Motion in Limine to Preclude Evidence or Reference in Oregon

What Is a Motion in Limine to Preclude Evidence or Reference?


“A motion in limine is a motion made by a party, commonly prior to trial, seeking an order to exclude certain evidence from the trial.” (See Black's Law Dictionary 1038 (8th ed. 2004.)

General Information for Complaints and Motions

“We review a trial court’s grant of a pretrial motion in limine in light of the record made before the trial court when it issued the order.” (See Bank of N.Y. Mellon v. Owen (2019) 299 Or. App. 348, 349.)

Standard of Review and Burdens of Proof

“We review a trial court's evidentiary ruling either for an abuse of discretion or for errors of law, depending on the subject matter.” (See U.S. Bank Nat'l Ass'n v. McCoy (2018) 290 Or. App. 525, 532.)

“An abuse of discretion occurs when a court exercises its discretion to an end not justified by and clearly against the evidence and reason.” (See Stranahan v. Fred Meyer, Inc. (1998) 153 Or. App. 442, 464.)

The Court’s Decisions

It is well settled that “OEC 403 provides that relevant evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice.” (See Buckel v. Nunn (1998) 152 Or. App. 664, 669 n.3.)

It is also well settled that “evidence is ‘unfairly prejudicial’ if it appeals to the preferences of the factfinder for reasons that are unrelated to its capacity to establish a material fact.” (See Hayward v. Belleque (2012) 248 Or. App. 141, 153.)

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