What Is a 'Motion in Limine' Before Jury Selection in a Texas Personal Injury Trial?
Direct Answer Under Texas Law
A Motion in Limine is a pretrial motion heard by the Texas trial judge before voir dire (jury selection) begins, asking the judge to order the opposing lawyer and witnesses NOT to mention inadmissible, unfairly prejudicial topics in front of the jury without first approaching the bench outside the jury's hearing. Standard plaintiff Motions in Limine in Texas exclude: (1) collateral sources (that health insurance or PIP paid medical bills, Haygood); (2) when the plaintiff hired a lawyer; (3) that a recovery is federal income tax-free; (4) unrelated prior claims or arrests over 10 years old (TRE 609); (5) unpleaded comparative fault or struck § 18.001 counter-affidavits; and (6) traffic ticket issuance without a guilty plea.
Critical Texas Procedural Trap to Watch Out For
APPELLATE PRESERVATION RULE (Hartford v. McCardell): Under Texas law, a judge's ruling granting or denying a Motion in Limine is NOT a final ruling on admissibility and preserves ZERO error for appeal by itself! If the other side violates an order in limine at trial (or if your own evidence was limined out), you must still make a timely objection on the record (or make a formal Offer of Proof / Bill of Exception outside the jury's presence under TRE 103(a)(2)) during trial to preserve the issue for appeal!
Recommended Action Plan for Texas Claimants
Get a signed written Order on every Motion in Limine item before voir dire starts, and instruct every witness on the limine rulings before they take the stand.
Detailed Texas Statutory & Case Law Breakdown
Under Tex. R. Evid. 103, 401–411 and controlling Texas appellate precedent in Pool v. Ford Motor Co., 715 S.W.2d 629 (Tex. 1986); Hartford Accident & Indemnity Co. v. McCardell, 369 S.W.2d 331 (Tex. 1963), Texas trial and appellate courts apply strict statutory rules to this exact issue. Unlike generic multi-state legal summaries, Texas tort procedure under the Civil Practice and Remedies Code (CPRC), Insurance Code, Transportation Code, and Labor Code enforces specific statutory formulas—including the 51% proportionate responsibility bar (CPRC § 33.001), paid-or-incurred medical expense admissibility (CPRC § 41.0105 / Haygood), and mandatory statutory lien caps (Prop. Code Ch. 55 & Ins. Code Ch. 140).
Step-by-Step Texas Procedural Checklist
- Verify the exact statutory text of Tex. R. Evid. 103, 401–411 and how Texas courts apply Pool v. Ford Motor Co., 715 S.W.2d 629 (Tex. 1986); Hartford Accident & Indemnity Co. v. McCardell, 369 S.W.2d 331 (Tex. 1963) in your county's appellate district.
- Beware of the Texas Procedural Trap: APPELLATE PRESERVATION RULE (Hartford v. McCardell): Under Texas law, a judge's ruling granting or denying a Motion in Limine is NOT a final ruling on admissibility and preserves ZERO error for appeal by itself! If the other side violates an order in limine at trial (or if your own evidence was limined out), you must still make a timely objection on the record (or make a formal Offer of Proof / Bill of Exception outside the jury's presence under TRE 103(a)(2)) during trial to preserve the issue for appeal!
- Execute the Texas Action Plan: Get a signed written Order on every Motion in Limine item before voir dire starts, and instruct every witness on the limine rulings before they take the stand.
- Preserve all physical, electronic, and medical billing records early so your CPRC § 18.001 affidavits and TRCP 194.2 Initial Disclosures are complete.
Frequently Asked Questions Under Texas Law
What Is a 'Motion in Limine' Before Jury Selection in a Texas Personal Injury Trial?
A Motion in Limine is a pretrial motion heard by the Texas trial judge before voir dire (jury selection) begins, asking the judge to order the opposing lawyer and witnesses NOT to mention inadmissible, unfairly prejudicial topics in front of the jury without first approaching the bench outside the jury's hearing. Standard plaintiff Motions in Limine in Texas exclude: (1) collateral sources (that health insurance or PIP paid medical bills, Haygood); (2) when the plaintiff hired a lawyer; (3) that a recovery is federal income tax-free; (4) unrelated prior claims or arrests over 10 years old (TRE 609); (5) unpleaded comparative fault or struck § 18.001 counter-affidavits; and (6) traffic ticket issuance without a guilty plea. Key Texas Trap to Avoid: APPELLATE PRESERVATION RULE (Hartford v. McCardell): Under Texas law, a judge's ruling granting or denying a Motion in Limine is NOT a final ruling on admissibility and preserves ZERO error for appeal by itself! If the other side violates an order in limine at trial (or if your own evidence was limined out), you must still make a timely objection on the record (or make a formal Offer of Proof / Bill of Exception outside the jury's presence under TRE 103(a)(2)) during trial to preserve the issue for appeal!
What Texas statute and Supreme Court / appellate precedent control motions in limine in texas jury trials?
This question is governed in Texas by Tex. R. Evid. 103, 401–411 and the legal standards articulated in Pool v. Ford Motor Co., 715 S.W.2d 629 (Tex. 1986); Hartford Accident & Indemnity Co. v. McCardell, 369 S.W.2d 331 (Tex. 1963). Recommended step: Get a signed written Order on every Motion in Limine item before voir dire starts, and instruct every witness on the limine rulings before they take the stand.
Mandatory 6-Point Texas Legal Disclaimer & Notice
- 1. Not Legal Advice: This website provides general educational and statutory reference information strictly scoped to Texas personal injury law, Texas courts, and Texas statutes. Nothing on this site constitutes legal advice, a legal opinion, or counseling on any specific set of facts.
- 2. No Attorney-Client Relationship: Viewing this website, reading any statutory or procedural guide, or using any interactive calculator, checklist, or reference tool does not create an attorney-client relationship between you and this publisher or any contributor.
- 3. Content May Be Inaccurate or Outdated: Although articles reference the Texas Civil Practice and Remedies Code (CPRC), Texas Transportation Code, Texas Insurance Code, Texas Labor Code, Texas Rules of Civil Procedure (TRCP), and published decisions of the Supreme Court of Texas and the 15 Texas Courts of Appeals, legislation and appellate holdings change continually. Information on this website may be incomplete, inaccurate, or superseded by subsequent statutory amendments or judicial opinions.
- 4. Verify With a Licensed Texas Attorney: Deadlines under Tex. Civ. Prac. & Rem. Code § 16.003, municipal charter notice windows under § 101.101, and comparative fault bars under Chapter 33 are strictly enforced. Always verify your legal rights, filing deadlines, and jurisdictional rules directly with an attorney licensed and in good standing with the State Bar of Texas.
- 5. No Guarantee of Results: Statutory damage cap formulas, proportionate responsibility illustrations, and medical bill adjustment examples are mathematical and educational illustrations only. They do not predict, warrant, or guarantee any specific verdict, settlement amount, or legal outcome in any Texas court.
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