JUDICIAL PRACTICE AND PROCEDURES:
Magistrate Judge Carol Sandra Moore Wells
Magistrate Judge Wells was born in 1949, and is a graduate of the University of Pennsylvania
School of Law (J.D. 1985). From 1978 to 1984, she served the duel role of founder and teacher
at Lotus Academy. During that time, Judge Wells also served as a law clerk/office manager with
Nichols, Nichols, Clark & New Kirk. From 1985 to 1987, she was in private practice as an
associate attorney with Pincus, Verlin, Hahn & Reich, P.C. From 1987 until 1996, Judge Wells
worked for the City of Philadelphia as an Assistant City Solicitor, Deputy City Solicitor, and
Senior Attorney. She was appointed as a Magistrate Judge of the United States District Court for
the Eastern District of Pennsylvania on June 3, 1996 and reappointed in 2004.
Preliminary General Matters
Correspondence with the Court
Judge Wells permits correspondence from counsel on all matters, but prefers to resolve disputes
via joint telephone conference.
Communication with Law Clerks
Judge Wells permits counsel to speak directly with her law clerks on procedural matters.
However, her law clerks should never be contacted regarding substantive matters, including the
merits of pending matters.
Telephone Conferences
Judge Wells prefers to hold conferences in chambers. However, when counsel cannot be present,
or when time is of the essence, she encourages joint telephonic conferences. It is the
responsibility of counsel to arrange mutually agreeable times for such conferences and to call
chambers once counsel for all parties are on the line.
Oral Arguments and Evidentiary Hearings
Judge Wells does not set aside any special days or times for oral arguments or evidentiary
hearings. These matters are scheduled by her Deputy Clerk who will attempt to accommodate
counsel’s schedules.
Civil Cases
Pretrial Conferences
Judge Wells regularly conducts pretrial/status and settlement conferences in cases pending before
her. Pretrial/status conferences, where appropriate, are scheduled promptly upon referral of the
case to Judge Wells. The standard agenda for such conferences tracks Federal Rules.
Additionally, at pretrial conferences, attorneys from both sides should be prepared to discuss
settlement possibilities.
Judge Wells expects opposing counsel to attempt to resolve disputes prior to bringing them to her
attention, pursuant to Local Rule 26.1(f).
Continuances and Extensions
General Policy
Judge Wells’ general policy on continuances for briefing schedules, oral arguments, evidentiary
hearings, and discovery deadlines is to be flexible during the initial stages of litigation, but strict
as the trial date approaches.
Requests for Extensions and Continuances
Judge Wells does not impose any specific requirement as to how far in advance of a scheduled
event counsel must request a continuance or extension. However, she expects such a request to
be made as soon as the need becomes apparent and sufficiently in advance for the court to
schedule a matter.
A joint continuance or extension request of the parties may be made by letter or conference call.
A contested request for a continuance or extension of a court-ordered deadline should be in a
letter (faxed to chambers) or requested via formal motion.
General Motion Practice
Oral Argument of Motions
Judge Wells will schedule oral arguments on a motion if it appears likely to be helpful to the
Court. One or all counsel should request oral argument if they consider it vital to a fair
disposition of the issues before the Court.
Reply and Supplemental Briefs
If a telephone conference does not resolve an issue, Judge Wells may instruct the parties to file
briefs. The parties must seek permission to file supplemental briefs.
Chamber Copies of Motion Papers
The delivery of courtesy copies of all motion papers to Judge Wells’ chambers, especially via
electronic means, is encouraged.
Discovery Matters
Length of Discovery Period and Extensions
Judge Wells has no general policy regarding the length of time allowed for discovery. The length
of the discovery period is dictated by the complexity of the case and is determined at the Rule 26
discovery conference. At such a conference, both parties should provide input as realistic time
limits.
Discovery Conferences and Dispute Resolution
Judge Wells expects the parties to resolve most discovery disputes without court intervention, per
Local Rule 26.1(f). If this is not possible, counsel should request a telephone conference by letter
or initiate a joint telephone conference call. It should be noted that a telephone conference is not
encouraged if pro se are litigants involved. In appropriate cases, Judge Wells will convene
discovery conferences in chambers.
Judge Wells may initiate a discovery conference sua sponte. Furthermore, she broaches
settlement negotiations at any stage of litigation.
Confidentiality Agreements
Judge Wells encourages counsel to develop confidentiality agreements, when appropriate.
However, she rarely will entertain stipulated confidentiality orders submitted for court approval.
