August 04, 2006, 09:51
joepa722motion in limine for bench trial???
As a new prosecutor, I appreciated Greg Gilleland's article in the recent issue of 'The Texas Prosecutor' titled: Back to Basics - Case Preparation.
In his article, he talks about using a motion in limine in nearly all his trials.
I have a bench trial coming up next week. I know there are at least 2 issues that I would like to prevent defense from inquiring into upon cross examination of my witnesses.
However, since it is a bench trial, does it really make sense to file a motion in limine when the judge would hear about the issues before trial anyway during his ruling on the motion?
I would appreciate the advice of any experienced prosecutors on this issue.
I certainly appreciate the nice remarks about the article. Glad it helped and that you found it interesting.
I see no need for a motion in limine on a bench trial. The Court is deemed to know the difference between admissible and inadmissible evidence.
August 04, 2006, 12:07
joepa722Thanks Greg.
Fantastic article. . . .VERY helpful to us new guys/gals. I made I checklist from it to use for future trial prep.