Judge Nancy Margaret Russo
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Courtesy copies
- Upon Filing
Filings <= 5 pages
Filings > 5 pages
- Hand Delivery
- Hand Delivery • Upon Filing
- Upon Filing
JNOV Motions, Motion For New Trial Motions
Adjournments
- Requests to extend discovery, continue a settlement conference or final pretrial, or excuse attendance must be made by motion at least 14 days before the affected deadline or event.
- A request for telephonic appearance or absence from final pretrial must be supported by good cause and filed at least 14 days before final pretrial.
- A request to change, accelerate, or extend a scheduled deadline or date must be made by written motion showing good cause and delivered at least 14 days before the scheduled date or deadline.
- +4 more
- The court will not consider untimely requests to continue or excuse appearance absent an exigent circumstance or unforeseen emergency.
- The court will entertain oral motions for continuances, accelerations, or extensions only in emergencies or unusual situations.
- A trial continuance request must be signed by the client, comply with Local Rule 17, and include a copy of the postcard or docket setting the previously scheduled trial date.
- +5 more
Request must include
- A continuance motion must be filed at least seven days before the scheduled event, with a courtesy copy provided to the Court on the filing date.
- A motion requesting a continuance of a court date must be filed no later than seven days before the scheduled event.
- A motion to withdraw an order of sale must be filed at least seven days before the scheduled sale and clearly state a valid reason for the request.
- A hearing-date change or deadline extension must be requested by written motion, supported by an affidavit and proposed order, filed at least three business days in advance, and may not be requested by telephone or email.
Communication
Phone
Chambers
Phone
Clerk
Phone
Clerk
Fax
Chambers
Document Format Requirements3 rules
Any pleading exceeding five pages must be hand-delivered.
ANY PLEADING EXCEEDING 5 PAGES IS TO BE HAND-DELIVERED.
Facsimiles exceeding five pages will not be accepted.
FAXES IN EXCESS OF 5 PAGES WILL NOT BE ACCEPTED.
Exhibits must be marked before trial using party-specific numbering or lettering conventions and the applicable exhibit stickers.
Exhibits shall be marked before trial with exhibit stickers, which are available from the clerk, on request. The plaintiff shall mark exhibits with numbers, and the defendant shall mark exhibits with letters. If there are multiple parties, numbers or letters shall be used followed by the party's last name (i.e., "1 B Miller" or "A B Jones"). If the defendant has more than twenty-six (26) exhibits, double letters shall be used (i.e., "AA," "BB," "CC," etc.)
Document Filing Requirements45 rules
Plaintiff's counsel must prepare and submit proposed stipulations of undisputed facts to opposing counsel for use at trial and possible submission to the jury.
Counsel for the plaintiff shall prepare and submit by _________________________ to opposing counsel proposed stipulations as to undisputed facts for use at trial and submission to the jury in the event of a jury trial.
Document Type
Proposed Undisputed Facts Stipulation
Counsel must finalize and submit a signed stipulation of undisputed facts to the court or notify the court that no stipulations were reached.
Counsel shall then meet and put in final form the stipulation as to undisputed facts, reserving any objections as to relevancy, and submit the signed stipulation to the Court, or notify the Court of the absence of stipulations,
Document Type
Signed Undisputed Facts Stipulation Or Notice
Opposing counsel must identify any agreement or disagreement with the proposed stipulation and notify plaintiff's counsel of additions, deletions, or objections by the stated deadline.
Opposing counsel shall add to and note disagreement, if any, with the proposed stipulation and to so notify counsel for the plaintiff as to proposed additions, deletions or objections by ______________________________.
Document Type
Response To Proposed Undisputed Facts Stipulation
Trial briefs in jury cases must include proposed jury instructions and case-related jury interrogatories.
In a jury case, trial briefs also shall include proposed jury instructions and jury interrogatories particularly relative to the case.
Document Type
Trial Brief
In a bench trial, counsel must submit proposed findings of fact and conclusions of law in addition to the required trial briefs.
In a bench trial, counsel shall submit Proposed Findings of Fact and Conclusions of Law in addition to Trial Briefs as required in #3 above.
Document Type
Proposed Findings Conclusions
A complete trial brief must include the factual statement, controlling-law discussion, proposed-witness list and descriptions, proposed-exhibit index and descriptions, and likely evidentiary issues.
A complete trial brief includes: (a) a statement of the facts, (b) a discussion of the controlling law, (c) a list of proposed witnesses along with a brief description of the subject matter of the testimony of each witness, (d) an index of all proposed exhibits containing a brief description of each exhibit, and (e) a discussion of any evidentiary issues likely to arise at trial.
Document Type
Trial Brief
Counsel must submit specific proposed jury instructions for every claim, counterclaim, and cross-claim in the pleadings.
However, counsel are required to submit specific proposed jury instructions for each claim, counterclaim and/or cross-claim contained in the pleadings.
Document Type
Jury Instructions
Before trial, counsel must meet, identify all agreed and disputed jury instructions, and submit both on a disc in Word format on the morning of trial.
COUNSEL ARE ORDERED TO MEET BEFORE TRIAL DATE AND IDENTIFY ALL JURY INSTRUCTIONS THAT ARE AGREED AND ALL IN DISPUTE AND TO SUBMIT BOTH ON DISC IN “WORD” FORMAT ON THE MORNING OF TRIAL.
Document Type
Jury Instructions
Counsel must identify stipulated jury instructions in the trial briefs.
Counsel to identify stipulated jury instructions with the trial briefs.
Document Type
Trial Brief
Traditional or boilerplate jury instructions may not be submitted.
Traditional or boilerplate jury instructions ARE NOT TO BE PROVIDED.
Document Type
Jury Instructions
A motion for protective order must include a statement reciting the efforts made to resolve the discovery matter.
Any Motion for Protective Order must also contain a statement reciting the efforts made to resolve the matter.
Document Type
Protective Order Motion
Plaintiff's attorney must present proof of service, consisting of a certified docket copy showing proof of service.
1. Proof of service, i.e., certified copy of docket showing proof of service;
Document Type
Default Judgment Hearing
Plaintiff's attorney must present a prepared Judgment Entry stating the exact amount sought.
4. A prepared Judgment Entry containing the exact amount sought; and
Document Type
Proposed Order
Plaintiff's attorney must present documentation supporting damages, such as bills, invoices, or checks.
