prejudice, confusing the issues, misleading the jury, undue delay, needlessly presenting cumulative evidence, or other reasons enumerated in Ind. R. Evid. 403, and it should be excluded.

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, which is inadmissible under Ind. R. Evid. 404(a). Evidence of other crimes, wrongs, or acts is not admissible to prove propensity under Ind. R. Evid. 404(b); to the extent offered for a permitted purpose (motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident), it must still survive Ind. R. Evid. 403 balancing and any applicable notice requirement.

Ground 3 — Improper Impeachment by Specific Instances or Prior Convictions.
Movant moves to exclude [describe] to the extent offered to attack a witness's character for truthfulness by improper means. See Ind. R. Evid. 608 (a witness's character for truthfulness or untruthfulness) and Ind. R. Evid. 609 (impeachment by evidence of a criminal conviction, including its limitations).

Ground 4 — Inadmissible Hearsay.
Movant moves to exclude [describe statement(s)] as inadmissible hearsay under Ind. R. Evid. 801 and 802, no exception under Ind. R. Evid. 803 or 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 Ind. R. Evid. 407.

Ground 6 — Compromise Offers and Negotiations.
Movant moves to exclude evidence of [describe settlement discussions / offers]. Such evidence is not admissible to prove or disprove the validity or amount of a disputed claim under Ind. R. Evid. 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 to prove whether the person acted negligently or otherwise wrongfully under Ind. R. Evid. 411.

Ground 8 — Unreliable Expert Scientific Testimony.
Movant moves to exclude the opinions of [expert name] because they fail the requirements of Ind. R. Evid. 702. Under Ind. R. Evid. 702(a), a witness qualified as an expert may testify if the expert's specialized knowledge will help the trier of fact. Indiana's distinctive reliability provision, Ind. R. Evid. 702(b), provides that "[e]xpert scientific testimony is admissible only if the court is satisfied that the expert testimony rests upon reliable scientific principles." Indiana has not formally adopted the federal Daubert test, but Rule 702(b) imposes a similar gatekeeping reliability requirement; Indiana courts may consider Daubert-type factors (testing, peer review, error rate, general acceptance) as guidance though they are not mandatory. See Turner v. State, 953 N.E.2d 1039 (Ind. 2011). The opinions here should be excluded because [scientific principles not reliable / unqualified / will not assist the trier of fact].

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 under Indiana law and excludable under Ind. R. Evid. 403.

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 permits a party to obtain a pretrial ruling on the admissibility of evidence so that the jury is not exposed to potentially prejudicial matter before the court can rule. The trial court has broad discretion to grant the motion and to control the presentation of evidence.

Relevance. Only relevant evidence is admissible. Ind. R. Evid. 402. Evidence is relevant if it has any tendency to make a fact of consequence more or less probable than it would be without the evidence. Ind. R. Evid. 401.

Unfair Prejudice (Rule 403). Under Ind. R. Evid. 403, "[t]he court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, or needlessly presenting cumulative evidence."

Character and Other Acts (Rule 404). Character evidence is not admissible to prove conduct in conformity therewith, and other-acts evidence is not admissible to prove propensity, though it may be admissible for a non-propensity purpose subject to Rule 403 balancing. Ind. R. Evid. 404.

Expert Reliability (Rule 702). Indiana Rule of Evidence 702(b) requires that expert scientific testimony "rest[] upon reliable scientific principles" before it is admissible, casting the trial court in a gatekeeping role. Indiana has not formally adopted Daubert, but its 702(b) reliability inquiry is substantively similar; Daubert factors may be consulted as non-binding guidance. See Turner v. State.

Settlement, Insurance, and Remedial Measures. Evidence of subsequent remedial measures (Ind. R. Evid. 407), compromise (Ind. R. Evid. 408), and liability insurance (Ind. R. Evid. 411) is inadmissible for the prohibited purposes stated in those rules.

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

WHEREFORE, Movant respectfully requests that this Court:

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

DATED: [__/__/____]

______________________________
[ATTORNEY NAME]
[Indiana Attorney No. ________________]
Attorney for [Moving Party]

8. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing MOTION IN LIMINE was served upon all counsel of record through the Indiana E-Filing System (IEFS) (or by [U.S. Mail / hand delivery / email] where electronic service is unavailable), in accordance with Indiana Trial Rule 5 and the Indiana Rules for Trial Court Electronic Filing, addressed as follows:

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

______________________________
[Attorney Name]
[Indiana Attorney No. ________________]

EXHIBIT A — PROPOSED ORDER

STATE OF INDIANA

IN THE [CIRCUIT / SUPERIOR / COMMERCIAL] COURT
[________________] COUNTY

ORDER ON MOTION IN LIMINE

This matter having come before the Court on [Moving Party]'s Motion in Limine, and the Court being duly advised, 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, [Circuit / Superior / Commercial] Court of [________________] County

Sources and References

• Indiana Rules of Evidence (Art. IV Relevancy; Art. VII Opinions and Expert Testimony): https://www.in.gov/courts/rules/evidence/
• Ind. R. Evid. 403 — Excluding relevant evidence for prejudice, confusion, or other reasons.
• Ind. R. Evid. 404 — Character evidence; crimes or other acts.
• Ind. R. Evid. 702 — Testimony by expert witnesses (702(b) reliable scientific principles): https://rules.incourts.gov/Content/evidence/rule702/current.htm
• Turner v. State, 953 N.E.2d 1039 (Ind. 2011) — Rule 702(b) reliability gatekeeping for expert scientific testimony.
• Indiana Trial Rule 5 (service) and Trial Rule 11 (signing).