State Court Motion in Limine - Louisiana

PLAINTIFF'S/DEFENDANT'S MOTION IN LIMINE

(State of Louisiana — District Court)

TABLE OF CONTENTS

1. Caption
2. Notice of Motion, Request for Hearing, and Briefing
3. Motion in Limine
4. Law and Standard
5. Specific Grounds for Exclusion
6. Request to Instruct Counsel and Admonish Witnesses
7. Conclusion and Prayer for Relief
8. Attorney Signature Block
9. Certificate of Service
10. Exhibit A — Proposed Order

1. CAPTION

STATE OF LOUISIANA
PARISH OF [________________]
[________________] JUDICIAL DISTRICT COURT

DOCKET NO.: [________________] | DIVISION: [________________]

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

2. NOTICE OF MOTION, REQUEST FOR HEARING, AND BRIEFING

TO: ALL PARTIES AND THEIR ATTORNEYS OF RECORD

PLEASE TAKE NOTICE that [Moving Party], through undersigned counsel, files this Motion in Limine in advance of trial and requests that a hearing be set on [Hearing Date] at [Hearing Time], or on the next date convenient to the Court. Movant requests an order excluding the evidence, testimony, argument, and references described below, and prohibiting any mention of those matters before the jury until their admissibility is determined outside the jury's presence.

This Motion is based on this Notice, the grounds and authorities set forth below, the pleadings and record, and any further evidence or argument presented at or before the hearing.

3. MOTION IN LIMINE

NOW INTO COURT, through undersigned counsel, comes [Moving Party], who respectfully moves this Court, pursuant to the Louisiana Code of Evidence, including Articles 103(C) and 104, for an order in limine:

1. Excluding the categories of evidence, testimony, and argument identified in Section 5 below;
2. Prohibiting counsel, parties, and witnesses from offering, mentioning, referring to, or alluding to those matters in the presence of the jury — including during voir dire, opening statement, examination of witnesses, and closing argument — until the Court has ruled on admissibility outside the jury's presence; and
3. Directing opposing counsel to instruct and admonish each of their witnesses, before the witness testifies, not to volunteer or refer to the excluded matters.

A motion in limine permits the Court to rule on evidentiary questions before trial, avoiding the prejudice that can result when a jury hears inadmissible matter even if the Court later sustains an objection or gives an instruction. The grounds below are stated separately so the Court may grant the Motion in whole or in part.

4. LAW AND STANDARD

Preliminary admissibility — La. C.E. arts. 103(C), 104(A), (C). The court decides preliminary admissibility questions. In jury cases, proceedings should, to the extent practicable, avoid suggesting inadmissible evidence to the jury; hearings on judge-only questions occur outside its hearing when justice requires.

Relevance — La. C.E. arts. 401, 402. Relevant evidence is evidence having any tendency to make the existence of any fact of consequence more or less probable than it would be without the evidence. La. C.E. art. 401. All relevant evidence is admissible except as otherwise provided by law, and evidence which is not relevant is not admissible. La. C.E. art. 402.

Prejudice, Confusion, Waste of Time — La. C.E. art. 403. Although relevant, 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 or waste of time. La. C.E. art. 403.

Character and Other Crimes, Wrongs, or Acts — La. C.E. art. 404. Generally, evidence of a person's character or a trait of character is not admissible to prove that the person acted in conformity therewith on a particular occasion. Evidence of other crimes, wrongs, or acts is not admissible to prove character in order to show action in conformity; it may be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. La. C.E. art. 404.

Hearsay — La. C.E. arts. 801 to 805. Hearsay is a statement made outside the present trial or hearing and offered for its truth. Article 801(D) excludes specified statements from hearsay; Articles 803 and 804 provide exceptions; Article 805 requires each level of hearsay within hearsay to qualify. Hearsay otherwise is inadmissible under Article 802.

Subsequent Remedial Measures and Compromise — La. C.E. arts. 407, 408. In a civil case, a subsequent measure is inadmissible to prove negligence or culpable conduct, but Article 407 permits other relevant uses, including ownership, authority, knowledge, control, feasibility, or credibility. Article 408 bars compromise evidence offered to prove liability, invalidity, or amount of a disputed claim; it preserves otherwise admissible evidence and evidence offered for another permitted purpose.

Liability Insurance — La. C.E. art. 411. A policy may be admissible, but the amount of coverage may be communicated to the jury only if the amount is a disputed issue for it to decide. The existence of coverage may be communicated only under an Article 411(B) exception, and insurer identity only when admissible to attack a witness's credibility under Article 607.

