Motions in Limine in a California Business Trial: Deciding What the Jury Hears

Last updated: November 2026. Reviewed by Pavel Kolmogorov, California business litigation attorney (State Bar No. 321018).

A motion in limine is a request, made at the threshold of trial, for a ruling on whether particular evidence may be mentioned or shown to the jury. Either side may file one. A California judge decides it under the Evidence Code, including the power in section 352 to exclude evidence whose value is substantially outweighed by the danger of undue prejudice, confusion, or wasted time. The ruling does not always end the question, because context can change once testimony begins. Kolmogorov Law, P.C. is an Irvine business litigation firm.

Call (909) 235-6116 or contact us online to discuss evidence disputes in a case that is approaching trial.

What a motion in limine is for

The phrase means "at the threshold." The Court of Appeal has described the usual purpose: to keep out evidence the moving party considers inadmissible and prejudicial. A typical order excludes the evidence and directs counsel, parties, and witnesses not to refer to it. (Kelly v. New West Federal Savings (1996) 49 Cal.App.4th 659, 669.)

Timing is the point. Once jurors have heard something, an instruction to disregard it may not undo the harm. The same opinion lists other benefits, including more careful consideration than a ruling made in the middle of testimony, and fewer interruptions.

The Evidence Code allows the judge to hear and decide a question of admissibility outside the presence or hearing of the jury. (Evid. Code, § 402, subd. (b).)

The rules the judge applies

No evidence is admissible except relevant evidence. (Evid. Code, § 350.) Relevant evidence may still be excluded. The court has discretion to exclude it if its probative value is substantially outweighed by the probability that it will take undue time, or create a substantial danger of undue prejudice, of confusing the issues, or of misleading the jury. (Evid. Code, § 352.)

A motion in limine usually makes one of three arguments. The evidence is irrelevant. A specific rule bars it. Or it is relevant, but the section 352 balance tips against it.

Common subjects in a business trial

Settlement talks. An offer to compromise, and statements made in negotiating it, are inadmissible to prove liability. (Evid. Code, § 1152, subd. (a).) Our page on settlement negotiations as evidence covers the limits.
Insurance. Evidence that a person was insured against the loss is inadmissible to prove negligence or other wrongdoing. (Evid. Code, § 1155.)
Undisclosed experts. On objection by a party that complied with the exchange requirements, the court must exclude the opinion of an expert the other side unreasonably failed to list, subject to exceptions in the statute. (Code Civ. Proc., § 2034.300.) See our page on expert witness disclosure.
Company records and email. Whether invoices and ledgers qualify under the business records exception can be decided at this stage.
Earlier drafts and oral promises. A party relying on a written contract may invoke the parol evidence rule.
Other lawsuits, a party's wealth, and unrelated conduct. These are section 352 arguments.

What makes a motion weak

A motion that only restates the law, or asks to exclude a vague category, gives the court nothing to rule on. In Kelly, one motion asked the court to exclude any testimony that was "speculative," with no facts showing what the testimony would be. The Court of Appeal said such motions leave the judge to rule in a vacuum. A motion that depends on facts must be supported by appropriate documents, like any other pretrial motion. (Kelly, supra, 49 Cal.App.4th at pp. 670-671 & fn. 3.)

A strong motion names the exhibit or the testimony, attaches it, and states one ground.

Why a ruling before trial is not always the last word

The judge rules before the evidence unfolds. Kelly quotes the California Supreme Court's explanation: testimony sometimes differs from what was predicted, and events at trial may change the context enough that a renewed objection is needed. (Kelly, supra, 49 Cal.App.4th at p. 671.)

That matters on appeal. A judgment is not reversed for wrongly admitted evidence unless the record shows a timely objection or motion to exclude that made the specific ground clear. The error must also have resulted in a miscarriage of justice. (Evid. Code, § 353.) Trial counsel therefore decides, exhibit by exhibit, whether the pretrial motion was enough or the objection must be repeated when the evidence is offered.

When a motion in limine is used to end a claim

Some motions carry the label but ask for far more. A request to exclude all evidence supporting a claim would end the claim.

The Court of Appeal has said motions in limine are not designed to replace the dispositive motions the Code of Civil Procedure prescribes. Using them that way skips procedural protections, risks blindsiding the other party, and can infringe the right to a jury trial. The same opinion recognized that trial courts have inherent power to proceed this way, and it affirmed because the plaintiff could not have prevailed in any event. A ruling of this kind is reviewed like a nonsuit after opening statement, with inferences drawn for the losing party. (Amtower v. Photon Dynamics, Inc. (2008) 158 Cal.App.4th 1582.)

If your claim is the target, the answer is a full offer of proof and a request for the protections of a noticed summary judgment motion.

If your best documents are the target

Read each motion for what it would actually keep out. Some are narrower than their titles. We answer with the foundation for each item: the witness who will identify it, the hearsay exception that applies, and the purpose for which it is offered. Evidence barred for one purpose may be admissible for another.

What to bring to the first meeting

The trial date and any pretrial order.
The motions in limine filed or threatened by each side.
The exhibits and deposition testimony each motion targets.
The expert disclosures exchanged so far.

Frequently asked questions

Before our trial the other side filed motions to keep our best documents out. What are these motions and how are they decided?

They are motions in limine. A California judge decides each one under the Evidence Code, asking whether the document is relevant, whether a rule such as hearsay bars it, and whether its probative value is substantially outweighed by prejudice or confusion under section 352. The usual response is a written opposition that shows the foundation for each document and the purpose it serves.

What is a motion in limine?

It is a request, generally brought at the beginning of a trial, for an order about evidence. The usual order excludes the evidence and directs lawyers and witnesses not to mention it. California courts use these motions so that disputed evidence is argued outside the jury's hearing before any damage is done. They may also be brought during trial when an issue is anticipated.

When are motions in limine filed in California?

They are generally brought at the beginning of trial and may also be brought during trial. The Evidence Code sections cited on this page set no filing date. In a particular California case, check the order setting the trial and that court's own requirements as soon as a trial date is assigned.

If the judge denies our motion in limine, do we still have to object when the evidence comes up at trial?

In many situations, yes. Under California Evidence Code section 353, a judgment is not reversed for wrongly admitted evidence unless the record shows a timely, specific objection or motion to exclude. A motion in limine can serve that function when it targeted particular evidence on a stated ground. If the testimony or its context differs from what the motion addressed, renew the objection.

Can a motion in limine get an entire claim thrown out?

It can happen, but California appellate courts discourage it. A motion in limine is meant for evidentiary rulings. Using one in place of summary judgment or nonsuit bypasses procedural protections and can affect the right to a jury. Trial courts keep inherent power to do it, and on appeal such a ruling is reviewed with every inference drawn in favor of the party that lost.

Talk to a California civil litigation attorney

If your case is close to trial and evidence disputes are being briefed, call (909) 235-6116 or contact us online. Kolmogorov Law, P.C. is located in Irvine, California. A senior attorney leads the matter, with an associate and a paralegal as the work requires.

This page provides general information about California law and is not legal advice. Outcomes depend on the evidence, the facts, and the court.