IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
, §
§
Plaintiff, §
v. §
§ CIVIL ACTION NO. 2: -CV-00-JRG
, §
§
Defendant. §
FIRST AMENDED STANDING ORDER ON MOTIONS IN LIMINE IN
NON-PATENT CIVIL CASES
This Order is effective upon filing. The Court imposes the following set of standard limine
rulings to be applied to all parties in every non-patent civil action. In addition to these limine
orders, each side 1 will be permitted to propose and argue (if opposed) 2 up to, but not more than,
five (5) of each sides’ own motions in limine at the Pretrial Conference.
I. STANDARD LIMINE ORDERS
It is ORDERED that the Parties, their witnesses, and counsel shall not raise, discuss, or argue
the following before the venire panel or the jury without prior leave of the Court:
Court MIL No. 1: The parties shall be precluded from introducing evidence, testimony,
or argument regarding pretrial proceedings or issues including but not
limited to discovery disputes, dispositive motion practice, or dropped
claims or defenses.
Court MIL No. 2: The parties shall be precluded from introducing evidence, testimony,
or argument that raises religious or political beliefs, race, ethnicity,
gender, national origin, sexual orientation, or health (including but not
limited to vaccination status) of a party, witness, attorney, or law firm.
1
The term “side” as used herein shall mean all parties named as or otherwise aligned with the plaintiff or the defendant.
For example, if a case has three named defendants and an intervenor principally aligned with one or more of the named
defendants, all such entities/persons shall collectively be deemed one “side” for purposes of this Order.
2
This Order anticipates only opposed limine matters being submitted to the Court. Any agreed limine matter should
be preserved through a filed stipulation acknowledging the Court’s power to enforce the same. Without leave, any
such limine stipulation must be filed not later than 48 hours prior to the beginning of the pre-trial conference.
Court MIL No. 3: The parties shall be precluded from introducing evidence, testimony,
or argument concerning any party’s overall financial size, wealth, or
executive compensation.
Court MIL No. 4: The parties shall be precluded from introducing evidence, testimony,
or argument before the jury that relates only to equitable issues or
defenses (i.e., evidence that does not also serve another evidentiary
purpose relevant to jury issues).
Court MIL No. 5: The parties shall be precluded from introducing any argument,
evidence, testimony, insinuation, reference, or assertion regarding a
witness’ choice to testify in his or her native or chosen language (being
any language other than English).
Court MIL No. 6: The parties shall be precluded from introducing evidence, testimony,
or argument referring to any other person or entity as “greedy,”
“corrupt,” “evil,” or “dishonest,” or using any other pejorative term.
Court MIL No. 7: The parties shall be precluded from introducing evidence, testimony,
or argument regarding funding of the litigation or regarding any
comment on attorney-fee compensation including amounts or
structure.
Court MIL No. 8: The parties shall be precluded from introducing evidence, testimony,
or argument regarding either party’s other litigations or arbitrations,
including parallel proceedings in any other court, tribunal, or forum,
including ADR proceedings.
Court MIL No. 9: The parties shall be precluded from introducing evidence, testimony,
or argument regarding the size of the parties’ law firms or the number
of attorneys representing the parties.
Court MIL No. 10: The parties shall be precluded from introducing evidence, testimony,
or argument regarding the fact that testimony or opinions offered by
any expert may have been criticized, excluded, or found to be
unreliable in any other forum.
Court MIL No. 11: The parties shall be precluded from introducing evidence, testimony,
or argument referring to the role or presence in the courtroom of jury
consultants or shadow jurors, or the use of focus groups or mock
proceedings to assist with trial preparation, jury selection, or trial.
Court MIL No. 12: The parties shall be precluded from introducing evidence, testimony,
or argument suggesting that the Eastern District of Texas is an
improper or inconvenient venue in which to try this case.
2
Court MIL No. 13: The parties shall be precluded from introducing evidence, testimony,
or argument suggesting that the other party had an affirmative duty to
seek opinion of counsel, and/or any inference that may be drawn as to
what the contents of such an opinion would have been.
Court MIL No. 14: No party shall ask questions or make statements to invoke a privileged
or protected answer.
Court MIL No. 15: No expert witness may testify to expert opinions outside the established
parameters of her/his expert report, and counsel shall not raise such
an objection for strategic or other non-meritorious purposes.
Court MIL No. 16: No party shall reference the presence or absence of any party’s
corporate representative, employee, or other witness.
Court MIL No. 17: The parties shall be precluded from introducing evidence, testimony,
or argument suggesting that the opposing party failed to call any
witness. The parties shall also be precluded from making any mention
. or statement of probable testimony of a witness who is absent,
unavailable, or will not be called or allowed to testify live or by
deposition in this case. In short, no party shall “try the empty chair.”
Court MIL No. 18: No party shall reference the presiding judicial officer by name in any
hearing or proceeding. All references to the rulings, orders, or policies
of the Court shall only be attributed to the Court institutionally but not
to any judicial officer by name or individual identity.
Court MIL No. 19: The parties shall be precluded from introducing evidence, testimony,
or argument concerning any indemnification agreement, obligation,
and/or request for indemnification.
So ORDERED and SIGNED this 22nd day of August, 2025.
____________________________________
RODNEY GILSTRAP
UNITED STATES DISTRICT JUDGE
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