Redactions, Motions in Limine, and the Evidence That Actually Reaches the Jury
A common question from clients and their families is: “Does the jury see everything?” The short answer is no. In Massachusetts criminal trials, the evidence that reaches the jury is carefully filtered. Documents are routinely redacted, certain materials are excluded by pretrial rulings, and jurors are instructed that they may consider only the evidence properly admitted and may not speculate about what was left out.
This expanded guide explains how evidence is limited before it reaches the jury, the role of redactions and motions in limine, why these procedures matter, and what jurors are (and are not) permitted to consider.
Does the Jury See Everything?
No. Courts and counsel routinely “sanitize” or redact evidence so that the jury receives only material that is relevant, non-prejudicial, and properly authenticated. The goal is a fair presentation of the facts without dumping volumes of irrelevant, cumulative, or private information into the jury room.
In most cases the defense attorney and the prosecutor discuss proposed redactions in advance and reach agreement. When the parties cannot agree, the dispute is typically resolved by the judge through a motion in limine.
Motions in Limine
A motion in limine is a request made to the trial judge—often on the day of trial or shortly before—to allow or exclude particular evidence or to limit the way evidence may be presented. The judge hears argument from both sides and rules. These rulings shape what the jury ultimately sees and hears.
Motions in limine are especially common when medical records, prior bad acts, inflammatory photographs, or other sensitive materials are at issue. A successful motion can keep highly prejudicial or irrelevant material out of the jury’s view entirely.
What It Means to Redact Material
Redaction is the process of blacking out or otherwise concealing portions of a document so that the jury receives a clean, limited version. The resulting exhibit is a photocopy (or electronic image) of the redacted original. Jurors see only what remains after the black marks have removed the excluded content.
Medical records are among the most frequently redacted materials. Hospital charts and treatment notes often contain extensive personal, financial, or medical information that has nothing to do with the issues the jury must decide. Leaving that material unredacted would risk confusing the jury, invading privacy, and introducing unfair prejudice.
Why Courts Redact Documents
Redaction serves several important purposes:
- It keeps irrelevant information out of the jury’s consideration;
- It prevents the jury from being overwhelmed by cumulative or lengthy records;
- It protects private or sensitive details that have no bearing on the case; and
- It ensures that the evidence presented is fair and focused on the disputed issues.
Jurors are instructed that they may not speculate about what has been redacted or excluded. They must decide the facts solely from the evidence that has been properly admitted and presented to them.
What Jurors May—and May Not—Consider
The jury’s role is to determine the facts from the evidence admitted at trial. That evidence typically consists of:
- Sworn testimony of witnesses;
- Exhibits that have been formally admitted;
- Stipulations agreed to by the parties; and
- Any facts of which the court has taken judicial notice.
Jurors may not consider statements of counsel that are not supported by evidence, materials that were excluded by the court, or their own speculation about what might have been redacted or left out. They are also instructed not to conduct independent research or to bring outside materials into the jury room.
Why These Procedures Matter
Careful control over what reaches the jury is one of the primary ways the trial process protects fairness. A single unredacted page of medical history, an inflammatory photograph, or a reference to prior bad acts can unfairly influence a verdict. Defense counsel’s attention to redactions and motions in limine is therefore a critical part of trial preparation and advocacy.
Frequently Asked Questions
Who decides what gets redacted?
Ideally the parties agree. When they cannot, the trial judge rules on a motion in limine after hearing argument from both sides.
Do jurors ever see the unredacted original?
Generally no. The jury receives the redacted version that has been approved for admission. The original or unredacted materials remain part of the court record but are not given to the jury.
Can the jury ask to see something that was excluded?
No. Once material has been excluded by the court, it is not available for the jury’s consideration, even if the jury later requests it.
Why Experienced Counsel Matters
The difference between a fair trial and an unfair one often lies in the details of what the jury is allowed to see. An attorney who prepares thorough redactions, files timely motions in limine, and objects when necessary protects the client from irrelevant or prejudicial material that could otherwise sway the verdict.
Contact Criminal Defense Attorney William J. Barabino
If you or a loved one is facing criminal charges and has questions about the evidence that will (or will not) reach a jury, experienced representation is essential. The Law Office of William J. Barabino provides client-focused criminal defense throughout Massachusetts.
Call 781-393-5900 today for a confidential consultation.
Visit williambarabino.com for additional resources on criminal procedure and related topics.
Related Blog Posts and Resources
You may also find these helpful:
Disclaimer: This article is for educational and informational purposes only and does not constitute legal advice. The law is subject to change, and the application of legal principles depends on the specific facts of each case. Reading this material does not create an attorney-client relationship. For advice regarding your particular situation, consult a qualified Massachusetts criminal defense attorney.
