Requirements

=== Requirements === United States Magistrate Judge Stephen R. Welby Courtroom 17S Address 111 S. 10th Street, Suite 17.174 St. Louis, MO 63102 Phone (314) 244-7640 Judicial Assistant Corinne Cohen (314) 244-7511 Case Management Team Kelley Shirley (314) 244-7897 Jacqueline Parker (314) 244-7940 Ashley Nelson (314) 244-7777 ___________________ Law Clerks Laura Leister (314) 244-7481 Kelsey Vujnich (314) 244-7464 Requirements 1. Local and Federal Rules All parties are expected to know and follow the Local Rules of the Eastern District of Missouri, the Federal Rules of Civil and Criminal Procedure, and the Federal Rules of Evidence. 2. Informal Matters I do not have a set time for informal matters, but I am generally available.

Please notify opposing counsel and make sure counsel for each party is available before requesting an in-court or video conference. Most minor, agreed deadline changes can be handled in writing, by filing a motion to extend the deadline and stating that opposing counsel consents. 3. Attorney Admissions I am happy to handle Oaths of Admission of new attorneys.

You may call my chambers to schedule a time for an Oath of Admission. I welcome, but do not require, an admitted attorney to introduce the new attorney. 4. Entry of appearance Unless otherwise permitted by the Local Rules, to represent any party in any case or participate in a case, you must be admitted to practice before this Court, and you must file an entry of appearance.

5. Rule 16 Conferences and Case Management Orders Civil cases are usually set for Rule 16 conferences after all defendants have answered or filed motions in response to the complaint. If for some reason a party believes a conference should be sooner, that party should file a motion. Rule 16 conferences are conducted in person or by video conference.

When a party appears pro se, the Rule 16 conference is held in the courtroom, on the record. Out-of-town counsel may request to participate in an in-person conference by telephone, but must notify chambers ahead of time. At the Rule 16 conference, the parties should be prepared to discuss the facts of the case and all other matters set out in the Rule 16 Order, including settlement. 6.

Proposed Orders Any proposed order or proposed judgment must be filed electronically as a pdf attachment to the motion or memorandum to which it pertains. Additionally, the proposed order or judgment must be emailed to my career law clerk, Laura Leister, at [email protected], in a word processing format. 7. Scheduling and Status Conferences Counsel may request a scheduling or status conference when the need arises by filing a motion so requesting.

8. Discovery Disputes Before a motion to compel is filed, the parties are required to schedule a video conference with the Court and to send the Court a joint summary, no longer than one page, of the issues on which the parties seek the Court’s guidance. If at the conclusion of the conference it is determined that a motion to compel is necessary, the Court will set a briefing schedule. Any motions filed before a video conference is scheduled will be denied without prejudice.

9. Alternative Dispute Resolution (ADR) The Court will refer most civil cases to ADR. Please be prepared to discuss the appropriate timing for referral to mediation at the Rule 16 conference. When setting a date for mediation in the proposed schedule, counsel should consider what discovery they need in order to conduct a meaningful mediation conference.

A list of the court’s neutrals and the Court’s ADR procedures can be found at www.moed.uscourts.gov. Please note that once the case has been referred to ADR, those deadlines are binding and may only be extended by court order. 10. Final Pretrial Conference If your case is still on the docket two weeks prior to the scheduled trial date, you will be contacted by chambers to schedule a final pretrial conference.

Final pretrial conferences are usually held the week prior to the scheduled trial date. Counsel should be prepared to argue any motions in limine, so that a ruling on such motions can be made in advance of trial. 11. Expert Witnesses (a) Be prepared at the Rule 16 conference to discuss the types of expert witnesses who are likely to testify in the case and whether (and when) the names and reports and/or depositions of the experts will be provided.

Parties are allowed to stipulate to different ways of disclosing expert opinions, but in the absence of a stipulation, the provisions of Rule 26 will be applied. (b) Treating health care providers who are testifying as to matters contained in their treatment notes will not be required to prepare reports or provide the other information required by Rule 26(a)(2)(B). In such cases, though, the health care providers will normally be limited to providing opinions that are related to the treatment and disclosed in their notes. In some cases, providers may be required to prepare reports (for example, where the provider is testifying as to causation).

12. Voir Dire/Jury Selection/Jury Instructions (a) Voir Dire: For the most part, attorneys are allowed to conduct the majority of voir dire, but the Court may conduct routine preliminary voir dire questioning. The Court will introduce counsel and briefly state the general nature of the case. Counsel may then inquire into matters relevant to jury selection, but may not ask unnecessary questions in order to establish rapport, ask the jurors to make promises, make speeches, argue the case, or anything else that is not directly designed to elicit relevant information about the potential jurors.

In every case, the Court reserves the right to conduct the entire voir dire. In such cases, counsel will be advised to submit proposed voir dire questions to the Court no later than two business days before trial. Jury Selection: After all questioning has been completed, the panel will be removed from (b) the courtroom, and the Court will immediately request the challenges for cause. No challenges for cause or statements that either the panel or any juror is unacceptable may be made in front of the jury panel.

After for cause challenges to jurors, the parties will make peremptory challenges. Jury Instructions: 8th Circuit Model instructions should be used when possible. If (c) instructions from other sources are proffered, they must be accompanied by case authority. Parties are required to meet and confer regarding jury instructions and whenever possible submit one package of jury instructions to the Court electronically on behalf of all the parties.

Parties shall submit proposed instructions not later than ten days before the final pretrial conference, and any objections to those instructions shall be submitted not later than five days before the final pretrial conference. 13. Courtroom Available Technology: The Court has evidence presentation equipment, including (a) camera, VCR, DVD, monitors, and hook-ups for computer-stored evidence or computer presentation. An explanation on the use of this equipment is available on the Court’s website at www.moed.uscourts.gov under Courtroom Technology.

(b) Decorum: Please stand when the jury enters the courtroom, and at all times when speaking. Also, cell phone usage, eating or drinking (except water), gum chewing, or audible sound makers are not allowed. The use of social media, (for example Facebook, Twitter, etc.) will not be allowed in the courtroom. Telephones: Attorneys may use their telephones in the courtroom only if they can do so (c) in a manner which does not disrupt the court.

14. Trial Procedures Opening statements: Opening statements may include exhibits so long as counsel has (a) consent from opposing counsel and advises the Court in advance. Evidentiary Objections: No evidentiary objections shall be argued in the presence of the (b) jury. Counsel must state the legal basis for the objection in a word (or at most, a phrase) without elaboration or argument (unless called to the bench).

For purposes of “making a record,” counsel may explain their positions, and the Court may explain its ruling, on the record after the jury has been excused. Recross: Recross is not allowed as a matter of right. It is only allowed if something new (c) is brought out in redirect. 15.

Sealed Documents Attorneys must comply with E.D.Mo. Local Rule 13.05 concerning sealed documents and files.