Official site of the U.S. District Court for the Middle District of Florida

James S. Moody, Jr. received his accounting (with high honors), business graduate school and J. D. degrees (with honors) from the University of Florida where his activities earned selection to the U. of F. Hall of Fame and Florida Blue Key. Prior to being elected Circuit Judge in 1994, he was an AV-rated, board certified civil trial lawyer, certified public accountant, director of Hillsboro Sun Bank, Chair of two Florida Bar committees (Jurisprudence and Attorneys Fees), and president of the Hillsborough County Bar Association. He was engaged in private practice with Trinkle, Redman, Moody, Swanson & Byrd, P.A. in Plant City.

Judge Moody has been a United States District Court Judge since July 2000. As a Circuit Court Judge from 1995 to 2000, Judge Moody presided over family law and general civil divisions of the Circuit Court. He was a member of the Education Steering Committee for the Conference of Circuit Court Judges and has taught the following courses at judicial education conferences: “Managing Trials Effectively,” December 1998; “Misconduct in the Courtroom,” June 1999; “Economic Loss Doctrine,” January 2000; “Punitive Damages,” January 2000; “The Fickle Finger of Fate & Courtroom Behavior,” May 2000; and “Civil Fundamentals: Post Trial Motions and Appeals,” September 2001. He was a speaker at the 22nd Annual Multi-State Law and Employment Law Seminar in June, 2004, a panelist at the 13th Annual National Federal Sentencing Guidelines Seminar in May, 2004, and a presenter on “Managing High Profile Trials” at the Eleventh Circuit Judges’ Workshop in December, 2006.

Judge Moody served as a mock trial judge at the Labor and Employment Law Trial Skills program in July 2000, 2001 and 2002 at Stetson University Law School and as a mock trial judge at the Annual Moot Court Competition held at the University of Florida in 2003, 2004 and 2005. He was a presenter at a conference on “Managing the Midsize Case: View from the Bench”, 2002, for the American Employment Law Council. He also spoke on Closing Arguments at the Employment Law seminar in 2000 and Commercial Litigation for the Young Lawyers seminar in April 2000 and September 2001. He was a participant in the “Afternoon at the Courthouses” seminar for the Hillsborough County Bar Association in 2001, 2002 and 2003. His Florida Bar Journal article “The Birth of Legal Presumption,” Nov. 1996, was instrumental in the adoption of Florida Statute 61.13(2)(d) (1997) eliminating the presumption in favor of custodial parents seeking geographical relocations. In 1998, Judge Moody was nominated by the Judicial Nominating Commission to fill a position on the Florida Supreme Court. He received the Hillsborough County Bar Association’s Robert Patton Outstanding Jurist Award in March 2003.

Judge Moody has been actively involved in the community serving as a member of the Board of Directors for the Hillsborough County United Way (over 10 years), member of the Community Advisory Board of the United Way of Tampa, Hillsborough County Bar Foundation Board of Directors (1999-2004), Co-Chair of Hillsborough Tomorrow (a citizens visioning process), Chair of the Children and Families Workgroup, President of the Lions Club, Chancellor of his church, Chair of Success by Six (a county- wide School Readiness effort), member of the USF Economic Development Board, Chair of the USF School of Psychology Advisory Committee, Chair of the Florida Blue Key Alumni Advisory Board, and member of the University of Florida Law Center Association Board of Trustees.

Case & Trial Management Preferences: Back to top

CIVIL

Motion Practice
Judge Moody hears motions of 30 minutes or less between 8:00 a.m. and 9:00 a.m. Longer hearings are set by the Courtroom Deputy.

If depositions are filed in support of a dispositive motion, Judge Moody prefers the deposition be filed in its entirety (condensed version is fine) with exhibits.

Settlement
Almost all cases are referred to mediation. An Order of Referral is entered six months prior to trial with the mediation to be held no later than six weeks prior to trial. Judge Moody does not usually conduct settlement conferences.

