Judge Greg S. Stephens
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Motion, Opposition, Reply Brief
Courtesy copies
Court-wideMotion
Court-wideMotion To Seal
Court-wide- Upon Filing
Adjournments
- Unless exceptional circumstances require otherwise, a continuance must be requested by written motion at least 10 days before the hearing.
Communication
Chambers
Page & Word Limits1 rule
All briefs and memoranda are limited to 15 pages unless leave is obtained sufficiently in advance; excess filings and last-minute leave motions will be stricken.
All briefs and/or memoranda are subject to the 15-page limit set forth in the Court’s Local Rules. The page limit shall not be exceeded without leave. Parties seeking leave shall do so sufficiently in advance of the motion/response/reply deadline to permit the Court to rule on the motion for leave to exceed the page limit before the deadline. Motions for leave to exceed the page limit instanter will be stricken from the docket, as will the proposed motion/response/reply that accompanies the motion to exceed. Any filing exceeding the page limit without leave will be stricken.
Brief And Memorandum
15 pages
Document Format Requirements5 rules
The text of a proposed order must be submitted as a Word document only.
The order shall be submitted with the motion via the e-filing system as an “ENTRY TO JUDGE” and shall comply with the requirements of Loc. R. 3.08(C), including but not limited to formatting text as a Word document only.
DOCX
The joint jury instructions, interrogatories, and verdict forms must be prepared in Microsoft Word format.
The parties shall confer and submit joint jury instructions, interrogatories and verdict forms electronically in Microsoft Word format, at least one week before trial.
DOCX
Each party's trial materials must be placed in a binder or cover and marked as Section G(7) requires.
Each party’s set of materials shall be placed in a binder or cover and shall be marked in accordance with Section G(7) herein.
Citations to unreported cases must use Westlaw citations; if none is available, the filer must attach a copy of the case, and noncompliance may result in the authority being disregarded.
Any citations to unreported case law must utilize Westlaw citations. If a Westlaw citation is not available, the filing party must attach a copy of the case. Failure to comply with this order may result in the Court not considering the cited authority.
Parties are requested to avoid extraneous formatting near a proposed order's signature line so that the judicial electronic signature token can be inserted.
The Court requests parties submitting proposed entries to refrain from using extraneous formatting at or near the signature line, such as embedded tables or text boxes, dual columns, permanently affixed lines, etc., which will complicate the insertion of a three- line, single-spaced electronic signature token for the judge or magistrate.
Document Filing Requirements30 rules
All trial counsel must file a notice of appearance unless their participation is limited solely to reports or other non-evidentiary hearings.
Consistent with Loc. R. 5.03, all trial counsel must file a notice of appearance. Attorneys or local counsel whose participation is solely limited to attendance at reports or other non-evidentiary hearings need not file a notice of appearance.
Document Type
Notice Of Appearance
Parties must disclose to opposing parties, by the dates in the scheduling order, the names of all trial expert witnesses.
Parties are ordered to reveal to opposing parties, by the dates specified in the scheduling order, the names of all expert witnesses to be called at trial.
Document Type
Expert Witness Disclosure
An expert may not be called to testify unless a written report is procured and provided to the opposing party.
A party may not call an expert witness to testify unless a written report has been procured from that witness and provided to opposing parties.
Document Type
Expert Report
A curriculum vitae must be provided for each expert witness together with the expert’s report.
Parties must also, along with a report, provide a curriculum vitae for each expert witness.
Document Type
Expert Curriculum Vitae
An expert’s report must state the expert’s opinion on every issue concerning which the expert will testify.
The report of an expert must reflect his or her opinion as to each issue subject of the expert’s testimony.
Document Type
Expert Report
An expert may not testify or offer an opinion on an issue that is not raised in the expert’s report.
An expert will not be permitted to testify or provide an opinion on any issue not raised in the report.
Document Type
Expert Report
Every motion must include a Civil Rule 5(B)(4)-compliant certificate of service or it may be stricken.
