37 CFR 41.155: Objection; motion to exclude; motion in limine

Taken from the Ninth Edition of the MPEP, Revision 07.2022, Published February 2023

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41.155    Objection; motion to exclude; motion in limine.

  • (a) Deposition. Objections to deposition evidence must be made during the deposition. Evidence to cure the objection must be provided during the deposition unless the parties to the deposition stipulate otherwise on the deposition record.
  • (b) Other than deposition. For evidence other than deposition evidence:
    • (1) Objection. Any objection must be served within five business days of service of evidence, other than deposition evidence, to which the objection is directed.
    • (2) Supplemental evidence. The party relying on evidence for which an objection is timely served may respond to the objection by serving supplemental evidence within ten business days of service of the objection.
  • (c) Motion to exclude. A miscellaneous motion to exclude evidence must be filed to preserve any objection. The motion must identify the objections in the record in order and must explain the objections.
  • (d) Motion in limine. A party may file a miscellaneous motion in limine for a ruling on the admissibility of evidence.
[Added, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004; para. (b) revised, 69 FR 58260, Sept. 30, 2004, effective Sept. 30, 2004]