Roy B. Dalton, Jr.
United States District Judge
Born in Jacksonville, Florida in 1952, Judge Dalton was in private practice as a civil trial lawyer from 1977 to 2011 in Orlando, Florida. On May 4, 2011 Judge Dalton was sworn in as a United States District Judge for the Middle District of Florida.
University of Florida, B.A., with high honors, 1974; University of Florida, J.D., 1976
Fellow, American College of Trial Lawyers; Diplomat, American Board of Trial Advocates; Academy of Florida Trial Lawyers (Member, Board of Directors 1984 - 1992); Life Fellow Florida Bar Foundation; The Association of Trial Lawyers of America.
Legal, Judicial, and Civic Activities
Chairman: Judicial Nominating Commission, Fifth District Court of Appeal, 1988-1990; Chairman, Ninth Circuit Florida Bar Grievance Committee, 1991-1993; Chairman, Municipal Planning Board, City of Orlando, 1996-1997. Board of Directors, Gator Boosters, Inc., 1996-2000; Trustee Emeritus, University of Florida College of Law. Member: Civil Rules Committee, 1996-1999; Supreme Court Committee on Standard Jury Instructions, 1994-1999, The Florida Bar. (Board Certified Civil Trial Lawyer, Florida Bar Board of Legal Specialization and Education; Certified as a Civil Trial Advocate by the National Board of Trial Advocacy) "Best Lawyers in America," Woodward/White, Inc.
Litigants and counsel in cases pending before the Court should not contact chambers. All questions regarding cases pending before the Court should be directed to the Courtroom Deputy.
|Jenna M. Winchester
|David J. D'Agata
Official Court Reporter
Cell Phone Policy
Case & Trial Management Preferences
Litigants and witnesses are expected to conduct themselves with reserve and courtesy, and when appearing in Court, must dress appropriately to preserve the dignity of the Court. Proper attire includes, at minimum, shirt and tie for men and similarly appropriate attire for women. No shorts, jeans, polo shirts, or sneakers.
TRIAL MANAGEMENT PREFERENCES
Attorneys are encouraged to be familiar with the Codes of Pretrial and Trial Conduct promulgated by the American College of Trial Lawyers and to conduct themselves accordingly. The Codes can be found here. - Codes of Pretrial and Trial Conduct
The Court will conduct the jury voir dire, giving due consideration to questions proposed by the parties. The Court may permit counsel for each party to briefly supplement the Court's voir dire examination.
The Court will normally be in session from 9:00 a.m. until 5:00 p.m. each day with one hour and fifteen minutes for lunch. However, this schedule may change as circumstances require.
AVAILABILITY DURING TRIAL
During jury trials, please be respectful of my desire to keep the jury busy all day. Each day, I will be available one half hour preceding the arrival of the jury. This is a good time to bring to my attention any problems you expect may arise during the course of the day. It is also a good time to make proffers or otherwise preserve the record. I expect the jury to be in the courtroom listening to evidence and argument the entire day. For those reasons, requests for sidebars are discouraged.
Ten (10) days prior to trial, the parties will exchange a list of those witnesses whom they will definitely call at trial (the "A" list), and a list of those witnesses they may call at trial (the "B" list). By the conclusion of the proceedings each day, the party presenting its case shall advise the opposing party and the Court of those witnesses whom it intends to call the following day.
Ten (10) days prior to trial, the parties shall exchange a list of those exhibits they definitely intend to introduce in evidence at trial (the "A" list), and a list of those exhibits they may seek to introduce at trial (the "B" list). Benchbooks containing the "A" exhibits shall be supplied to the Court (these are the original exhibits which include the appropriate colored exhibit tags stapled to the upper right hand corner of the first page - tags can be found at the bottom of this web-page), for the Judge and Witness Box at the outset of the trial, together with an index and matrix reflecting any objections thereto. The bench and witness sets do not require the exhibits tags however counsel shall use number tabs to tab out the exhibits for quick reference. All exhibits on the "A" list of the presenting party which are not objected to shall be introduced and admitted at the outset of that party's case. All exhibits shall be numbered consecutively, preferably with the "A" list exhibits being numbered first.
To avoid duplication of exhibits and to prevent confusion in the record, the parties are encouraged to submit all stipulated exhibits as joint exhibits in a single list rather than individually marked by each party. For example, if medical records or contract documents are being stipulated into evidence they should be marked as a Joint exhibit and not listed separately by both (all) parties. Each parties individual exhibit list would then include only those additional exhibits to which objections have been asserted with the specific objection noted on the exhibit tag.
