In a recent published opinion by the Appellate Division, Cho v. Trinitas Regional Medical Center (App. Div. Dec. 31, 2015), the court reiterated the established rule that motions in limine filed on the eve of trial, seeking complete dismissal of a case, are improper. Such a motion may be called “in limine,” but is really a motion for summary judgment in disguise. Simply put, trial courts cannot dismiss claims on the day of trial unless proper procedure, notice and due process have been afforded. Unfortunately, the court did not take the opportunity to order sanctions in Cho.
In this medical malpractice case, the court held:
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