3. Documentation of damages – bills, invoices, checks, etc.;
Document Type
Default Judgment Hearing
Plaintiff's attorney must present a copy of the letter notifying Defendant of the hearing and that judgment may be rendered.
5. A copy of letter sent to Defendant providing notification of hearing and the fact that there may be a judgment rendered against Defendant.
Document Type
Letter
Plaintiff's attorney must present an affidavit or other proof of damages at the default hearing.
2. Affidavit or proof of damages;
Document Type
Default Judgment Hearing
The settlement-demand letter must summarize supporting evidence and legal principles, explain anticipated liability and relief, state the demand, and explain and itemize the damages supporting it.
a brief summary of the evidence and legal principles, which the plaintiff asserts supports the liability of the defendant(s); a brief explanation of why plaintiff will prevail at trial, and why damages or other relief will be awarded at the conclusion of trial; the settlement demand; and a brief explanation of the rationale behind the demand, including an itemization of damages.
Document Type
Settlement Demand Letter
A motion requesting a trial expert must affirmatively state that the intended expert will be available on the already scheduled trial date.
Should counsel request an expert at trial, the motion must contain an affirmative statement that the expert intended for hire will be available for the trial date already set.
Document Type
Expert Request Motion
A protective-order motion must include a statement describing the efforts made to resolve the discovery matter.
Any motion for protective order must also contain a statement reciting the efforts made to resolve the matter.
Document Type
Protective Order Motion
The responsive settlement letter must identify agreed and disputed points, state an offer, and explain and itemize the damages underlying it.
any points in plaintiff(s) letter with which the defendant(s) agree; any points in plaintiff(s) letter with which the defendant(s) disagree; a settlement offer; and a brief explanation of the rationale behind the offer including an itemization for each component of damages identified by the plaintiff.
Document Type
Settlement Offer Response
In specified foreclosure cases, the plaintiff must complete the court-prescribed Residential Property Status Report with a recent color photograph and file and hand-deliver it to courtroom 18-C on the filing date.
In a Bank Foreclosure Case or a Condominium Lien Foreclosure Case or a Home Owner’s Association Case, within 20 days of filing the complaint, the plaintiff shall complete a Residential Property Status Report on a form prescribed by the court. Said form requires the submission of a recent color photograph of the subject property. Said form is to be filed and hand-delivered to court room 18-C on the date of filing.
Document Type
Residential Property Status Report
A motion to withdraw an order of sale that references a specified settlement must attach proof of that settlement to the motion.
Motions to Withdraw an Order of Sale that make reference to a forbearance agreement, loan modification, payment plan, reinstatement, payoff or any other similar settlement, must have proof of same attached to the motion.
Document Type
Motion To Withdraw Order Of Sale
Every Rule 41(a) notice of dismissal or motion to dismiss must include an affidavit stating whether a specified settlement with the defendant exists.
All 41(A) notices of dismissal or motions to dismiss filed with the court must have attached to them an affidavit indicating if any forbearance agreement, loan modification, payment plan, reinstatement, payoff or any other similar settlement with the defendant exists or not.
Document Type
Notice Of Dismissal Or Motion To Dismiss
A motion to appoint a special process server must include a proposed order for the court’s review and signature rather than a separately submitted proposed order.
Motions to appoint special process servers must have a proposed order attached to the motion for the court's review and signature.
Document Type
Motion To Appoint Special Process Server
A motion to vacate a sale must state a valid reason and, when it references a specified settlement, attach proof of that settlement.
Motions to Vacate Sale must also clearly state a valid reason. Motions to Vacate Sale that make reference to a forbearance agreement, loan modification, payment plan, reinstatement, payoff or any other similar settlement, must also have proof of same attached to the motion.
Document Type
Motion To Vacate Sale
In a bank foreclosure case, the bank must be able to prove to the court that it holds both the mortgage and the note.
In a Bank Foreclosure Case, the bank must be able to prove to the court that it holds the mortgage and the note.
Document Type
Mortgage And Note Proof
A motion to reactivate a bankruptcy-stayed case must include a copy of the bankruptcy docket.
Counsel must attach a copy of the bankruptcy docket to his or her motion to reactivate a case.
Document Type
Motion To Reactivate Case
Every notice of bankruptcy filed with the court must have a copy of the bankruptcy docket attached.
Notices of Bankruptcy filed with the court must have attached to them a copy of the bankruptcy docket.
Document Type
Notice Of Bankruptcy
A motion to withdraw an order of sale must include an attached proposed order for the court’s review and signature.
Motions to Withdraw an Order of Sale must have a proposed order attached to the motion for the court's review and signature.
Document Type
Motion To Withdraw Order Of Sale
A proposed order must accompany a motion for summary judgment or default judgment and be submitted for the Judge’s signature; a Magistrate’s Decision instead will be stricken.
15. A proposed order must be submitted with a Motion for Summary Judgment or a Motion for Default Judgment, and is to be submitted for signature by the Judge, rather than as a Magistrate’s Decision. If a Magistrate’s Decision is submitted it will be stricken.
Document Type
Motion
Reply briefs are prohibited unless the court grants leave.
16. No Reply Briefs are permitted absent leave of court.
Document Type
Reply Brief
Tax Certificate and Tax Foreclosure cases require a proposed Magistrate’s Decision, and failure to submit it may result in dismissal without prejudice.
18. Tax Certificate and Tax Foreclosure Cases will be handled by Magistrate John Dyke. A proposed Magistrate’s Decision is required here. Failure to submit said decision may result in a dismissal without prejudice.
Document Type
Proposed Magistrates Decision
A request for pro hac vice admission must be made by written motion.
1) REQUEST MUST BE MADE BY WRITTEN MOTION;
Document Type
Motion
The pro hac vice motion must include the movant attorney's affidavit affirmatively stating that no grievance or disciplinary action is pending in any jurisdiction.
B. AN AFFIDAVIT FROM THE MOVANT ATTORNEY, AFFIRMATIVELY STATING THAT HE/SHE DOES NOT HAVE ANY PENDING GRIEVANCE OR DISCIPLINARY ACTIONS IN ANY JURISDICTION;
Document Type
Motion
The pro hac vice motion must include the movant attorney's affidavit affirming familiarity with applicable local and Ohio rules and the Ohio Code of Professional Responsibility, and agreement to be bound by them.
