State Court Motion in Limine - Texas
MOTION IN LIMINE
| Party | Role |
|---|---|
| [PLAINTIFF NAME] | Plaintiff |
| v. | |
| [DEFENDANT NAME] | Defendant |
Cause No.: [CAUSE NUMBER]
Court: [NUMBER] Judicial District Court of [COUNTY] County, Texas
TO THE HONORABLE JUDGE OF SAID COURT:
[MOVANT NAME] moves for an order directing [OPPOSING PARTY] and counsel to approach the bench and obtain a ruling outside the jury's presence before mentioning or offering the specific matters identified below. Trial is set for [DATE]. The requested direction is limited to the grounds the Court marks granted in the proposed order.
A limine ruling controls how a matter is first presented to the jury; counsel will seek an admissibility ruling and make any timely trial objection required to preserve error. See In re Space Exploration Technologies Corp., No. 24-0290, at 11 (Tex. June 27, 2025); Tex. R. Evid. 103(a)–(b).
Grounds
1. Relevance and unfair prejudice — Rules 401–403
The anticipated matter is [IDENTIFY SPECIFIC EVIDENCE OR ARGUMENT]. It is offered to show [PURPOSE]. It has no tendency to prove a consequential fact because [FACT-SPECIFIC EXPLANATION]. Alternatively, its probative value is substantially outweighed by [IDENTIFY UNFAIR PREJUDICE, CONFUSION, MISLEADING EFFECT, UNDUE DELAY, OR NEEDLESSLY CUMULATIVE PRESENTATION]. Movant requests a bench ruling before the jury hears it.
2. Character or other acts — Rule 404
The anticipated matter is [IDENTIFY ACT OR TRAIT]. It is offered to show conduct in conformity with a character trait on this occasion. [EXPLAIN WHY NO PERMITTED NONCHARACTER PURPOSE APPLIES OR WHY A SPECIFIC RULE 403 DANGER SUBSTANTIALLY OUTWEIGHS ANY PROBATIVE VALUE.] Tex. R. Evid. 404(a)–(b), 403.
3. Subsequent remedial measures — Rule 407
The anticipated measure is [DESCRIBE POST-EVENT CHANGE]. It is offered to prove [NEGLIGENCE / CULPABLE CONDUCT / PRODUCT OR DESIGN DEFECT / NEED FOR WARNING]. [EXPLAIN WHY ANOTHER PURPOSE SUCH AS IMPEACHMENT, OWNERSHIP, CONTROL, OR DISPUTED FEASIBILITY DOES NOT APPLY.] [IF A PRODUCT CASE, ADDRESS WHETHER THE MATTER IS A MANUFACTURER'S WRITTEN DEFECT NOTIFICATION TO A PURCHASER ADMISSIBLE UNDER RULE 407(b).]
4. Compromise negotiations — Rule 408
The anticipated matter is [IDENTIFY OFFER, CONDUCT, OR STATEMENT]. It concerns [IDENTIFY DISPUTED CLAIM] and is offered to prove or disprove [VALIDITY / AMOUNT]. [EXPLAIN WHY ANOTHER PURPOSE, INCLUDING BIAS OR PREJUDICE, IS NOT PRESENTED.] Tex. R. Evid. 408(a)–(b).
5. Liability insurance — Rule 411
The anticipated matter is [IDENTIFY INSURANCE EVIDENCE]. It is offered to prove negligent or wrongful conduct. [EXPLAIN WHY ANOTHER PURPOSE SUCH AS BIAS OR DISPUTED AGENCY, OWNERSHIP, OR CONTROL DOES NOT APPLY.] Tex. R. Evid. 411.
6. Impeachment by conviction — Rule 609
The anticipated conviction is [IDENTIFY CONVICTION, DATE, AND PROOF]. It fails Rule 609 because [EXPLAIN WHETHER IT IS A FELONY OR INVOLVES MORAL TURPITUDE; THE REQUIRED PROBATIVE/PREJUDICIAL BALANCE; AGE OF CONVICTION OR RELEASE; OR OTHER APPLICABLE RULE 609 LIMIT]. Movant requests a ruling before the conviction is mentioned to the jury.
7. Hearsay — Rules 801–802
The anticipated out-of-court statement is [QUOTE OR IDENTIFY STATEMENT AND DECLARANT]. It is offered to prove [MATTER ASSERTED]. [EXPLAIN WHY IT IS HEARSAY UNDER RULE 801(d) AND WHY NO EXCLUSION OR EXCEPTION APPLIES.] Tex. R. Evid. 801–802.
