|
Commencement of Action and General Procedures
|
|
Generally
|
Per civil rules and court rules.
|
|
Status Conferences
|
See pretrial. Policy concerning contacts with judge and law clerk/staff attorney. Open door policy, but please don't "crash" the bench
when court is in session.
|
|
Motions and Briefs
|
Extra copies are not required.
There are no special procedures. Motion practice in all cases conducted in as liberal a manner as practical with extensions granted for good cause.
Oral hearings are always granted.
|
|
Continuances
|
Extensions and continuances are liberally granted, but I
make every effort to terminate cases within the time guidelines of the Rules of Superintendence.
|
|
Civil Pretrial Procedures
|
|
Generally
|
Nothing out of the ordinary.
|
|
Pretrial conferences and orders
|
Conferences are held on every civil case on a separate date
prior to trial. All relevant issues are discussed, via telephone if necessary. Counsel should have
authority to act on behalf of their clients. Litigants need not be present, but should be within reach by phone. Further instructions are mailed in a "Pretrial Letter". Jury instructions are given if requested.
|
|
Criminal Pretrial Procedures
|
|
Pleas
|
Jury waiver form is used. Crim. R. 11 advisories are
addressed on each case. I accept nolo contendere or Alford pleas The prosecutor is free to make sentencing recommendation.
I feel free to impose any lawful sentence.
|
|
Pretrial conferences and orders
|
Criminal defendants are to be present. Counsel should
be prepared to discuss their case with the prosecutor and terminate it at pretrial if possible.
|
|
Trial
|
|
Generally
|
I enjoy conducting court in as relaxed an atmosphere as possible, keeping
in mind basic rules of fairness. Counsel are expected to be prepared and willing to discuss their matters with an eye towards efficient termination of cases. Every effort is made to adhere to
the rules of procedure and the law. A relaxed atmosphere is desirable. Few written documents are required, with jury instructions, if desired, being a major exception.
|
|
Trial Date
|
Defense counsel select a date at pretrial.
Continuances can be granted at any point.
|
|
Trial Schedule
|
We try to set no more than 20-25 juries per date.
|
|
Voir Dire
|
Counsel conducts voir dire without interference from the bench.
Peremptory challenge procedures are standard.
|
|
Decorum
|
Litigants,
witnesses and counsel are asked to be as respectful and decorous as possible. This is essential due to the sheer volume of cases in our court and number of persons in the courtroom. It is not necessary to conduct examination from the lectern. Participants should be
addressed formally. Permission is not needed to approach a witness. Counsel should dress professionally.
Defendants should be neat. Casual attire is fine.
|
|
Opening Statement
|
No time limits. Exhibits can be used in opening statements.
|
|
Stipulations
|
Varies.
|
|
Exhibits
|
Exhibits which are marked and discussed or admitted are to be maintained
by the court stenographer.
|
|
Experts
|
Qualifications are confirmed per Ohio Law.
|
|
Objections
|
Need to be timely made
|
|
Closing statements
|
Conference before summation is not required. No time limitations.
|
|
Jury procedures
|
The court will not require written documents, such as jury
instructions. However, if they are desired, that may be an exception to the rule. Jurors are not
permitted to take notes. Exhibits may be inspected by jurors at trial or in the jury room. The jury
is instructed by me, personally. Counsel is permitted to talk to jurors after the verdict
|