Expert Testimony — La. C.E. art. 702. A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion if the proponent demonstrates to the court that it is more likely than not that: (1) the expert's specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue; (2) the testimony is based on sufficient facts or data; (3) the testimony is the product of reliable principles and methods; and (4) the expert's opinion reflects a reliable application of the principles and methods to the facts of the case. La. C.E. art. 702.

Expert-Reliability Standard — La. C.E. art. 702. The proponent must demonstrate to the court that each requirement of Article 702(A) is more likely than not satisfied. The court determines preliminary questions of admissibility under Article 104(A).

5. SPECIFIC GROUNDS FOR EXCLUSION

Moving Party requests that the Court exclude the following evidence, testimony, argument, and references:

Ground 1 — Irrelevant Evidence (La. C.E. arts. 401, 402)

☐ Any evidence, testimony, or argument concerning [________________________________], which has no tendency to make any fact of consequence more or less probable and is therefore irrelevant and inadmissible.

Ground 2 — Unfairly Prejudicial Evidence (La. C.E. art. 403)

☐ Any evidence, testimony, or argument concerning [________________________________], the probative value of which is substantially outweighed by the danger of unfair prejudice, confusion of the issues, misleading the jury, undue delay, or waste of time.

Ground 3 — Character Evidence and Other Crimes, Wrongs, or Acts (La. C.E. art. 404)

☐ Evidence of [the opposing party's / a witness's] character or other crimes, wrongs, or acts — including [________________________________] — offered solely to prove conduct in conformity with character. Identify any exception or permitted noncharacter purpose under Article 404 before ruling. Moving Party requests an admissibility ruling before the evidence is mentioned to the jury.

Ground 4 — Impeachment by Prior Convictions / Specific Conduct (La. C.E. arts. 607, 608, 609)

☐ Reference to [identify arrest, charge, conviction, or specific conduct] offered solely to attack [witness]'s credibility. Article 609(F) excludes arrest, indictment, or prosecution for this purpose; Article 608(B) limits proof of particular acts; and a conviction must satisfy the civil-case conditions and ten-year limit of Article 609(A)-(B). Explain which condition fails here: [____].

Ground 5 — Hearsay (La. C.E. art. 802)

☐ [Identify statement] offered to prove the truth of [____]. It is hearsay under Article 801(C), does not qualify as nonhearsay under Article 801(D) or an exception under Articles 803 or 804, and, if it contains another statement, each level must satisfy Article 805.

Ground 6 — Subsequent Remedial Measures (La. C.E. art. 407)

☐ Any evidence that, after the occurrence at issue, [a party] took measures that, if taken previously, would have made the injury or harm less likely — including [________________________________] — offered to prove negligence or culpable conduct.

Ground 7 — Settlement, Compromise, and Negotiations (La. C.E. art. 408)

☐ [Identify offer, acceptance, conduct, or statement] from negotiation of a disputed civil claim, offered to prove its liability, invalidity, or amount. Article 408 does not bar otherwise admissible evidence merely because it appeared in negotiations or evidence offered for another permitted purpose.

Ground 8 — Liability Insurance (La. C.E. art. 411)

☐ Communication to the jury of [coverage amount / existence of coverage / insurer identity] concerning [____]. Exclude the coverage amount unless it is a disputed issue for the jury under Article 411(A); exclude the existence of coverage unless an Article 411(B) exception applies; exclude insurer identity unless it is admissible to attack credibility under Articles 411(C) and 607.

Ground 9 — Unreliable or Unqualified Expert Testimony (La. C.E. art. 702)

☐ Opinion testimony of [expert name / category], including [________________________________], where the proponent cannot show that an Article 702(A) requirement is more likely than not satisfied: [qualification / assistance to fact finder / sufficient facts or data / reliable methods / reliable application]. Moving Party requests a preliminary admissibility ruling under Article 104(A), outside the jury's hearing if the interests of justice require under Article 104(C).

Ground 10 — Other

☐ Any evidence, testimony, argument, or reference concerning [________________________________], inadmissible under [La. C.E. art. ____ / other authority], for the reasons that [________________________________].

