What is the effect of a motion in limine seeking to exclude evidence that is not privileged?

California, United States of America


The following excerpt is from People v. Zeledon, H038366 (Cal. App. 2015):

"Furthermore, and particularly in light of the motion in limine brought for the specific purpose of excluding this evidence, it cannot be said that the failure to claim the privilege was a tactical decision on the part of counsel. That being the case, and unlike the situation in Edwards v. Lamarque (2007) 475 F.3d 1121, in which the court held that counsel's failure to assert the privilege did constitute a waiver, the failure to assert the privilege in this case constituted ineffective assistance of counsel."

Other Questions


In a motion for summary adjudication on a motion to exclude evidence as to drainage, does plaintiff need to explain to the arbitrator why it was necessary to exclude the evidence? (California, United States of America)
What is the test for excluding identification evidence in a motion to exclude identification evidence? (California, United States of America)
Can a judge exclude or admit evidence in a ruling on a motion in limine? (California, United States of America)
Can a motion in limine to exclude evidence for an abuse of discretion be reversed? (California, United States of America)
What is the burden of the proponent of evidence in a motion to overturn a finding that excluded evidence? (California, United States of America)
What is the effect of excluded evidence in the evidentiary review of a motion denying class certification? (California, United States of America)
Can a motion in limine be used to exclude evidence at trial? (California, United States of America)
Does the Court have authority to exclude evidence where a defendant has been found to be contrary to the evidence code under section 352 of the California Evidence Code? (California, United States of America)
In limine motions, does the appellant need to identify the body of evidence underlying the claim he seeks to raise on appeal? (California, United States of America)
What is the effect of a motion in limine seeking to dismiss all but one of appellant's remaining claims for emotional distress? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.