Motions in Limine in California Workers' Compensation Cases

Key Differences for California Workers' Compensation

In California workers' compensation, motions in limine are governed by the Workers' Compensation Appeals Board (WCAB) rules rather than standard civil procedure, meaning the filing deadline is typically 20 days before trial and the motion must be specific to admissibility of evidence that could prejudice the claimant or employer.

Purpose and Common Uses

These motions aim to exclude testimony, documents, or expert reports that are irrelevant, overly prejudicial, or not compliant with the statutory evidentiary standards for medical and wage loss claims.

Filing Requirements

To file a motion in limine in a WCAB case, the moving party must:

• Serve the motion on all parties at least 20 days before the hearing.
• Attach a memorandum of points and authorities citing WCAB Rules and relevant case law.
• Include a declaration stating the factual basis for the objection.

Typical Grounds for Granting

The WCAB often grants motions that address:

• Improperly obtained medical records.
• Expert testimony that does not meet the "reasonable certainty" standard.
• Evidence of prior injuries unrelated to the current claim.

Opposition Strategy

Opposing parties should respond with a brief that:

• Demonstrates relevance under California Labor Code § 4660.
• Shows that the evidence is probative and not merely cumulative.
• Offers affidavits or declarations to counter the moving party's factual assertions.

Sample Comparison Table

Strategic Tips

Focus on concise, rule‑based arguments; avoid broad objections that may be perceived as "trial‑by‑motion." Use declarations to establish the factual basis early, and consider a joint stipulation to streamline admissible evidence when possible.