Judge Roy Payne
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Courtesy copies
- Upon request
Page & Word Limits1 rule
Motions to extend page limits will only be granted in exceptional circumstances. Exceptional circumstances require more than agreement among the parties.
Document Filing Requirements12 rules
Parties must cross-reference jury list with mock jury participants and notify court.
Upon receipt of any jury list, the party or parties who commissioned the study shall immediately cross-reference the jury list with the identities of the . participants and advise all other parties to the case and the court of any prospective juror who participated in any study.
DocumentJury List Cross Reference
Before jury selection, the party or parties who commissioned the study shall provide the names and addresses of all participants in the study to the court in camera.
DocumentMock Jury Participant List
Motions shall comply with Local Rule CV-56 and Local Rule CV-7.
DocumentMotion
If a juror questionnaire is to be used, an editable (in Microsoft Word Selection format) questionnaire shall be jointly submitted to the Deputy Clerk in Charge by this date.
DocumentJuror Questionnaire
Notice required for daily transcript or real-time reporting requests.
If a daily transcript or real time reporting of court proceedings is requested for trial, the party or parties making said request shall file a notice with the Court and e-mail the Court Reporter, Shawn McRoberts, at shawn_mcroberts@txed.uscourts.gov.
DocumentNotice
Depositions must be edited to exclude unnecessary, repetitious, and irrelevant testimony.
All depositions to be read into evidence as part of the parties’ case-in-chief shall be EDITED so as to exclude all unnecessary, repetitious, and irrelevant testimony; ONLY those portions which are relevant to the issues in controversy shall be read into evidence.
DocumentDeposition
Parties must meet and confer on motions in limine and report agreements 3 business days before pretrial conference.
The parties are ordered to meet and confer on any outstanding objections or motions in limine. The parties shall advise the Court of any agreements reached no later than 1:00 p.m. three (3) business days before the pretrial conference.
DocumentNotice
All parties must appear in person at trial; non-individual parties must have designated representative.
All parties must appear in person at trial. All non-individual (including but not limited to corporate) parties must appear at trial through the presence in person of a designated representative. Once they have appeared, any representative of a non-individual party shall not be replaced or substituted without express leave of Court.
DocumentTrial Appearance
In addition, briefing filed before the court shall include the following: a. A statement of the exact issues presented for review, set forth in separate numbered paragraphs. b. A statement of the case. This statement should indicate, briefly, the course of the proceeding and its disposition at the administrative level and should set forth a general statement of the facts. This statement of the facts shall include plaintiff’s age, education, and work experience; an outline of the medical evidence; and a brief summary of other evidence of record. Each statement of fact shall be supported by a reference to the page in the record where the evidence may be found. c. An argument. The argument may be preceded by a summary. The argument shall be divided into sections separately treating each issue and must set forth the contentions of the party with respect to the issues presented and reasons therefor. Each contention must be supported by specific reference to the portion of the record relied upon and by citations to statutes, regulations, and cases supporting the party’s positions. Cases from other districts and circuits should be cited only in conjunction with relevant cases from this jurisdiction or if authority on point from this jurisdiction does not exist. Citations to unreported district court opinions must be accompanied by a copy of the opinion. If plaintiff has moved for remand to the Secretary for further proceedings, the argument in support thereof must set forth good cause for remand. d. A short conclusion stating the relief sought. The issues before the court are limited to the exact issues properly raised in the briefs.
DocumentBrief
All letter briefs, unless specifically directed otherwise by a case-specific order, are to be submitted without attachments.
DocumentLetter Brief
Motions in limine limited to issues that cannot be cured by jury instructions.
The parties shall limit their motions in limine to issues that if improperly introduced at trial would be so prejudicial that the Court could not alleviate the prejudice by giving appropriate instructions to the jury.
DocumentMotion In Limine
Parties must notify court in writing at least 10 days before pre-trial conference if mock jury study conducted.
That is cases in which such a study has been conducted, the following procedures shall apply: The party or parties who commission the study shall retain, to the extent practicable, the name and address of each participant in the study. If the case is not disposed of by settlement or otherwise, the court, in writing, that such a study occurred. Such notice shall be provided at least ten (10) days before the pre-trial conference.
