Question: If an attorney allows for the violation of a motion in limine, can that attorney be subjected to monetary sanctions by the trial court?
Answer: Yes, Indiana trial courts possess the inherent power to sanction parties and attorneys for violating orders in limine and causing mistrials.
A ruling on a motion in limine is not final on the admissibility of evidence and instead is designed to prevent mention of prejudicial evidence to the jury before the trial court has had the opportunity to consider its admissibility. One consequence of this is that the ruling granting or denying a motion in limine is not available as a ground for reversal. The second consequence is that error based upon the subsequent admission of evidence must be predicated upon timely and proper objection when the evidence is offered at trial. That is not to say that a party who violates an order in limine may do so with impunity.
Sanctions are within the discretion of the trial court and may extend to declaration of a mistrial and/or punishment for contempt. As for a mistrial, declaration of a mistrial is generally within the discretion of the trial court. It is an extreme remedy invoked only when no other measure can rectify the perilous situation. The trial judge is in the best position to gauge the surrounding circumstances of an event and its impact on the jury.