Tanenbaum Keale LLP associates Lori Chapin and Tim Freeman were recently published by the New Jersey Law Journal on recent changes to the Rules Governing the Courts of New Jersey, including a new Rule – Rule 4:25-8 – which codifies certain best practices regarding motions in limine.
New Rule 4:25-8 is significant because it prohibits the filing of motions in limine that may have a dispositive impact on the case. In particular, Rule 4:25-8(a)(1) provides that “[a] dispositive motion falling outside purview of this rule includes an application to bar an expert’s testimony in a matter in which such testimony is required as a matter of law to sustain party’s burden of proof.”
“This is an important development in New Jersey law because it essentially requires dispositive motions to exclude expert testimony to be included as part of a motion for summary judgment, pursuant to Rule 4:46,” they write.
They conclude that attorneys in New Jersey “should carefully review Rule 4:25-8 because it governs the procedural requirements for motions in limine. As trial lawyers are aware, motions in limine can dramatically impact the evidence and testimony that is presented to the jury, often changing the complexion and substance of the parties’ stories.”