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Motion in Limine Template

An Exhibit Register that gives every number on the joint list a disposition, plus the motions and the ruling tracker that come out of it.

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Thorncastle Instruments v. Bellweather Forge  ·  Exhibit Register

Every number on the joint list, and the answer next to it

Illustrative rows from a fictional casting failure matter. Bellweather is the defendant supplier and trial is six weeks out.

Ex.DescriptionProducedIn 26(a)Sponsor on a listDispositionRule
TX-051Photographs of the failed housing, undatedNoNoNoneMoved in limine37(c)(1)
TX-088Supplier scorecard covering four vendorsYesYesIyengar, on neitherMoved in limine901(a)
TX-103Redesign drawing issued after the recallYesYesAldworthMoved in limine407
TX-014Internal quality memo, second casting lotYesYesAldworthObjection reserved803(6)
TX-171Email chain on the March pricing disputeYesYesHollingsNo objection
BW-601Settlement note to the third supplierYesYesMarsomWithdrawn 14 Mar408

The three middle columns are the ones nobody else has

TX-051 and TX-088 are unremarkable on their faces. One is a photograph and the other is a scorecard, and reading either tells you nothing. They are motions because of what is missing from the production log and the witness lists, which is a fact about two other documents.

DispositionExhibitsShare
No objection20950.7%
Objection reserved for trial12329.9%
Moved in limine6315.3%
Withdrawn after the meet and confer174.1%
Joint list, every number accounted for412100%

An empty disposition cell is the failure this sheet exists to prevent. 412 exhibits inside a 14 day objection window is 29.4 a day, weekends included.

A motion in limine template gives you the form of one motion, and the drafting is the easy half. The hard half is which of the 412 exhibits on the Thorncastle Instruments v. Bellweather Forge joint list needs one. Pretrial disclosures land at least 30 days before trial, and an objection not served within the next 14 days is waived except under Rules 402 and 403. That is 29 exhibits a day including the weekend, so the register is filled by joining lists rather than by reading documents.

Three columns do work no drafting guide does. Was this exhibit produced, with a Bates number in the production log? Does it appear in a Rule 26(a) disclosure? Is anyone who could authenticate it on a witness list? Twenty-two exhibits fail the first two, and a party that fails to disclose may not use that evidence at trial unless the failure was harmless. Nineteen fail the third. Those two joins produce 41 of the 63 exhibits moved on, and no document shows it on its face.

Eleven motions come back from the pretrial conference, seven granted and four not, which reads like a good afternoon. Once the court rules definitively on the record a party need not renew an objection or offer of proof, so the two definitive denials are finished and the three provisional grants are not. Six rulings are closed across 43 exhibits and five are live across 20, each carrying a named lawyer and the sentence they say while the exhibit is handed to a witness.

Two losses that are finished, and three wins that are not

The Motions in Limine, the Ruling Tracker, the Designation Index and Opposition Preparation.

Thorncastle Instruments v. Bellweather Forge  ·  prepared for the defence

Motions in Limine

One motion per way an exhibit fails, never one per exhibit, and every motion lists its numbers.

#Relief soughtGroundEx.How it was found
M-1Exclude the exhibits never produced or disclosedFRCP 37(c)(1)22Join: production log and disclosures
M-2Exclude the exhibits with no custodian at allFRE 901(a)9Join: both witness lists
M-3Exclude ten more pending a named sponsorFRE 901(a)10Join: both witness lists
M-4Exclude the failure-rate summary chartFRE 10064Reading the documents
M-5Exclude the post-recall redesign drawingsFRE 4073Reading the documents
M-6Exclude evidence of the Verrick litigationFRE 4035Reading the documents
M-7Exclude references to liability insuranceFRE 4112Reading the documents
M-8 to M-11Audit finding, complaint log, damages exhibits, late demonstratives403, 802, 7028Reading the documents
Eleven motions, grouped by evidentiary basis6341 by join, 22 by reading

The two joins are 65.1 percent of the motion practice

M-1 through M-3 are 41 of the 63 exhibits, and not one of them is visible on the face of the document it concerns. A stock list of prejudice motions gets you M-6 and M-7.

Ruling Tracker

Two axes. The second one decides who has to say something at trial.

#RulingDefinitive?Ex.What trial still needsWho
M-1GrantedDefinitive22Nothing
M-2GrantedDefinitive9Nothing
M-3GrantedSubject to a sponsor10Object on authentication, ask to be heardSecond chair
M-4GrantedSubject to the data4Object, Rule 1006, data never made availableSecond chair
M-5GrantedImpeachment only3Object in the case in chief, strike 118:4 to 119:22Lead counsel
M-6GrantedDefinitive5Nothing
M-7GrantedDefinitive2Nothing
M-8DeniedDefinitive3Nothing. Preserved without renewing
M-9DeniedDefinitive2Nothing. Preserved without renewing
M-10No rulingDeferred2Object, Rule 702, renew the deferred motionLead counsel
M-11No rulingDeferred1Object, cite the date in the pretrial orderSecond chair

Two readings of the same afternoon

Read asResultExhibits
Granted against denied7 granted, 4 not63 moved on
Definitive against provisional6 finished, 5 live43 done, 20 live

Both losses sit in the finished column and three of the wins do not. That is the whole reason this sheet sorts on the second row rather than the first.

Designation Index

The deposition designations joined back to the exhibits they discuss. 1,860 lines across nine witnesses.

