Can I file a motion in limine prior to my small claims appeal?

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Anonymous Jun 26, 2012 Lawsuits And Disputes 8 views 3 answers

I want to make sure that the defendant, who appealed, isn't allowed to raise any issues from a separate trial where he sued me and lost. We sued each other, and while I won my case, he lost his. I want to file a motion in limine to prevent him from trying to re-litigate his case against me since it was already litigate to a final judgment and as the plaintiff, he has no right to appeal.

Attorney Answers

Kevin Sullivan

Kevin Sullivan · Jun 15, 2026

in theory you could file a motion in limine but then again this is small claims court and you could probably just make your request orally.

0 upvotes

Frank Chen

Frank Chen · Jun 15, 2026

No, because the rules of evidence are relaxed in small claims court, the small claims court isn't going to consider a motion in limine. A motion in limine is typically only used in jury trials wherein admitting the evidence would either be overly prejudicial or unduly time-consuming.

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Nicholas Spirtos

Nicholas Spirtos · Jun 15, 2026

In small claims cases, even small claims appeals, the rules of evidence are relaxed. The judge will take into consideration any evidence provided by the parties that he thinks is relevant. Just explain to the judge that there were two cases, and that under the rules, the defendant can only appeal the judgment he lost on.

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