| Recognizing the difficulty of remembering preferences and procedures of each Judge at the Common Pleas Court, this memorandum is intended to guide daily business in Courtroom 8A. We hope that you will find these suggestions helpful, and that you share them freely with all counsel in your case and with staff at your law firm.
I. PROFESSIONALISM
Professional behavior best serves your clients and this Court. Each Judge on our court received over 1800 new-filed cases during 2006. No one has time for, or patience with, unnecessary contention that increases cost or delay for litigants, and further taxes the court’s limited resources.
If you find yourself in a dispute with other counsel, please step back and pick up the phone, or schedule a face-to-face meeting rather than file an inflammatory motion. Note that the “Introductory Statement on Civility” published at the front of the Local Rules for the United States District Court for the Southern District of Ohio has universal applicability.
II. CONTACT WITH COURT STAFF
If you have questions about the following procedural matters in Courtroom 8A , feel free to call the persons indicated below.
| SECRETARY |
Sharon Lynch |
462-6281 |
General Inquiries. |
| BAILIFF |
Libby Peterman |
462-5898 |
Contact about case scheduling including reporting status of cases coming up for trial or reporting cases are settled; requests to have cases referred to arbitration or mediation; requests for new trial dates as explained in § III(A) below; or other general inquiries. |
| STAFF ATTORNEY |
Adam E. Crowell |
462-5890 |
To request status conferences, or oral argument on significant motions; or to inquire about court procedures or pending motions. |
| MAGISTRATE |
Tim Harildstad |
462-5995 |
To request transfer of a matter for a jury trial or other proceeding (such as a damages hearing on a default judgment.) |
| COURT REPORTER |
Carol Jung |
462-3765 |
To order transcripts. |
III. CONTINUANCES AND AMENDED CASE SCHEDULES
A(1). Motions to amend the Case Schedule should either be submitted in person at a status conference with the court, or filed with the Clerk’s Office. Please be sensitive to the Local Rules governing presumptive time to trial for various types of cases, and invest your best effort to comply. Be certain to talk to all other counsel before approaching the court.
(2). Stipulations or “Agreed” Entries are not enough to postpone civil trials in Courtroom 8A. Motions for continuance of a trial date, absent true emergency, must be in writing, and should be sought well before the Final Pre-trial Conference. If you have a case that genuinely appears likely to require a trial, alert chambers as soon as you know so that we can do our best to allow enough time for pretrial proceedings, and try to assign a “hard” trial date.
Any such Motion should affirmatively state: 1) whether, following consultation with all other counsel, the change is opposed and 2) specific reasons supporting a continuance (and if applicable an amended Case Schedule).
B. Filings made in the Clerk’s Office take 3 – 6 weeks to physically reach chambers. Accordingly, when more timely attention is genuinely necessary please deliver time-stamped copies of motions or other papers, along with an ORIGINAL proposed Entry for the Judge’s signature, to Chambers 8A.
Proposed Entries should contain blank lines for both a new Final Pretrial date and a new Trial date, plus any other deadline changes anticipated. Normally, if the trial date is postponed a Final Pre-trial will be scheduled for the week before trial. If there is no opposition to the continuance or new Case Schedule, submit the time-stamped Motion and an Agreed Entry approved by all parties to enable the Court to make an immediate determination. If counsel would like input as to new trial or pre-trial dates, they should place a conference call to the Bailiff or otherwise indicate their conflicting vacations or court assignments. Otherwise, new dates will be assigned at the Court’s discretion.
C. Decisions regarding trial continuances or changes to the Case Schedule are made solely by the Judge, giving consideration to the complexity and age of the case, plus prior efforts of counsel to move the case to timely resolution.
IV. MOTIONS AND MEMORANDA
A. It is necessary to obtain leave of Court prior to filing a Motion or Memorandum out of rule or beyond the deadline set in the Case Schedule. Leave to file Motions late in a case may jeopardize the trial date and may be denied. Do not expect that a Stipulation among counsel will change any deadline absent Court approval.
B. Page limits set out in Local Rule 12 serve a salutary purpose given the heavy docket of the Court. Ordinarily, counsel should edit tightly and live within those page limits. To assist in meeting page limits, unless otherwise advised in a specific case counsel may assume that no briefing is necessary on the legal standards for Motions filed under Civil Rules 12, 26, 37, or 56. In responding to a Civil Rule 56 Motion, it is most useful for the court to have counsel initially and specifically identify precisely what, if any, material disputes of fact are asserted to exist.
C. The Court reserves the right to disregard pages of memoranda beyond the limits set in the Local Rules, absent prior leave to file longer documents.
D. Civil Motions filed under ordinary practice with the Clerk’s office normally will, approximately 30 days after filing, be pulled and forwarded to chambers for review and decision. Motions under submission will be prioritized taking into consideration the trial date or other time urgency. If you wish the Judge to receive a courtesy copy of Motion papers, please drop them off in the “In Box” for Courtroom 8A. If there is some unusual urgency about a particular Motion, please contact the Staff Attorney so the matter can be expedited.
