State Court Motion in Limine - Maine

MOTION IN LIMINE

[MOVING PARTY] moves for an order excluding the evidence identified below, and for a direction that the parties and witnesses refrain from referring to that evidence in the jury's presence until the Court rules on its admissibility. The grounds are Me. R. Evid. [401 AND 402 / 403 / 802 / OTHER VERIFIED RULE] and the facts set out here.

Notice to opposing party

Unless another time is provided by the Maine Rules of Civil Procedure or set by the Court, matter in opposition to this motion must be filed not later than 21 days after filing. Failure to file timely opposition will be deemed a waiver of all objections to this motion, which may be granted without further notice or hearing. See Me. R. Civ. P. 7(b)(1)(A).

Notice of hearing: This motion will be heard on [DATE] at [TIME] in [COURTROOM OR REMOTE HEARING DETAILS].

Evidence at issue

1. The specific [EXHIBIT / TESTIMONY / STATEMENT / ARGUMENT] is [DESCRIBE WITH ENOUGH DETAIL TO IDENTIFY IT].

2. It is expected to be offered by [PARTY OR WITNESS] for [IDENTIFY THE PURPOSE OR FACT IT IS OFFERED TO PROVE].

3. Its location in the record or discovery is [DOCUMENT, PAGE, LINE, OR OTHER IDENTIFIER]. A copy is attached as [EXHIBIT], if appropriate.

Memorandum of law and grounds for exclusion

This section is the supporting memorandum of law under Me. R. Civ. P. 7(b)(3). The applicable authorities are Me. R. Evid. 401–403, 802, and, if forfeiture by wrongdoing is in issue, 804(b)(6). The moving party applies only the grounds selected and supported below.

4. The material issue to which the evidence allegedly relates is [IDENTIFY FACT OF CONSEQUENCE].

5. Under Me. R. Evid. 401 and 402, the evidence should be excluded because [EXPLAIN WHY IT DOES NOT TEND TO MAKE THAT FACT MORE OR LESS PROBABLE, OR IDENTIFY ANOTHER RULE THAT MAKES IT INADMISSIBLE].

6. If Rule 403 is invoked, the particular danger is [UNFAIR PREJUDICE / CONFUSION / MISLEADING THE JURY / UNDUE DELAY / WASTED TIME / NEEDLESS CUMULATION]. It substantially outweighs the evidence's probative value because [EXPLAIN WITH CASE-SPECIFIC FACTS].

7. If Rule 802 is invoked, the challenged statement is [QUOTE OR IDENTIFY THE STATEMENT], offered for [PURPOSE]. The reason the rule against hearsay applies is [EXPLAIN]. The moving party has considered the following asserted exclusions or exceptions and responds: [IDENTIFY AND ANALYZE EACH].

8. If unavailability and forfeiture by wrongdoing are disputed, the facts relevant to amended Me. R. Evid. 804(b)(6) are [STATE WHETHER A PARTY ENGAGED IN OR ENCOURAGED WRONGDOING THAT CAUSED UNAVAILABILITY AND INTENDED THAT RESULT].

9. The requested ruling will affect presentation at trial because [EXPLAIN WHEN AND HOW THE MATERIAL MAY BE OFFERED AND THE NEED FOR A PRETRIAL RULING].

Relief requested

The moving party requests that the Court:

1. Exclude [IDENTIFIED EVIDENCE] for the purposes stated above;
2. Direct counsel and witnesses not to mention it before the jury unless the Court first permits it; and
3. Grant any narrower ruling the Court finds appropriate after hearing from the parties.

Date: [DATE]

Signature: [SIGNATURE OF MOVING PARTY OR ATTORNEY]

Printed name and capacity: [NAME; PARTY OR ATTORNEY]

Maine Bar number, if attorney: [NUMBER]

Address: [ADDRESS] Telephone: [NUMBER] Email: [EMAIL]

Certificate of service

I certify that on [DATE] I served this motion and its exhibits on [NAMES OF PARTIES OR COUNSEL] by [METHOD AUTHORIZED FOR THIS CASE] at [ADDRESSES OR APPROVED ELECTRONIC DESTINATIONS].

Signature: [SIGNATURE] Date: [DATE]

Draft order

ORDER ON MOTION IN LIMINE

After considering the motion, any opposition, and the applicable Maine Rules of Evidence, the Court orders:

1. [IDENTIFIED EVIDENCE] is excluded for [IDENTIFY PURPOSE OR SCOPE OF RULING], subject to any further order of the Court.
2. Counsel and witnesses shall not refer to that evidence before the jury unless the Court first permits it.
3. [ANY NARROWER OR ADDITIONAL CASE-SPECIFIC DIRECTION].

Date: [DATE]

Judge: [SIGNATURE]

Sources and references

• Maine Rules of Evidence, Rules 401–403 and 802.
• Effective 2025 amendment to Rule 804(b)(6).
• Maine Rules of Civil Procedure, Rules 7(b)(1)(A), 7(b)(3), and 11(a)(2).