Judge Carol Sandra Moore Wells
Individual Rules, Standing Orders & Policies
Limits & Logistics
Courtesy Copies
All filings
- Email • Encouraged
Brief
- 1 copy
Motion
Communication
Phone
Chambers
Document Format Requirements1 rule
Counsel shall present to the Court, in a loose-leaf binder, a list and copy of all exhibits before trial.
- Exhibits
Formatting
- •Use a loose-leaf binder for exhibit submissions to the Court before trial
Document Filing Requirements31 rules
Expert disclosure required as soon as known, no later than end of discovery period.
- Document
- Expert disclosure
Must include
- •Identity of experts
Court's wording
Disclosure of the identity of experts who are to testify at trial is required as soon as they are known to the respective parties and no later than the end of the discovery period. In complex cases, Judge Wells may lengthen the time permitted for expert discovery.
Expert reports should be exchanged on or before the dates set by the Scheduling Order.
Scheduling Order requires filing lists of exhibits, witnesses with summaries, legal memoranda, and jury instructions requests.
Must include
- •Exhibit list
- •Jury instructions requests
Court's wording
The judge also requires counsel to comply with the rules set forth in her Scheduling Order, which at a minimum, requires counsel, on a specific date, to file with the Clerk and serve on opposing counsel: (a) a list of all exhibits to be used at trial; (b) a list of all witnesses to be called at trial, as well as a brief summary of each witness testimony; (c) memoranda of law on all legal and evidentiary issues expected to arise at trial; and (d) requests for instructions to the jury.
Short form pretrial memorandum required under Local Rule 21(c) with stipulation of uncontested facts.
- Document
- Pretrial memorandum
Must include
- •Short form
- •Stipulation of uncontested facts
Court's wording
Unless specifically provided for by a separate order, Judge Wells requires counsel to use the short form pretrial memorandum described in Local Rule of Civil Procedure 21(c). A stipulation of uncontested facts, as set forth in Local Rule 21 (d)2(b)(2)(A)-(E) should accompany this memorandum.
(b) a list of all witnesses to be called at trial, as well as a brief summary of each witness testimony;
(a) a list of all exhibits to be used at trial;
Include
- •Exhibit list
(c) memoranda of law on all legal and evidentiary issues expected to arise at trial;
Unless specifically provided for by a separate order, Judge Wells requires counsel to use the short form pretrial memorandum described in Local Rule of Civil Procedure 21(c).
Each attorney appearing for a party at a settlement conference must have full authority to
(d) requests for instructions to the jury.
Judge Wells requires counsel to submit proposed voir dire questions at the final pretrial conference.
All exhibits must be pre-marked and pre-exchanged prior to trial.
Counsel shall present to the Court, in a loose-leaf binder, a list and copy of all exhibits before trial.
jointly submit a proposed verdict form or proposed special interrogatories to be submitted to the jury.
Judge Wells requires counsel to submit proposed findings of fact and conclusions of law in non- jury cases at the final pretrial conference.
Judge Wells requires counsel to submit proposed findings of fact and conclusions of law in non-jury cases at the final pretrial conference.
- Document
- Non-jury case
Must include
- •Proposed findings of fact
Judge Wells conducts all voir dire in criminal cases; counsel should submit proposed voir dire questions to the court in advance of trial.
All jury verdicts must be unanimous, unless otherwise stipulated by the Court and counsel prior to or during trial.
The parties must seek permission to file supplemental briefs.
A stipulation of uncontested facts, as set forth in Local Rule 21 (d)2(b)(2)(A)-(E) should accompany this memorandum.
Counsel should not submit trial briefs unless requested to do so by the Court.
Judge Wells conducts all voir dire in criminal cases; counsel should submit proposed voir dire questions to the court in advance of trial.
The Court prefers having the opportunity to review all proposed orders prior to any hearing.
Judge Wells looks upon a single attorney representing multiple defendants in one case with disfavor, with the possible exception of the initial appearance.
Judge Wells will ask counsel to stipulate what evidence will go out to the jury. Should counsel be unable to reach a consensus, Judge Wells will determine the issue.
Judge Wells encourages counsel to develop confidentiality agreements, when appropriate. However, she rarely will entertain stipulated confidentiality orders submitted for court approval.