E. Stipulations of fact are valuable tools for both civil motions and civil trials.
Ordinarily, authentication of documents, lists of names of participants and dates of events relevant to a suit, and similarly undisputed background matters aid the court and jury in learning about a case without unnecessary delay, and without prejudice to any party’s rights. Stipulations of uncontested facts are, therefore, strongly encouraged. Counsel should talk to each other about stipulations in order to simplify pretrial motion practice and trial.
V. CONFERENCES AND ORAL ARGUMENT
This court has stopped holding routine pretrial conferences, and does not routinely hear oral argument on motions.
However, in cases of complexity or those likely to actually go to trial, the court will hold a status conference or Final Pretrial Conference upon request. The court will also hear oral argument on significant motions upon request through the Staff Attorney, or where the court deems it helpful. Before contacting the court it is useful for counsel to consult one another about potential hearing dates. Otherwise, the party requesting a conference or an oral argument will be asked to work out an agreeable date and advise the court before it is formally docketed.
Most Final Pretrial and Status conferences occur at or after 4 p.m. to allow trials to progress into late afternoon. Oral arguments are usually scheduled for Fridays when court is not in trial. Note that in addition to the Rules of Civil Procedure our Local Rule 47.01 requires counsel to make every effort to resolve discovery disputes prior to involving the court.
Normally the court expects out-of-town (including pro hoc vice) trial counsel to attend all court proceedings in person rather than by telephone, or merely using local counsel. (There is no conference telephone capability in Courtroom 8A.) Unless otherwise ordered, clients and insurance representatives need not attend pretrial or status conferences in person.
VI. PRE-TRIAL CONFERENCES – CIVIL CASES
Civil pretrial or status conferences may be conducted by either the court, the Magistrate, or the Staff Attorney.
Pre-trial Statements in accordance with Local Rule 41.04 are required at Final Pretrial Conferences immediately before trial.
Prior to the Final Pretrial Conference trial counsel must confer about: their willingness to waive a jury and/or have the case heard by the Magistrate and a jury; the minimum number of days anticipated to conclude the trial, and whether time limits will be useful to keep matters moving; the number of parties and witnesses participating in trial, and any special scheduling needs; any Motions to be addressed prior to commencing trial; and deposition transcripts or videotapes filed with the Clerk’s office that need to be retrieved, and for which evidentiary rulings must be made before presentation during trial.
VII. TRIALS
A. Ordinarily trials commence at 9:00 a.m. and recess for the day around 4:30 p.m. These hours can be altered somewhat to accommodate witness schedules. Pleas in criminal cases or other business of Courtroom 8A is sometimes conducted during the noon hour, but once a jury is sworn we make it a priority to keep jury trials moving to completion. Please plan accordingly.
B. Trial witnesses can be taken out of sequence for the convenience of the witness, subject to objection by opposing counsel.
C. Motions in Limine are strongly discouraged. They may only be filed after discussion in good faith among counsel, and after counsel certify they have met and exhausted efforts to resolve the issue(s). The court also seeks to avoid unfair gamesmanship, extra cost, or delay caused by eleventh-hour Motions in Limine; ordinarily the court denies any such Motion not presented until the day of trial.
D. Trial briefs are not required. Counsel may submit short memoranda addressing novel legal issues, or highlighting specific statutes or appellate decisions deemed central to deciding the case.
E. Trial Exhibits must be pre-marked, copied, and exchanged prior to the Final Pretrial Conference. Trial counsel are responsible for eliminating duplicate exhibits (and should consider appropriate use of “Joint Exhibit” designations) and discussing formal matters such as authenticity well before the start of trial.
Please bring a separate list of your trial Exhibits for the court’s use to the Final Pretrial Conference and to trial.
The court reserves the right to exclude Exhibits not pre-marked and exchanged among trial counsel.
F. The final jury charge ordinarily is submitted in writing in all cases.
The court uses a standard set of “boilerplate” instructions covering the burden of proof, credibility of witnesses, rules for deliberating, and other matters common from case to case. However, trial counsel are required to discuss and prepare the case-specific portions of the charge. Identify any changes from OJI or other standard form instructions.
Unless an earlier date is specified in a pretrial order in your case, all trial counsel are obligated to meet and confer in person about the case-specific parts of the jury charge no later than three business days before the Final Pretrial Conference or the start of trial. Merely saying “we’ll just use OJI” leaves far too much work to complete during trial. Counsel are responsible for assisting the court with a sensible and accurate charge, and must do so in a timely fashion so that the charge can be completed without delaying the jury.
G. Review Local Rule 27.13(F) for the “Rules on Voir Dire.” Because juror questionnaires are available, lengthy voir dire is unnecessary. Thirty to forty minutes per side normally is adequate.
Do not argue your case, or ask for a “commitment” from prospective jurors in voir dire. Furthermore, individualized questioning of jurors only is permitted in response to an affirmative answer to a prior question, or as prompted by a response on a juror’s questionnaire.
