With preliminary injunctions, if there is an adequate remedy at law (i.e. money damages), then a request for a preliminary injunction is not appropriate. Counsel should be prepared to demonstrate proof of service of the complaint and proof of service of the motion for preliminary injunction, per Civil and Local Rules and as ordered by the Court.
II. Damages/Evidentiary Hearings
With damages hearings and all evidentiary hearings, please be prepared to have a knowledgeable witness present testimony and documentary evidence. Affidavits are only accepted upon a showing of hardship or unavailability of affiant. Please remember that the prevailing party has the burden of proof, even if you were granted a default judgment. The Ohio Rules of Evidence will be applied.
III. Request for Attorneys’ Fees
With a request for attorneys’ fees either pursuant to a contract or statute, member that a party seeking such an award has the burden of demonstrating the reasonable value of the services provided. Counsel should be prepared to present evidence that allows the Magistrate to make the required initial estimate of the fees and then consider the factors contained in Rule 1.5 of the Ohio Rules of Professional Conduct for modifying the initial calculation by applying these factors. See Hikmet v. Turkoglu, 10th Dist. No. 08AP-1021, 2009-Ohio-6477 and Bittner v. Tri-County Toyota, 58 Ohio St.3d 143, 145 (1991).
Mediation conference are done with instruction from the Judge assigned to the case or by agreement of parties and counsel. Mediation statements are not required, but if they are submitted hey will be reviewed by the Magistrate prior to the mediation. If the case involves an insurance claims adjustor or a corporate client, those representatives must be present with authority to settle. Participation via telephone will only be granted under exigent circumstances with prior approval of opposing counsel and the Magistrate.
Continuances are granted by the court and not by agreement of the parties. Approval of the referring Judge may be required for a continuance. Please do not wait until the last minute to request a continuance in order to avoid disruption to the court schedule.
VI. Evidence Cart and Video Playback
The evidence cart must be requested in advance. Please do not assume that equipment will be available for playing depositions. If a video deposition must be edited, you will need a videographer.
CONDUCT OF TRIALS
VII. Final Pre-Trial Conferences/Final Pre-Trial Orders
The Magistrate does not normally schedule a final pre-trial, but one can be scheduled upon request. Typically, a final pre-trial order will be issued by the Magistrate.
Please pre-mark exhibits with numbers for Plaintiff and letters for Defendant. Pursuant to section VII.D(3) and X.D of the Court’s Sixth Amended Administrative Order regarding the Electronic Filing of Court Documents dated May 6, 2015, the admitted exhibits are to be filed separately (electronically) with the Court by the respective parties who offered them into the evidentiary record. Pursuant to section XVII of the Sixth Amended Administrative Order, the electronic version of the admitted exhibits constitutes the official Court record.
IX. Jury Instructions
Please e-mail the Magistrate a version of the jury instructions in Word that can be edited. Counsel will be expected to work together to produce one set of jury instructions, with a list of any issues that cannot be resolved and proposed language/instructions.
X. Method for Voir Dire
The Magistrate will conduct a preliminary voir dire examination as set forth in R.C. 2313.42 and present a brief description of the case. Counsel/parties will then have a reasonable amount of time to conduct voir dire pursuant to Local Rule 27.13. Counsel/parties will voir dire the entire panel of eighteen jurors (not just the first 8 “in the box”) and then exercise challenges outside the presence of the panel.