Any motion not including a certificate of service in compliance with Civ. R. 5(B)(4) may be stricken.
Document Type
Motion
A motion must be submitted as a separate motion and captioned as a motion.
All motions must be filed as motions and captioned as such.
Document Type
Motion
The proposed order must be electronically submitted with the motion as an ENTRY TO JUDGE and formatted as a Word document only.
The order shall be submitted with the motion via the e-filing system as an “ENTRY TO JUDGE” and shall comply with the requirements of Loc. R. 3.08(C), including but not limited to formatting text as a Word document only.
Document Type
Proposed Order
Every motion must include a proposed order unless the motion reasonably anticipates a written court decision.
All motions, except for those which reasonably anticipate a written decision by the Court, shall be accompanied by a proposed order.
Document Type
Motion
After completing mediation outside the court program, the parties must file a Notice of Compliance identifying the mediation date, mediator, and participating attorneys or parties.
If mediation is ordered but is completed via mediation other than through the Court’s mediation program, e.g., private mediation, an insurance company “settlement week”, etc., the parties shall file a “Notice of Compliance” following the mediation, verifying the date of the mediation, the name of the mediator(s) and the attorneys/parties participating.
Document Type
Notice Of Compliance
Each party must file a pretrial statement containing specified claims and defenses, admitted facts, disputed issues, witness and expert information, a categorized exhibit list, anticipated pretrial motions, special damages, trial-time estimates, and settlement-negotiation information.
Each party shall prepare and file with the Clerk of Courts a pretrial statement which shall contain the following: 7 ===== PAGE 8 ===== 1) A concise statement of its claims and defenses; 2) Those facts established by admissions in the pleadings, admissions by discovery, and stipulations of counsel; 3) The contested issues of fact; 4) The contested issues of law, with citations of authority for the party’s position; 5) The names of fact witnesses expected to testify, together with a brief statement of the subject matter of each witness’ testimony, and a brief summary of the anticipated testimony. 6) The names and qualifications of expert witnesses expected to testify, together with a brief statement of the subject matter of each witness’ testimony and a brief summary of the anticipated testimony. 7) A list of exhibits which each party intends to offer into evidence, marked as follows: (a) Joint exhibits marked with Roman numerals; (b) Plaintiff’s exhibits with Arabic numbers; (c) Defendant’s exhibits with letters; 8) Motions in limine or other pretrial motions pending or which are anticipated; 9) A list of all special damages being alleged; 10) Each party’s expectation of the trial time needed to present its side of the case; and 11) The status of settlement negotiations, including specific demands and/or offers. (Upon motion and leave, specific demands and/or offers may be excluded from filed documents but shall be included in the copy provided Judge to chambers as required, below).
Document Type
Pretrial Statement
For any issue tried to the court, each party must submit proposed findings of fact and conclusions of law in writing and electronically at least one week before trial.
In lieu of jury instructions, for any issue to be tried to the Court, each party shall submit to the Court, in writing and electronically, at least one week before trial, proposed findings of fact and conclusions of law.
Document Type
Proposed Findings Of Fact And Conclusions Of Law
If the parties cannot resolve all conflicts in the proposed jury materials, they must submit one reconciled redline version to the court by the stated deadline.
In the event the parties cannot resolve all conflicts on jury instructions/interrogatories and/or verdict forms, the parties shall submit a single, reconciled redline version of the proposed instructions, interrogatories and/or verdict forms to the Court by the stated deadline.
Document Type
Reconciled Redline Jury Materials
For each claim tried to the court, each party must electronically submit a written memorandum identifying the elements to be proved at least one week before trial.
For each claim to be tried to the Court, each party shall submit to the Court, in writing and electronically, at least one week before trial, a memorandum setting forth the elements to be proved to establish such claim.
Document Type
Claim Elements Memorandum
The parties must confer and electronically submit joint jury instructions, interrogatories, and verdict forms in Microsoft Word format at least one week before trial.
