Cuyahoga County Court of Common Pleas, General Division Document Filing Requirements

Applies to

Proposed case schedule and discovery plan

Attorneys must confer before the CMC to discuss claims and defenses, settlement possibilities, discovery, and a proposed schedule.

In accordance with Civ.R. 26(F), the attorneys shall confer prior to a scheduled Case Management Conference (“CMC”) to discuss claims and possible defenses, the possibilities for resolving and/or settling the case, create a discovery plan, and establish a proposed case schedule.

Applies to

Default judgment hearing submission

Must include

proposed order

At the default hearing, the movant must bring an affidavit of damages, a prepared journal entry, and proof of a mailed hearing notice.

The movant must bring to the hearing the following: affidavit of damages, a prepared journal entry, and a copy of the letter sent regular and certified mail 7 days prior to the hearing date notifying all parties of the hearing and that failure to appear will result in judgment against them.

Applies to

Trial brief

Each party must serve and file a trial brief containing the specified claims, facts, issues, stipulations, damages, and trial-time estimate.

All parties are required to serve and file a trial brief which shall contain: a succinct statement of their claims (as presented in the pleadings); a brief statement of the essential and material facts; the legal issues involved; the stipulations agreed upon by the parties; the type and amount of damages they are seeking; and an estimate of how long it will take to put on their case in chief.

Applies to

Objections to jury instructions interrogatories and verdict forms

An objection must identify and highlight the objectionable language and include a concise explanation of why it is improper.

In its objection, counsel shall highlight the objectionable language and include a concise argument as to why the proposed language is improper.

Applies to

Witness list

The parties must exchange, serve, and file witness lists containing each witness's name and a brief description of expected testimony.

The parties shall exchange, serve, and file witness lists which shall include the witnesses' names and a very brief statement outlining the substance of each witness' expected testimony.

Applies to

Trial exhibit list

The parties must exchange, serve, and file a list of trial exhibits.

The parties shall exchange, serve, and file a list of trial exhibits.

Applies to

Daubert motion

A party challenging expert testimony must file the expert’s complete reports and, if the expert was deposed, complete deposition transcripts.

The party challenging the proposed expert testimony shall file a complete copy of the expert’s report(s) and complete deposition transcripts, if the expert was deposed.

Applies to

Privileged document

Each privileged document submitted for in-camera review must bear its Document ID, and the Court will specify hand delivery or email based on page count.

Where privileged documents are submitted for in-camera review, each document shall be stamped with Document ID, and the Court will instruct whether the documents are to be hand-delivered or emailed depending upon the number of pages.

Applies to

Final pretrial statement

Each party must file a final pretrial statement seven days before the conference containing facts, legal issues, stipulations, witnesses, exhibits, unique issues, trial length, contemplated motions, and logistical needs.

The parties shall each file a final pretrial statement seven days before the final pretrial and shall include the following: • A brief statement of facts and legal issues; • Stipulations; • List of witnesses with brief summary of expected testimony; • List of exhibits expected to be used a trial; • Any anticipated unique legal issues; • An estimated length of trial; • Any contemplated pretrial motions; and • Special equipment or potential logistical requests.

Applies to

Joint motion in limine notice

After response deadlines, counsel and pro se parties must confer and, at least three days before trial, jointly notify the Court which motions are resolved or unopposed and which remain opposed.

After the deadline for responses, Counsel and pro se parties shall confer to resolve the motions in limine, and, at least (3) days prior to trial, the parties shall file a joint notice informing the Court which motions in limine are unopposed or resolved, and which remain opposed.

Applies to

Joint jury instructions and interrogatories

Counsel and pro se parties must confer and submit a joint proposed set of jury instructions and interrogatories.

Counsel and pro se parties shall confer regarding jury instructions and interrogatories in order to submit a joint proposed set of jury instructions and interrogatories.

Applies to

Joint jury instructions and interrogatories

Any remaining disagreement among the parties must be highlighted to the Court.

If any disagreement remains, the parties shall highlight disagreements to the Court.