C. AN AFFIDAVIT FROM THE MOVANT ATTORNEY, AFFIRMATIVELY STATING THAT HE/SHE WILL FAMILIARIZE HIMSELF/HERSELF WITH THE LOCAL RULES OF COURT, ALL OHIO RULES OF COURT THAT ARE APPLICABLE AND THE OHIO CODE OF PROFESSIONAL RESPONSIBILITY, AND THAT THE ATTORNEY AGREES TO BE BOUND BY THE SAME;
Document Type
Motion
The pro hac vice motion must include an affidavit identifying the number of prior Ohio state-court pro hac vice requests and providing each request's full caption, case number, court, and date.
D. AN AFFIDAVIT FROM THE MOVANT ATTORNEY, SETTING FORTH THE NUMBER OF CASES IN WHICH HE/SHE HAS PREVIOUSLY REQUESTED TO BE ADMITTED PRO HAC VICE IN ANY STATE COURT IN OHIO, AND SETTING FORTH THE FULL CAPTION, CASE NUMBER, AND COURT IN WHICH THE REQUEST WAS MADE, AND THE DATE OF EACH SAID REQUEST.
Document Type
Motion
The pro hac vice motion must include a certificate of good standing from the highest court of the attorney's registering state.
A. A CERTIFICATE OF GOOD STANDING FROM THE HIGHEST COURT OF THE STATE WHERE THE ATTORNEY IS REGISTERED;
Document Type
Motion
The Plaintiff’s attorney must file a prepared Judgment Entry stating the exact amount sought.
A prepared Judgment Entry containing the exact amount sought;
Document Type
Default Judgment Motion
The Plaintiff’s attorney must file an affidavit or proof of damages for the default hearing.
Affidavit or proof of damages;
Document Type
Default Judgment Motion
The Plaintiff’s attorney must file documentation supporting the damages, such as bills, invoices, or checks.
Documentation of damages – bills, invoices, checks, etc.;
Document Type
Default Judgment Motion
The Plaintiff’s attorney must file evidence of the defendants’ military service status under the Servicemembers’ Civil Relief Act.
Evidence of military service status of Defendant(s) pursuant to the Servicemembers’ Civil Relief Act; and
Document Type
Default Judgment Motion
A pro se litigant must submit a proposed order with every motion.
For all motions filed by a pro se litigant, the litigant must also submit a proposed order.
Document Type
Motion
The clerk is directed to strike a motion if the filing party does not submit a proposed order.
If a party does not submit a proposed order with its motion, the clerk is directed to strike the motion.
Document Type
Motion
The Residential Property Status Report must include a certification that the information is accurate and true to the best of the filer's knowledge.
I certify that the information contained herein is accurate and true, to the best of my knowledge.
Document Type
Residential Property Status Report
The standing order states that pro se litigants are not required to file proposed orders.
No pro se litigant shall be required to file a proposed order.
Document Type
Proposed Order
Filing & Service rules
Electronic Filing Rules
Pro se litigants must electronically file motions and responses through the e-filing system.
Litigants shall electronically file motions and responses using the e-filing system.
Page 2 | Electronic Filing
Paper copies of pleadings may be submitted to the clerk's office when e-filing is unavailable.
If e-filing is not available, paper copies of pleadings may be submitted to the clerk's office.
Page 2 | Electronic Filing
Filing Timing and Cure Windows
A jury-waiver request must be filed and served on opposing counsel and the court at least 14 days before trial.
Any request for a jury waiver must be filed and served upon opposing counsel and the court no less than 14 days before trial.
Page 5 | TRIAL PREPARATION
Motions in limine and motions to admit must be filed at least seven days before trial and hand-delivered to the court and opposing counsel on the filing date.
Motions in Limine or Motions to Admit must be filed with the Court no less than seven (7) days before trial, and service copies are to be hand-delivered to the Court and opposing counsel on the day of filing.
Page 5 | MOTIONS IN LIMINE
Complete trial briefs must be filed with and delivered to the court by noon on the date specified in the order.
Complete trial briefs shall be filed and delivered to the Court by noon on ____________________________________.
Page 5 | TRIAL BRIEFS / JURY INSTRUCTIONS / INTERROGATORIES
Any response to a motion in limine or motion to admit must be filed and hand-delivered to the court and opposing counsel at least four days before trial.
Responses, if any, must be filed, and hand-delivered to the Court and opposing counsel no less than 4 days before trial.
Page 5 | MOTIONS IN LIMINE
A party asserting an intention to use videotaped testimony must file any index of objections at least three working days before trial.
Further, when a party timely asserts its intention to use videotaped testimony at trial, this Court requires the filing of an index of objections, if any, at least three (3) working days before trial.
Page 6 | VIDEO DEPOSITIONS / READING DEPOSITIONS INTO EVIDENCE
The deposition transcript underlying intended videotaped testimony must be filed with the court at least three working days before trial.
If any party intends to use videotaped testimony at trial, the corresponding deposition transcript upon which this videotaped testimony is based must be filed with the Court at least three (3) working days before trial.
Page 6 | VIDEO DEPOSITIONS / READING DEPOSITIONS INTO EVIDENCE
The court must be notified of dismissal or settlement before 3:00 P.M. on the date trial briefs are due if the briefs are not filed.
If trial briefs are not filed on date due, and this Court is not notified of dismissal or settlement before 3:00 P.M. on the date trial briefs are due, fines and sanctions may be imposed pursuant to an Order to Show Cause and subsequent finding of contempt.
Page 7 | TRIAL ORDER
A party that did not timely receive discovery must move to exclude the evidence within three working days after the discovery cutoff.
Any party who has not timely received discovery, within the confines of this order is ordered to file the appropriate motion with the court to exclude evidence, and said motion is to be made within 3 working days of the passage of the cutoff.
Page 1 | Discovery cutoff - criminal
The criminal discovery cutoff is seven days before the final pretrial, and all parties must exchange all related discovery by that date.
The court sets the discovery cutoff date 7 days prior to the final pre-trial date. All parties are ordered that they are to exchange all discovery related to this case by this date
Page 1 | Discovery cutoff - criminal
A written motion to extend the criminal discovery deadline must be filed at least three working days before the cutoff.
Any motion to extend the discovery deadline is to be made in writing no less than 3 working days before the discovery cutoff.
