IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
, §
Plaintiff, §
§
v. § CIVIL ACTION NO. 2:-CV-00-JRG
§
, §
Defendant. §
STANDING ORDER ON THE NUMBER AND USE OF PRE-ADMITTED
EXHIBITS IN CIVIL CASES ASSIGNED TO CHIEF JUDGE RODNEY GILSTRAP
This Order is effective upon filing and supersedes the previous Standing Order on Number
and Use of Exhibits. Too often in today’s practice the Court finds itself confronted with hundreds
or even thousands of proposed exhibits at the pretrial conference. It appears that each side
designates every possible document as an exhibit to ensure it does not overlook something
important. While of some comfort to the designating party, such practice is overly burdensome to
the Court and to the party obligated to review the documents for objection. To provide for a more
realistic and efficient means of resolving disputes regarding exhibits to be pre-admitted in advance
of trial, the Court imposes the following limits on the presentation of exhibits at trial:
(1) In cases involving allegations of patent infringement and/or breach of FRAND obligations,
as well as declaratory judgment actions which relate to the same, the parties may jointly
prepare and present a Joint Exhibit List containing no more than seventy-five (75) exhibits
which have been agreed upon by both parties as being pre-admitted exhibits at trial.
Additionally, each party may serve and present its own Party Exhibit List containing no
more than thirty (30) additional exhibits.
(2) In all other civil cases, the parties may jointly prepare and present a Joint Exhibit List
containing no more than sixty (60) exhibits which have been agreed upon by both parties
as being pre-admitted exhibits at trial. Additionally, each party may serve and present its
own Party Exhibit List containing no more than twenty-five (25) additional exhibits.
All items on the Joint Exhibit List shall be pre-admitted. The Court will only consider
objections raised regarding exhibits on the opposed Party Exhibit Lists and will rule, as a part of
the pretrial process, on such objections. Any items from a Party Exhibit List which are not objected
to shall be pre-admitted. Any item from a Party Exhibit List where an objection has been overruled
shall be pre-admitted. Any item from a Party Exhibit List where an objection has been sustained
will be excluded and shall not be pre-admitted.
The parties’ presentation of exhibits at trial will be limited to those exhibits contained in
the Joint Exhibit List and each Parties’ Exhibit List which have been pre-admitted during the
pretrial process. Only pre-admitted exhibits may be presented at trial.
Notwithstanding the foregoing, and to assuage the parties’ concerns that something vital
might be overlooked as a part of this practice, if a party inadvertently omits a relevant document
.
from its Party Exhibit List, it may move to admit the omitted document into evidence at trial until
the close of evidence upon a showing of good cause. However, no party shall seek the admission
of more than four (4) omitted documents at trial, and no omitted document shall be raised or
mentioned in the presence of the venire panel or the jury prior to its admission by the Court. Any
party objecting to the admission of the omitted document will be heard by the Court outside the
presence of the jury.
So ORDERED and SIGNED this 9th day of August, 2023.
____________________________________
RODNEY GILSTRAP
UNITED STATES DISTRICT JUDGE