Judge Wells permits depositions of expert witnesses in accordance with the Federal Rules of Civil Procedure.
Judge Wells has no special practices or procedures for arbitration cases, except for an accelerated discovery process.
- Document
- Arbitration
Include
- •Accelerated discovery
The Court prefers having the opportunity to review all proposed orders prior to any hearing.
Judge Wells will, upon request of counsel direct her Deputy Clerk to poll the jury.
- Document
- Jury polling
Include
- •Upon request
Filing & Service rules
Courtesy Copy Requirements
Judge Wells wishes to receive a courtesy copy of any briefs filed in appeal of her decisions.
Judge Wells wishes to receive a courtesy copy of any briefs filed in appeal of her decisions.
Civil cases
Page 9 | Other General
Judge Wells wishes to receive a courtesy copy of any briefs filed in appeal of her decisions.
Judge Wells wishes to receive a courtesy copy of any briefs filed in appeal of her decisions.
Civil cases
Page 9 | Other General
Courtesy copies of motion papers to chambers are encouraged, particularly by electronic delivery.
The delivery of courtesy copies of all motion papers to Judge Wells’ chambers, especially via electronic means, is encouraged.
Civil cases
Page 2 | Chamber Copies of Motion Papers
Courtesy copies of motion papers encouraged, especially electronically.
The delivery of courtesy copies of all motion papers to Judge Wells’ chambers, especially via electronic means, is encouraged.
Civil cases
Page 2 | General Motion Practice
Filing Bundling Requirements
Motions in limine should be bundled with the final pretrial memorandum and are usually addressed at the final pretrial conference.
Motions in limine should be filed with a party’s final pretrial memorandum and will usually be ruled upon at the final pretrial conference, unless it is appropriate to defer a ruling until some time during the trial.
Civil cases
Page 5 | Motions in Limine
Pre-Motion Conference Requirements
Pretrial conferences not generally conducted in criminal cases but available upon request.
Judge Wells does not generally conduct pretrial conferences in criminal cases, but will do so, upon request of counsel.
Civil cases
Pretrial conferences in criminal cases are generally not held, but may be conducted if counsel requests one.
Judge Wells does not generally conduct pretrial conferences in criminal cases, but will do so, upon request of counsel.
Civil cases
Page 8 | Pretrial Conferences and Motions
Adjournment & Extension Requirements
When counsel conflicts affect the trial schedule, counsel must file a written request for a joint telephone conference.
If a conflict of counsel will affect the trial schedule, Judge Wells requires that counsel file a written request for a joint telephone conference in order to resolve the issue.
Civil cases
Page 5 | Trial Procedure
Continuance or extension requests should be made promptly once needed and early enough for scheduling.
However, she expects such a request to be made as soon as the need becomes apparent and sufficiently in advance for the court to schedule a matter.
Civil cases
Page 2 | Requests for Extensions and Continuances
A contested request for a continuance or extension of a court-ordered deadline should be in a letter (faxed to chambers) or requested via formal motion.
A contested request for a continuance or extension of a court-ordered deadline should be in a letter (faxed to chambers) or requested via formal motion.
Civil cases
Page 2 | Requests for Extensions and Continuances
Flexible with continuances early in litigation, strict near trial.
Judge Wells’ general policy on continuances for briefing schedules, oral arguments, evidentiary hearings, and discovery deadlines is to be flexible during the initial stages of litigation, but strict as the trial date approaches.
Civil cases
Page 2 | Continuances and Extensions
No fixed minimum advance notice period is imposed for continuance or extension requests.
Judge Wells does not impose any specific requirement as to how far in advance of a scheduled event counsel must request a continuance or extension.
Civil cases
Page 2 | Requests for Extensions and Continuances
Joint continuance or extension requests may be submitted by letter or conference call.
A joint continuance or extension request of the parties may be made by letter or conference call.
Civil cases
Page 2 | Requests for Extensions and Continuances
No specific advance notice required for continuance requests.
Judge Wells does not impose any specific requirement as to how far in advance of a scheduled event counsel must request a continuance or extension. However, she expects such a request to be made as soon as the need becomes apparent and sufficiently in advance for the court to schedule a matter.