The parties shall confer and submit joint jury instructions, interrogatories and verdict forms electronically in Microsoft Word format, at least one week before trial.
Document Type
Joint Jury Instructions Interrogatories And Verdict Forms
Locally based insurance representatives appearing for a party must attend in person.
Local insurance representatives (i.e., those physically located in Butler, Hamilton, Clermont, Warren, Preble or Montgomery County) must appear in person.
Document Type
Pretrial And Settlement Conference Attendance
Trial counsel, all parties, and a person with settlement authority must personally attend the pretrial and settlement conference.
Trial counsel and all parties, including someone with settlement authority, shall be personally present at the pretrial and settlement conference.
Document Type
Pretrial And Settlement Conference Attendance
Post-trial briefs are prohibited unless the most extraordinary circumstances exist.
The Court will not permit, except in the most extraordinary circumstances, parties to submit post-trial briefs.
Document Type
Post Trial Brief
Every exhibit set, regardless of exhibit count, must include an index or table of contents prepared on the court's Itemized Evidence Inventory sheet.
All exhibits, no matter how few, must be accompanied by an index or table of contents, created using the Court’s Itemized Evidence Inventory sheet, which may be downloaded at https://commonpleascourt.bcohio.gov/court_forms.
Document Type
Exhibits
Each evidence or trial-material objection must state its grounds and include a brief citation of authority.
Objections shall include both the grounds for the objection and a brief citation of authority.
Document Type
Evidence Objections
Each party or its counsel must assemble all depositions, documents, photographs, and other items intended for use at trial.
Each party, or its counsel, shall assemble all depositions, documents, photographs and other items to be used at trial.
Document Type
Trial Materials
A motion or entry signed or submitted by counsel who has not filed a notice of appearance may be stricken or not considered.
Motions or entries signed/submitted by counsel who have not filed a notice of appearance may be stricken or not considered.
Document Type
Motion Or Entry
With prior court approval, corporate parties, insured parties, and qualifying insured parties may appear through specified representatives instead of the persons otherwise required to attend.
However, with prior leave of court: (1) a corporate party may appear through an officer or employee having knowledge of the subject matter of the case; (2) a party who is insured concerning the claim may appear through a claim representative from his or her liability carrier; and (3) in those instances when trial counsel can assure the Court that an out-of-town representative of an insurance carrier is available for immediate contact by telephone, the trial counsel for an insured party may appear for the party and the insurance carrier.
Document Type
Pretrial And Settlement Conference Attendance
Before trial, the parties are expected to have briefed the court on every legal issue related to the trial.
The Court expects the parties, before the trial, to have briefed the Court on all legal issues related to the trial.
Document Type
Pretrial Legal Issue Briefing
A notice of compliance with the expert-report exchange deadline is prima facie evidence that the report was provided.
A notice of compliance with the exchange deadline shall be deemed prima facie evidence that the report was provided.
Document Type
Notice Of Compliance
A healthcare-provider expert may testify and offer opinions about matters addressed in the provider’s relevant records.
An expert witness who has provided medical, dental, optometric, chiropractic, or mental health care may testify and offer opinions as to matters addressed in the healthcare provider’s records.
Document Type
Healthcare Provider Records
Relevant healthcare-provider records may replace a formal expert report when the records contain an adequate statement of the expert’s opinion and a separate report would be redundant.
The healthcare providers’ records relevant to the case may be provided in lieu of a formal written report, provided that the expert’s opinion is contained within the records, the records adequately set forth the expert’s opinion, and a formal written report would be redundant.
Document Type
Healthcare Provider Records
Expert reports do not need to be filed with the court.
Reports need not be filed.
Document Type
Expert Report
The Court appreciates but does not require a short memorandum with pertinent authorities when a party wishes to highlight a legal or evidentiary issue.
If there is a particular legal or evidentiary issue which any party wishes to bring to the Court’s attention, a short memorandum with pertinent cases attached is appreciated.
