Judge Latosha Lewis Payne
Individual Rules, Standing Orders & Policies
Limits & Logistics
Courtesy Copies
Courtesy copies
- 1 copy
Motion, Response, Exhibits
- Never Delivered
Adjournments
- The Court will generally allow one continuance; a first or second request must be filed 24 hours before docket call, other requests require a hearing, and an reasonable explanation is required.
Communication
Phone
Clerk
Phone
Court-widePage & Word Limits1 rule
Motions requiring more than 30 minutes should request a special setting.
Document Format Requirements2 rules
Drafts of proposed jury charges should be a valid prior to the pretrial conference. Parties should email or bring a d drive with proposed charge in Word format to the court coordinator Justin Fitzgerald.
- File type
- Word
- Proposed jury charge
Formatting
- •Delete or provide thumb drive to court coordinator in Word format
Use numbers for the exhibits, not letters. Have a list prepared for the Court and another for the court reporter. Additionally, parties should provide a hard copy of the court for the court reporter's the record.
- Exhibits
Formatting
- •Exhibits must be numbered, not lettered
Document Filing Requirements17 rules
All motions and responses must include a proposed order.
- Document
- Motion
Must include
- •Proposed order
Default judgment motions require an oral hearing, proof of service of the hearing notice, a certificate of last known address, and a non-military service affidavit.
- Document
- Default judgment motion
Must include
- •Certificate of service
Court's wording
All motions for default are heard in an oral hearing only. Default motions are heard at 9:30 a.m. (with live testimony) and 9:45 a.m. (all others) on Monday. A certificate of service providing proof of service of the notice of hearing on the default on non-movant(s) must be attached to all Default motions. A separate certificate of last known address and a proper non-military service affidavit must be attached to the motion. A non-military verification may be obtained by visiting the Defense Manpower Data Center’s (DMDC) Military Verification service at https://scra.dmdc.osd.mil.
Discovery motions and discovery hearing requests must include a certificate stating a reasonable effort to resolve the dispute was made and failed.
Court's wording
The Court requires compliance with Texas Rule of Civil Procedure 191.2, which states as follows: “Parties and their attorneys are expected to cooperate in discovery and to make any agreements reasonably necessary for the efficient disposition of the case. All discovery motions or requests for hearings relating to discovery must contain a certificate by the party filing the motion or request that a reasonable effort has been made to resolve the dispute without the necessity or Court intervention and the effort failed."
A detailed certificate of conference is required for all motions except enumerated types; noncompliance may cause the court to pass the hearing.
- Document
- Motion
Must include
- •Certificate of conference
Court's wording
You must confer with opposing counsel prior to filing all motions and include a detailed certificate of conference, with the following exceptions: motions for default judgments, motions for summary judgment, motions to dismiss, plea to jurisdiction, motions to transfer venue, motions for voluntary dismissal/ nonsuits, post-verdict motions, special appearances, and motions involving service of process. Failure to comply may result in the Court passing the hearing.
Vague statements about unreturned calls or unanswered letters do not satisfy the certificate of conference requirement.
Court's wording
The Court does not consider the following statements, or the like, to comply with the Rule: “Sent a letter…did not get a response” “Left a message…don’t know if the other side agrees or disagrees.” “The other side won’t return my phone calls.” “I have attempted to resolve this matter by agreement but was unable to do so.”
Certificates of conference must detail the movant's resolution efforts, describe attempts to communicate when opposing counsel could not be reached, and be supplemented after actual conferrence.
Court's wording
The certificate of conference should include a detailed statement of the movant's efforts to resolve the issues in the motion with opposing counsel/party prior to filing the motion. If a party was unable to reach the other side prior to filing the motion, the certificate should state the efforts to communicate with that party, and should always be supplemented as soon as possible after the parties have actually conferred and before the hearing on the motion.
For withdrawing from a corporate client, the notice must state the corporation cannot proceed pro se and after 30 days may face default or dismissal.
Court's wording
In addition to the items listed above, if the client is a corporation, the attorney must notify the client that the corporation cannot proceed pro se and that if the corporation has not obtained new counsel within 30 days a default judgment may be entered against it if a defendant, or its claims dismissed if a plaintiff.
In the event that you are unable to secure a hearing date as soon as necessary on the Court's regular oral hearing docket, or if you require a special setting, please file a letter with the Court, and serve it on all parties, requesting a special setting with alternative dates that are convenient for all parties and the date by which you are requesting the matter be heard by the Court. Please send a courtesy copy of the letter to the Clerk who will then give it to the judge for review.
Severances The party requesting the severance must specifically list all pleadings to be included in the severance order to be transferred to the new file.
