In Minnesota, there are nearly 300 district court judges who preside over matters in ten judicial districts. While the Minnesota Rules of Court provide attorneys with significant information applicable to court proceedings, each judge may have his or her individual preferences with respect to motion practice and courtroom conduct.

In an effort to assist attorneys who may be appearing before a judge for the first time, the MSBA Civil Litigation Section Governing Council provided all district court judges with a brief survey. The responses that we received are organized on the right by judicial district and then alphabetically by judge’s name. We hope you find these responses to be helpful in your preparation for district court appearances.

For information about this project or to report an error in any judicial directory listing, contact Kara Haro, MSBA staff liaison to the Civil Litigation Section.


Fourth Judicial District Judges | Courtroom Preferences


Moore, James

Judge

Hennepin County

View state court bio

 


Contact with Chambers 

• Preferred method to contact chambers: Email is best. Use 4thJudgeMooreStaff@courts.state.mn.us.

• To whom may attorneys direct scheduling/logistical questions? 4thJudgeMooreStaff@courts.state.mn.us.

• To whom may attorneys direct substantive questions?  4thJudgeMooreStaff@courts.state.mn.us.

 


Motion Practice 

• Set forth your practices and procedures for scheduling motion hearings. Send an email to 4thJudgeMooreStaff@courts.state.mn.us.

• Identify any type of motion for which you do not require a hearing. Appointment of a wrongful death trustee or distribution does not need a hearing if waivers are filed by all next of kin.

• Do you accept telephone calls from attorneys to rule on discovery disputes that occur during depositions? Yes, if I am available in chambers.

• How much time do you allot for motion hearings? 1/2 hour for most hearings. Call or email in advance if you need more time.

• Set forth your practices and procedures with respect to attending a hearing by telephone or video conference. Almost all of my civil motions are done by Zoom. I have a standing Zoom meeting. Send us an email and we'll give you the link.

• Set forth your practices and procedures with respect to discovery motions. I require an off-the-record telephone conference with the attorneys before a discovery motion can be put on my calendar.

• Set forth your practices and procedures with respect to stipulations of the parties, including stipulations for protective orders.  I am open to receiving stipulations. For protective orders mist include a requirement that a party wishing to file a document confidentially with the court must arrange for an on-the-record remote appearance to get the court's pre-approval.

• Do you have any particular requests or procedures relating to requests to amend the scheduling order? I will consider stipulations to amend the scheduling order, but will only move the trial ready date if good cause is shown.

• Set forth your practices and procedures with respect to default proceedings. If a default matter is assigned to me I require a hearing. On consumer credit cases please send notice of the hearing to the defaulting party.

• Set forth your practices and procedures with respect to handling emergency motions. I'll get you on my calendar as soon as I can. Please contact my chambers as soon as you have the judge assignment so that we can get the matter on our calendar as soon as possible.

• If your preferences for motion hearings by remote means differ from any of your earlier answers, please describe your preferences for remote video conference hearings. 

• Do you want to receive paper courtesy copies of the parties' written submissions? If you do, set forth the number of courtesy copies and identify any document type you do not want to receive. I do not want paper courtesy copies, but I appreciate emailed courtesy copies. Voluminous exhibits need not be emailed. Attorneys should be aware that filings that are made close in time to a hearing may not get to the judge unless the parties separately provide courtesy copies.

• Set forth your preferences for handling informal requests for relief using the expedited, informal non-dispositive motion process set forth in Minn. Gen. R. practice 115.04(d). Email my staff and set up a phone conference.


Pre-Trial Procedures 

• Set forth your practices and procedures with respect to the submissions of additional legal authority or other materials at or after oral arguments. I don't have a particular practice in this regard.

• Describe your preferred procedures for pretrial settlement conferences, including the timing of such conferences, persons who must attend, whether persons may attend by telephone or video conference, and how you participate in settlement discussions. I schedule a pretrial about 6 weeks before a trial ready date. I will participate in settlement discussions if the case will tried to a jury and if the parties agreed to allow my participation. Settlement conferences are by Zoom unless the case is particularly complicated. Persons with authority to settle must attend. If a case cannot be settled at that time we will pull out our calendars and pick a trial date certain. I do not use a trial block system.

• Identify what technology you use in the courtroom and state whether you prefer a particular electronic format. We're pretty much a "bring your own" court.

• Set forth your practices and procedures with respect to attorney’s use of technology in the courtroom and during trial. Our available technology is pretty limited. Contact chambers in advance to coordinate. Please arrive early to make sure that it is working.

• Do you permit parties to bifurcate oral argument so different attorneys address different legal issues? Yes.


In-Person Trials 

• Are you willing to provide a date certain for trial? Yes. I set a date certain for all trials.

• Set forth your practices and procedures for handling motions in limine. Routine motions are decided on the briefs. I will issue an order prior to trial. More complicated issues may be scheduled further in advance of trial and be given oral argument.

• What is your schedule for a typical trial day? Trial is 9:00 to noon; and 1:00 (or 1:30) to 4:30. There is a 20 minute break mid-morning and mid-afternoon.

• Set forth your voir dire procedures. I ask general questions and invite the jurors to say a few words about themselves. I leave the rest to the attorneys, but I demand that they ask questions designed to elicit information and will not let lawyers argue the facts or law under the guise of voir dire.

• Set forth your practices and procedures with respect to courtroom decorum, including movement in the courtroom, use of a podium, whether attorneys should sit or stand, and how to address witnesses. Always ask to approach the bench or witness. Always be at a microphone when talking (for this reason it is permissible to sit when addressing the court).

• Do you impose time limits with respect to opening statements and closing arguments? No.

• Set forth your practices and procedures with respect to marking and using exhibits. Premark all exhibits. Stipulate to admissibility or foundation if possible.

• For exhibits uploaded to the Minnesota Digital Exhibit System (MNDES), set forth your preferences regarding naming conventions for files uploaded to the system. We are not yet using MNDES for civil cases in the 4th Judicial District.

• Set forth your practices and procedures with respect to handling objections. State the basis for your objection and do not argue it. I will invite argument if I feel that it is necessary. If you need to make a record on a ruling you will be given an opportunity at the next jury break. I will also make a record at every break of any bench conferences.

• Set forth your practices and procedures with respect to the use of deposition testimony. Please give me the transcripts far enough in advance of trial to give me time to rule on objections.

• May attorneys obtain daily transcripts during trial? If so, what procedure should attorneys follow? We need substantial advance notice to accommodate a request for daily transcripts. You may need to arrange for outside court reporters.

• Set forth your practices and procedures with respect to attorney requests to contact jurors at the conclusion of trial. I tell the jurors that they are free to talk to the attorneys, or not as they see fit. The rest is up to you.

• Set forth any other preferences, practices, or procedures attorneys and parties may find helpful. Remember to send courtesy copies of briefs (by email). Please always provide a Word version of any proposed order. Be nice to court staff!!

• If your practice differs for trials by remote means, please describe the differences. Trials are generally in person, but all of the same rules apply to remote trials.