A limine
A limine ( Latin limen = threshold ) is a collective term for judicial decisions that are made at the beginning of a procedure, typically by resolution, without an oral hearing and without taking evidence, or at the threshold of the court .
The term a limine comes from Roman law . This knew the dismissal of the action without a hearing if the right for the action was not proven: Agens sine actione a limine iudicii repellitur (“A plaintiff without a justified claim is expelled from the threshold of the court”).
A decision a limine must be distinguished from litigation judgments with which a complaint is dismissed as inadmissible without examination of the merits ( absolutio ab instantia , also dismissal a limine litis ) and the dismissal of a complaint as unfounded by judgment ( absolutio ab actione ).
Often - but not necessarily in terms of the terminology - an A-Limine decision only needs to be explained to a limited extent or not at all.
Negative A-Limine decisions by the lower courts are an instrument for restricting legal remedies in Germany . Examples can be found in Section 544 (5) sentence 3 ZPO, Section 133 (5) sentence 3 VwGO or Section 116 (5) sentence 3 FGO. When the complaint against the non-admission of the appeal is rejected , the judgment becomes final.
Section 522 of the German Code of Civil Procedure (ZPO) in the version valid until October 26, 2011 provided for the possibility of a limine rejection of an appeal .
With an A-Limine decision, the Federal Constitutional Court can refuse to accept a constitutional complaint . The rejection of the acceptance is given without an oral hearing, is final and does not require a justification ( § 24 , § 93d Abs. 1 and 3 S. 1 BVerfGG).
In US procedural law, a motion in limine is an application to the court to decide in advance about the admission of evidence for the later proceedings.
Individual evidence
- ^ A limine Proverbia Iuris, accessed July 16, 2018
- ↑ Diederich Eckardt : On the dismissal of a limine litis in the minority court proceedings , in: Trier Festschrift for Walter F. Lindacher on his 80th birthday, 1st edition 2017, p. 75 ff.
- ^ Carl Creifelds: Legal dictionary . 21st edition 2014. ISBN 978-3-406-63871-8
- ↑ Stephan Albrecht: Strengthening the rights of the appellant - the new version of § 522 ZPO. 2011
- ↑ Jordan Dickson: Writing for Trial: The Motion in Limine. Georgetown University , 2018 (English).
