Can a motion in limine be granted to prevent objectionable evidence or testimony from being presented before the jury?

California, United States of America


The following excerpt is from Ganey v. Doran, 191 Cal.App.3d 901, 236 Cal.Rptr. 787 (Cal. App. 1987):

The interpretation of the regulation and its application to an uncontroverted factual situation was a discrete question of law properly before the [191 Cal.App.3d 907] trial judge for his determination. (Estate of Madison (1945) 26 Cal.2d 453, 456, 159 P.2d 630; Lewis v. City of Los Angeles (1982) 137 Cal.App.3d 518, 521, 187 Cal.Rptr. 273.) Resolving the matter before trial and issuing the resulting order was a proper exercise of the court's inherent power to entertain and grant a motion in limine in order to prevent objectionable evidence or testimony to come before the jury. (See 3 Witkin, Cal.Evidence (3d ed. 1986) 2011, p. 1969, and cases cited therein.)

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