A motion in limine in California is a pretrial request asking the judge to rule on specific evidence before the jury ever hears it. Attorneys use these motions to keep out damaging, misleading, or legally inadmissible material, and occasionally to lock in that a favorable piece of evidence will be allowed. The strongest motions target one specific item of evidence and tie the request to a specific provision of the California Evidence Code or Code of Civil Procedure.
What These Motions Commonly Target
Certain categories come up in nearly every civil trial. Knowing the statutory hook matters, because a motion that cites the right section and explains why it applies is far more persuasive than a general request to exclude “prejudicial” material.
Prior Bad Acts and Criminal History
Evidence Code section 1101(a) makes character evidence inadmissible when offered to suggest a person acted consistently with a character trait on a particular occasion.1California Legislative Information. California Code EVID 1101 In a car accident case, a plaintiff might move to block the defense from telling the jury about a prior DUI conviction, since that conviction says nothing about who ran the red light this time.
Section 1101(b) carves out an exception for evidence that proves something specific, such as motive, intent, a common plan, identity, or absence of mistake.1California Legislative Information. California Code EVID 1101 A business owner accused of running the same fraud scheme twice cannot easily keep out the first fraud, because it shows a pattern. A motion under 1101 needs to anticipate this exception and explain why none of the permitted purposes apply.
Subsequent Remedial Measures
Evidence Code section 1151 makes post-incident repairs inadmissible to prove negligence.2California Legislative Information. California Code Evidence Code 1151 A motion under this section might exclude photographs of a newly installed handrail or testimony about updated safety procedures, so the jury does not treat the fix as an admission that the original condition was dangerous. Courts sometimes allow this evidence for other purposes, such as proving ownership, control, or the feasibility of a safer design, and a strong motion addresses those alternative uses directly.
Settlement Offers and Negotiations
Evidence Code section 1152 keeps settlement discussions out of trial. Money offered, promises made, and statements exchanged during negotiations are inadmissible to prove liability.3California Legislative Information. California Code EVID 1152 These motions typically arise when one side worries the other will argue something like “they offered us $50,000, so they knew they were at fault.” Section 1152 exists to prevent exactly that inference.
Liability Insurance
Evidence Code section 1155 bars evidence that a party carried liability insurance from being used to prove negligence or wrongdoing.4Justia. California Code Evidence Code 1150-1160 A jury told about a large policy may award inflated damages on the theory that “the insurance company will pay for it.” Judges grant these motions almost reflexively in personal injury trials.
Hearsay
Hearsay is an out-of-court statement offered to prove the truth of what it asserts, and California presumes it inadmissible unless an exception applies.5California Legislative Information. California Evidence Code EVID 1200 Motions in limine targeting hearsay often involve written reports, recorded statements, or testimony about what an absent witness said. If a plaintiff plans to have a treating physician read from a report prepared by a doctor who will not testify, the defense can move to exclude the report. These motions work best when they identify the specific statement, explain why no exception applies, and ask for a ruling before trial so the statement never reaches the jury.
Undisclosed Expert Testimony
Code of Civil Procedure section 2034.300 says the court must exclude the expert opinion of any party that unreasonably failed to list the witness, submit the required expert declaration, produce the expert’s reports, or make the expert available for deposition.6California Legislative Information. California Code CCP 2034.300 The statute uses “shall,” which leaves the judge little discretion once unreasonable noncompliance is shown. A party that met its own disclosure obligations can use this motion to block a surprise expert.
Unfairly Prejudicial Evidence
Evidence Code section 352 gives judges broad discretion to exclude evidence whose value is substantially outweighed by unfair prejudice, jury confusion, or waste of time.7California Legislative Information. California Code Evidence Code 352 This is the catch-all, and the most commonly invoked provision. Typical targets include graphic autopsy photographs where cause of death is not disputed, references to a party’s wealth or poverty, and inflammatory personal details offered to generate sympathy or outrage. A 352 motion succeeds when it concedes the evidence’s limited relevance and shows in concrete terms how the prejudice will overwhelm it.
