Motion in limine

A Limine (also a limine, lat on the threshold, at the barrier ). Decision is a procedural technique and refers to the majority or unanimous deciding on an equal desire to start a process and without further process steps Often, but not by definition, so the opportunity is connected, not to justify this decision on.

In German Court Rules that decision mode is generally only given higher courts as an instrument of negative Limitation of Remedies ( § 116 paragraph 5 p 2 FGO, § 133 paragraph 5 p 2 Code of Administrative Procedure ). Even special courts is permitted to do so, as determined § 24 Federal Constitutional Court Act:

Since 2002 in the Code of Civil Procedure is the possibility of A- limine rejection introduced an appeal ( § 522 para 2, para 3 ZPO).

On the other hand, however, a dismissal for lack of real process conditions ( eg lack of German jurisdiction, no original jurisdiction of the court seised, etc.) is referred to as A- limine ruling. In contrast to the lack of pure material prerequisites judgment was made not even a ( repellent ) Process judgment.

A Limine can be decided in a modified form with a positive tenor:

  • § 349 Code of Criminal Procedure, Section 4
  • § 93d para 1 and 3 p 1 BVerfGG
  • § 116 paragraph 6 FGO
  • § 133 paragraph 6 Code of Administrative Procedure.
  • Litigation (in Germany )
  • Latin phrase
  • Roman law
20990
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