Five (5) days prior to trial, the parties shall file with the Court color-coded copies of deposition transcripts (preferably mini-script versions), reflecting, in different highlighted colors, the deposition excerpts designated by each party to be read at trial, with objections noted in the margin. Unresolved objections to videotape depositions shall be submitted to the Court ten (10) days prior to trial.
CASE MANAGEMENT PREFERENCES
Notice of Unavailability of Counsel
The rules of this Court do not provide for filing a Notice of Unavailability as a method to avoid abiding by deadlines and schedules established by the Court or to extend the time for responding to motions. Counsel may notify opposing counsel of his or her unavailability and request that his or her schedule be accommodated. With respect to deadlines for filing documents with the Court, attending hearings, or otherwise, counsel must file a motion for an enlargement of time or a continuance of a hearing or deposition date, as appropriate. It is impractical for the Court to be required to search the docket of each case for notices of unavailability before setting hearings and response deadlines. Accordingly, counsel may not rely upon the filing of the notice as a basis to excuse his or her appearance before the Court as required or to comply with a deadline established by the Court or governing rules of procedures.
The Court will NOT consider, absent extraordinary circumstances, motions or memoranda that are not filed at least 7 business days before sentencing hearing.
The parties are not excused from the status conference unless the plea agreement has been executed, the change of plea hearing has been scheduled, and a notice of cancellation of the status conference has been docketed PRIOR to the status conference date. If a plea is not accepted for whatever reason, if it comes after status conference, counsel are advised that they will need to be prepared to go to trial and not expect the failure of a plea to be grounds for a continuance.
Ordinarily, the Court will enter a scheduling order within 14 days of the filing of the Case Management Report. A preliminary pre-trial conference will not be held unless requested by the parties or deemed necessary by the Court. Preliminary pre-trial conferences are normally conducted by the Magistrate Judge assigned to the case.
Schedule permitting, Judge Dalton normally conducts a final pre-trial conference in each civil case approximately three weeks prior to trial. Motions in limine will be heard at that time. Pre-trial conferences are usually scheduled at 10:00 a.m. on the third Thursday of each month.
Fair Labor Standards Act cases
The court will no longer require the parties to file a case management report. The court will issue a scheduling order after the defendant appears in the case.
The standard form for case management reports is to be used by the parties, and is provided to them by the Court with the Notice of Track designation shortly after the case is filed.
When filing motions electronically with the Clerk, it is not necessary to provide the Judge’s staff with separate “courtesy” copies. If, however, a motion exceeds 25 pages in length (including exhibits and attachments) a courtesy copy is required. It need not be provided simultaneously but should be submitted promptly and may be provided via United States Mail or other reliable delivery service. However, if a motion is filed in open court, a separate copy should be provided to the Judge for his review.
Mediation is required in substantially all cases, and should be completed 4-6 months prior to the scheduled trial date. The parties can stipulate to a mediator in their case management report. If they fail to do so, the Court will appoint a mediator.
A separate order will be issued upon motion for use of cell phones and laptop computers or any other special equipment deemed necessary by the parties. This motion can be filed at the final pre-trial conference.
Witness Rooms: There are witness rooms located at the front of the courtroom.
Courtroom Technology: Counsel are directed to make an appointment with the Courtroom Deputy prior to their trial/hearing to become familiar with the availability, operation and compatibility of the courtroom technology systems, should they wish to utilize it. Failure to do so may result in the equipment not being available for use.
Closing Cases: Counsel shall be advised that the Court will close civil cases for statistical purposes after the entry of a final judgment following a jury verdict, court decision, or stipulation of the parties. This will not effect the disposition of post-trial motions, or the assessment of fees and costs as appropriate.
Case & Trial Management Forms
|Case Management Report||Adobe||Microsoft Word®|
|Case Management Report in Patent Cases||Adobe||Microsoft Word®|
|Interested Persons Order||Adobe||Microsoft Word®|
|Pre-marking of Exhibits||Adobe|
|Notice of Pendency of Related Cases||Adobe||WordPerfect|
Court tags - use white paper
Defendant tags - use yellow paper
Government tags - use blue paper
Joint tags - use green paper
Plaintiff tags - use blue paper
|Jury Questionnaire - Civil||Adobe|
|Jury Questionnaire - Criminal||Adobe|
|Jury Selection Procedure - Civil||Adobe|
|Jury Selection Procedure - Criminal||Adobe|
|Middle District Discovery Handbook||Adobe|