Practices

Commencement of Action and General Procedures

Motions and Briefs

The Franklin County Municipal Court, currently, has no mechanism for notifying magistrates of pending motions. As a result, magistrates usually see motions for the first time when a case is called for trial. Attorneys should deliver a copy of motions and all responses to the magistrate before the scheduled court date for review.

Continuances

The initial court date is set by the Clerk or the Small Claims Office.  Parties should seek the consent of all other parties before seeking a continuance. Agreed continuances will be freely granted.  Other continuance requests will be handled on a case by case basis.

Civil Pretrial Procedures

Settlement

Settlement is encouraged in all cases. Parties (clients) are generally much happier with a settlement they reach on their own (as a result of hard work by their attorneys)than they are with decisions imposed upon them by a court. I will provide any assistance possible to help parties reach a satisfactory settlement of a case, including arranging mediation services, which are available through the court.

Pretrial conferences and orders

Pretrials can be scheduled by agreement of the parties.

Trial

General

Trials are conducted in as relaxed a manner as possible.  Parties and counsel should explore all settlement options before trial.  The parties are encouraged to discuss their positions and exchange all documents and information before coming to court or at court before starting a trial.  Parties are encouraged to continue settlement discussions even after the start of the trial.

Decorum

Attorneys should conduct themselves professionally and civilly while zealously representing their clients.  Many people who appear before magistrates are unrepresented. This might be that person's first and only experience with the judicial system. All litigants are expected to be courteous and respectful.  Attorneys should always be aware of how their actions, speech, dress, attitudes, and other verbal and nonverbal conduct are perceived by the public. We all have an obligation to uphold the dignity of the judicial system and the legal profession.

Exhibits

It is helpful when the parties provide copies of the exhibits for the magistrate and the other parties.