In complex business litigation it is common for both sides to ask the court to make an advanced ruling on evidence. These motions are heard either outside the presence of the jury or before a jury is empaneled. The theory is that you can not “unring the bell”, meaning if certain evidence is presented that is more prejudicial than probative the jury should not hear this evidence.

The Court has the inherent power to grant a motion in limine to exclude any kind of evidence which could be objected to at trial, either as irrelevant or subject to discretionary exclusion as unduly prejudicial.

The Court may exclude marginally probative evidence that might easily confuse the jury.  In one case the court excluded a letter that might have been confused the jury as substantive evidence when it was offered for a limited purpose.

Evidence Code Section 402 allows the court to hear and determine the question of the admissibility of evidence outside the presence or hearing of the jury.

Much of the battle on what evidence the court will allow the jury to hear is determined in these motions in limine. They can shape the outcome of the trial.

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Robert G. Klein, Esq. is a Los Angeles trademark attorney, business litigation attorney lawyer and a Los Angeles business lawyer who specializes in trademark infringement, copyright infringement, business torts, breach of contract actions and unfair competition.  He feels it is important to hire a Los Angeles trademark lawyer and a Los Angeles business lawyer if one is involved in litigation in that locale.  Robert G. Klein is a prominent Los Angeles business attorney and is available for consultation on matters involving trademark infringement, copyright infringement, breach of contract cases, business torts, fraud, and business law matters.  He has successfully obtained many multi-million dollar jury verdicts. Many of Mr. Klein’s court decisions have been published as case authority and he has appeared before the United States Supreme Court for oral argument. Mr. Klein has also published “Consumer List: Trade Secret or Fair Game?”, which is an article published in the Los Angeles Lawyer Magazine. Los Angeles trademark infringement attorney Robert G. Klein can be reached at (213) 996-8508 or visit our web site at http://www.kleinlitigation.com