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 and the Court's inherent authority to manage the conduct of trial, 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

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 not admissible except as provided by the Code or other legislation.

Subsequent Remedial Measures, Compromise, and Insurance — La. C.E. arts. 407, 408, 411. Evidence of subsequent remedial measures is not admissible to prove negligence or culpable conduct; evidence of compromise and offers to compromise is not admissible to prove liability for or invalidity of the disputed claim; and evidence that a person was or was not insured against liability is not admissible on the issue of negligence or wrongful conduct.

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 in Louisiana — Daubert. Louisiana follows the Daubert standard. The Louisiana Supreme Court adopted the Daubert reliability and gatekeeping framework in State v. Foret, 628 So. 2d 1116 (La. 1993), and the standard is now codified in La. C.E. art. 702, which (as amended through Acts 2024, No. 88) tracks Federal Rule of Evidence 702 and places on the proponent the burden of demonstrating reliability by a preponderance. The trial court acts as gatekeeper. See Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993).

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. arts. 404, 405)

☐ Any evidence of [the opposing party's / a witness's] character or trait of character, or of other crimes, wrongs, or acts — including [________________________________] — offered to show action in conformity therewith. Such evidence is admissible, if at all, only for a permitted purpose under La. C.E. art. 404(B), and only after notice and a determination of admissibility outside the jury's presence.

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

☐ Any reference to [________________________________] (prior conviction, arrest, charge, or specific instance of conduct) offered to attack the credibility of [witness/party], where the conviction or conduct is inadmissible or more prejudicial than probative under La. C.E. arts. 607, 608, and 609.

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

☐ Any out-of-court statement offered for the truth of the matter asserted — including [________________________________] — for which no exception under La. C.E. arts. 801(D), 803, or 804 applies.

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)

☐ Any evidence of offers, acceptance, or statements made in compromise of the disputed claim — including [________________________________] — offered to prove liability for, or the invalidity of, the claim or its amount.

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

☐ Any evidence or reference to whether [a party] was or was not insured against liability — including [________________________________] — offered on the issue of negligence or wrongful conduct.

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

☐ Any opinion testimony of [expert name / category], including [________________________________], that fails the Daubert/Foret reliability standard codified in La. C.E. art. 702 because [the witness is not qualified / the opinion is not based on sufficient facts or data / the methodology is not reliable / the principles and methods were not reliably applied to the facts / the opinion will not assist the trier of fact / the proponent cannot carry the "more likely than not" burden]. Moving Party requests a Daubert/Foret hearing outside the jury's presence.

Ground 10 — "Golden Rule" Argument and Appeals to Sympathy or Passion

☐ Any argument or suggestion inviting jurors to place themselves in the position of [a party] ("golden rule" argument), or any appeal to sympathy, passion, prejudice, bias, or community concerns unrelated to the evidence — including [________________________________].

Ground 11 — 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.

A violation of an order in limine may be addressed by curative instruction, mistrial, or other appropriate sanction.

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:

☐ Email/electronic service in accordance with La. C.C.P. art. 1313 and applicable district rules
☐ U.S. Mail, first class, postage prepaid
☐ Hand delivery
☐ Facsimile to [________________________________]

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 — Daubert/Foret) — GRANTED / DENIED / RESERVED
☐ Ground 10 (Golden Rule / Sympathy) — GRANTED / DENIED / RESERVED
☐ Ground 11 (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
• State v. Foret, 628 So. 2d 1116 (La. 1993) (adopting Daubert in Louisiana); State v. Catanese, 368 So. 2d 975 (La. 1979) (rejecting Frye).
• Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993).
• Louisiana Supreme Court / Louisiana Courts: https://www.lasc.org/