Jury Trials
All cases set for trial during a monthly trial term will be listed and distributed to all 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. Trial dates certain are usually not granted unless there are exceptional circumstances (lengthy case, numerous out-of-town witnesses). Proposed jury instructions, verdict forms and voir dire should be filed five (5) days prior to jury selection. Courtesy copies should be sent to Judge Moody's chambers. The jury instructions and verdict form should also be provided to the court on a disk in WordPerfect format.

Exhibit Lists and Witness Lists (an original and three copies) shall be provided to the Courtroom Deputy on the morning of trial, prior to jury selection.

CRIMINAL

Change of Plea
Judge Moody usually refers changes of plea to the assigned magistrate judge.

Sentencing
Judge Moody regularly conducts sentencings between 8:30 a.m. and 9:30 a.m., Tuesday through Friday. Counsel should notify the Courtroom Deputy if a sentencing is expected to last longer than thirty (30) minutes so that appropriate arrangements can be made.

Discovery
Discovery issues are generally referred to the assigned magistrate judge.

Exhibit Lists and Witness Lists (an original and three copies) shall be provided to the Courtroom Deputy on the morning of trial, prior to jury selection.

Case & Trial Management FAQs: Back to top

What is your policy regarding communication with staff [i.e., Do you permit counsel to contact assigned law clerks?
Answer: YES

Is it appropriate to telephone Chambers regarding questions of procedure on pending matters?
Answer: YES

Is it appropriate to telephone Chambers regarding the status of pending matters?
Answer: YES

PRETRIAL PROCEDURE (CIVIL):

A) Preliminary Pretrial Hearings:

Do you conduct preliminary pretrial hearings?
Answer: YES

If YES, what matters do you typically discuss during preliminary pretrial hearings:
Answer: All matters which may affect the trial, including length of trial, settlement possibilities and calendar conflicts.

B) Motion Practice:

Should courtesy copies of pleadings and motions be forwarded to Chambers?
Answer: YES. Also, please forward courtesy copies of depositions in full condensed version with word index.

Should copies of cases cited in motions and memoranda be forwarded to Chambers? Answer: NO

Do you allow telephonic hearings?
Answer: Yes, but only if necessary or with court permission. Generally, only one party may appear telephonically due to equipment restrictions.

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

Will you entertain motions in limine prior to trial?
Answer: YES, it is preferred.

If you will consider motions in limine prior to trial, how far in advance should they be filed?
Answer: 3 weeks prior to the commencement of the trial term.

Do you regularly set aside time during a given week/month for hearings on motions?
Answer: Yes

If YES, when is your normal hearing date/time?
Answer: Generally before 9:00 a.m. most mornings.

What are your procedures concerning ex-parte temporary restraining orders?
Answer: Generally referred to the magistrate judge.

Do you hear preliminary injunction motions yourself?
Answer: NO, generally referred to the magistrate judge.

What is your practice concerning oral arguments of dispositive motions?
Answer: If parties request to be heard, the Court will generally schedule hearing time for no more than 30 minutes.

C) Settlement:

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

Do you personally conduct settlement discussions?
Answer: YES, on occasion.

IF YES, under that circumstances?
Answer: If the parties stipulate that it will not disqualify me from the case.

D) Discovery:

Do you refer discovery matters to a U.S. Magistrate Judge?
Answer: YES

E) Pretrial Conference:

Do you personally conduct pretrial conferences in your cases?
Answer: YES

PRETRIAL PROCEDURES (CRIMINAL)

Do you personally conduct preliminary pretrial conferences in criminal cases?
Answer: YES, as needed.

What matters do you typically discuss during a preliminary pretrial conference?

What problems exist in getting the case ready for trial.

Do you have a policy regarding the timing of disclosure of Jencks Act material?
Answer: NO

B) Pleas.

Judge Moody generally refers change of plea to the assigned Magistrate Judge.

What is your policy concerning nolo contendere or Alford?
Answer: Generally, not accepted.