Document Type
Issue Memorandum
Filing & Service rules
Electronic Filing Rules
All entries and orders must be electronically filed and electronically served on the parties.
All entries and orders will be e-filed and served upon the parties electronically pursuant to Loc. R. 3.08(G)(2).
Page 1 | A. APPEARANCE BY COUNSEL – DUTY TO MONITOR THE DOCKET
A proposed order must be submitted electronically with the motion through the e-filing system as an ENTRY TO JUDGE.
The order shall be submitted with the motion via the e-filing system as an “ENTRY TO JUDGE” and shall comply with the requirements of Loc. R. 3.08(C), including but not limited to formatting text as a Word document only.
Page 7 | 5. Proposed Orders
The proposed findings and conclusions and the per-claim elements memoranda must be submitted electronically.
In lieu of jury instructions, for any issue to be tried to the Court, each party shall submit to the Court, in writing and electronically, at least one week before trial, proposed findings of fact and conclusions of law. For each claim to be tried to the Court, each party shall submit to the Court, in writing and electronically, at least one week before trial, a memorandum setting forth the elements to be proved to establish such claim.
Page 9 | J. ISSUES TRIED TO THE COURT
The parties must electronically submit the joint jury-trial materials at least one week before trial.
The parties shall confer and submit joint jury instructions, interrogatories and verdict forms electronically in Microsoft Word format, at least one week before trial.
Page 9 | I. JURY INSTRUCTIONS
Filing Timing and Cure Windows
Supplemental expert reports must be exchanged when received and in all events no later than 30 days before trial.
Supplemental reports must be exchanged upon receipt, but no later than 30 days before trial.
Page 3 | C. DISCLOSURE OF EXPERTS AND THEIR REPORTS
The written expert report must be supplied no later than 30 days after the expert-disclosure deadline.
The report must be supplied no later than 30 days after the deadline for the disclosure of the expert.
Page 3 | C. DISCLOSURE OF EXPERTS AND THEIR REPORTS
Supplemental expert reports are due no later than 30 days before trial unless good cause is shown.
Unless good cause is shown, all supplemental reports must be supplied no later than 30 days prior to trial.
Page 4 | C. DISCLOSURE OF EXPERTS AND THEIR REPORTS
All discovery, including depositions, must be completed by the discovery cutoff date provided in the scheduling order.
All discovery, including depositions, must be completed by the provided discovery cutoff date.
Page 4 | D. DISCOVERY CUTOFF DATE
The scheduling-order dates and deadlines in Sections C through G, and the trial date, may not be changed without leave of court.
However, none of the dates and deadlines set forth in Sections C through G of the scheduling order, as well as the trial date, may be altered without leave of court.
Page 4 | D. DISCOVERY CUTOFF DATE
A moving party’s reply is due no later than seven days after service of the response unless the court grants leave.
The moving party may reply to the response no later than 7 days after service of the response, unless otherwise granted by leave of court.
Page 4 | E. MOTIONS: 1. Deadlines and Extensions
A response to a motion other than a summary-judgment motion is due no later than 14 days after service unless leave to respond late is granted.
Responses to a motion (other than a motion for summary judgment) shall be filed no later than 14 days after service of the motion, unless leave to answer out of time is granted.
Page 4 | E. MOTIONS: 1. Deadlines and Extensions
A summary-judgment response is due no later than 28 days after service, and the reply is due no later than seven days after service.
Responses to motions for summary judgment shall be filed no later than 28 days from service, and replies to summary judgment motions shall be filed no later than 7 days from service.
Page 4 | E. MOTIONS: 1. Deadlines and Extensions
Failure to timely resubmit a corrected proposed order may result in denial of the associated motion.
Failure to timely resubmit a corrected proposed order may result in denial of the motion.
Page 7 | 5. Proposed Orders
The pretrial-statement deadline may not be extended without leave of court.
This deadline cannot be extended except by leave of court.
Page 8 | G. PRETRIAL STATEMENTS
The pretrial-statement deadline is 4:00 p.m. on the date specified in the scheduling order.
