Tuesday, July 19, 2011

Dismissed in liminie?

“Motion in limine” is the name commonly given a pretrial motion that attempts to prevent the offer of, or reference to, specific evidence or other matter in the presence of the jury. See Bridges v. City of Richardson, 163 Tex. 292, 354 S.W.2d 366, 367 (Tex.1962) (purpose of motion in limine). A proceeding challenging standing in probate is sometimes referred to as an “in limine proceeding,” because it is a threshold or preliminary proceeding before the trial. See, e.g., Edwards v. Haynes, 690 S.W.2d 50, 51 (Tex.App.-Houston [14th Dist.] ), rev'd on other grounds, 698 S.W.2d 97, 98 (Tex.1985) (“The proper procedure to follow on the issue of a contestant's interest is to try the issue separately in an in limine proceeding and in advance of a trial on the issues affecting the validity of the will.”). A motion to dismiss for lack of standing, however, is properly called a motion to dismiss for lack of standing, rather than a “motion in limine.” To avoid ambiguity, if the motion to dismiss is granted, the order should reflect that the claim is dismissed. }{

No comments:

Post a Comment