• Bailiff                      (513)946-5841 - Criminal Case Matters

• Constable/Law Clerk  (513)946-5840 - Civil Case Matters

• Fax Number              (513)946-5844

Motion Practice

When filing a motion, submit a courtesy copy directly to the courtroom, and contact the law clerk or bailiff to set a hearing date.  In general, all motions are set for hearing unless otherwise requested by counsel.  With few exceptions, civil motions are heard in the afternoons and criminal motions are heard in the mornings.  Motions are heard every day of the week at the convenience of the parties.

Settlement

I encourage settlement discussions in civil cases, and I am happy to assist the parties and their counsel with settlement.  Settlement will be discussed in all pretrial conferences of civil jury trial cases.  Accordingly, counsel and the parties (including each plaintiff and defendant, and any insurance claims representative) with full settlement authority must be present for the final pretrial conference.  I may offer my opinion on settlement if requested or if I believe it may help resolve a matter.

Calendaring, Continuances

If attorneys need a continuance, they should contact opposing counsel first and then the bailiff (criminal) or the law clerk (civil). 

A request for continuance of the trial or pretrial in civil cases must be by motion, supported by evidence.  Such a continuance will be granted only for extraordinary and unforeseen circumstances, such as to prevent manifest injustice.

Pretrial

Pretrials are scheduled in every civil case.  Counsel should file pretrial statements and jointly proposed jury instructions at least 3 days prior to the pretrial conference, as indicated in the Case Scheduling Order.  Pretrial statements should comply with Local Rule 15.  Counsel should be prepared to discuss settlement, proposed jury instructions, stipulations, motions in limine, use of depositions at trial, exhibits, and expert witnesses at the Pretrial.

I will be active in settlement discussions.  We will discuss settlement in all pretrial conferences of civil jury trials.  Counsel and parties (including each plaintiff and defendant, and any insurance claims representative) with full settlement authority must attend the final pretrial conference.

Trial

The Court prepares criminal jury instructions using Ohio Jury Instructions.

For civil cases, attorneys should consult and jointly propose jury instructions with citations to OJI or relevant case citations.  Where the parties disagree, the joint instructions may include alternate proposals by each party with citations to relevant authority for each.

Counsel are expected to meet, mark, and stipulate to the admissibility of all trial exhibits (to the fullest extent possible) before pretrial.  At the beginning of the trial, each party shall provide two pre-marked sets of all prospective exhibits: one for the trial judge, and one which will remain at the witness chair for any witness to use at any counsel’s direction.

I may request trial briefs.  If there is a particular legal or evidentiary issue that counsel wants to bring to the Court’s attention, a short memorandum with pertinent case law attached is appreciated.

The Court and counsel conduct voir dire.  I will ask preliminary questions, and will then allow counsel to conduct whatever voir dire they deem appropriate.  I do expect a reasonable time and scope of questioning.

Exhibits are not permitted in opening statements except when the attorneys agree or the exhibits have already been admitted.

For deposition testimony, videos are welcome.  I prefer transcripts when the trial is to the bench unless the video transcript includes a demonstration.

Discovery

The Court expects timely discovery under the Rules of Civil and Criminal Procedure. 

In Civil cases, the Court and the parties jointly set the discovery cutoff date as part of the case management conference and scheduling order.  I permit parties to agree to continued discovery after the deadline, but will not hold discovery conferences or hear discovery motions filed after the deadline.

The parties should cooperate and be reasonable in all discovery matters.  Counsel should make every effort to resolve any dispute between themselves, and should involve the Court only as a last resort.  If parties cannot resolve a dispute, I recommend that counsel arrange a telephone discovery conference with the Court by calling the law clerk or constable.  Ordinarily, I will issue an order based upon the outcome of the telephone conference.  Counsel should involve the Court before the issue affects the trial date.

Courtroom Etiquette

Attorneys should stand when addressing the Court or examining a witness.  They may stand wherever they are comfortable so long as the Judge, the jury, and the court reporter can hear them.  If counsel needs to approach a witness, they may do so as long as it is done in a professional manner, or counsel may request permission to approach the witness.

When entering the courtroom, counsel should check in with the law clerk or bailiff.  If a trial or motions are in progress, counsel should quietly report to the bailiff or law clerk.

Attorneys should contact courtroom staff to determine the availability of trial aides such as whiteboards, easels, projectors, VCR, etc. one day in advance.  This will allow staff to have the items available without disrupting Court proceedings.

Pet Peeves/Expectations/Comments

Punctuality, professionalism and civility are expected in the courtroom.  If counsel are going to be late, they should call and inform the Court of the reason and the time they will arrive.  Professional attire is expected of counsel, and appropriate attire is encouraged for all others.  I’m not likely to react to clothing unless it appears to be intentionally offensive.  I expect everyone in the courtroom to be courteous toward all others there.