TRIAL:

A) Trial Dates.

Do you grant trial dates certain?
Answer: RARELY

If YES, under what circumstances will you grant trial date certain?
Answer: If both parties are out-of-state and many witnesses are out-of-state.

If a case is not reached during the scheduled trial term, will the trial date be automatically rescheduled on your next rial docket?
Answer: YES

What is your policy regarding notice of being called for trial during a trial docket? [e.g., 48 hours]
Answer: A minimum of 24 hours. 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 calender.

B) Submissions for Trial.

Do you require trial briefs in jury trials?
Answer: NO. Only 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?
Answer: YES

What are your requirements for trial briefs?
Answer: That it be brief.

When are trial briefs due?
Answer: At the beginning of the trial term.

Do you require proposed findings of fact and conclusions of law to be filed in bench trials?
Answer: YES

If YES, when do you require the proposed findings of fact and conclusions of law to be filed?
Answer: At the end 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?
Answer: YES

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

Where standard jury instructions are available, do you prefer that attorneys submit condensed versions of the standard instructions?
Answer: YES

Should jury instructions also be submitted to Chambers on a computer disk?
Answer: YES, in Wordperfect format.

Exhibit and Witness Lists (original and three copies) shall be provided to the Courtroom Deputy on the morning of trial, prior to jury selection.

C) Voir Dire.

Do you permit counsel to conduct voir dire?
Answer: YES, but limited.

If YES, what guidelines or restrictions must counsel follow when conducting voir dire?
Answer: Time limit is discussed with attorneys.

If judge conducts voir dire, can parties submit proposed voir dire questions?
Answer: Yes

If YES, when should such questions be submitted?
Answer: Prior to jury selection.

What are your preemptory challenge procedures?
Answer: Exercise challenges against number of jurors and alternates needed (example, civil jury usually 6 plus 2) with backstriking allowed prior to acceptance.

In multiple party cases, do you grant each party three preemptory challenges?
Answer: NO

If NO, do you limit each side [i.e., plaintiff/defense] a total of three preemptory challenges to be shared?
Answer: YES, generally.

D) Opening Statement.

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

Can exhibits be used in opening statements?
Answer: 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?
Answer: NO

E) Use of Expert.

Do you conduct Daubert hearings prior to trial?
Answer: Yes, if necessary.

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

What, if any, procedural requirements do you have relative to the use of videotapes, trial graphics, depositions and demonstrations?
Answer: Encourage use of DEPS system.

G) Procedure for Objections.

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

H) Jury Procedures:

Do you permit jurors to take notes?
Answer: Yes

Do you permit jurors to ask questions either orally or in writing?
Answer: Yes

If YES, under what constraints and restrictions?
Answer: Questions in writing and submitted to judge.

SENTENCING:

Do you allow the submission of sentencing memoranda?
Answer: Yes

If YES, under what circumstances do you allow such submission?
Answer: When parties feel it is necessary.

Do you divulge the probation officer's sentencing recommendation?
Answer: NO

Judge Moody regularly conducts sentencing between 8:30 a.m. and 9:30 a.m., Tuesday through Friday. Counsel shall notify the Courtroom Deputy if a sentencing is expected to last longer that thirty minutes so that appropriate arrangements may be made.

GENERAL OBSERVATIONS/RECOMMENDATIONS:

What, if any, other observations or suggestions do you have for members of the Bar relative to appearing before you in federal court?
Answer: Keep arguments brief.

The Honorable James S. Moody, Jr.
United States District Judge

Biography:

Case & Trial Management Preferences: Back to top

CIVIL

CRIMINAL

Case & Trial Management FAQs: Back to top

The Honorable James S. Moody, Jr. United States District Judge

Biography:

Case & Trial Management Preferences: Back to top

CIVIL

CRIMINAL

Case & Trial Management FAQs: Back to top

The Honorable James S. Moody, Jr.
United States District Judge