Page 1 | Discovery cutoff - criminal
All criminal discovery must be completed before the final pretrial date.
All discovery is to be completed before the final pretrial date.
Page 1 | Standing orders – criminal
A motion to excuse in-person attendance or request appearance by phone must be filed at least seven days before the scheduled event and state a valid reason.
Failure of any party’s counsel or pro se party to appear in person at a court date, without prior permission of the court excusing attendance, may result in the court dismissing one’s claims with or without prejudice or rendering judgment against a party or sanctions including contempt. Motions excusing attendance or to appear by phone must be filed at least 7 days in advance of the scheduled event and must clearly state a valid reason for the request.
Page 1 | Judge Nancy Margaret Russo – Standing Orders for Foreclosure Cases
The plaintiff must notify the court within 14 days after entering a forbearance agreement, loan modification, payment plan, or similar settlement, whether before or after judgment.
In the event the debtor enters into a forbearance agreement, loan modification, payment plan or any other similar settlement with the plaintiff, whether it is before judgment or after judgment, the plaintiff must notify the court of said agreement within 14 days of entering such an agreement.
Page 1 | Judge Nancy Margaret Russo – Standing Orders for Foreclosure Cases
After a foreclosure judgment or decree, the plaintiff must provide the clerk or sheriff with all documents necessary to trigger the property sale within 30 days after judgment.
In the event the court awards plaintiff with a judgment and/or decree of foreclosure, plaintiff is ordered to provide the clerk and/or sheriff with all necessary documents to trigger the sale of the within property within 30 days of the date of the court's judgment.
Page 2 | Judge Nancy Margaret Russo – Standing Orders for Foreclosure Cases
If the property remains unsold, the plaintiff must file a subsequent praecipe for sale within 30 days after the sheriff reports the property unsold, repeating the process until sale, good cause, and docketed entry.
If the property is unsold, plaintiff will be required to file a subsequent praecipe for sale, within 30 days after the sheriff’s return reporting the property as unsold, until the property is sold or good cause is shown and the court dockets such an entry.
Page 2 | Judge Nancy Margaret Russo – Standing Orders for Foreclosure Cases
A bankruptcy notice must include a copy of the bankruptcy docket, and the court must be notified within 15 days after the automatic stay is lifted through a properly filed reactivation motion stating the lift date.
Notices of Bankruptcy filed with the court must have attached to them a copy of the bankruptcy docket. Cases stayed due to bankruptcy may be returned to the active docket only upon a properly filed motion that states the date on which the automatic stay was lifted. Court to be notified of the lifting of a bankruptcy stay within 15 days of same.
Page 2 | Judge Nancy Margaret Russo – Standing Orders for Foreclosure Cases
A defendant intending to pursue loss mitigation must submit a complete loss mitigation packet to the plaintiff or loan servicer within 60 days after the complaint is filed.
17. In the event the defendant intends to pursue loss mitigation, he or she must submit a complete loss mitigation packet to the plaintiff or loan servicer within 60 days of the filing of the complaint.
Page 3 | Judge Nancy Margaret Russo – Standing Orders for Foreclosure Cases
For all default hearings, the Plaintiff’s attorney must file the listed materials with the Clerk at least seven days before the hearing.
For all default hearings, the Plaintiff’s attorney is required to file the following with the Clerk no less than 7 days before the scheduled hearing date:
Page 1 | Default Hearing Requirements
A filer must correct and refile a rejected filing within seven calendar days.
Whenever a filing is rejected, the filer has seven (7) calendar days to correct the error and refile.
Page 2 | Electronic Filing
Service and Proof of Service Rules
The motion must be served on the Court and opposing counsel when it is filed.
Further, the Court orders that said Motion must be served upon the Court and opposing counsel on the date of filing.
Page 1 | PT/CMC held
At least 7 days before final pretrial, defendant’s counsel must fax plaintiff’s counsel and the Court a responsive letter identifying agreements and disagreements, stating a settlement offer, and explaining the offer with an itemization of each damages component.
Defendant(s) counsel is ordered to serve upon plaintiff(s) counsel and the Court via fax at (216) 348-4036 no less than 7 days before the final pretrial, to-wit: on or before ___________________________, a responsive letter which states the following:
Page 2 | EXCHANGE OF DEMAND AND OFFER
At least 14 calendar days before final pretrial, plaintiff’s counsel must fax defendant’s counsel and the Court a settlement-demand letter containing the required liability summary, prevailing-case rationale, demand, and damages rationale with itemization.
Therefore, Plaintiff’s counsel is ordered to serve upon defendant(s) counsel and the Court via fax at (216) 348-4036, no less than 14 calendar days before the final pretrial, to- wit: on or before__________________________________, a letter which contains the following:
Page 2 | EXCHANGE OF DEMAND AND OFFER
Documents, briefs, and motions must be hand-delivered to the court and hand-delivered or faxed to opposing counsel on the day of filing, with the same filing made with the clerk; time limits are calculated on a calendar-day basis unless otherwise stated.
All time limitations are calculated on a calendar-day basis unless otherwise noted and all documents, briefs, motions, etc. referred to in this Order are to be hand-delivered to the Court and hand- delivered or faxed to opposing counsel on the day of filing same with the Clerk.
Page 4 | TRIAL ORDER
Counsel must exchange trial briefs with opposing counsel.
(Counsel are required to exchange trial briefs with opposing counsel.)
Page 5 | TRIAL BRIEFS / JURY INSTRUCTIONS / INTERROGATORIES
Any response must be hand-delivered to the court and opposing counsel at least four days before trial.
Responses, if any, must be filed, and hand-delivered to the Court and opposing counsel no less than 4 days before trial.
Page 5 | MOTIONS IN LIMINE
A jury-waiver request must be served on opposing counsel and the court at least 14 days before trial.
Any request for a jury waiver must be filed and served upon opposing counsel and the court no less than 14 days before trial.
Page 5 | TRIAL PREPARATION
Copies of motions in limine and motions to admit must be hand-delivered to the court and opposing counsel on the filing date.
Motions in Limine or Motions to Admit must be filed with the Court no less than seven (7) days before trial, and service copies are to be hand-delivered to the Court and opposing counsel on the day of filing.