Civil cases
Page 2 | Continuances and Extensions
Chambers Communication Rules
However, her law clerks should never be contacted regarding substantive matters, including the merits of pending matters.
However, her law clerks should never be contacted regarding substantive matters, including the merits of pending matters.
Civil cases
Page 1 | Communication with Law Clerks
A contested request for a continuance or extension of a court-ordered deadline should be in a letter (faxed to chambers) or requested via formal motion.
A contested request for a continuance or extension of a court-ordered deadline should be in a letter (faxed to chambers) or requested via formal motion.
Civil cases
Page 2 | Continuances and Extensions
Attorneys must be present or available by telephone unless excused.
present or available by telephone, unless expressly excused by her prior to the conference.
Civil cases
Page 4 | General Approach to Settlement and Non-jury Cases
Counsel must be present for first hour of jury deliberations, then available by phone.
Judge Wells requires counsel to spend the first hour of jury deliberations in or near the courthouse. Thereafter, counsel will be permitted to leave, provided they are available by phone or remain in close proximity to the courthouse.
Civil cases
Parties and counsel prohibited from reviewing pretrial service recommendations.
No party or their counsel may review pretrial service's recommendations regarding detention or release.
Civil cases
Counsel must attend all duty week proceedings.
Counsel must be present at all duty week proceedings.
Civil cases
Cell phone numbers should be provided to her Deputy Clerk.
Cell phone numbers should be provided to her Deputy Clerk.
Civil cases
Counsel must coordinate conference timing and call chambers only after all parties are already on the line.
It is the responsibility of counsel to arrange mutually agreeable times for such conferences and to call chambers once counsel for all parties are on the line.
Civil cases
Page 1 | Telephone Conferences
Law clerks may be contacted for procedural matters only, not substantive issues.
Judge Wells permits counsel to speak directly with her law clerks on procedural matters. However, her law clerks should never be contacted regarding substantive matters, including the merits of pending matters.
Civil cases
Page 1 | Communication with Law Clerks
Judge Wells expects opposing counsel to attempt to resolve disputes prior to bringing them to her attention, pursuant to Local Rule 26.1(f).
Judge Wells expects opposing counsel to attempt to resolve disputes prior to bringing them to her attention, pursuant to Local Rule 26.1(f).
Civil cases
Page 2 | Pretrial Conferences
Permission required to file supplemental briefs after unsuccessful conference.
If a telephone conference does not resolve an issue, Judge Wells may instruct the parties to file briefs. The parties must seek permission to file supplemental briefs.
Civil cases
Page 2 | General Motion Practice
If this is not possible, counsel should request a telephone conference by letter or initiate a joint telephone conference call. It should be noted that a telephone conference is not encouraged if pro se are litigants involved.
If this is not possible, counsel should request a telephone conference by letter or initiate a joint telephone conference call. It should be noted that a telephone conference is not encouraged if pro se are litigants involved.
Civil cases
Page 3 | Discovery Conferences and Dispute Resolution
Thereafter, counsel will be permitted to leave, provided they are available by phone or remain in close proximity to the courthouse. Cell phone numbers should be provided to her Deputy Clerk.
Thereafter, counsel will be permitted to leave, provided they are available by phone or remain in close proximity to the courthouse. Cell phone numbers should be provided to her Deputy Clerk.
Civil cases
Page 7 | Availability of Counsel during Jury Deliberations
Jurors may be interviewed after civil verdict with restrictions on questioning.
After a civil verdict is taken, Judge Wells will permit jurors to be interviewed should they elect to participate, and with the admonition that counsel not inquire about specific votes.
Civil cases
Counsel may communicate directly with law clerks on procedural matters.
Judge Wells permits counsel to speak directly with her law clerks on procedural matters.
Civil cases
Page 1 | Communication with Law Clerks
Joint telephonic conferences are encouraged when counsel cannot appear in person or when urgency exists.
However, when counsel cannot be present, or when time is of the essence, she encourages joint telephonic conferences.
Civil cases
Page 1 | Telephone Conferences
Oral arguments and hearings scheduled by Deputy Clerk based on counsel availability.