WitnessPage and lineLinesExhibitExhibit statusAction required
R. Aldworth118:4 to 119:2244TX-103Excluded, M-5Move to strike with the exhibit
P. Iyengar55:1 to 56:934TX-088Excluded, M-2Move to strike with the exhibit
V. Renner88:2 to 89:630TX-051Excluded, M-1Move to strike, keep our counter
T. Okonkwo140:3 to 142:755TX-224Deferred, M-10Object in the moment, renew M-10
D. Hollings210:11 to 213:1984TX-219Motion denied, M-8Counter-designate and move on
K. Marsom34:9 to 37:673BW-508No objectionNone

108 lines that survive the exclusion order

Slice of the designated recordLinesWitnessesShare
Everything designated, both sides1,8609100%
Discussing an exhibit under motion247513.3%
Discussing an exhibit actually excluded10835.8%

The exhibit is out and the testimony reading it to the jury is still in. The register cannot see that, because it has no idea what the transcripts say.

Their four motions, answered exhibit by exhibit

Opposition Preparation

Same discipline as ours. A weak position is marked weak rather than argued at the volume of a strong one.

#What they move onOursWhat we showStrength
M-ACertified material test reports, hearsay and lab biasBW-508 to BW-516Marsom lays the records foundation for all nine, and the lab was retained before the dispute aroseStrong
M-BIncoming inspection log, hearsay within a business recordBW-533The inner layer is their own employee speaking, and Okonkwo lays the outer oneStrong
M-CThird-supplier correspondence, compromise negotiationsBW-601, BW-602Nothing. The objection is right and both went out with 15 others on 14 MarchNone
M-DCost-of-cover summary, invoices produced lateBW-644Produced 3 April with a cover letter, seven weeks before fact discovery closedStrong

What goes in every one of them

The exhibit numbers they did not identify. Half of these motions describe a category, and naming the exhibits inside it is the first paragraph, because it converts their motion into something a court can rule on.

Then one sentence on what we will not oppose, and a request for a definitive ruling in those words. Conceding the two exhibits that should not be on our list buys credibility on the seven that should.

What's in the pack

01

Exhibit Register

One row per exhibit, carrying the disposition, the ground, the rule, and the three columns that produce the motions.

02

Designation Index

Every designated block joined back to the exhibit it discusses, so an exclusion cannot leak through a deposition digest.

03

Ruling Tracker

Each ruling on two axes, and every live row names what happens at trial, who does it, and the exact words.

04

Motions in Limine

One motion per way an exhibit fails, with the numbers listed out, because a category is something a court has to guess at.

05

Opposition Preparation

Their motions answered at the exhibit level, with the position we cannot defend marked as one rather than argued.

06

Offers of Proof and Trial Objections

The live rulings as a printed script, plus a drafted offer of proof for each piece of your own evidence kept out.

07

What a Ruling Actually Preserves

Why the tracker sorts on definitive rather than granted, and what counts as definitive when the minute order is ambiguous.

How to use it

  1. 1

    Open in River, or take it blank

    Hand River the joint exhibit list, both witness lists, the designations, the production log and the disclosures, or take the Word documents and CSV sheets from the template library.

  2. 2

    Every exhibit, then the joins

    One row per exhibit before any motion is drafted, then the list joined against the production log, the Rule 26(a) disclosures and both witness lists.

  3. 3

    Group by how the exhibit fails

    One motion per evidentiary basis with the numbers listed, checked against the standing order that says whether this court wants an omnibus filing or separate motions.

  4. 4

    Record the ruling on two axes

    Definitive or provisional first and granted or denied second, and every live row gets a named lawyer and the sentence they will say. That first column is what the appellate record and brief pack reads a year later.

Frequently asked questions

Is this template free?

Free, no account, no card. The download is four Word documents and three CSV sheets. The AI branch does what the blank files cannot: it reads your joint list against your production log and your disclosures, then reports the exhibits neither one accounts for. Every other pack in the template library opens the same two ways.

What format are the downloaded files?

One zip, with the four documents as Word (.docx) and the three registers as CSV (.csv). The registers open in Excel, Numbers or Google Sheets, and the motions, the opposition notes, the offers of proof and the method doc open in Word or Pages. No conversion, nothing proprietary.

One omnibus motion, or a separate motion for each issue?

The judge's standing order decides it, and both camps are real. The individual rules of Chief Judge McMahon in the Southern District of New York ask counsel to file each application separately, with a brief of no more than five pages. Other chambers want one numbered document, and the local formatting layer gets read the same way.

How does it decide which exhibits need a motion?

By joining lists rather than by reading documents. An exhibit with no Bates number in the production and no mention in a disclosure is a Rule 37(c)(1) motion. An exhibit whose only sponsor is on neither witness list is an authentication motion. Those two joins found 41 of the 63, and the other 22 came from grading the record proposition by proposition.

Does a granted motion in limine settle the issue?

Not when the grant carries a condition. A definitive ruling on the record relieves a party of renewing the objection or the offer of proof, and a grant subject to a foundation being laid is not one. Three of the seven grants in the worked matter are conditions, covering 17 exhibits somebody still has to object to in the moment.

Do the deposition designations need their own motions?

Often, and it is the step that gets missed. Excluding an exhibit does not exclude the testimony that reads its contents to the jury. In the worked matter 108 designated lines across three witnesses discuss an exhibit that was excluded, and each block needs a motion to strike filed alongside the exhibit motion.

What does Edit with AI actually do?

It creates the account, installs this pack as a private workspace, and leaves the agent waiting on an empty Exhibit Register. Send the joint list, both witness lists, the designations, the production log and the Rule 26(a) disclosures. What comes back first is the set of exhibits nothing accounts for, with the authority behind each ground.

Start from the exhibit list, not from a list of motions

Take the Word documents and CSV sheets blank, or open the pack in River with your own joint list and designations in it.

Edit with AI