Motion in Limine to Preclude Evidence or Reference in Arkansas

Background

The Arkansas Supreme Court has stated that “motions in limine are to enlighten the court and advise counsel of the specific nature of the anticipated evidence so that the court may intelligently act on such motions.” (Benson v. Shuler Drilling Co. (1994) 316 Ark. 101, 106-07 quoting Smith v. Walt Bennett Ford, Inc. (1993) 314 Ark. 591; Schichtl v. Slack (1987) 293 Ark. 281.)

“Motions in limine are not ordinarily used to extinguish an entire claim or defense. Rather, they are usually used to prohibit the mentioning of some specific matter, such as an inflammatory piece of evidence, until the admissibility of that matter has been determined out of the hearing of the jury. (Schichtl, supra, citing Lewis v. Buena Vista Mutual Ins. Ass'n (1971) 183 N.W.2d 198.)

General Information for Complaints and Motions

“[O]ne who offers evidence has the burden of showing its admissibility.” (Benson v. Shuler Drilling Co. (1994) 316 Ark. 101, 107 citing Arkansas State Highway Comm. v. Roberts (1969) 246 Ark. 1216.)

“When a party asks for a motion in limine to exclude evidence because it is hearsay, the burden is on the "offering party to prove the admissibility of the evidence.” (Benson v. Shuler Drilling Co. (1994) 316 Ark. 101, 107 [finding that “[t]his burden was not met in this case.”]; citing Robin L. Lafferty, Comment, Motion in Limine, 29 Ark. L. Rev. 215, 226 [1975] citing Aetna Casualty and Surety Co. v. Finney (1961) 346 S.W.2d 917 [Tex.Civ.App. 1961].)

Standard of Review and Burdens of Proof

“In reviewing [a lower] court's grant of a motion in limine to exclude evidence, [a reviewing court] must determine whether the [trial] court abused its discretion in refusing to allow evidence to be admitted.” (Boatright v. S-R Plaza, LLC (2021) 617 S.W.3d 726, 729 citing Shields v. State (2004) 357 Ark. 283, 287–88.)

“On appeal, [a reviewing court] will not reverse a circuit court's ruling on the admission of evidence absent an abuse of that discretion, nor will [the court] reverse absent a showing of prejudice.” (Boatright, id., citing Rodgers v. CWR Constr., Inc. (2000) 343 Ark. 126, 130.)

The Court’s Decision

“[O]nce a motion in limine is made and ruled on, no further objection is necessary to preserve the argument for appeal.” (Jarrett v. Brand, 2017 Ark. App. 276, 6-7 citing Allstate Ins. Co. v. Dodson, 2011 Ark. 19, at 18.) “However, an appellant must nonetheless raise an issue with specificity and make an argument to the circuit court to preserve it for appeal.” (Greenwood v. Anderson, 2009 Ark. 360, at 4; Baker v. State, 2013 Ark. App. 281, at 3-4; St. Joseph's Mercy Health Ctr. v. Edwards, 2011 Ark. App. 560, at 4.)

“Since the introduction of evidence is a matter within the sound discretion of the trial judge, [a reviewing court] must determine whether or not [the judge] abused [her/his] discretion in allowing the discharge summary in evidence before [the court] reverse[s] [the] finding[], and in the absence of abuse of that discretion, [a reviewing court] will not reverse.” (Benson v. Shuler Drilling Co. (1994) 316 Ark. 101, 107 citing Jackson v. State (1986) 290 Ark. 375; Robinson v. State (1993) 314 Ark. 243; Gipson v. Garrison (1992) 308 Ark. 344.)