Page 5 | MOTIONS IN LIMINE
A party intending to use videotaped testimony must simultaneously notify opposing counsel by hand-delivery or fax.
In addition, the party intending to use videotaped testimony at trial must simultaneously notify opposing counsel of his/her intention to do so by hand- delivery or fax.
Page 6 | VIDEO DEPOSITIONS / READING DEPOSITIONS INTO EVIDENCE
A party planning to read a deposition into evidence must deliver a copy to Judge Russo's bailiff at the specified Justice Center location no later than three working days before trial.
any party who plans to read a deposition into evidence shall serve this Court with a copy of said deposition transcript by delivering a copy of same directly to Judge Russo's Bailiff on the 18th floor of the Justice Center within three (3) working days before trial.
Page 6 | VIDEO DEPOSITIONS / READING DEPOSITIONS INTO EVIDENCE
Counsel must simultaneously notify opposing counsel by fax or hand-delivery when submitting a deposition transcript for reading into evidence.
Counsel shall simultaneously notify opposing counsel by fax or hand-delivery.
Page 6 | VIDEO DEPOSITIONS / READING DEPOSITIONS INTO EVIDENCE
One copy of all exhibits must be furnished to the court and opposing counsel by the date specified in the order.
One (1) copy of all exhibits shall be furnished to the Court and to opposing counsel by_______________.
Page 6 | EXHIBITS
The motion must be served on the Court and opposing counsel on the filing date, and service may be completed by faxing a time-stamped copy to both.
2. Further, the Court orders that said Motion must be served upon the Court and opposing counsel on the date of filing. Counsel may perfect this service by faxing a time-stamped copy of the motion to the Court and opposing counsel.
Page 12 | Scheduling and Requests for Extensions or Continuances
Until further notice, USPS certified mail is acceptable only when the return contains a clear, legible signature as determined by the Court.
UNTIL FURTHER NOTICE, UNITED STATES POSTAL SERVICE CERTIFIED MAIL IS NO LONGER AN ACCEPTABLE MEANS OF SERVICE UNLESS THE CERTIIFED MAIL RETURN CONTAINS A CLEAR, LEGIBLE SIGNATURE, AS DETERMINED BY THE COURT.
Page 1 | Notice to All Counsel Regarding USPS Service in Civil & Foreclosure Cases/Change to Standing Order
Plaintiff's counsel must serve the required settlement-demand letter on defendant's counsel two weeks before the final pretrial.
Two weeks before the final pretrial, plaintiff's counsel is ordered to serve upon defendant(s) counsel, a letter which contains the following:
Page 1 | Exchange of Demand and Offer
Opposing counsel must receive protective-order and motion-to-quash papers by filing date, with delivery permitted by hand or fax during normal working hours.
Further, written motions for protective orders and/or motions to quash must be timely filed with a courtesy copy hand-delivered or faxed to the Court and opposing counsel during normal working hours, on the date of filing.
Page 1 | Protective Orders/Motions to Quash
Pending further notice, service may be completed by publication, an approved special process server, completed or refused-then-mailed FedEx, sheriff service, Secretary of State service, or a party or counsel waiver.
THE COURT FINDS THE FOLLOWING METHODS OF SERVICE ARE ACCEPTABLE AND PARTIES WISHING TO PERFECT SERVICE MAY DO SO UNDER THE APPLICABLE CIVIL RULE: 1. PUBLICATION 2. SPECIAL PROCESS SERVER (PRE-APPROVED BY JUDGE RUSSO) 3. FEDERAL EXPRESS (COMPLETED) 4. FEDERAL EXPRESS (REFUSED THEN REGULAR MAIL) 5. SHERIFF SERVICE 6. SECRETARY OF STATE SERVICE 7. A PARTY WAIVES SERVICE 8. COUNSEL WAIVES SERVICE
Page 1 | Notice to All Counsel Regarding USPS Service in Civil & Foreclosure Cases/Change to Standing Order
Defendant's counsel must serve the required responsive settlement letter on plaintiff's counsel one week before the final pretrial.
One week before the Final Pretrial, Defendant(s) counsel is ordered to serve upon plaintiff(s) counsel, a responsive letter which states the following:
Page 1 | Exchange of Demand and Offer
A missing or unclear signature, scribbled or COVID-marked return, signature stamp, or printed first and last name does not constitute good service; the plaintiff must reattempt service or face dismissal for failure to prosecute.
IN INSTANCES WHERE THE COURT CANNOT DISCERN A CLEAR, LEGIBLE SIGNATURE OR IF THE CERTIFIED MAIL RETURN IS "SCRIBBLED" OR MARKED "COVID 19" OR IS "STAMPED WITH A SIGNATURE" OR CONTAINS A "PRINTED FIRST INITIAL AND PRINTED LAST NAME," THE COURT WILL INDICATE THAT THIS IS NOT GOOD SERVICE AND PLAINTIFF MUST RE-ATTEMPT SERVICE OR FACE DISMISSAL FOR FAILURE TO PROSECUTE.
Page 1 | Notice to All Counsel Regarding USPS Service in Civil & Foreclosure Cases/Change to Standing Order
Service of the complaint must be made on each defendant within six months after filing the complaint or amended complaint, or the case may be dismissed without prejudice as to that defendant.
Pursuant to Civil Rule 4(E), if service of the complaint is not made upon a defendant within six months after the filing of the complaint, or amended complaint (if applicable), a case shall be dismissed as to that defendant without prejudice.
Page 1 | Judge Nancy Margaret Russo – Standing Orders for Foreclosure Cases
Before attempting service by a special process server, a party must first file a separate motion seeking appointment of the server directly with Judge Nancy Margaret Russo.
Parties wishing to perfect service by special process server in any given case must first file a separate motion to appoint a special process server directly with Judge Nancy Margaret Russo.
Page 2 | Judge Nancy Margaret Russo – Standing Orders for Foreclosure Cases
Until further notice, Certified Mail is not acceptable for service unless the return contains a clear, legible signature as determined by the court.
Until further notice, United States Postal Service Certified Mail is no longer an acceptable means of service unless the Certifed Mail return contains a clear, legible signature, as determined by the court.
Page 3 | Judge Nancy Margaret Russo – Standing Orders for Foreclosure Cases
The court accepts publication, an approved special process server, completed or refused-then-regular-mail Federal Express, sheriff service, Secretary of State service, party waiver, and counsel waiver as methods for perfecting service.
