IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
STANDING ORDER REGARDING MOCK JURIES FOR CASES
ASSIGNED TO JUDGE RODNEY GILSTRAP AND JUDGE ROY S. PAYNE
WHEREAS: The venire for the trial of civil and criminal cases is drawn from the counties
comprising the particular division for the Eastern District of Texas in which the cases are pending;
and
WHEREAS: The parties to such cases, primarily complex civil cases, routinely conduct
mock trials, focus groups, or similar studies in preparation for the trials of such cases; and
WHEREAS: Participation in such studies increases the risk that otherwise qualified
venire members will be disqualified from jury service either through participation in such studies
or other extrajudicial knowledge concerning the facts of the case or the law to be applied; and
WHEREAS: Such risk threatens the administration of justice.
IT IS THEREFORE ORDERED:
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.
IT IS FURTHER ORDERED:
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 party or parties who commissioned the study shall advise all other parties to the case, as well as
the court, in writing, that such a study occurred. Such notice shall be provided at least ten (10)
days before the pre-trial conference. 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. 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.
This Order shall apply to all cases assigned to either United States District Judge Rodney
Gilstrap or United State Magistrate Judge Roy S. Payne regardless of the division within this
district in which such cases were originally filed.
SIGNED this 19th day of December, 2011.
So ORDERED and SIGNED this 3rd day of February, 2012.
____________________________________
RODNEY GILSTRAP
UNITED STATES DISTRICT JUDGE
