Prior to trial, it may be appropriate for either side to file motions, called motions in limine, which seek to keep out or limit the introduction of certain evidence.
A motion in limine is a pretrial motion which may be used in two ways: (1) The movant seeks, not a final ruling on the admissibility of evidence, but only to prevent the mention by anyone during the trial of a certain item of evidence or area of inquiry until its admissibility can be determined during the course of the trial outside the presence of the jury; or (2) The movant seeks a ruling on the admissibility of evidence prior to the trial.
Motions in limine do not have to be in writing and can be made just prior to trial because they generally do not call for the testimony of any witnesses. However, caution should be exercised not to lump evidentiary motions into the category of motions in limine and/or to present so many motions in limine that the trial is delayed by a mini motions in limine trial. The judge has an absolute right to refuse to decide the admissibility of evidence which allegedly violates some rule of evidence, prior to trial. Moore v. State, S13A1569. The judge can wait to rule on the admissibility of the evidence until it is offered at trial. Jones v. State, 316 Ga. App. 442 (2012); Holland v. State, 176 Ga. App. 343 (1985). If, however, the judge decides to rule on the admissibility of evidence prior to trial, the judge's determination of admissibility controls the subsequent course of action, unless modified at trial to prevent manifest injustice. Kay v. State, 306 Ga. App. 666 (2010).
A motion in limine will preserve the grounds on which the motion is based for appeal without the need to object again at trial. Billington v. State, 313 Ga. App. 674 (2012); Luckie v. State, 310 Ga. App. 859 (2011); Battles v. State, 290 Ga. 226 (2011); O.C.G.A. § 24-1-103 (a)(2). However, if the judge reserves ruling on evidence, the attorneys still have an obligation to object to the premature mention of that evidence by the other side. Rogers v. State, 290 Ga. 401 (2012).