DocumentMock Jury Study Notification
Filing & Service rules
Electronic Filing Rules
The letter brief should be addressed to either United States District Judge Rodney Gilstrap or United States Magistrate Judge Roy S. Payne, as appropriate, and filed electronically by attaching the letter brief as an Exhibit to a Notice of Compliance referencing the order that directed the submission of the . letter brief.
The letter brief should be addressed to either United States District Judge Rodney Gilstrap or United States Magistrate Judge Roy S. Payne, as appropriate, and filed electronically by attaching the letter brief as an Exhibit to a Notice of Compliance referencing the order that directed the submission of the . letter brief.
Civil cases
Page 1 | STANDING ORDER REGARDING SUBMISSION OF LETTER BRIEFS
Courtesy Copy Requirements
Courtesy paper copies are not required unless specifically requested by the judge.
the parties are exempt from complying with Local Rule CV-5(a)(9) which requires the filing party to provide the presiding judge with paper copies of all electronically-filed documents over five pages in length. IT IS ORDERED that courtesy paper copies shall only be filed when specifically requested by the undersigned.
Civil cases
Page 1 | EXEMPTION ORDER TO LOCAL RULE CV-5(a)(9)
Sealing & Redaction Procedures
Documents designated as 'Confidential' by producing party are Protected Documents entitled to confidential treatment.
Documents or discovery responses containing Confidential Information disclosed or produced by any party in this litigation are referred to as “Protected Documents.” Except as otherwise indicated below, all documents or discovery responses designated by the producing party as “Confidential” and which are disclosed or produced to the attorney’s for the other parties to this litigation are Protected Documents and are entitled to confidential treatment as described below.
Civil cases
Page 1 | STANDARD PROTECTIVE ORDER
Challenging confidential designation requires written notice and certification, with 10-day deadline to file motion.
At any time after the delivery of Protected Documents, counsel for the party or parties receiving the Protected Documents may challenge the Confidential designation of all or any portion thereof by providing written notice thereof to counsel for the party disclosing or producing the Protected Documents. If the parties are unable to agree as to whether the confidential designation of discovery material is appropriate, the party or parties receiving the Protected Documents shall certify to the Court that the parties cannot reach an agreement as to the confidential nature of all or a portion of the Protected Documents. Thereafter, the party or parties disclosing or producing the Protected Documents shall have ten (10) days from the date of certification to file a motion for protective order with regard to any Protected Documents in dispute.
Civil cases
Page 2 | STANDARD PROTECTIVE ORDER
Exemptions from Protected Document status include published materials and government submissions.
Protected Documents shall not include (a) advertising materials, (b) materials that on their face show that they have been published to the general public, or (c) documents that have submitted to any governmental entity without request for confidential treatment.
Civil cases
Page 2 | STANDARD PROTECTIVE ORDER
Filing Bundling Requirements
Mock jury studies discouraged in the same division where case is pending.
That in all cases assigned to United States District Judge Rodney Gilstrap or United States Magistrate Judge Roy S. Payne, the Court strongly discourages the parties from conducting mock jury trials, focus groups, or other similar studies in which any mock jurors or similar participants reside in the division where the case is pending.
Page 1 | STANDING ORDER REGARDING MOCK JURIES
Pre-Motion Conference Requirements
Motions to compel discovery require good faith conference first.
The Court will refuse to entertain any motion to compel discovery filed after the date of this Order unless the movant advises the Court within the body of the motion that counsel for the parties have first conferred in a good faith attempt to resolve the matter. See Eastern District of Texas Local Rule CV-7(h).
Civil cases
Page 4 | ADDITIONAL REQUIREMENTS
Adjournment & Extension Requirements
Certain circumstances do not justify continuances or discovery deadline failures.
The following will not warrant a continuance nor justify a failure to comply with the discovery deadline: (a) The fact that there are motions for summary judgment or motions to dismiss pending; (b) The fact that one or more of the attorneys is set for trial in another court on the same day, unless the other setting was made prior to the date of this order or was made as a special provision for the parties in the other case; (c) The failure to complete discovery prior to trial, unless the parties can demonstrate that it was impossible to complete discovery despite their good faith effort to do so.
Civil cases
Page 4 | ADDITIONAL REQUIREMENTS