The pretrial statements shall be electronically delivered to the Court’s chambers via email to stephenscc@bcohio.gov no later than 4:00 p.m. on the date stated in the scheduling order.
Page 8 | G. PRETRIAL STATEMENTS
If the parties cannot resolve all conflicts in jury instructions, interrogatories, or verdict forms, they must submit one reconciled redline version to the Court by the stated deadline.
In the event the parties cannot resolve all conflicts on jury instructions/interrogatories and/or verdict forms, the parties shall submit a single, reconciled redline version of the proposed instructions, interrogatories and/or verdict forms to the Court by the stated deadline.
Page 9 | I. JURY INSTRUCTIONS
The proposed findings, conclusions, and per-claim elements memoranda are due at least one week before trial.
In lieu of jury instructions, for any issue to be tried to the Court, each party shall submit to the Court, in writing and electronically, at least one week before trial, proposed findings of fact and conclusions of law. For each claim to be tried to the Court, each party shall submit to the Court, in writing and electronically, at least one week before trial, a memorandum setting forth the elements to be proved to establish such claim.
Page 9 | J. ISSUES TRIED TO THE COURT
The joint jury instructions, interrogatories, and verdict forms are due at least one week before trial.
The parties shall confer and submit joint jury instructions, interrogatories and verdict forms electronically in Microsoft Word format, at least one week before trial.
Page 9 | I. JURY INSTRUCTIONS
Written objections to exhibits or other trial material must be filed by 4:00 p.m. on the scheduling-order date, with a contemporaneous copy delivered to chambers.
Objections to the admission of exhibits or to the use of other material must be made in writing and filed before 4:00 p.m. on the date indicated in the scheduling order, and a copy of the objections shall be contemporaneously delivered to the Court in chambers.
Page 10 | K. TRIAL MATERIALS EXCHANGE
Scheduling-order deadlines apply to motions filed on the last possible date, but the motion-response and reply deadlines stated in the standing order control when a motion is filed earlier.
The deadlines set forth in any scheduling order apply to motions which are filed on the last possible date. In the event of earlier filings, the deadlines herein are controlling.
Page 4 | E. MOTIONS: 1. Deadlines and Extensions
A proposed order that cannot be easily electronically signed may be rejected and returned for resubmission by the stated deadline.
Entries which cannot be easily electronically signed may be rejected through the e-filing system and returned with a deadline for resubmission.
Page 7 | 5. Proposed Orders
Motion practice is governed by Civil Rule 6(C)(1).
Motions shall be governed by Civil Rule 6(C)(1).
Page 4 | E. MOTIONS: 1. Deadlines and Extensions
Trial-perpetuation depositions may be taken after the discovery cutoff date.
Depositions taken for the purpose of perpetuation of testimony at trial may be taken after the cutoff date.
Page 4 | D. DISCOVERY CUTOFF DATE
All parties may change discovery, witness-disclosure, and expert-report exchange deadlines by agreed filing without filing a motion.
If all parties agree, discovery, witness disclosure and expert report exchange deadlines may be changed by agreed entry, without necessity of a motion.
Page 4 | D. DISCOVERY CUTOFF DATE
Service and Proof of Service Rules
All entries and orders must be served electronically on the parties.
All entries and orders will be e-filed and served upon the parties electronically pursuant to Loc. R. 3.08(G)(2).
Page 1 | A. APPEARANCE BY COUNSEL – DUTY TO MONITOR THE DOCKET
Hearing notices are mailed only to counsel who have filed a notice of appearance, and motions or entries submitted by counsel who have not done so may be stricken or disregarded.
However, hearing notices will be mailed only to counsel who have filed a notice of appearance. Motions or entries signed/submitted by counsel who have not filed a notice of appearance may be stricken or not considered.
Page 1 | A. APPEARANCE BY COUNSEL – DUTY TO MONITOR THE DOCKET
For timing purposes under these orders, motions are presumed served on the opposing party on the filing date.
