United States Magistrate Judge Stephen R. Welby
Requirements
Courtroom 17S
1. Local and Federal Rules
Address
111 S. 10th Street,
Suite 17.174 All parties are expected to know and follow the Local Rules of the
St. Louis, MO 63102
Phone Eastern District of Missouri, the Federal Rules of Civil and Criminal
(314) 244-7640 Procedure, and the Federal Rules of Evidence.
Judicial Assistant
Corinne Cohen 2. Informal Matters
(314) 244-7511
I do not have a set time for informal matters, but I am generally
Case Management Team
Kelley Shirley available. Please notify opposing counsel and make sure counsel for
(314) 244-7897 each party is available before requesting an in-court or video conference.
Jacqueline Parker
(314) 244-7940
Most minor, agreed deadline changes can be handled in writing, by
Ashley Nelson filing a motion to extend the deadline and stating that opposing counsel
(314) 244-7777
___________________
consents.
Law Clerks
3. Attorney Admissions
Laura Leister
(314) 244-7481 I am happy to handle Oaths of Admission of new attorneys. You may
Kelsey Vujnich
(314) 244-7464
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.
(b) Jury Selection: After all questioning has been completed, the panel will be removed from
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.
(c) Jury Instructions: 8th Circuit Model instructions should be used when possible. If
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
(a) Available Technology: The Court has evidence presentation equipment, including
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.
(c) Telephones: Attorneys may use their telephones in the courtroom only if they can do so
in a manner which does not disrupt the court.
14. Trial Procedures
(a) Opening statements: Opening statements may include exhibits so long as counsel has
consent from opposing counsel and advises the Court in advance.
(b) Evidentiary Objections: No evidentiary objections shall be argued in the presence of the
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.
(c) Recross: Recross is not allowed as a matter of right. It is only allowed if something new
is brought out in redirect.
15. Sealed Documents
Attorneys must comply with E.D.Mo. Local Rule 13.05 concerning sealed documents and files.