6. REQUEST TO INSTRUCT COUNSEL AND ADMONISH WITNESSES

Moving Party respectfully requests that the Court order that opposing counsel, the parties, and all witnesses:

1. Refrain from offering, mentioning, referring to, or alluding to any of the excluded matters in the presence of the jury — including during voir dire, opening statement, examination of witnesses, objections, and closing argument;
2. Refrain from offering the excluded evidence without first approaching the bench and obtaining a ruling from the Court outside the jury's presence; and
3. Instruct and admonish each of their witnesses, before the witness takes the stand, not to volunteer, mention, or refer to any of the excluded matters.

7. CONCLUSION AND PRAYER FOR RELIEF

WHEREFORE, [Moving Party] respectfully prays that the Court:

1. GRANT this Motion in Limine [in whole / as to Grounds [________________]];
2. EXCLUDE the evidence, testimony, argument, and references identified above;
3. ORDER counsel, parties, and witnesses to refrain from referencing the excluded matters before the jury and to seek a ruling outside the jury's presence before offering them;
4. DIRECT opposing counsel to admonish their witnesses accordingly; and
5. GRANT such other and further relief as the Court deems just and proper.

8. ATTORNEY SIGNATURE BLOCK

Respectfully submitted this ______ day of ________________, 20____.

[LAW FIRM NAME]

By: ______________________________
[Attorney Name] (La. Bar Roll No. [________________])
[Address]
[City, State ZIP]
[Telephone] | [Email]
Attorney for [Moving Party] [________________]

9. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Motion in Limine and Proposed Order was served on all counsel of record by:

☐ No court date set: mail to counsel of record or the unrepresented party at the last known address under La. C.C.P. art. 1313(A)(1)
☐ No court date set: delivery to counsel of record or the unrepresented party under La. C.C.P. art. 1313(A)(2)
☐ No court date set: electronic transmission to an address or number expressly designated for service under La. C.C.P. art. 1313(A)(4)
☐ Court date set: registered or certified mail under La. C.C.P. art. 1313(C)
☐ Court date set: email to an address designated for service, with electronic delivery confirmation received on [__/__/____], under La. C.C.P. art. 1313(C)

Served upon:
[________________________________] (Name)
[________________________________] (Firm)
[________________________________] (Address)
[________________________________] (Email)

______________________________
[Attorney Name] (La. Bar Roll No. [________________])

EXHIBIT A — PROPOSED ORDER

STATE OF LOUISIANA
PARISH OF [________________]
[________________] JUDICIAL DISTRICT COURT

DOCKET NO.: [________________] | DIVISION: [________________]

ORDER ON MOTION IN LIMINE

Considering the foregoing Motion in Limine filed by [Moving Party], the record, and any opposition:

1. The Motion in Limine is GRANTED [in whole / in part] as follows:

☐ Ground 1 (Irrelevant Evidence) — GRANTED / DENIED / RESERVED
☐ Ground 2 (Unfair Prejudice) — GRANTED / DENIED / RESERVED
☐ Ground 3 (Character / Other Crimes) — GRANTED / DENIED / RESERVED
☐ Ground 4 (Impeachment) — GRANTED / DENIED / RESERVED
☐ Ground 5 (Hearsay) — GRANTED / DENIED / RESERVED
☐ Ground 6 (Subsequent Remedial Measures) — GRANTED / DENIED / RESERVED
☐ Ground 7 (Settlement / Compromise) — GRANTED / DENIED / RESERVED
☐ Ground 8 (Liability Insurance) — GRANTED / DENIED / RESERVED
☐ Ground 9 (Expert Testimony) — GRANTED / DENIED / RESERVED
☐ Ground 10 (Other) — GRANTED / DENIED / RESERVED

2. Counsel, the parties, and all witnesses shall not offer, mention, refer to, or allude to the excluded matters in the presence of the jury, and shall approach the bench for a ruling outside the jury's presence before offering any such matter.

3. Counsel shall instruct and admonish their witnesses in accordance with this Order.

THUS DONE AND SIGNED at [________________], Louisiana, this ______ day of ________________, 20____.

______________________________
District Judge, [________________] Judicial District Court

Sources and References

• La. Code Evid. arts. 401–403 (Relevancy) — Louisiana State Legislature: https://www.legis.la.gov/legis/Laws_Toc.aspx?folder=70&level=Parent
• La. Code Evid. art. 404 (Character Evidence; Other Crimes, Wrongs, or Acts).
• La. Code Evid. art. 702 (Testimony by Experts) — Louisiana State Legislature: https://www.legis.la.gov/Legis/Law.aspx?d=72506
• La. C.E. art. 411 (Insurance) — Louisiana State Legislature: https://www.legis.la.gov/legis/Law.aspx?d=72465