The court usually empanels 8 jurors plus 2 alternates in civil cases. Consider a modified federal system, by stipulating to eliminate alternate jurors entirely, allowing all 10 jurors to deliberate (with a verdict from 8 of 10, or 7 of 9, or 6 of 8, if any jurors are lost during trial).
Challenges are normally exercised outside the presence of the jury.
H. Examination of witnesses beyond re-direct or re-cross is not permitted.
I. Stipulations should be presented as early as possible during trial to avoid unnecessary questioning thereafter.
J. Juror note taking is permitted.
K. Questions from jurors during trial are not permitted.
L. The court does not rule on the qualification of expert witnesses absent specific objection to specific questions. If there are Daubert issues counsel should address them with each other and, barring agreement, with the court at the Final Pretrial Conference.
M. Display of Exhibits to the jury in opening statement, or before formal admission is permitted absent objection by opposing counsel. Again, be certain to share all such matters with all other counsel before displaying any exhibit.
O. Trial counsel are expected to be available on ten (10) minutes notice during jury deliberations.
P. The court sometimes imposes time limitations on the presentation of evidence where counsel are unable to manage the anticipated duration of their presentations. The court discourages presentation of duplicative expert witnesses.
Q. Refer to participants, including your own client(s), as “Mr.” or “Ms.” or other appropriate title such as “”Dr.” rather than by first names in open court.
VIII. RUNNERS
ALL proposed Entries should be place in the DROP BOX located in the back hallway next to 8A Chambers. Once signed, they will be returned to the table for pick up, filing with the clerk, and service on all parties or counsel.
It is counsel’s obligation to assure that the original document is filed with the Clerk, and that copies are promptly served upon all counsel or parties in the case. The only copies of Entries mailed by the Court are those generated by this Court.
If documents have been dropped off for the Judge’s review and do not reappear on the table within a day or two, this indicates that the Judge has not had an opportunity to review them due to a trial or other pressing matters. If, after a reasonable time you or your runner find it necessary to check with the Bailiff on a given document, please have the case number, case caption, title of document and date dropped off to assist us. Our Bailiff receives so many documents every week that she cannot be immediately familiar with each one that passes over her desk.
Ordinarily, please first check the table to see if an Entry has been signed—rather than first calling the Bailiff. This will alleviate a backlog of calls on matters that can be performed by your runner.
IX. MEDIATION/ARBITRATION
If counsel desire to submit their case to mediation with Magistrate Harildstad, simply call our Bailiff and advise that counsel are in agreement. The reference paperwork will be prepared and forwarded to the proper office. The court also encourages use of private mediators whose schedules may be more accommodating.
DO NOT wait until an approaching trial date to initially ask for mediation or other ADR. Few cases will be continued for this reason.
X. FORECLOSURES
Firms representing clients in foreclosure actions should note that once a Judgment Entry is journalized the case is terminated from our active trial docket. This does not mean that it is dismissed. Please see attached Instructions to Counsel on Foreclosure Cases.
XI. SETTLEMENTS
Consistent with Local Rule 22, Counsel must call the Bailiff as soon as possible to advise when a case has been settled.
This Court normally has multiple trials scheduled every day and such notice will enable the Court and attorneys in other pending cases to plan appropriately. Furthermore, prompt notice avoids unnecessary work on a case by the court after the matter has already settled.
Normally a formal notice will be sent by chambers confirming settlement, and advising that counsel have 20 days to file a final Entry or stipulation of dismissal. In matters requiring approval from the Probate Court or other unusual circumstances, more time will be allotted. If the final Entry or stipulation is not timely received, the Court will dismiss the case from the active docket, pursuant to Local Rule 25.03.
XII. PHONE CALLS TO CHAMBERS
Once you have left a message on the Bailiff’s voice mail, please wait for a return call unless the matter is truly urgent.
If the Court is in trial or has a large docket, it may be a few days before you receive a return call. A Bailiff receives numerous calls on any given day, so please be patient. CALLING SEVERAL TIMES IS NOT NECESSARY. Frequently our Bailiff will be more readily available in the afternoon after 1:30 p.m.
XIII. MISCELLANEOUS MATTERS
A. Judge Frye does not favor “boilerplate” confidentiality/protective orders such as those that seek to place virtually all discovery material under some nondisclosure status, even when agreed upon by counsel. Counsel should recognize that material used for case-dispositive pretrial rulings or at trial is, ordinarily, a matter of public record. Furthermore, absent true trade secrets or other truly private material, the extra cost and delay involved in handling material under seal rarely is justified.
B. If in doubt about our procedures, please ask. In the long run you will probably avoid inconvenience for everyone involved. However, ex parte conversations with anyone on court staff must be limited to purely procedural matters.
C. While gifts at the Holidays are no doubt completely well intentioned they raise potential difficulties under ethics rules. To avoid such issues, please do not leave gifts for anyone in Courtroom 8A. |