Arizona

Civil Procedure

Civil Procedure

Rule 7.2 – Motions in Limine

(a) Obligation to Confer. Within sufficient time to comply with Rule 7.2(b), the parties must confer to identify any disputed evidentiary issue that they anticipate will be the subject of a motion in limine.
(b) Deadline for Filing. Unless a different schedule is ordered by the court, the parties must file all motions in limine for which pretrial rulings are desired no later than 30 days before either a Trial Management Conference or, if no Trial Management Conference is set, the date of the trial.
(c) No Replies Permitted. The moving party may not file a reply in support of its motion in limine.
(d) Pretrial Rulings. All motions in limine submitted in accordance with Rule 7.2(b) must be ruled on before trial unless the court determines the particular issue of admissibility is better considered at trial. The court’s denial of a motion in limine preserves the moving party’s objection to the evidence for purposes of appeal.
(e) Effect of Noncompliance. Motions in limine not filed in accordance with Rule 7.2(b) will be deemed untimely and will not be ruled on before trial unless good cause is shown. The failure to file a motion in limine in compliance with this rule does not operate as a waiver of the right to object to evidence at trial.

Ariz. R. Civ. P. 7.2

Amended effective January 1, 2017.

Comment

“In limine” means “on or at the threshold; at the very beginning; preliminary.” The purpose of a motion in limine is to obtain a pretrial ruling on evidentiary disputes and to avoid the admission of unduly prejudicial evidence to a jury. State ex rel. Berger v. Superior Ct., 108 Ariz. 396, 499, P.2d 152 (1972). Where a sufficiently specific motion in limine is made and ruled upon on the merits, the objection raised in that motion is preserved for appeal, without the need for specific objection at trial. State v. Burton, 144 Ariz. 248, 697 P.2d 331 (1985).

Subsection (a) of the rule imposes a requirement that parties meet and confer about evidentiary issues likely to arise at trial. One of the purposes of this requirement is to eliminate motions in limine that are directed to evidence the opponent does not intend to offer or are otherwise unnecessary. It is anticipated that the parties will provide the court with a written report of agreements reached at the conference so that the court can enforce such agreements at trial.

A response to a motion in limine should be filed in accordance with Rule 7.1. No leave of court is necessary to file a motion in limine more than 30 days before either the date of trial or a final pretrial conference, whichever is earlier. Parties are encouraged to do so, particularly if an early ruling on admissibility would advance settlement.