Do you permit counsel to contact assigned law clerks?
Yes.

Is it appropriate to telephone chambers regarding questions of procedure on pending matters?
Yes. Chambers can be reached by calling (813) 301-5680.

Is it appropriate to telephone chambers regarding the status of pending matters?
Yes. Chambers can be reached by calling (813) 301-5680.

Does Judge Moody accept nolo contendere or Alford pleas?
Generally, no.

1. Preliminary Pretrial Conference

Do you conduct preliminary pretrial conferences?
Yes, if required. Most civil cases do not require a preliminary pretrial conference. The court typically discusses all matters that might affect trial, including the length of trial, settlement possibilities, and calendar conflicts. They typically last 15 minutes or less.

2. Motions

Should courtesy copies of pleadings and motions be forwarded to chambers?
Yes. Paper courtesy copies of motions or filings exceeding 20 pages are appreciated. If a party files deposition transcripts to support a dispositive motion, Judge Moody prefers the entire transcript (condensed version is fine) with exhibits.

Should copies of cases cited in motions and memoranda be forwarded to chambers?
No.

Do you allow hearings by telephone?
Yes, but only if necessary or with court permission. Generally, only one party may appear by telephone due to equipment restrictions. Parties must make arrangements at least 24 hours before the hearing. Sound quality in telephone hearings is often poor.

What can an attorney do to call attention to a pending motion of particular importance to expedite ruling?
If the motion is a true emergency, it should be styled as such.

Will you entertain motions in limine prior to trial?
Yes; that is preferable.

How far in advance should a party file a motion in limine?
The court considers motions in limine three weeks before the start of trial.

What are your procedures concerning ex parte temporary restraining orders?
Judge Moody generally handles motions for temporary restraining orders. Counsel must email a proposed temporary restraining order in Microsoft Word (.doc/.docx) or WordPerfect (.wpd) format to chambers.

Do you hear preliminary-injunction motions yourself?
Yes.

What is your practice concerning oral argument on dispositive motions?
If required, Judge Moody will hear oral arguments on selected pending motions as time permits on his calendar. Hearings are generally scheduled for no more than 30 minutes.

3. Settlement

What is your policy or practice on the use of alternative dispute resolution devices such as court-annexed, non-binding arbitration and mediation?
All cases are sent to mediation.

Do you personally conduct settlement discussions?
Yes, on limited occasion if the parties stipulate it will not disqualify me from the case.

4. Discovery

Do you refer discovery matters to the assigned magistrate judge?
Yes.

Do you personally conduct preliminary pretrial conferences in criminal cases?
Yes, as needed. The court typically discusses scheduling issues.

Do you allow the submission of sentencing memoranda?
Yes, when the parties believe it is necessary.

Do you disclose the probation officer's sentencing recommendation?
No.

When do you typically conduct sentencing hearings?
Judge Moody regularly conducts sentencing hearings Monday through Thursday, as time on his calendar permits. Counsel shall promptly notify chambers if a sentencing hearing is expected to last longer that 30 minutes so the court can make appropriate arrangements.

1. Trial Dates

Do you grant trial dates certain?
Rarely, if both parties and many witnesses are out of state.

If the court does not reach a case during the scheduled trial term, will the trial date be automatically rescheduled on your next trial docket?
Yes, but nearly all cases are reached during their scheduled trial term.

What is your policy regarding notice of being called for trial during a trial docket (e.g., 48 hours)?
A minimum of 24 hours to several days. We attempt to give as much notice as possible. Cases may or may not be tried in the order they are listed on the trial calendar.

2. Submissions for Trial

Do you require trial briefs in jury trials?
Typically, no. The court only requires trial briefs if there has been no motion for summary judgment or partial summary judgment, and only then if a unique or difficult issue is expected to arise at trial.

Do you require trial briefs in bench trials?
No. The court will request briefs from counsel if necessary.

When are trial briefs due?
At least three days prior to the start of trial.

Do you require proposed findings of fact and conclusions of law to be filed in bench trials?
No. Only upon request from the court at the conclusion of trial.

Should findings of fact and conclusions of law filed in connection with a bench trial also be submitted to chambers on a disk?
Yes, preferably in Microsoft Word (.doc or .docx) or WordPerfect (.wpd) format.

When do you require parties to file proposed jury instructions and verdict forms?
Five days before trial.

Where standard jury instructions are available, do you prefer that lawyers submit CONSENTED versions of the standard instructions?
Yes.

Should jury instructions also be submitted to chambers on a computer disk?
Yes, in Microsoft Word (.doc or .docx) or WordPerfect (.wpd) format. They can also be emailed to chambers in Word or WordPerfect format.

Parties must provide exhibit and witness lists (an original and three copies) to the courtroom deputy before jury selection on the morning of trial.

3. Voir Dire

Do you permit counsel to conduct voir dire?
Yes, but limited. The court will discuss time limits with counsel.

If judge conducts voir dire, can parties submit proposed voir dire questions?
Yes, before jury selection.

What are your peremptory-challenge procedures?
Exercise challenges against the number of jurors and alternates needed (for example, a civil jury usually has six jurors plus two alternate jurors) with backstriking allowed before acceptance.

In multiple party cases, do you grant each party three preemptory challenges?
No. Each side in multiple-party cases has a total of three peremptory challenges to be shared.

4. Opening Statement

Do you have any standard time limits imposed on counsel?
No, I establish time limits after discussion with counsel.

Can exhibits be used in opening statements?
Yes, as long as the parties have reviewed and agreed to exhibits in advance.

Do you allow plaintiffs to make a rebuttal during opening statements?
No.

5. Experts

Do you conduct Daubert hearings before trial?
Yes, if necessary.

6. Procedure For Use of Videotapes, Trial Graphics, Depositions, and Demonstrations

What, if any, procedural requirements do you have regarding the use of videotapes, trial graphics, depositions and demonstrations?
Judge Moody encourages use of the Digital Evidence Presentation System (DEPS). Contact Judge Moody's courtroom deputy for information on the system.

7. Objections

What, if any, procedures do you have concerning objections at trial?
State objection and legal grounds only. Do not argue your objection from counsel table.

8. Jury Procedures

Do you permit jurors to take notes?
Yes.

Do you permit jurors to ask questions either orally or in writing?
No.