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About the Judges
James Moody, Jr.
Senior District Judge
Commission Date:
July 28, 2000
Division:
Tampa
Chambers:
17
Chambers Phone:
(813) 301-5680
Courtroom:
17
Judge Initials:
JSM
Chambers Email:
[email protected]
Courtroom Deputy
Judicial Assistant
Law Clerks
Kristin Carreon
(813) 301-5697
Sara Boswell
(813) 301-5680
Jennifer Gundlach
(813) 301-5683
Judge Tabs
Biography
Federal Judicial Service
District Judge, United States District Court for the Middle District of Florida
Nominated by William Clinton on June 8, 2000, to a new seat authorized by 113 Stat. 1501.
Confirmed by the Senate on July 21, 2000, and received commission on July 28, 2000.
Assumed senior status on March 31, 2014.
Education
University of Florida, B.S., 1969
University of Florida Levin College of Law, J.D., 1972
Professional Career
Private Practice, Florida, 1972
–
1994
Judge, Circuit Court of Florida, Thirteenth Judicial Circuit, 1995
–
2000
Court Calendar
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FAQs
Contacting Chambers
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
.
Pleas
Does Judge Moody accept nolo contendere or
Alford
pleas?
Generally, no.
Civil Pretrial Procedure
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.
Criminal Pretrial Procedures
Do you personally conduct preliminary pretrial conferences in criminal cases?
Yes, as needed. The court typically discusses scheduling issues.
Sentencing
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.
Trial
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.
Forms
Civil Disclosure Statement – LR 3.03 and FRCP 7.1 (DOC)
Criminal Disclosure Statement – FRCrP 12.4 (DOC)
Uniform Case Management Report (DOC)
AO 85A: Notice, Consent, and Reference of a Dispositive Motion to a Magistrate Judge (PDF)
Case Management Report for Patent Cases (WPD)
Exhibit Labels and List (DOC)
Exhibit Labels and List (PDF)
Social Security Order (PDF)
Internships
Judge Moody is not currently hiring
interns
or externs.
Preferences
Civil
Jury Trials
The court will distribute a calendar listing all cases set for trial during a monthly trial term to counsel and
pro se parties
the preceding month. The cases may or may not be tried in the order they are listed on the calendar. The court usually will not provide trial dates certain absent exceptional circumstances (e.g., lengthy case, numerous out-of-town witnesses).
Parties should file proposed jury instructions, verdict forms, and voir dire five days before jury selection. Parties should
email
or submit on a disk courtesy copies to Judge Moody's
chambers
in Microsoft Word (.doc or .docx) or WordPerfect (.wpd) 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.
Motion Practice
If required, Judge Moody will hear arguments on selected pending motions as time permits.
If a party filed deposition transcripts in support of a dispositive motion, Judge Moody prefers the full deposition transcript (condensed version is fine) with exhibits.
Judge Moody appreciates paper courtesy copies of motions or filings exceeding 20 pages.
Pretrial Conferences
Judge Moody conducts pretrial conferences. They generally last no more than 15 minutes.
Settlement
The court refers almost all cases to mediation. The court enters an order referring a case to mediation six to nine months before trial. The parties must conduct mediation at least six weeks before trial. Judge Moody does not usually conduct settlement conferences.
Criminal
Change of Plea
Judge Moody refers changes of plea to the assigned
magistrate judge
.
Discovery
Judge Moody generally refers discovery matters to the assigned
magistrate judge
.
Jury Trials
The court will distribute a calendar listing all cases set for trial during a monthly trial term to counsel and
pro se parties
the preceding month. The cases may or may not be tried in the order they are listed on the calendar. The court usually will not provide trial dates certain absent exceptional circumstances (e.g., lengthy case, numerous out-of-town witnesses).
Parties should file proposed jury instructions, verdict forms, and voir dire five days before jury selection. Parties should
email
or submit on a disk courtesy copies to Judge Moody's
chambers
in Microsoft Word (.doc or .docx) or WordPerfect (.wpd) 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.
Sentencing
Judge Moody regularly conducts sentencing hearings Monday through Thursday, as time on his calendar permits. Counsel should promptly notify
chambers
if a sentencing is expected to last longer than 30 minutes so the court can make appropriate arrangements.
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