--- title: "Robert E. Payne | KnowJudges" canonical: "https://knowjudges.com/kyj/judge/robert-e-payne" page_type: "judge_profile" updated: "2026-10-09" --- # Robert E. Payne U.S. District Court for the Eastern District of Virginia · Judge ## Profile - Court: U.S. District Court for the Eastern District of Virginia - State: Virginia - Role: Judge - Service status: senior - Last verified: 2026-07-25 ## Summary Official statewide and applicable court procedural guidance applies to this judge. ## Biography ### Professional career - In June 2026, Judge Payne blocked a Virginia law that would have prohibited Immigration and Customs Enforcement officers from wearing masks to conceal their identities - 1992–2007: Judge on the Eastern District of Virginia bench - Judge, District Court, E.D. Virginia, 1992-2007 - Before his judicial career, he served in the U.S. Army Judge Advocate General’s Corps from 1967 to 1971. - Current role: Senior Judge, U.S. District Court for the Eastern District of Virginia ### Education - Washington and Lee University School of Law — J.D. (1967) - Washington and Lee University — B.A. (1963) - Washington and Lee University (B.A., J.D.). ### Additional information - 2007–present: Senior Judge. - 1991–1992: Nominated by President George H. W. Bush to the U.S. District Court for the Eastern District of Virginia; confirmed by the Senate on May 12, 1992. - Private practice, Richmond, VA, 1971-1992 - Private practice, Richmond, Virginia, 1971-1992 - U.S. Army, JAG Corps, 1967-1971 - Robert E. Payne was born May 7, 1941, in Mount Sterling, Kentucky. - Date of birth: 1941-01-01 - Birth place: Mount Sterling, KY ## Before you appear - Read the judge-specific standing order first when one is listed. - Check the docket and case orders for requirements that supersede broader guidance. - Confirm current remote-access and courtroom technology arrangements before the proceeding. ## Courtroom Rules ### presentation procedure Scope: courtwide Courtwide presentation-related guidance applies to this judge. Evidence excerpt: Evidence Presentation System . EVIDENCE PRESENTATION SYSTEMS . The Court’s evidence presentation system allows attorneys to : . [Evidence Presentation System | Eastern District of Virginia | United States District Court](https://www.vaed.uscourts.gov/evidence-presentation-system) Source checked: 2026-07-24 ### civil remote testimony Scope: courtwide In federal district-court civil proceedings, testimony is ordinarily taken in open court; remote contemporaneous testimony requires good cause in compelling circumstances and appropriate safeguards. Evidence excerpt: For good cause in compelling circumstances and with appropriate safeguards, the court may permit testimony in open court by contemporaneous transmission from a different location. [Federal Rule of Civil Procedure 43(a), Testimony in Open Court](https://www.uscourts.gov/forms-rules/current-rules-practice-procedure/federal-rules-civil-procedure) Source checked: 2026-07-26 ### criminal recording and broadcasting Scope: courtwide Federal district courts may not permit courtroom photography or broadcasting during criminal judicial proceedings unless a statute or another federal rule provides an exception. Evidence excerpt: Except as otherwise provided by a statute or these rules, the court must not permit the taking of photographs in the courtroom during judicial proceedings or the broadcasting of judicial proceedings from the courtroom. [Federal Rule of Criminal Procedure 53, Courtroom Photographing and Broadcasting Prohibited](https://www.uscourts.gov/court-records/access-court-proceedings/remote-public-access-proceedings/history-cameras-broadcasting-and-remote-public-access-courts) Source checked: 2026-07-26 ## Sources - [Official profile](https://www.fjc.gov/node/1386181) - [Official roster](https://www.fjc.gov/node/1386181) - [Federal Judicial Center biography](https://www.fjc.gov/node/1386181) - [CourtListener judicial biographical directory](https://www.courtlistener.com/person/2523/robert-e-payne/) - [Evidence Presentation System | Eastern District of Virginia | United States District Court](https://www.vaed.uscourts.gov/evidence-presentation-system) - [Federal Rule of Civil Procedure 43(a), Testimony in Open Court](https://www.uscourts.gov/forms-rules/current-rules-practice-procedure/federal-rules-civil-procedure) - [Federal Rule of Criminal Procedure 53, Courtroom Photographing and Broadcasting Prohibited](https://www.uscourts.gov/court-records/access-court-proceedings/remote-public-access-proceedings/history-cameras-broadcasting-and-remote-public-access-courts) - [CourtListener judicial biographical directory](https://www.courtlistener.com/person/2523/robert-e-payne/) - [Judge Robert E. Payne](https://www.fjc.gov/node/1386181) - [Wikidata: Robert E. Payne](https://www.wikidata.org/wiki/Q7343873) ## JSON-LD ```json { "@context": "https://schema.org", "@graph": [ { "@type": "WebPage", "@id": "https://knowjudges.com/kyj/judge/robert-e-payne", "url": "https://knowjudges.com/kyj/judge/robert-e-payne", "name": "Robert E. Payne | KnowJudges", "description": "Robert E. Payne, U.S. District Court for the Eastern District of Virginia. Source-linked judicial identity, courtroom procedures, and presentation guidance.", "dateModified": "2026-10-09", "isPartOf": { "@id": "https://knowjudges.com/#website" }, "mainEntity": { "@id": "https://knowjudges.com/kyj/judge/robert-e-payne#judge" } }, { "@type": "Person", "@id": "https://knowjudges.com/kyj/judge/robert-e-payne#judge", "name": "Robert E. 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Payne", "item": "https://knowjudges.com/kyj/judge/robert-e-payne" } ] } ] } ``` ## Federal civil docket activity Dataset updated through 2026-06-30. | Period | Assigned cases | Terminated cases | Median disposition (months) | Median sample | | --- | ---: | ---: | ---: | ---: | | 1y | 78 | 5 | Not available | 5 | | 2y | 173 | 59 | 4.6 | 59 | | 5y | 408 | 282 | 5 | 282 | | 10y | 1250 | 1111 | 5.2 | 1111 | Source: https://www.courtlistener.com/recap/ ## Published courtroom rules ### Shared court rules - [Federal Rules of Civil Procedure, December 1, 2025](https://knowjudges.com/courtroom-rules/national-shared-set-651872d6e45e0d82319ecccc) — Civil actions in United States District Courts; Rule 81 exceptions apply. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule. [Official source](https://www.uscourts.gov/sites/default/files/document/federal-rules-of-civil-procedure.pdf). Collected 2026-10-27. - [Federal Rules of Criminal Procedure, December 1, 2025](https://knowjudges.com/courtroom-rules/national-shared-set-8721a344fececced2257fe1d) — Criminal proceedings in United States District Courts; this conservative mapping does not distribute appellate-specific provisions to appellate judges. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule. [Official source](https://www.uscourts.gov/sites/default/files/document/federal-rules-of-criminal-procedure.pdf). Collected 2026-10-27.