PORTLAND, OR - APRIL 28: Owner Mark Cuban of the Dallas Mavericks  during the game against the the Dallas Mavericks during Game Six of the Western Conference Quarterfinals in the 2011 NBA Playoffs on April 28, 2011 at the Rose Garden Arena in Portland, Oregon. NOTE TO USER: User expressly acknowledges and agrees that, by downloading and or using this photograph, User is consenting to the terms and conditions of the Getty Images License Agreement. Mandatory Copyright Notice: Copyright 2011 NBAE (Photo by Cameron Browne/NBAE via Getty Images)

(credit: Cameron Browne/NBAE via Getty Images)

DALLAS (CBS SPORTS) – Mark Cuban’s lawyers will not be permitted to use additional measures to weed out potential jurors based on pre-trial publicity about the billionaire Dallas Mavericks owner’s insider trading case, a Texas federal judge has ruled.

In a defeat for Cuban ahead of his trial set for Sept. 30 in the U.S. District Court for the Northern District of Texas, U.S. Chief Judge Sidney A. Fitzwater ruled on Tuesday that the normal procedure for quesitoning potential jurors will suffice. Cuban’s attorneys had argued in an Aug. 12 motion that potential jurors should fill out a questionnaire quizzing them on issues such as their familiarity with Cuban and the charges against him. In the absence of a questionnaire, Cuban’s lawyers had asked Fitzwater to allow for an additional 30 minutes of oral jury questioning per side prior to the seating of the jury.

Fitzwater denied the motion, writing in an order: “The court concludes that its usual three-phase process will be sufficient to address the concerns raised in Cuban’s motion.” The third phase of jury questioning, known as voir dire, allows attorneys from either side to request further individual interviewing of potential jurors.

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