Scheef & Stone Partner Michael Smith discusses the recently issued order by Chief Judge Rodney Gilstrap of the U.S. District Court for the Eastern District of Texas in an article published by IAM.
Motions in limine are a routine part of trial practice and prevent lawyers and witnesses from referencing potentially unfairly prejudicial matters. In the article, “EDTX Judge’s New Limine Order Takes Name-Calling off the Table,” Michael discusses the changes implemented by Judge Gilstrap’s ruling and how motions in limine will change going forward.
Reflecting on the order, Michael had this to say, “Judge Gilstrap’s order represents a good example of the routine rulings on these subjects that regular practitioners in his court have come to expect over the years, but more importantly, it represents an opportunity for clients and their in-house counsel to understand – well in advance of trial – which arguments will be off the table in this particular court.”
Michael makes the case that the immediate effect of the order is a substantial saving of time and expense in cases since it will no longer be required to prepare extensive lists of potential limine subjects. He also discusses a second benefit which is that parties will know up front that certain arguments will not be permitted at trial.
Michael’s practice is focused on complex commercial and patent litigation in federal court. He has appeared as counsel of record in over 900 civil cases in the Eastern District of Texas and served as chairman of the Eastern District’s Local Rules Advisory Committee from 2000-2009. He also maintains the Eastern District of Texas Federal Court Practice weblog, tracking Eastern District news and caselaw. He has edited O’Connor’s Federal Rules * Civil Trials since 1998.
Read the full article here.