What’s the role of a motion in limine in Georgia criminal defense?
A motion in limine asks a judge to rule on evidence before the jury hears it. It lets a side stop a damaging fact from coming out in the first place, or learn in advance how a ruling will go. Georgia’s evidence code, O.C.G.A. § 24-1-103, governs preserving the issue.
Targets in criminal cases can include:
| Evidence | Rule | Possible argument |
|---|---|---|
| Other crimes or acts | § 24-4-404(b); § 24-4-403 | No proper purpose; unfair prejudice |
| Prior convictions | § 24-6-609 | Too old, unfair |
| Sex crime history | §§ 24-4-412, 24-4-413, 24-4-414 | Specific rules |
| Character | §§ 24-4-404, 24-4-405 | Opening the door |
| Expert testimony | § 24-7-702 | Unreliable |
| Photographs | § 24-4-403 | Prejudice exceeds value |
| Hearsay | §§ 24-8-801 to 24-8-807 | Testimonial, Crawford (2004) |
| References to silence | Griffin v. California | Barred |
Preservation. Under § 24-1-103(a), once a judge rules definitively on the record, a party doesn’t have to renew the objection at trial. Georgia courts ask whether the ruling was truly definitive. A tentative ruling may need a new objection.
Timing and form. Motions are filed before trial, with a hearing set by the court. A defense can use it to learn about the state’s theory.
The risk. A ruling can change if the evidence at trial “opens the door.” A witness volunteering something barred by the order may require a motion for mistrial right then.
A defendant may also use a motion in limine affirmatively, to get a ruling that its evidence will come in, such as third-party guilt.
General information about Georgia law as of November 2026. It is not legal advice and does not create an attorney-client relationship.