Document Type

Davis v. State of Ohio, Cuyahoga County Common Pleas Case No. CV96-312322


January 7, 2000

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plaintiff's filing, opposition, motion in limine, exhibits


In the motions in limine it has filed, the State challenges various exhibits listed by Plaintiff as inadmissible. This is an improper use of the motion in limine; instead, the State may only use such a motion to preclude "questions being asked in a certain area until the court can determine from the total circumstances of the case whether the evidence would be admissible," PALMER, supra. Motions in limine may not be used to challenge the admissibility of physical or demonstrative evidence, as the State has attempted.

Even assuming arguendo that the State's motions are properly brought, they cannot be argued at this time. Until trial has started, and Plaintiff has had the opportunity to lay foundations for the introduction of the various exhibits at issue, explain the rationale for offering each exhibit into evidence, and solicit live testimony to both explain the purpose for which each item of evidence is offered and refute the State's challenges of hearsay, lack of authenticity, and relevance, this Court has no facts upon which to base a decision. Forcing Plaintiff to explain the purpose for which each exhibit is offered, the appropriate indicia of reliability, and the relevance of each item in pretrial motion practice is extremely \vasteful, and would avoid the actual trial of facts entirely.