For purposes of these orders, it will be assumed that motions will be served upon opposing parties the same date as filing.
Page 5 | 2. Service of Motions – Courtesy Copies
A party may not use the court's e-filing system to serve motions on other parties.
Pursuant to Loc. R. 3.08(G)(1), parties may not rely upon the Court’s e-filing system for service of motions upon other parties.
Page 5 | 2. Service of Motions – Courtesy Copies
A response or reply served after filing or solely by mail must state the service date in its caption when the party relies on the service date or the three additional days under Civil Rule 6(D), or the argument may be excluded as untimely.
A party who is not served on the date of filing, or who was served only by mail and wishes to calculate time based upon the date of service and/or the three additional days prescribed by Civ. R. 6(D) shall include the date of service in the caption of his or her response/reply. Failure to comply with this instruction may result in exclusion of an argument as untimely based upon filing date.
Page 5 | 2. Service of Motions – Courtesy Copies
A copy of written objections to exhibits or other trial material must be delivered contemporaneously to the court in chambers.
Objections to the admission of exhibits or to the use of other material must be made in writing and filed before 4:00 p.m. on the date indicated in the scheduling order, and a copy of the objections shall be contemporaneously delivered to the Court in chambers.
Page 10 | K. TRIAL MATERIALS EXCHANGE
Each party must deliver separate trial-material sets to opposing parties or counsel and to the court before 4:00 p.m. on the scheduling-order date.
Separate sets of materials shall be delivered to opposing parties, or their counsel, and to the Court before 4:00 p.m. on the date indicated in the scheduling order.
Page 10 | K. TRIAL MATERIALS EXCHANGE
Only orders whose nature requires service under the Rules of Civil Procedure will be served by mail.
Only orders required by their nature, as set forth in the Rules of Civil Procedure, will be served by mail.
Page 1 | A. APPEARANCE BY COUNSEL – DUTY TO MONITOR THE DOCKET
A hearing notice contained in an entry or order need not be separately mailed.
Entries/orders may contain hearing notices which may not be separately mailed.
Page 1 | A. APPEARANCE BY COUNSEL – DUTY TO MONITOR THE DOCKET
Courtesy Copy Requirements
A filing party must provide chambers an electronic courtesy copy by email for every motion and responsive or reply memorandum, and failure to do so may prevent the court from considering the filing's arguments.
The filing party shall also provide a courtesy copy to chambers, as stated in Local Rules, so that the Court is aware of the filing. A filing party bears the burden of responsibility for providing a courtesy copy and the failure to provide a courtesy copy may result in the Court not considering the arguments contained in the filing. A courtesy copy should be provided electronically, via email to stephenscc@bcohio.gov, rather than as a paper copy.
Page 5 | 2. Service of Motions – Courtesy Copies
Adjournment & Extension Requirements
A continuance will not be granted merely because of a scheduling conflict.
NO CONTINUANCES OF ANY SCHEDULED PROCEEDING WILL BE GRANTED DUE TO “SCHEDULING CONFLICT.”
Page 2 | B. HEARINGS AND CONTINUANCES – 2. Designation of Lead Counsel (Multiple Attorneys) – Use of Local Counsel
Unless exceptional circumstances require otherwise, a continuance must be requested by written motion at least 10 days before the hearing.
Unless exceptional circumstances require otherwise, all requests to continue hearings shall be made by written motion at least 10 days prior to the scheduled hearing date.
Page 2 | B. HEARINGS AND CONTINUANCES – 3. Continuances - Grounds
A continuance motion must certify that all appearing parties and counsel were contacted and state their consent position, or explain why contact was impossible.
Any Common Pleas Court Butler County, Ohio party or counsel filing a motion to continue shall certify that all other parties/counsel who have entered appearance have been contacted and whether they consent to the continuance, or shall state a reason why such contact was not possible.