8. Expert opinion — Rule 702
The anticipated opinion is [IDENTIFY EXPERT AND OPINION]. It lacks a reliable basis because [IDENTIFY SPECIFIC GAP BETWEEN METHOD, DATA, AND CONCLUSION], and will not help the factfinder determine [FACT IN ISSUE]. Tex. R. Evid. 702; Helena Chemical Co. v. Cox, No. 20-0881, at 9–11 (Tex. Mar. 3, 2023). [IDENTIFY ANY REQUESTED EVIDENTIARY HEARING OR CASE-SPECIFIC ORDER.]
Prayer
Movant asks the Court to direct [OPPOSING PARTY], counsel, and witnesses to refrain from mentioning the matters on grounds [NUMBERS] before the jury until counsel approaches the bench and obtains a ruling outside the jury's presence. Movant requests the ground-by-ground order below and any further relief supported by the specific grounds shown.
Respectfully submitted,
[LAW FIRM OR ATTORNEY NAME]
By: [SIGNATURE]
[ATTORNEY NAME], State Bar No. [NUMBER]
[ADDRESS]
[PHONE] | [EMAIL]
Counsel for [MOVANT]
Certificate of service
I certify that on [DATE], I served this motion on [IDENTIFY ALL PARTIES OR COUNSEL] by [ELECTRONIC FILING MANAGER / OTHER RULE 21a METHOD IF PERMITTED].
[SIGNATURE]
[NAME]
PROPOSED ORDER ON MOTION IN LIMINE
| Party | Role |
|---|---|
| [PLAINTIFF NAME] | Plaintiff |
| v. | |
| [DEFENDANT NAME] | Defendant |
Cause No.: [CAUSE NUMBER]
Court: [NUMBER] Judicial District Court of [COUNTY] County, Texas
The Court considered [MOVANT]'s Motion in Limine and any response. The Court rules on the numbered grounds as follows:
| Ground | Granted | Denied | Reserved for trial |
|---|---|---|---|
| 1. Relevance / prejudice | ☐ | ☐ | ☐ |
| 2. Character / other acts | ☐ | ☐ | ☐ |
| 3. Subsequent measures | ☐ | ☐ | ☐ |
| 4. Compromise | ☐ | ☐ | ☐ |
| 5. Insurance | ☐ | ☐ | ☐ |
| 6. Conviction | ☐ | ☐ | ☐ |
| 7. Hearsay | ☐ | ☐ | ☐ |
| 8. Expert opinion | ☐ | ☐ | ☐ |
For each ground marked Granted, [OPPOSING PARTY], counsel, and witnesses shall not mention or present the identified matter to the jury without first approaching the bench and obtaining a ruling outside the jury's presence. The specific matters covered are [LIST EACH GRANTED GROUND AND IDENTIFY ITS EVIDENCE]. This order is a limine direction; the Court will decide admissibility when the matter is presented in the proper trial context.
SIGNED on [DATE].
[SIGNATURE OF JUDGE]
Judge Presiding
About this template
- Last updated
- October 12, 2026
- Citations checked
- October 12, 2026
- Jurisdiction
- Texas
- Category
- Litigation & Court Documents
Legal authority
- Tex. R. Evid. 103
- Tex. R. Evid. 401
- Tex. R. Evid. 402
- Tex. R. Evid. 403
- Tex. R. Evid. 404
- Tex. R. Evid. 407
- Tex. R. Evid. 408
- Tex. R. Evid. 411
- Tex. R. Evid. 609
- Tex. R. Evid. 702
- Tex. R. Evid. 801
- Tex. R. Evid. 802
- Tex. R. Civ. P. 21a
These are the filings that drive a lawsuit through the system: complaints, answers, motions, briefs, discovery requests and responses, and post-judgment papers. Each has its own format requirements under federal and state procedural rules, and each has a deadline that cannot be missed without consequences. Clean, procedurally correct filings move a case forward; sloppy ones invite motions to strike, amended responses, and avoidable delays.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 12, 2026.
Tex. R. Evid. 103 (checked October 12, 2026): "A party may claim error in a ruling to admit or exclude evidence only if the error affects a substantial right of the party and: (1) if the ruling admits evidence, a party, on the record: (A) timely objects or moves to strike; and (B) states the specific ground, unless it was apparent from the context. When the court hears a party’s objections outside the presence of the jury and rules that evidence is admissible, a party need not renew an objection to preserve a claim of error for appeal."
Tex. R. Evid. 401 (checked October 12, 2026): "Evidence is relevant if: (a) it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action."
Tex. R. Evid. 402 (checked October 12, 2026): "Relevant evidence is admissible unless any of the following provides otherwise: the United States or Texas Constitution; a statute; these rules; or other rules prescribed under statutory authority. Irrelevant evidence is not admissible."
Tex. R. Evid. 403 (checked October 12, 2026): "The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, or needlessly presenting cumulative evidence."
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