Recently, the Appellate Division gave guidance to trial judges with respect to what is, and what is not, an “in limine” motion. Specifically the court held that a motion made on the eve of trial, seeking to dismiss a complaint, is not an in limine motion and should not be entertained by the trial court. Cho v. Trinitas Regional Medical Center, ___ N.J. Super.___, (App.Div. 2015).
The two-year procedural history in this medical malpractice case included several motions for summary judgment, which left for trial only defendant Doctor Parks. On the trial date (Monday), three years after the complaint was filed, the court agreed to hear in limine motions first and to pick the jury on Wednesday (defense counsel had a prior engagement on Tuesday). Although the court considered the plaintiff’s in limine motions on Monday, at that time defendant’s counsel said he “may have a motion … to dismiss. I’m still mulling it over.”
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