Sandusky, MI asked in Criminal Law for Michigan

Q: During a bench trial, when should a motion in limine be granted? 5 points A. When the evidence could inflame the judge’

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1 Lawyer Answer
Brent T. Geers
Brent T. Geers
  • Criminal Law Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: The standard is the same in a jury or bench trial: motions in limini - to exclude or restrict certain testimony - should be granted when the evidence is more prejudicial than probative. If you don't know what those two terms mean in the legal world, you absolutely should have an attorney, who would know best whether a motion in limini is appropriate, whether it should be granted, and what to do if it's not.

Prejudicial does not mean negative. An eyewitness who says they saw the defendant commit the crime is obviously negative - prejudicial - toward the defendant but has probative value.

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