The court finds the following methods of service are acceptable and parties wishing to perfect service may do so under the applicable Civil Rule: 1. Publication 2. Special Process Server (preapproved by Judge Russo, See Standing Order #13) 3. Federal Express (completed) 4. Federal Express (refused then regular mail) 5. Sheriff Service 6. Secretary of State Service 7. A party waives service 8. Counsel waives service
Page 3 | Judge Nancy Margaret Russo – Standing Orders for Foreclosure Cases
A Certified Mail return that lacks a clear, legible signature, is scribbled, marked “Covid 19,” stamped with a signature, or contains only a printed first initial and last name is not good service, requiring the plaintiff to retry or face dismissal for failure to prosecute.
In instances where the court cannot discern a clear, legible signature or if the Certified Mail return is "scribbled" or marked "Covid 19" or is "stamped with a signature" or contains a "printed first initial and printed last name," the court will indicate that this is not good service and plaintiff must re-attempt service or face dismissal for failure to prosecute.
Page 4 | Judge Nancy Margaret Russo – Standing Orders for Foreclosure Cases
At the hearing, the Plaintiff must provide proof that the defendants’ service address is valid.
Plaintiff is required to provide proof at the time of hearing that the address where Defendant(s) has been served is a valid address.
Page 1 | Default Hearing Requirements
The Plaintiff’s attorney must file an affidavit of service or proof of service on the defendants for the complaint.
Affidavit of service or proof of service to the Defendant(s) of the complaint;
Page 1 | Default Hearing Requirements
The Plaintiff’s attorney must file proof of service on the defendants that includes the notice address and states the hearing information and possibility of judgment.
Proof of service to the Defendant(s), including the address to which the notice was sent, providing notification of the hearing date, time, and location, and the fact that there may be a judgment rendered against Defendant(s).
Page 1 | Default Hearing Requirements
Each pro se litigant is responsible for obtaining copies of all documents filed in the case.
The litigant is responsible for obtaining copies of all documents filed in this case.
Page 2 | Service
Counsel may perfect service by faxing a time-stamped motion to the Court at 216-348-4036 and opposing counsel on the filing date.
Counsel may perfect this service by faxing a time-stamped copy of the motion to the Court (216-348-4036) and opposing counsel on the date of filing.
Page 1 | Settlement Conference
The Court does not send filing copies to pro se litigants.
The Court will not send copies of filings to pro se litigants.
Page 2 | Service
Courtesy Copy Requirements
One courtesy copy of every pleading must be delivered to Chambers in room 18C on its filing date, and e-filing does not replace that requirement.
THE COURT REQUIRES A COURTESY COPY OF ALL PLEADINGS BE DELIVERED TO CHAMBERS IN 18C ON THE DATE OF FILING; THE USE OF E-FILING DOES NOT SUPERSEDE THE STANDING ORDERS OF THE COURT; FAILURE TO COMPLY WITH ANY PORTION OF THE STANDING ORDERS MAY RESULT IN A DWOP.
Page 1 | PT/CMC held
A courtesy copy of any telephonic-appearance or absence request must be delivered to the Court and opposing counsel on the filing date.
A courtesy copy of any such request is to be delivered to the Court and opposing counsel on the date of filing.
Page 2 | STANDING ORDERS FOR FINAL PRETRIALS
Courtesy copies of any motion for JNOV or new trial must be delivered to both Judge Russo and the visiting judge.
3) ANY MOTION FOR JNOV OR MOTION FOR NEW TRIAL IS TO BE FILED WITH THE VISITING JUDGE ASSIGNED FOR PURPOSES OF TRIAL ONLY, AND COURTESY COPIES OF ANY MOTION FOR JNOV OR MOTION FOR NEW TRIAL ARE TO BE DELIVERED TO BOTH JUDGE RUSSO AND THE VISITING JUDGE. THE VISITING JUDGE WILL RULE ON MOTIONS FOR JNOV AND MOTION FOR NEW TRIAL, ONLY.
Page 9 | STANDING ORDERS FOR FINAL PRETRIALS
Parties filing written Motions for Protective Orders and/or Motions to Quash must timely file them and deliver or fax courtesy copies to the Court and opposing counsel during normal working hours on the filing day.
Further, written Motions for Protective Orders and/or Motions to Quash must be timely filed and courtesy copies hand-delivered or faxed to the Court and opposing counsel during normal working hours, on the day of filing.
Page 10 | PROTECTIVE ORDERS/MOTIONS TO QUASH
Courtesy copies of all pleadings and motions must be delivered to Judge Nancy Margaret Russo’s office on the filing date, except that paper discovery requests and responses do not require courtesy copies.
9) COURTESY COPIES: Courtesy copies of all pleadings and motions must be delivered to the office of Judge Nancy Margaret Russo, on the date of filing. The Court does not require copies of paper discovery requests or responses.
Page 11 | Scheduling and Requests for Extensions or Continuances
Every pleading not filed electronically must be delivered to chambers in 18-C on the filing date.
The Court requires a courtesy copy of all pleadings that are not e-filed to be delivered to chambers in 18-C on the date of filing.
Page 1 | Standing Orders
An electronically filed pleading exceeding five pages requires a courtesy copy to the Court on the filing date.
Pleadings in excess of 5 pages that are e-filed also require a courtesy copy to be delivered to the Court on the date of filing.
Page 1 | Standing Orders
A courtesy copy of any continuance motion must be provided to the Court on its filing date.
If a continuance is sought for any reason, the appropriate motion must be filed, no less than seven days before the scheduled event, and the Court provided with a courtesy copy on the date of filing.
Page 1 | Standing Orders
A protective-order or motion-to-quash motion requires a courtesy copy delivered to the Court and opposing counsel by hand delivery or fax during normal working hours on the filing date.
Further, written motions for protective orders and/or motions to quash must be timely filed with a courtesy copy hand-delivered or faxed to the Court and opposing counsel during normal working hours, on the date of filing.
Page 1 | Protective Orders/Motions to Quash
Every pleading or filing exceeding five pages must be hand-delivered to courtroom 18-C in the designated mailbox on floor 18 of the Justice Center by 4:30 on the filing date, even if it is also electronically filed.
