A motion in limine is a tactical consideration that every litigator should know about and prepare for, particularly because there are no statutory or uniform rules that set forth when such a motion must be made, how such a motion must be made or any notice required for making such a motion, as there are with more common motions, including those for summary judgment under CPLR 3212 or for a motion to dismiss under CPLR 3211. Rather, these motions, and the applicable rules surrounding such motions, are court-created and depend on the specific judge or part.

Generally, these motions can be brought prior to and during trials in order to obtain a ruling on the admissibility of certain evidence and “exclude the introduction of inadmissible, immaterial, or prejudicial evidence or limiting its use.” State v. Metz, 241 A.D.2d 192, 198, 671 N.Y.S.2d 79 (1st Dept. 1998); see also Vail v. Kmart Corp., 25 A.D.3d 549, 550, 807 N.Y.S.2d 399 (2d Dept. 2006) (court granted motion in limine and excluded evidence that it held was “not material…irrelevant, misleading and of no probative value to the jury”); Black’s Law Dictionary 460 (2001) (motion in limine is defined as “[a] pretrial request that certain inadmissible evidence not be referred to or offered at trial”). These types of motion are meant to “sav[e] the parties and the court from significant litigation time…[and] significantly streamline the action without compromising either party from proving its case.” MBIA Ins. Corp. v. Countrywide Home Loans Inc., 2010 WL 5186702, at *6 (Sup. Ct. Dec. 22, 2010) (citation omitted).

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