Sanctions should not be requested unless the opponent has violated a previous order and engaged in particularly egregious behavior.
Motions in Limine should be specific to the case. Do not duplicate items in your motions in limine. Your motion should be limited to only those items specific to the facts and circumstances in your case.
All discovery motions should specify each specific discovery response at issue and include a copy of the response(s) at issue as sub-documents when or state verbatim as a request and answer in the body of your motion.
Proposed orders should list each discovery issue separately so that the court may sign an order granting or denying the requested relief.
- Document
- Discovery motion
Should include
- •Proposed order
Motions for substituted service are submitted to the Court for consideration without the need for a hearing. The motion should include an affidavit (a) detailing all efforts taken to verify that the defendant actually lives or works at the subject address, (b) multiple attempts of service at different times of day with the specific dates and times, (c) the identity of person(s) present at the subject address and what was said, (d) the identity of the owners of any cars in the driveway or other indications that defendant resides at the subject address; (e) in the proper circumstances, whether the technology actually belongs to the defendant and whether the defendant regularly uses or recently used the technology. Motions should include the attached form order for substituted service.
Your requests to the court should be made in a written motion.
A motion to withdraw that leaves a pro-se client must include a notice of the hearings, factual statement of circumstances, the counsel certification with client contact information, a detailed client letter, and the client's acceptance or proof of consent.
Court's wording
Before consideration of a motion to withdraw that will leave a client as self-represented, the following must be processed file: Notice of hearing or submission. A statement of the particular circumstances and disciplinary rules requiring withdrawal. A general statement of “irreconcilable conflicts” is not enough. A certificate by the counsel of record of the client's name, address, and telephone number, a expertise that information is current or was last known to be current along with email details. A copy letter informing the client of the fact of withdrawal, that the client is covered by the Texas Rules, that notices to the client's present address will be deemed, that no continuances will be granted to assist new counsel, and the hearing or submission date. Association the notices. Of the attorney giving the client notice theories, that all notices from the Court to the client address will be considered, no extensionerners will be granted to the client, and the motion's hearing or submission date. A signed acceptance if the client has agreed; and if the client has not agreed, proof of service of the letter.
Motions for service by publication must comply with TRCP 109, 116, and 117, include an affidavit describing stated conditions, and use the form order.
Court's wording
Motions for service by publication must be in strict compliance with Texas Rule of Civil Procedure 109, 116 and 117. The motion should coordinates with an affidavit purposes (a) side of the steps trying to verify that the residence of of the defendant is unknown to the affiant and/or that the situation squads and the defendants are; or specific situation requires Horse; (b) attempts to locate the disclosure or the defendant is absent from or is a non-resident of the State; and (c) related to the nonresident, that the party has attempted to obtain personal service of any nonresidentalion the defendant as described at Rule 108 but has been able to do so do; may move on as included and the form order service of substitute.
Filing & Service rules
Electronic Filing Rules
If only one side feels it is an emergency, e-file a motion for emergency/expedited hearing. Please send a courtesy copy directly to the Clerk who will then give it to the judge to review and set an expedited hearing or provide further guidance to the parties, as appropriate.
If only one side feels it is an emergency, e-file a motion for emergency/expedited hearing. Please send a courtesy copy directly to the Clerk who will then give it to the judge to review and set an expedited hearing or provide further guidance to the parties, as appropriate.
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Filing Timing and Cure Windows
The parties should exchange motions in limine, exhibit lists, witness lists, deposition excerpts and any objections thereto at least five (5) days prior to the assigned trial. Discuss the matters among yourselves and attempt agreements.
The parties should exchange motions in limine, exhibit lists, witness lists, deposition excerpts and any objections thereto at least five (5) days prior to the assigned trial. Discuss the matters among yourselves and attempt agreements.
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Motions to exclude experts must be filed and set for hearing at least 30 days before trial.
All motions to exclude experts should be filed AND set for hearing well in advance of trial (at least 30 days). Do not wait until the eve of or morning of trial to file your motion.
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Motions placed on the submission docket must be noticed for submission at least 10 days from filing, or the hearing will be passed.
Motions set for submission must be noticed for submission at least ten (10) days from filing, except on leave of the Court. Submission hearings set without timely notice will result in the Court passing the hearing.
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Responses must be filed at least 24 hours before the hearing or they may be treated as no opposition.
All responses should be filed at least 24 hours before the hearing unless otherwise required at a different time under the Texas Rules of Civil Procedure. The failure to file a written response prior to the hearing or submission date may be considered a representation of no opposition.
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Parties should brief or bring cases on unusual legal and evidentiary issues before the pretrial conference.
Please brief and/or bring cases on unusual legal and evidentiary issues before the pretrial conference.