Judge Wells does not set aside any special days or times for oral arguments or evidentiary hearings. These matters are scheduled by her Deputy Clerk who will attempt to accommodate counsel’s schedules.
Civil cases
Page 1 | Oral Arguments and Evidentiary Hearings
Chambers conferences preferred; telephonic conferences allowed when necessary.
Judge Wells prefers to hold conferences in chambers. However, when counsel cannot be present, or when time is of the essence, she encourages joint telephonic conferences. It is the responsibility of counsel to arrange mutually agreeable times for such conferences and to call chambers once counsel for all parties are on the line.
Civil cases
Page 1 | Telephone Conferences
Counsel may correspond with the Court on all matters, but disputes are preferably handled through joint telephone conferences.
Judge Wells permits correspondence from counsel on all matters, but prefers to resolve disputes via joint telephone conference.
Civil cases
Page 1 | Correspondence with the Court
Judge Wells prefers joint telephone conferences over correspondence for dispute resolution.
Judge Wells permits correspondence from counsel on all matters, but prefers to resolve disputes via joint telephone conference.
Civil cases
Page 1 | Correspondence with the Court
Oral arguments scheduled if helpful; counsel should request if vital.
Judge Wells will schedule oral arguments on a motion if it appears likely to be helpful to the Court. One or all counsel should request oral argument if they consider it vital to a fair disposition of the issues before the Court.
Civil cases
Page 2 | General Motion Practice
Pretrial/status conferences scheduled promptly upon case referral.
Judge Wells regularly conducts pretrial/status and settlement conferences in cases pending before her. Pretrial/status conferences, where appropriate, are scheduled promptly upon referral of the case to Judge Wells. The standard agenda for such conferences tracks Federal Rules.
Civil cases
Page 2 | Pretrial Conferences
Joint continuance requests can be made by letter or conference call.
A joint continuance or extension request of the parties may be made by letter or conference call.
Civil cases
Page 2 | Continuances and Extensions
Discovery disputes should be resolved without court intervention; telephone conferences discouraged if pro se litigants involved.
Judge Wells expects the parties to resolve most discovery disputes without court intervention, per Local Rule 26.1(f). If this is not possible, counsel should request a telephone conference by letter or initiate a joint telephone conference call. It should be noted that a telephone conference is not encouraged if pro se are litigants involved.
Civil cases
Page 3 | Discovery Conferences and Dispute Resolution
Settlement conferences conducted upon request, referral, or sua sponte; actively encourages settlement.
Judge Wells conducts settlement conferences upon request of all parties, upon referral from a District Court Judge, or sua sponte. She actively encourages settlement and makes herself available for in-depth settlement discussions in referred cases.
Civil cases
Page 3 | General Approach to Settlement and Non-jury Cases
Judge Wells assigns a date certain for trial, after consulting with counsel. Counsel should be prepared during any pretrial conference and/or settlement conference to advise the judge as to when discovery and expert reports are expected to be complete.
Judge Wells assigns a date certain for trial, after consulting with counsel. Counsel should be prepared during any pretrial conference and/or settlement conference to advise the judge as to when discovery and expert reports are expected to be complete.
Civil cases
Page 4 | Scheduling of Cases
In-depth settlement negotiations in non-jury cases referred to another Magistrate Judge.
In non-jury cases where the parties have consented to trial before Judge Wells, she will refer in- depth settlement negotiations to another Magistrate Judge.
Civil cases
Page 4 | Referral of Settlement Negotiations to Another Judge
Trial de novo after arbitration triggers prompt status conference for settlement/trial scheduling.
When a demand for trial de novo is filed after arbitration, Judge Wells promptly schedules a status conference to explore the possibility of settlement and/or schedule a prompt, but mutually convenient trial date.
Civil cases
Page 4 | Scheduling of Trial De Novo from Arbitration
Junior Lawyer Participation Incentives
Only one attorney may examine witnesses; multiple attorneys may argue motions.
Judge Wells will permit only one attorney to examine a witness, but will allow more than one attorney to argue motions before the Court.
Civil cases
Page 6
Oral argument and motions encouraged in criminal cases.
Judge Wells encourages oral argument or motions in criminal cases.
Civil cases