All pleadings and filings, greater than 5 pages, are to be hand-delivered to courtroom 18-C on the date of filing and left in the designated mailbox (on floor 18 of the Justice Center) by 4:30. Electronic filing or e-filing does not alter this policy. In addition to e-filing a document with the court, parties must still hand-deliver a hard copy of any pleading or filing, greater than 5 pages, to the court by 4:30.
Page 1 | Judge Nancy Margaret Russo – Standing Orders for Foreclosure Cases
A courtesy copy of every pleading or filing exceeding five pages must be hand-delivered to the court.
The court requires a courtesy copy of all pleadings or filings in excess of 5 pages to be hand- delivered to the court.
Page 1 | Judge Nancy Margaret Russo – Standing Orders for Foreclosure Cases
Counsel must provide the court with hand-delivered courtesy copies of all listed trial documents by their due dates.
COUNSEL ARE ORDERED TO PROVIDE THE COURT WITH HAND-DELIVERED COURTESY COPIES OF ALL STIPULATIONS, TRIAL BRIEFS, EXHIBITS, MOTIONS IN LIMINE, EXHIBITS, JURY INSTRUCTIONS AND INTERROGATORIES AND DEPOSITION OBJECTIONS ON THE DATES THAT THEY ARE DUE.
Page 8 | TRIAL ORDER
A courtesy copy to the court may be sent by fax when filing a motion to change a scheduled deadline or date.
Motions to be filed with the Clerk. Courtesy copy to the Court may be sent by fax.
Page 10 | COMPLIANCE WITH SCHEDULED DEADLINES AND DATES
Electronically filed pleadings of five pages or fewer do not require a courtesy copy to the Court.
Pleadings of 5 pages or less that are e-filed do not need to be delivered to the Court.
Page 1 | Standing Orders
For pleadings or filings of five pages or fewer, faxing to the court is permitted, but electronic filing alone does not satisfy the courtesy-copy requirement for a document exceeding five pages.
E-filing does not constitute a courtesy copy. Pleadings or filings 5 pages, or less, in length may be faxed to the court at 216-348-4036.
Page 1 | Judge Nancy Margaret Russo – Standing Orders for Foreclosure Cases
Pleadings or filings of five pages or fewer that are filed electronically do not require faxing or hand delivery to the court.
Pleadings or filings of 5 pages or less that are e-filed do not need to be faxed or delivered to the court.
Page 1 | Judge Nancy Margaret Russo – Standing Orders for Foreclosure Cases
Pre-Motion Conference Requirements
Counsel seeking a protective order must first make a reasonable effort to resolve the discovery dispute with the requesting attorney or unrepresented party.
Any counsel seeking a protective order must first make a reasonable effort to resolve the matter with the attorney or unrepresented party seeking discovery.
Page 10 | PROTECTIVE ORDERS/MOTIONS TO QUASH
Adjournment & Extension Requirements
Requests to extend discovery, continue a settlement conference or final pretrial, or excuse attendance must be made by motion at least 14 days before the affected deadline or event.
That any requests for extensions of discovery, to continue any scheduled Settlement Conference or Final Pretrial, or to excuse any person from attending a Settlement Conference or Final Pretrial or Trial, MUST be made, by motion, no less than 14 days before the discovery cutoff, Settlement Conference, Final Pretrial or Trial.
Page 1 | PT/CMC held
The court will not consider untimely requests to continue or excuse appearance absent an exigent circumstance or unforeseen emergency.
Further, the Court advises counsel that absent an exigent circumstance, or unforeseen emergency, it will not entertain motions to continue or excuse appearance not made in accordance with this Order.
Page 1 | PT/CMC held
A request for telephonic appearance or absence from final pretrial must be supported by good cause and filed at least 14 days before final pretrial.
Any request for telephonic appearance or absence of any person from the final pretrial must be made by written motion, supported by good cause shown, and must be made at least 14 days in advance of the final pretrial.
Page 2 | STANDING ORDERS FOR FINAL PRETRIALS
A request to change, accelerate, or extend a scheduled deadline or date must be made by written motion showing good cause and delivered at least 14 days before the scheduled date or deadline.
Any request to change, accelerate or extend any scheduled deadline or date must be made by written motion, supported by good cause shown, and delivered to the Court and opposing counsel no less than 14 days before the scheduled deadline or date.
Page 10 | COMPLIANCE WITH SCHEDULED DEADLINES AND DATES
Any request to continue a matter other than a CMC must be made by motion at least 14 days before the scheduled event, supported by good cause, and filed and delivered to the Court and opposing counsel on the filing date.
7) REQUESTS FOR CONTINUANCE: Any request for the continuance of any matter, except a CMC, but including any scheduled pretrial, attorney conference, settlement conference, final pretrial and/or trial must be made by motion, supported by good cause shown, and filed and delivered to the Court and opposing counsel, on the day of filing. Any such written motion must be made no less than 14 days before the scheduled event.
Page 11 | Scheduling and Requests for Extensions or Continuances
A request to extend any deadline must be written, supported by good cause, filed and delivered on the filing date, and submitted at least 14 days before the deadline; delivery may be by fax.
8) REQUESTS FOR EXTENSION: Any request for extension of any deadline must be made in writing, supported by good cause shown, and filed and delivered to the Court and opposing counsel on the date of filing and must be made no less than 14 days before the scheduled deadline. Delivery to the Court and opposing counsel may be made by fax.
Page 11 | Scheduling and Requests for Extensions or Continuances
A trial continuance request must be signed by the client, comply with Local Rule 17, and include a copy of the postcard or docket setting the previously scheduled trial date.
Any request for continuance of trial must be signed by the client, comply with Local Rule 17 and contain a copy of the postcard or docket setting any previously scheduled trial date. No continuance can be considered without this information.
Page 11 | Scheduling and Requests for Extensions or Continuances
Requests to extend discovery deadlines, continue a settlement conference or final pretrial, or excuse attendance must be made by motion at least 14 days before the applicable cutoff or scheduled event.
1. That any requests for extensions of discovery, to continue any scheduled Settlement Conference or Final Pretrial, or to excuse any person from attending a Settlement Conference or Final Pretrial or Trial, MUST be made, by motion, no less than 14 days before the discovery cutoff, Settlement Conference, Final Pretrial or Trial.
Page 12 | Scheduling and Requests for Extensions or Continuances
A trial continuance request must be client-signed, comply with Local Rule 17, and include the postcard or docket setting the previously scheduled trial date.