Page 2 | B. HEARINGS AND CONTINUANCES – 3. Continuances - Grounds
A party requesting a continuance must notify all parties, including those who have not entered an appearance, before the hearing.
prior to a hearing, the requesting party is responsible for notifying all parties, whether they have entered appearance or not, of the continuance.
Page 3 | B. HEARINGS AND CONTINUANCES
The court will grant a continuance only when good cause is shown.
Continuances will only be granted for good cause shown.
Page 3 | B. HEARINGS AND CONTINUANCES
A motion to continue may be denied, and dismissal without prejudice may result, when a party is unprepared to conclude the case timely and the continuance would conflict with Supreme Court guidelines.
Parties who are unprepared to conclude their case in a timely manner may face denial of a motion to continue (even if unopposed) and dismissal without prejudice pursuant to Civ. R. 41(B) if a continuance will run contrary to Supreme Court guidelines.
Page 3 | B. HEARINGS AND CONTINUANCES
An extension will be denied if it would leave insufficient time to resolve the underlying motion before pretrial or trial.
Such motions will be denied if the Court determines an extension will leave insufficient time to resolve the motion prior to pretrial or trial.
Page 5 | 3. Motions to Extend Time or to Strike
A motion to extend a response, reply, or other deadline must be filed before the deadline and, except in extraordinary circumstances, state whether the opposing parties consent.
Motions for extension of time to respond/reply, or to extend any other deadline, must be filed prior to the deadline and (except due to extraordinary circumstances) must include whether the opposing parties consent to the extension.
Page 5 | 3. Motions to Extend Time or to Strike
Denial of an extension leaves the original deadline in force, and untimely filings may be stricken even when an extension was sought and denied.
Parties are cautioned that the denial of a motion for an extension leaves the original deadline intact and untimely filings may be stricken regardless of whether an extension was requested and denied.
Page 6 | 3. Motions to Extend Time or to Strike
If any appearing party or counsel does not consent, the continuance motion must say so, and the court may require a hearing before ruling.
If all such parties/counsel do not consent, the motion shall so state and the Court, at its discretion, may require a hearing prior to ruling on the motion to continue.
Page 2 | B. HEARINGS AND CONTINUANCES – 3. Continuances - Grounds
Failure to perfect service, ongoing settlement or loss-mitigation efforts, and previously nonexistent scheduling conflicts do not alone establish good cause for a continuance.
Good cause to continue a hearing shall not be found solely due to failure to perfect service, ongoing settlement discussions (including loss mitigation efforts in foreclosure cases) or scheduling conflicts which did not exist at the time the hearing was scheduled.
Page 3 | B. HEARINGS AND CONTINUANCES
A multi-attorney firm should make reasonable efforts to arrange alternate counsel coverage instead of moving for a continuance when counsel of record is unavailable.
In order for the efficient management of the Court’s docket in setting initial case management conferences, which are primarily for scheduling purposes, the Court expects that firms or law offices with multiple attorneys will make reasonable efforts to arrange for coverage by alternate in-house counsel or local counsel rather than moving for a continuance if counsel of record is unavailable.
Page 3 | B. HEARINGS AND CONTINUANCES
The court does not limit a case to one continuance and generally expects the initial scheduling order to be the only scheduling order issued.
The Court does not subscribe to a “one continuance” rule and, other than agreed modifications as set forth in Section D, below, expects that the first scheduling order be the only scheduling order issued in a case.
Page 3 | B. HEARINGS AND CONTINUANCES
Chambers Communication Rules
Pretrial statements must be emailed to the court's chambers by 4:00 p.m. on the date specified in the scheduling order.
The pretrial statements shall be electronically delivered to the Court’s chambers via email to stephenscc@bcohio.gov no later than 4:00 p.m. on the date stated in the scheduling order.
Page 8 | G. PRETRIAL STATEMENTS
If an initial scheduling order does not order mediation, the parties may request judge mediation by contacting chambers.
If mediation is not ordered in an initial scheduling order, the parties may request Judge mediation by contacting chambers.
Page 7 | F. MEDIATION