Expert Witnesses
Disclosure of the identity of experts who are to testify at trial is required as soon as they are
known to the respective parties and no later than the end of the discovery period. In complex
cases, Judge Wells may lengthen the time permitted for expert discovery.
Expert reports should be exchanged on or before the dates set by the Scheduling Order.
Judge Wells permits depositions of expert witnesses in accordance with the Federal Rules of
Civil Procedure.
Settlement
General Approach to Settlement and Non-jury Cases
Judge Wells conducts settlement conferences upon request of all parties, upon referral from a
District Court Judge, or sua sponte. She actively encourages settlement and makes herself
available for in-depth settlement discussions in referred cases.
Each attorney appearing for a party at a settlement conference must have full authority to
negotiate and settle the case on behalf of his/her client. Judge Wells expects the parties to be
present or available by telephone, unless expressly excused by her prior to the conference.
Referral of Settlement Negotiations to Another Judge
In non-jury cases where the parties have consented to trial before Judge Wells, she will refer in-
depth settlement negotiations to another Magistrate Judge.
Arbitration
General Approach to Arbitration Cases
Judge Wells has no special practices or procedures for arbitration cases, except for an accelerated
discovery process.
Scheduling of Trial De Novo from Arbitration
When a demand for trial de novo is filed after arbitration, Judge Wells promptly schedules a
status conference to explore the possibility of settlement and/or schedule a prompt, but mutually
convenient trial date.
Proposed Final Pretrial Memoranda
Required Form of Pretrial Memoranda
Unless specifically provided for by a separate order, Judge Wells requires counsel to use the
short form pretrial memorandum described in Local Rule of Civil Procedure 21(c). A stipulation
of uncontested facts, as set forth in Local Rule 21 (d)2(b)(2)(A)-(E) should accompany this
memorandum.
The judge also requires counsel to comply with the rules set forth in her Scheduling Order, which
at a minimum, requires counsel, on a specific date, to file with the Clerk and serve on opposing
counsel: (a) a list of all exhibits to be used at trial; (b) a list of all witnesses to be called at trial,
as well as a brief summary of each witness testimony; (c) memoranda of law on all legal and
evidentiary issues expected to arise at trial; and (d) requests for instructions to the jury.
Trial Procedure
Scheduling of Cases
Judge Wells assigns a date certain for trial, after consulting with counsel. Counsel should be
prepared during any pretrial conference and/or settlement conference to advise the judge as to
when discovery and expert reports are expected to be complete.
Conflicts of Counsel
If a conflict of counsel will affect the trial schedule, Judge Wells requires that counsel file a
written request for a joint telephone conference in order to resolve the issue. If pro se litigants are
involved, Judge Wells may hold a conference on the record.
Cases Involving Out-of-Town Parties or Witnesses
When possible, Judge Wells will adjust the trial schedule to give consideration to out-of-town
attorneys, parties, or witnesses.
Note Taking by Jurors
Judge Wells will allow jurors, in complex or otherwise appropriate cases, to take notes for
personal use only.
Trial Briefs
Counsel should not submit trial briefs unless requested to do so by the Court.
Voir Dire
Judge Wells requires counsel to submit proposed voir dire questions at the final pretrial
conference. She permits counsel to conduct voir dire in civil cases, but personally presides over
all such proceedings. Judge Wells conducts in-depth voir dire, at side-bar, in appropriate cases.
There is no pre-determined time limit for voir dire.
Side Bars
Judge Wells strongly discourages side-bars and encourages counsel to raise foreseeable issues
before trial commences, during recesses, or after adjournments.
Motions in Limine
Motions in limine should be filed with a party’s final pretrial memorandum and will usually be
ruled upon at the final pretrial conference, unless it is appropriate to defer a ruling until some
time during the trial.
Examination of Witnesses Out of Sequence
Subject to objections by opposing counsel, Judge Wells generally will allow witnesses to be
examined out of sequence for the convenience of the witnesses and counsel.
Opening Statements and Summations
Judge Wells generally does not impose any pre-determined time constraints in opening
statements and summations.
Examination of Witnesses or Argument by More Than One Attorney
Judge Wells will permit only one attorney to examine a witness, but will allow more than one
attorney to argue motions before the Court.
Examination of Witnesses Beyond Redirect and Recross
Judge Wells has no fixed policy regarding the examination of a witness beyond redirect and
recross. She will permit reasonable examination of a witness in areas that are not repetitive or
beyond the scope of previous questioning by opposing counsel.