Any request for a continuance of trial must be signed by the client, comply with Local Rule 17 and contain a copy of the postcard or docket setting any previously scheduled trial date. No continuance will be considered without this information.
Page 1 | Settlement Conference
The Court permits oral requests for continuance, acceleration, or extension only in an emergency or exigent circumstance.
The Court will entertain oral motions for continuances, accelerations, or extensions only in the event of an emergency or exigent circumstance.
Page 1 | Settlement Conference
Continue requests must be written, docketed, and timely unless an emergency exists; the Court does not consider requests made by telephone.
Do not call the Court to request a continuance. No consideration will be given to requests not made in writing, docketed and within the timeframe above, absent an emergency.
Page 1 | Standing Orders
Discovery-extension requests and requests to continue a settlement conference or final pretrial must be supported by good cause and filed and delivered at least 14 days before the deadline or event.
Requests for a discovery extensions and requests for a continuance of a settlement conference or final pretrial, must be made by motion, supported by good cause shown, and filed and delivered to the Court and opposing counsel no less than 14 days before the deadline or scheduled event.
Page 1 | Settlement Conference
A continuance motion must be filed at least seven days before the scheduled event, with a courtesy copy provided to the Court on the filing date.
If a continuance is sought for any reason, the appropriate motion must be filed, no less than seven days before the scheduled event, and the Court provided with a courtesy copy on the date of filing.
Page 1 | Standing Orders
A motion requesting a continuance of a court date must be filed no later than seven days before the scheduled event.
If a continuance of a court date is sought for any reason, an appropriate motion MUST be filed no less than 7 days before the scheduled event.
Page 1 | Judge Nancy Margaret Russo – Standing Orders for Foreclosure Cases
A motion to withdraw an order of sale must be filed at least seven days before the scheduled sale and clearly state a valid reason for the request.
Any Motion to Withdraw an Order of Sale must be filed at least 7 days in advance of the scheduled sale. Any motion not timely filed may be stricken. Said motion must clearly state a valid reason for the request to withdraw the sale.
Page 2 | Judge Nancy Margaret Russo – Standing Orders for Foreclosure Cases
A hearing-date change or deadline extension must be requested by written motion, supported by an affidavit and proposed order, filed at least three business days in advance, and may not be requested by telephone or email.
Any request to change a hearing date or extend a deadline must be made by filing a written motion. At least three business days before the hearing or deadline, the moving party shall file: (1) a written motion; (2) an affidavit in support of the motion; and (3) a proposed order. A request shall not be made by telephone or email.
Page 1 | Scheduling
The court will entertain oral motions for continuances, accelerations, or extensions only in emergencies or unusual situations.
The Court will entertain oral motions for continuations, accelerations or extensions, only in matters of emergency or unusual situations.
Page 10 | COMPLIANCE WITH SCHEDULED DEADLINES AND DATES
Absent an exigent circumstance or unforeseen emergency, the Court will not consider motions to continue or excuse appearance that do not comply with the order.
3. Further, the Court advises counsel that absent an exigent circumstance, or unforeseen emergency, it will not entertain motions to continue or excuse appearance not made in accordance with this Order.
Page 12 | Scheduling and Requests for Extensions or Continuances
Continuance requests must be made in writing and docketed within the required timeframe, and the court generally will not consider telephone requests except in an emergency.
Do not call the court to request a continuance. Absent an emergency, no consideration will be given to requests not made in writing, docketed and within the timeframe above.
Page 1 | Judge Nancy Margaret Russo – Standing Orders for Foreclosure Cases
Chambers Communication Rules
Counsel must notify the court by telephone before the scheduled trial date if the case is settled or dismissed after trial briefs are filed.
If case is settled or dismissed after trial briefs are filed, counsel must notify this Court via telephone before the scheduled trial date or fines may be imposed pursuant to an Order to Show Cause and subsequent finding of contempt.
Page 7 | TRIAL ORDER
The Court will not accept requests by telephone for any purpose.
General: The Court will not entertain telephone request for any purpose.
Page 1 | General
Counsel must provide the Court with copies of their settlement letters on the stated dates, and delivery may be made by fax to 216-348-4036.
All counsel are ordered to provide the Court with copies of their respective letters on the dates as outlined above. Delivery may be made by fax at 216-348-4036.
Page 1 | Exchange of Demand and Offer
Pro se litigants may not communicate with chambers by email.
Litigants may not email chambers.
Page 1 | Litigation
Parties must not contact opposing parties or the deputy clerk directly.
Parties shall not contact the opposing parties or the deputy clerk directly.
Page 1 | Litigation
The court clerk cannot provide legal advice.
The clerk of court cannot give legal advice.
Page 1 | Litigation
A litigant unable to access e-filing may contact the clerk at 217-558-4400.
If you cannot access e-filing, please contact the clerk at 217-558-4400.
Page 1 | Litigation
Litigants seeking help resolving discovery disputes may contact the deputy clerk at 309-558-4101.
If you need assistance in resolving discovery disputes, please contact the deputy clerk at 309-558-4101.
Page 1 | Litigation
The courtesy copy may be delivered to the Court by fax at 216-348-4036.
Delivery may be made by fax. The Court’s fax number is 216-348-4036.
Page 2 | STANDING ORDERS FOR FINAL PRETRIALS
Counsel may contact the court by phone at any time for assistance in resolving disputes.
COUNSEL ARE FURTHER INVITED TO CONTACT THIS COURT FOR ASSISTANCE AT ANY TIME, AND THE COURT WILL MAKE ITSELF AVAILABLE TO ASSIST IN THE RESOLUTION OF ANY DISPUTE. THE COURT’S PHONE NUMBER IS 216-443-8688.
Page 8 | TRIAL ORDER
Counsel are requested to provide their fax numbers on pleadings filed with Judge Nancy Margaret Russo so the Court can timely communicate orders and decisions; the Court’s fax number is 216-348-4036.
10) FAX NUMBERS: This Court regularly faxes orders and decisions, in order to timely inform counsel of matters pertaining to the case. Therefore, counsel are requested to provide this Court with their fax numbers, by placing same on pleadings filed with Judge Nancy Margaret Russo. The Court’s fax number is 216-348-4036.
Page 11 | Scheduling and Requests for Extensions or Continuances