How to File a Motion in Limine
Meet and Confer First
Many California courts require attorneys to discuss anticipated evidentiary disputes before filing. The meet-and-confer process narrows the list of contested issues so the judge focuses on real disagreements rather than matters the parties could have stipulated to. Local rules in counties such as Los Angeles and Fresno mandate this step, and some judges will not hear a motion unless the moving party certifies that the discussion took place. Check the local rules for your county.
Timing
California has no single statewide deadline. Under California Rules of Court, Rule 3.1112(f), timing and place of filing are left to the trial judge’s discretion.8Judicial Branch of California. California Rules of Court 2026 – Rule 3.1112 Most judges set a deadline in a trial management order or require filing a set number of days before the final status conference. File too late and the court may decline to hear the motion, leaving you to make live objections during trial without an advance ruling. If no specific order has issued, ask the courtroom clerk.
What to Include
Rule 3.1112(f) exempts these motions from the normal notice-of-hearing requirement, but the papers still need to be clearly organized.8Judicial Branch of California. California Rules of Court 2026 – Rule 3.1112 A well-prepared motion typically has four parts:
- The motion itself, identifying the specific evidence you want excluded or admitted, with enough factual context that the judge understands what it is and how it will surface at trial.
- A memorandum of points and authorities citing the relevant Evidence Code sections, case law, and applicable local rules.
- A supporting declaration under penalty of perjury when the motion relies on facts outside the pleadings.
- A proposed order for the judge to sign, creating a clear and enforceable record of what the parties can and cannot do at trial.
The most common mistake is vagueness. A motion asking the court to “exclude all prejudicial evidence” gives the judge nothing to rule on. A motion asking the court to exclude a specific police report, identified by date and case number, with a focused argument about why it is inadmissible hearsay, has a real chance.
How Judges Rule and Whether the Ruling Sticks
Judges usually hear motions in limine at the final pretrial conference or on the morning jury selection begins. Some rule on the papers without argument, others hold a brief hearing. A ruling can go three ways: granted, denied, or deferred. A deferred ruling means the judge wants to see how the evidence fits the trial before deciding, which is common for close calls under section 352.
Even a definitive pretrial ruling is not permanent. Courts retain the power to revisit an in limine ruling if the evidence arises in an unexpected context or if the factual picture shifts. Winning your motion before trial does not guarantee the evidence stays out. If the other side raises the issue again mid-trial with a new justification, be ready to argue it again.
Preserving the Issue for Appeal
An in limine ruling by itself does not preserve the issue for appeal. Evidence Code section 353 requires a timely, specific objection on the record before a reviewing court will consider whether evidence was wrongly admitted.9California Legislative Information. California Code Evidence Code 353
If your motion to exclude was denied, you still need to object when the evidence is actually offered at trial. Silence at that moment can waive the issue entirely. The reverse applies too: if a motion to admit was granted, the opposing party must still object at trial to preserve a challenge. Section 353 cares about what happened on the trial record itself, not what the judge said beforehand.
What Happens If Someone Violates the Order
Once a judge grants a motion in limine, the ruling is a court order. Introducing excluded evidence anyway, through a witness question, an opening statement remark, or a document shown on screen, brings real consequences. Under Code of Civil Procedure section 177.5, a judge can impose monetary sanctions of up to $1,500 on any person, including an attorney, who violates a court order without good cause.10California Legislative Information. California Code of Civil Procedure CCP 177.5
Sanctions are usually the smaller problem. If the jury hears evidence that was supposed to be excluded, the other side can move for a mistrial on the ground that a jury instruction cannot cure the exposure. Judges weigh whether the damage can be undone. A mistrial means starting the whole trial over. In less severe cases, the judge may give a strong instruction telling the jury to disregard what they heard, though once the bell has been rung, that instruction rarely works as well as the law assumes.