Videotaped Testimony
Judge Wells requires counsel to jointly view all videotaped depositions before the final pretrial
conference in order to raise and resolve all material objections prior to the commencement of
trial. The attorney sponsoring the videotape witness bears the responsibility for setting up timely
playback equipment in the courtroom.
Reading Material into the Record
Judge Wells encourages counsel to submit a stipulation of all undisputed facts and, whenever
possible, to verify the authenticity of documents in order to expedite the trial process.
Preparation of Exhibits
All exhibits must be pre-marked and pre-exchanged prior to trial. Counsel shall present to the
Court, in a loose-leaf binder, a list and copy of all exhibits before trial.
Offering Exhibits into Evidence
Judge Wells has no preference as to when exhibits should be offered into evidence.
Motions for Judgment as a Matter of Law and Motion for Judgment on Partial Findings
These motions may be submitted either orally or in writing. The Court or any party may request
oral argument.
Proposed Jury Instructions and Verdict Forms
As set forth in her Standard Scheduling Order, Judge Wells requires counsel to submit joint
proposed jury instructions, noting areas of agreement as well as objections. Counsel must also
jointly submit a proposed verdict form or proposed special interrogatories to be submitted to the
jury. At the final pretrial conference, Judge Wells will rule on any evidentiary objections. Prior
to giving the jury charge, a copy of final jury instructions and verdict sheet (or special
interrogatories) will be provided to counsel who will be given an opportunity to take exception,
make corrections, or suggest additions. Supplemental or amended jury instructions may be
offered.
All jury verdicts must be unanimous, unless otherwise stipulated by the Court and counsel prior
to or during trial.
Proposed Findings of Fact and Conclusions of Law
Judge Wells requires counsel to submit proposed findings of fact and conclusions of law in non-
jury cases at the final pretrial conference. She will permit supplementation of that submission (at
the close of the trial or, in a complex matter, after trial) as necessary.
Jury Deliberations
Written Jury Instructions
Judge Wells will submit a copy of instructions to the jury in particularly complex cases or upon
request of all counsel.
Exhibits in Jury Room
Judge Wells will ask counsel to stipulate what evidence will go out to the jury. Should counsel be
unable to reach a consensus, Judge Wells will determine the issue.
Handling of Jury Requests to Read Back Testimony or Replay Tapes
Judge Wells will permit portions of the record to be reviewed by the jury; however, in the interest
of fairness, she will consult counsel in attempting to provide a balanced, contextual review of the
record.
Availability of Counsel during Jury Deliberations
Judge Wells requires counsel to spend the first hour of jury deliberations in or near the
courthouse. Thereafter, counsel will be permitted to leave, provided they are available by phone
or remain in close proximity to the courthouse. Cell phone numbers should be provided to her
Deputy Clerk.
Taking the Verdict and Special Interrogatories
Judge Wells has no policy for special or general verdicts and she will, if appropriate, submit
special interrogatories to the jury.
Polling the Jury
Judge Wells will, upon request of counsel direct her Deputy Clerk to poll the jury.
Interviewing the Jury
After a civil verdict is taken, Judge Wells will permit jurors to be interviewed should they elect
to participate, and with the admonition that counsel not inquire about specific votes.
Criminal Cases
Approach to Oral Arguments and Motions
Judge Wells encourages oral argument or motions in criminal cases.
Pretrial Conferences and Motions
Judge Wells does not generally conduct pretrial conferences in criminal cases, but will do so,
upon request of counsel.
Voir Dire
Judge Wells conducts all voir dire in criminal cases; counsel should submit proposed voir dire
questions to the court in advance of trial.
Sentencing Memoranda
Judge Wells permits submission of sentencing memoranda.
Additional Matters
Counsel must be present at all duty week proceedings.
No party or their counsel may review pretrial service’s recommendations regarding detention or
release.
Judge Wells looks upon a single attorney representing multiple defendants in one case with
disfavor, with the possible exception of the initial appearance. She prefers that counsel avoid all
potential conflicts of interest by representing one defendant only in related criminal proceedings.
The Court prefers having the opportunity to review all proposed orders prior to any hearing.
Judge Wells, while lacking the power to define the precise location and circumstances of
detention, within her authority will be flexible in developing an appropriate detention or release
package for defendants, particularly in regard to minors and those in need of psychological or
medical assessment or treatment.
Other General
Judge Wells expects counsel to comply with local rules of civil procedure and to attempt to
resolve any and all conflicts among themselves before bringing a matter before the Court.
Judge Wells wishes to receive a courtesy copy of any briefs filed in appeal of her decisions.
Further questions as to Judge Wells’ policies should be directed to her Deputy Clerk.
