United States Magistrate Judge
RODNEY H. HOLMES
Courtroom 13N REQUIREMENTS
Address
111 S. 10th Street, 1. Notice Regarding Magistrate Judge
Suite 13.156
St. Louis, MO 63102
Jurisdiction
Phone
(314) 244-7470
Pursuant to 28 U.S.C. § 636(c), all parties in a civil case
Fax
(314) 244-7479
must consent to my jurisdiction to conduct all proceedings,
Chambers Email
[email protected]
including trial and entry of judgment. Any appeal from the
ov
Judicial Assistant
judgment shall be taken directly to the United States Court of
Roxane Ellis
Case Management Team
Appeals for the Eighth Circuit.
Chelsea Hutson – Team Leader
Jennifer Bailey – Case Manager
Heather Aubuchon – Case Manager
Parties are required to electronically submit their Notice
Team Phone – 314-244-7533
___________________
Regarding Magistrate Judge Jurisdiction through the Court’s
Law Clerks
Juliane Rodriguez
CM/ECF system within 21 days of filing an entry of
Liz Snidman
___________________ appearance. E.D. Mo. L.R. 2.08(A). Parties determine whether
to consent or decline jurisdiction. If any party declines
magistrate judge jurisdiction, the case will be reassigned to a
United States District Court Judge. If all parties consent to my
jurisdiction, the case will proceed before me until final
judgment. I cannot rule on dispositive motions before consent
from all of the parties is obtained, this includes motions to
dismiss, motions to remand, motions for judgment on the
pleadings, and summary judgment motions.
2. Local and Federal Rules
Many answers to frequently asked questions are contained in the Local Rules of the
Eastern District of Missouri, the Federal Rules of Civil and Criminal Procedure and the Federal
Rules of Evidence. All counsel and pro se parties are expected to know these rules and follow
them. The rules are often amended, so I recommend frequently reviewing the rules.
3. Informal Matters
All requests for extension of time must be submitted in writing using CM/ECF. Requests
for extension of time should be filed in a timely manner and should include whether opposing
counsel consents to the extension. If circumstances require a time-sensitive request for extension
of time, a written motion must be filed and the party requesting the extension should call my
chambers to notify me regarding the urgency of the request. If you have an emergency motion
that needs a formal hearing on the record, you should call my chambers to schedule a hearing
after you consult with counsel for all other parties or any self-represented litigants regarding the
parties’ availability.
4. Rule 16 Conferences
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. At the Rule 16 conference, you should be
prepared to discuss the facts of your case and all other matters set out in the Rule 16 Order,
including settlement. Do not send an unprepared substitute attorney or an attorney who cannot
make a commitment regarding the calendar of trial counsel, as I expect all counsel to know the
case and be prepared to discuss all issues, including changes to the proposed schedule and trial
setting.
5. Scheduling and Status Conferences
Counsel may request a scheduling or status conference when the need arises by filing a
motion using CM-ECF. In the motion, the moving party should include the availability of all
counsel of record and any self-represented litigants. If after entry of the Case Management
Order, counsel find they have a problem that is keeping the case from moving forward, or
counsel are in agreement regarding an idea to move the case forward more efficiently, counsel
may file a motion requesting a conference call to discuss the matter.
6. Alternative Dispute Resolution (ADR)
I refer most civil cases to mediation. 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.
7. Discovery Disputes
Before filing any discovery motion, the parties must first attempt to resolve their
discovery dispute in compliance with the Court’s requirements and the Local Rules. If the parties
are unable to reach an agreement without court intervention, they must file a joint memorandum
requesting a conference. The memorandum must be filed jointly; must specify the parties’
previous attempts to resolve; must stipulate (in bullet points) the issues in dispute; and must not
exceed three pages in length. After reviewing the parties’ memorandum, I will either set a
hearing or a motion briefing schedule.
8. Expert Witnesses
Treating Witnesses as Expert Witnesses: I do not usually require treating health care
providers, who are testifying as to matters contained in their treatment notes, to prepare reports
or provide the other information required by Rule 26(a)(2)(B). In such cases, however, health
care treaters will normally be limited to providing opinions that are related to the treatment and
disclosed in their treatment notes. In some cases, treaters may be required to prepare reports (for
example, depending on the plaintiff’s claims, in some instances where the treater is testifying as
to causation, or where the diagnosis is in the nature of repetitive stress injury or post-traumatic
stress disorder).
9. Final Pretrial Conferences
Final pretrial conferences are usually held during the week before the scheduled trial
date. Counsel should be prepared at the final pretrial conference to argue any motions in limine
so that a ruling on such motions can be made in advance of trial.
10. Available Courtroom Technology
The Court has evidence presentation equipment available, including an evidence camera
(e.g., ELMO), 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.
11. Jury Selection/Voir Dire
a. Voir Dire Examination: In most cases, the attorneys will be allowed to
conduct a major part of the voir dire. The Court will introduce counsel
and make a brief statement of the general nature of the case. Counsel will
then be allowed to inquire into matters relevant to jury selection. Further,
counsel may not ask unnecessary questions in order to establish rapport,
ask the jurors to make promises, make speeches, argue the case, tell the
jury personal information about self or family, 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. 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 acceptable may be made in front of the jury panel. After any panel
members are stricken for cause, the parties will make peremptory
challenges.
12. Courtroom Decorum
a. Please stand when the jury enters the courtroom and stand at all times
when speaking.
b. Cell phone usage, eating or drinking (except water), gum chewing, or
audible beepers or watches are not allowed.
c. The use of social media, for example Facebook, Twitter, YouTube, etc.
will not be allowed in the courtroom.
