Tuesday, August 28, 2007

Remember, denials of Motions in Limine are not immediately appealble

In a short opinion issued yesterday, the Supreme Court rebuked the Court of Appeals for deciding a case based on the denial of a motion in limine. A motion in limine is generally not considered a final order on the admissibility of evidence and, for that reason, is not immediately appealable.

Trial lawyers: remember that even if you make a motion in limine to exclude evidence and the trial court denies the motion, you must also object during trial to the admission of the evidence or your issue will not be preserved for appeal.

No comments: