In re A.H., 250 N.C. App. 546 (2016)

  • Facts: Prior to the TPR hearing, respondent mother (without her assistance of counsel) filed with the court a “parent report” and “green folder” that consisted of several documents. The child’s GAL filed a motion in limine to strike the documents from the court file. The motion was granted. Respondent mother appeals.
  • Respondent mother was not prevented at the TPR hearing from seeking to properly introduce into evidence the documents that had been filed with the court and stricken from the court file before the TPR hearing. A court’s ruling on a motion in limine is preliminary in nature, and a court may reconsider the admissibility of challenged evidence based on other evidence that is presented at trial. To preserve the underlying evidentiary issue, the party must attempt to introduce the evidence at trial. By failing to do so, respondent mother did not preserve this issue for appeal.


Termination of Parental Rights
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