Sample Motion In Limine IN THE IOWA DISTRICT COURT FOR COUNTY ________________________________________________________________ : : NO. FECR00 : vs. : STATE’S , : IN LIMINE Defendant. : _________________________________________________________________ STATE OF IOWA COMES NOW, the State of Iowa, by and through the undersigned, and moves the Court for an Order in limine, directing the defense, whether through counsel or witnesses, not to refer to, at any stage of the trial, the following: 1. Any evidence regarding non-pertinent character traits of the victim. Such evidence, either through specific instances of conduct, reputation or opinion, is inadmissible pursuant to Iowa Rules of Evidence 5.404(a) and 5.405 (a) and (b) and is not relevant to the issues in this case. 2. Such evidence includes but is not limited to: 1) evidence of victim’s prior mental heath history and treatment history; including a one-week inpatient stay at Mental Hospital in November of 2001; 2) evidence of any assaultive behavior of the victim absence a claim of self defense including a specific instance of conduct where she allegedly swung her purse at the Defendant last June. State v. Miller, 359 N.W.2d 508, 510 (Iowa App. 1984); State v. Jacoby, 260 N.W.2d 828, 837 (Iowa 1977).) 3. For the purpose of attacking the credibility of the victim, any evidence of a criminal I-26 conviction not involving dishonesty or false statements, unless the crime is punishable in excess of one year. Including but not limited to a twenty year-old drug conviction and any evidence regarding her incarceration thereon. This evidence is inadmissible pursuant to Iowa R. Evid. 5.609(b). 4. For the purpose of attacking the credibility of the victim, any extrinsic evidence of untruthful character presented through specific instances of conduct including an allegation that the victim stole $50 from the Defendant or the Defendant’s sister in spring of 2001. Such evidence is inadmissible pursuant to Iowa R. Evid. 5.608(b). WHEREFORE, the State requests that the Court enter an Order directing the defense, whether through counsel or witnesses, not to refer to the above matters at any stage of the trial. Respectfully Submitted, ________________________________ Copy to: I-27