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Service and Proof of Service Rules
After obtain a hearing date, a notice of oral hearing must be filed and served, providing five written days' notice, or the hearing will be passed.
Once you call the Clerk and obtain a hearing date, please file a notice of oral hearing and serve it on all parties. The Court requires at least five (5) days written notice to all parties, unless otherwise shortened by the Court, agreed to by all parties, or the Texas Rules of Civil Procedure require different deadlines. The failure to file a notice of hearing will result in the Court passing the hearing.
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Pro se litigants must send a copy of every pleading filed with the court to the opposing party or their attorney.
You must send a copy of every pleading you file with the court to the opposing attorney, or party (if they do not have an attorney).
Page 1 | Information For Pro-Se Litigants
Courtesy Copy Requirements
Please send a courtesy copy directly to the Clerk who will then give it to the judge to review and set an expedited hearing or provide further guidance to the parties, as appropriate.
Please send a courtesy copy directly to the Clerk who will then give it to the judge to review and set an expedited hearing or provide further guidance to the parties, as appropriate.
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In an effort to reduce paper usage, please do not submit courtesy copies of any motion or response. Also, the Court does not need copies of exhibits.
In an effort to reduce paper usage, please do not submit courtesy copies of any motion or response. Also, the Court does not need copies of exhibits.
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Sealing & Redaction Procedures
Confidential information (such as reasons for withdrawal) may be filed under seal.
Matters which are confidential may be filed under seal.
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Pre-Motion Conference Requirements
Failure to actually confer or adequately explain unsuccessful attempts may result in the motion being removed from the docket.
Failure to actually confer with the other side or adequately explain why after multiple attempts you were unable to confer before the hearing or submission date may result in your motion being removed from the docket.
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Adjournment & Extension Requirements
The Court will generally allow one continuance; a first or second request must be filed 24 hours before docket call, other requests require a hearing, and an reasonable explanation is required.
Generally, the Court will allow one timeliness continuance. First or second requests for continuance must be filed early but in any sense at least 24 hours before the docket call, and will be considered at or before the docket call. A hearing prior to the docket call will be required on any request for additional continuances after the first or second request thereafter. The Court requires a reasonable explanation that takes into account the current age and status of the case and whether opposing party is prejudiced by further delay.
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Once trial docket call occurs, continuances will only be granted for extraordinary circumstances.
NO CONTINUANCES WILL BE GRANTED after Docket Call and once or twice a case is assigned for the trial unless in extraordinary circumstances that could not have been anticipated by the parties.
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Chambers Communication Rules
Pro se litigants may not communicate privately with the judge (ex parte); such communications are returned unread and the other side is notified.
Do not attempt to communicate privately with the judge. The term "communication" includes contact by means of phone calls, letters, voice mail messages, faxes, e-mail messages, and direct conversations. You may communicate with the judge if all parties and their attorneys (if they are represented) are present. Any such unilateral contact is called "ex parte" communication and the district judge will not considered it for any information or argument offered in such a manner for any purpose. The court will return an ex parte communication to you unread and notify the other side of the communication. Prohibited communications do not include formal pleadings, motions, and request for relief filed with the clerk.
Page 1 | Information For Pro-Se Litigants
Agreed emergency/expedited hearings are arranged by calling the clerk for a phone conference with the judge or a hearing.
If both sides agree to an emergency/expedited hearing, call the Clerk and set up a phone conference with the judge or an oral hearing.
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For temporary injunctions, call the Clerk before the scheduled hearing so scheduling can be confirmed; do not bring witnesses until you have spoken with the Clerk.
Temporary injunctions are set on Friday at 8:30 a.m. Please call the Clerk before the scheduled hearing. It is imperative that we know whether or not you are ready to proceed with the hearing and how long the hearing will take. We may need to reschedule your hearing and extend the TRO until a convenient time for the Court. Do not bring your witnesses to Court until you have spoken to the Clerk.
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Unless it is impractical to do so, all motions involving self-represented individuals should be set for oral hearing with proper notice to all parties. Please contact the Clerk for an assignment of date and time.
Unless it is impractical to do so, all motions involving self-represented individuals should be set for oral hearing with proper notice to all parties. Please contact the Clerk for an assignment of date and time.
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Pro se litigants must keep the court and clerk informed of their current mailing address and telephone number.
It is your responsibility to provide the Court with a current and reliable mailing address and telephone number. Once you file your pleadings in the case, the clerk will notify you by mail of hearings and / or motions. If you move, you must provide your new address and telephone number to the clerk and the court. If you move and you do not get your mail, you may permanently lose important rights.
Page 1 | Information For Pro-Se Litigants