In Limine vs Motion for a New Trial in Law - What is The Difference?

Last Updated Feb 2, 2025

A motion for a new trial challenges the outcome of a previous court decision due to errors or new evidence that could significantly affect the verdict. This legal request aims to ensure fairness and accuracy in the judicial process by allowing the case to be reconsidered. Discover how filing a motion for a new trial might impact your case and what steps you need to take next.

Table of Comparison

Aspect Motion for a New Trial Motion In Limine
Purpose Request to overturn or nullify a jury verdict due to trial errors. Request to exclude certain evidence before trial begins.
Timing Filed after trial and verdict. Filed before or during trial, typically before evidence is presented.
Legal Basis Errors affecting substantial rights, such as misconduct or legal mistakes. Prevent prejudicial, irrelevant, or inadmissible evidence.
Effect May result in a new trial or altered judgment. Limits evidence presented to jury, shaping trial scope.
Common Use Appealing a verdict based on trial irregularities or newly discovered evidence. Protecting fair trial rights by preemptively excluding harmful evidence.
Jurisdiction Applicable in civil and criminal cases post-verdict. Used in both civil and criminal proceedings pre-trial.

Introduction to Post-Trial and Pre-Trial Motions

Motions for a New Trial and Motions in Limine serve distinct roles in litigation, with the former filed post-trial to challenge the verdict based on errors or newly discovered evidence, and the latter submitted pre-trial to exclude or admit specific evidence before it reaches the jury. Post-trial motions like those for a new trial aim to correct trial-level mistakes affecting the judgment, ensuring fairness and legal accuracy, while pre-trial motions in limine streamline the upcoming trial by resolving evidentiary disputes early. Understanding the strategic timing and legal standards governing these motions is crucial for effective case management and trial advocacy.

Defining a Motion for a New Trial

A Motion for a New Trial is a formal request submitted to the court asking for a complete retrial due to significant errors or injustices during the original trial, such as procedural mistakes or new evidence. This motion aims to address trial court errors that may have affected the verdict's fairness or validity. Unlike a Motion in Limine, which seeks to exclude specific evidence before trial, a Motion for a New Trial challenges the overall outcome after judgment.

What is a Motion In Limine?

A Motion In Limine is a pretrial request submitted by a party to exclude certain evidence from being presented during the trial, aiming to prevent potentially prejudicial or irrelevant information from influencing the jury. It serves as a strategic legal tool to shape the scope of admissible evidence before the court proceedings begin. Unlike a Motion for a New Trial, which seeks to overturn a verdict after trial completion, a Motion In Limine focuses exclusively on evidentiary issues prior to trial.

Key Differences: New Trial vs In Limine Motions

Motions for a New Trial are filed after a verdict to request a complete reconsideration due to errors affecting the trial's outcome, often citing newly discovered evidence or legal mistakes. Motions In Limine are pretrial requests aimed at excluding certain evidence or testimony to prevent prejudice during the trial itself. The key difference lies in timing and purpose: New Trial motions address post-verdict relief, while In Limine motions focus on shaping trial proceedings before they begin.

Common Grounds for Filing a Motion for a New Trial

Common grounds for filing a Motion for a New Trial include newly discovered evidence, jury misconduct, legal errors during the trial, or verdicts that are against the weight of the evidence. Unlike motions In Limine, which seek to exclude or limit evidence before trial, motions for a new trial are filed post-verdict to challenge the trial's fairness or the reliability of the outcome. Courts evaluate these motions under strict standards to prevent unnecessary retrials and ensure justice is properly served.

Typical Uses of Motions In Limine

Motions in limine are typically used to exclude or limit potentially prejudicial evidence before trial begins, ensuring a fair and efficient courtroom process. These motions focus on issues like the admissibility of expert testimony, prior convictions, or irrelevant personal information that could unfairly influence the jury. In contrast, a motion for a new trial is filed after a verdict, seeking to overturn the decision due to errors such as jury misconduct or insufficient evidence.

Legal Standards Governing Each Motion

Motions for a new trial are governed by standards assessing whether legal errors or prejudicial mistakes during trial compromised the verdict's fairness, typically requiring a showing of substantial error affecting the outcome under Federal Rule of Civil Procedure 59. In contrast, motions in limine focus on the admissibility of evidence before trial begins, with courts applying relevance and prejudice standards under rules such as Federal Rule of Evidence 403 to determine whether certain evidence should be excluded to ensure a fair trial. Courts exercise discretion in both motions, but the motion for a new trial addresses post-verdict error review, while motions in limine serve a preventive role by shaping trial evidence admissibility.

Strategic Considerations for Litigators

Motions for a New Trial and Motions In Limine serve distinct strategic purposes in litigation; the former targets errors or misconduct in the trial process to potentially overturn a verdict, while the latter aims to exclude prejudicial evidence before it reaches the jury. Litigators must carefully evaluate timing, evidentiary impact, and procedural rules to maximize trial outcomes, using Motions In Limine to shape the evidentiary landscape and preserve issues for appeal through a Motion for a New Trial. Effective use of these motions requires anticipating judicial tendencies and tailoring arguments to safeguard client interests during and after trial.

Effects of Granting Each Motion

Granting a Motion for a New Trial results in overturning the original verdict and mandates a completely new trial, which can lead to re-examining evidence and witnesses. In contrast, granting a Motion in Limine excludes specific evidence or testimony from being introduced during the trial, aiming to prevent unfair prejudice or confusion without altering the trial's overall course. Both motions strategically affect the trial's outcome, with the former potentially restarting the entire process and the latter shaping the evidence considered by the jury.

Conclusion: Choosing the Appropriate Motion

Selecting between a Motion for a New Trial and a Motion In Limine hinges on the timing and purpose within litigation; a Motion In Limine addresses evidentiary issues before trial begins to exclude prejudicial information, while a Motion for a New Trial seeks to overturn or retry a case after a verdict due to errors or newly discovered evidence. Strategic use of a Motion In Limine can prevent potentially damaging evidence from influencing the jury, preserving trial fairness, whereas a Motion for a New Trial serves as a safeguard to correct significant trial errors or injustices that affect the verdict. Effective litigation outcomes depend on properly identifying the procedural posture and legal grounds to employ the appropriate motion.

Motion for a New Trial Infographic

In Limine vs Motion for a New Trial in Law - What is The Difference?


About the author. JK Torgesen is a seasoned author renowned for distilling complex and trending concepts into clear, accessible language for readers of all backgrounds. With years of experience as a writer and educator, Torgesen has developed a reputation for making challenging topics understandable and engaging.

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