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Case
Management Procedures |
Motion Practice |
Discovery
| Trial
Procedures |
Misc Procedures |
Law Clerk/Extern Positions
Requirements for Senior District Judge Barefoot
Sanders
I.
Case Management Procedures
- Preliminary Pretrial Conference ("Rule
16 Conference")
The judge does not conduct a preliminary pretrial
conference.
- Fed. R. Civ. P. 26(f) Conference
Normally, by separate order in each case,
no Fed. R. Civ. P. 26(f) conference is required.
- Status Report/Scheduling Order
The judge issues an order requiring parties
to meet to prepare a joint status report once the answer is filed.
When the joint status report is received, the judge issues a scheduling
order. The judges scheduling order modifies several deadlines
set forth in the federal rules of civil procedure and local civil
rules. The deadline for filing is typically noon rather than the
close of business. Trial date is set in the scheduling order.
- Referrals to Magistrate Judges
Discovery disputes normally referred for
determination. Infrequently, other motions are referred for recommendation.
- Settlement Discussion
Judge requires periodic written reports
on status of settlement negotiations. Mediation is favored and
ordered on a case-by-case basis.
- Pretrial Order
Counsel must file a joint pretrial order
by noon 21 days before trial along with a report describing the
status of settlement negotiations. In addition to the requirements
of Local Civil Rule 16.4, each party must file a list of witnesses
described in III.A.2 below.
A party may file a trial brief with
the pretrial order but is only required to do so at the direction
of the judge.
- Final Pretrial Conference
Normally held week prior to trial.
- Judge Sanders has adopted the Standing Order Designating Case for Enrollment in the Electronic Case Files "ECF" System as entered in each of his cases. Judge Sanders requires judge's copies of all dispositive motions, responses, replies, and appendices thereto. Current Standing Order
II.
Motion Practice
- Requirements for Specific Motions
- Summary Judgment - The
time for filing a motion for summary judgment is set by the
judges scheduling order. A motion for summary judgment
typically must be filed 90 days before trial. Additionally,
a motion for summary judgment may not exceed fifteen pages.
- Continuance - Not favored,
but if imperative, should be filed as early as possible.
- In Limine - A motion in
limine must usually be filed by noon at least ten days before
trial.
- Other - Not applicable.
- Hearing
Oral argument on motions is granted on
a case-by-case basis.
III.
Discovery
- Fed. R. Civ. P. 26(a)
- 26(a)(1): The judge issues an order re: 26(a)(1)
in each case. Normally, parties are not required to make initial
disclosures.
- 26(a)(3): By noon 21 days before trial, each
party must file a list of witnesses who may be called in its
case-in-chief. The list must contain a brief narrative summary
of the testimony to be elicited from each witness, shall state
whether the witness has been deposed, and shall state whether
the witnesss testimony at trial is "probable",
"possible", "expert" or "record custodian".
A copy of this list must be furnished to the court reporter
before trial.
- Filing Discovery Material
Parties are to follow Fed. R. Civ. P.
5 and Local Civil Rule 5.2.
IV.
Trial Procedures
- Marking and Exchanging Exhibits
Each party must comply with the requirements
of Local Civil Rule 26.2(b) by noon 14 days before trial.
- Voir Dire
In most cases, the judge conducts voir
dire. However, depending on the type of case and its complexity,
he may allow brief questioning by attorneys. Proposed voir dire
questions must usually be filed by noon 10 days before trial.
Judge may use a questionnaire to provide information about each
panelist to the attorneys.
- Proposed Jury Instructions/Findings of Fact
and Conclusions of Law
Each party must file its annotated requested
jury instructions or proposed findings of fact and conclusions
of law by noon 14 days before trial.
- Courtroom Decorum
Appropriately dressed. Use lectern for
questioning.
- Electronic Equipment in the Courtroom
Secure Court's permission and arrange
with Court for time of installation.
- Other
Objections to exhibits and objections
to deposition designations must usually be filed by noon 10 days
before trial.
V.
Miscellaneous Procedures
- Courtesy Copy of Pleading -
Bring copy to Court when pleading requires rapid action.
- Telephone Call to Chambers
- Procedural Information - An
attorney may address a procedural question that cannot be
answered by the federal rules of procedure, local rules, or
the judges scheduling order to Mrs. Phyllis Macon, Secretary,
or to Law Clerk.
- Scheduling Information - An
attorney may direct a question regarding scheduling to Mrs.
Phyllis Macon, Secretary, or to Law Clerk.
- Status of Motion/Proposed Order - Mrs.
Phyllis Macon, Secretary, or to Law Clerk.
- Other - Mrs. Phyllis Macon,
Secretary, or to Law Clerk.
- Faxed Document - A faxed
document will be accepted.
VI.
Law Clerk/Extern Positions
- Application Procedures - File written application
with resume with Mrs. Phyllis Macon, Secretary.
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Biography
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Fitzwater | Robinson | Cummings | McBryde | Solis | Means | Lindsay
Lynn | Godbey | Kinkeade | Boyle | Buchmeyer | Fish | Sanders | Maloney
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