Appellate Law

Mandamus Review Not Available For Pre-Trial Ruling On Motion In Limine

Although it was decided in the criminal law context, the case Ex parte King, [Ms. 1071540] (Ala. Jan. 9, 2009), may be instructive in civil cases.  In King,  the Alabama Supreme Court held that mandamus review of a pre-trial ruling on a motion in limine regarding evidence is not approrpiate.  The Court noted that there were no published opinions in Alabama covering this scenario, but, well settled propositions show that such a review is not alliowed.  Evidentiary rulings are reviewed to determine whether a trial court exceeded its discretion.  These types of rulings are not approrpiate for mandamus review because  "circumstances involving alleged errors of judgment, or errors in the exercise of judicial discretion, [do] not constitute grounds for invoking supervisory mandamus."  Slip Op. p. 6, quoting Ex parte Nice, 407 So. 2d 874, 882 (Ala. 1981).

Full post as published by Alabama Appellate Watch on January 15, 2009 (boomark / email).