Applies to

Trial brief

Each party must serve and file a trial brief at least one week before the scheduled trial date, with specified required content.

Each party is required to serve and file a trial brief no later than one week prior to the scheduled trial date. The trial brief shall contain:

Applies to

Trial brief

Trial briefs must include essential facts, controlling law, damages sought, trial-length estimates, likely evidentiary issues, and, for jury trials, proposed sensitive or unusual voir dire questions.

(a) a succinct statement of the essential and material facts; (b) a discussion of the controlling law; (c) the type and amount of damages sought; (d) an estimate of how long it will take to put on their case in chief; (e) a discussion of any evidentiary issues likely to arise at trial, and (f) for cases tried to a jury, proposed voir dire questions concerning sensitive or unusual issues that are anticipated.

Applies to

Witness list

At least one week before trial, the parties must exchange, serve, and file witness lists identifying each witness and the subject matter of the witness's testimony.

No later than one week prior to the scheduled trial date, the parties shall exchange, serve and file witness lists which shall include the witnesses' names and a very brief description of the subject matter of the testimony of each witness.

Applies to

Jury stipulations of fact

Counsel must prepare written stipulations of all uncontested jury facts and file them no later than one week before trial.

Counsel for the parties shall confer to prepare written stipulations as to all uncontested facts to be presented to the jury. The stipulations shall be filed with the Court no later than one week prior to the scheduled trial date.

Applies to

Statement of disputed facts

Counsel must prepare and file a joint statement identifying all disputed factual issues for the jury no later than one week before trial.

Counsel for the parties shall confer to prepare a joint statement listing all disputed issues of fact which are to be submitted to the jury. The statement shall be filed with the Court no later than one week prior to the scheduled trial date.

Applies to

Witness list

An unlisted witness may not testify unless extraordinary circumstances apply.

If a witness is not listed in the witness list, the witness shall not testify except under extraordinary circumstances.

Applies to

Exhibit list

The parties must serve and file a list of trial exhibits at least one week before the scheduled trial date.

No later than one week prior to the scheduled trial date, the parties shall serve and file a list of trial exhibits.

Applies to

Exhibits

One copy of each exhibit must be furnished to the court by one week before trial, and the exhibits need not be filed with the clerk.

One copy of each exhibit shall be furnished to the Court no later than one week before the scheduled trial date. There is no need to file the exhibits with the Clerk of Court.

Applies to

Videotape deposition transcript

A complete written transcript must be provided to the court for any videotape deposition intended for use at trial.

The Court must be provided with a complete written transcript of videotape depositions.

Applies to

Preliminary statement

Counsel must prepare an impartial, understandable, and concise joint preliminary statement and submit it with the trial brief.

Counsel shall prepare a joint statement describing the case in an impartial, easily understood and concise manner for use by the Court either during voir dire and/or at the time the jury is impaneled. This statement will be ===== PAGE 4 ===== used to set the context of the trial for the jury and must be submitted at the same time the trial brief is submitted.

Applies to

Jury instructions

Counsel must confer on jury instructions, identify agreed and disputed instructions, provide legal citations for disputed instructions, and timely submit them; an exception applies to unanticipated instructions submitted at least 24 hours before final argument.

Counsel for the parties are required to confer on requested jury instructions with the goal of submitting agreed upon instructions. The instructions agreed upon by all counsel shall be identified. Disputed instructions shall also be identified, along with separate citations to legal authority for each instruction. No proposed jury instruction will be considered by the Court unless it has been submitted in compliance with these provisions, except that a request for instructions that could not reasonably have been anticipated may be submitted at least twenty-four (24) hours before final argument.

Applies to

Proposed jury instructions

Proposed jury instructions must be submitted to the court at least one week before the scheduled trial date.

Proposed jury instructions must be submitted to the court at least one week prior to the scheduled trial date.

Applies to

Proposed findings conclusions

In every non-jury case, each party's counsel must prepare and file proposed findings of fact and conclusions of law no later than one week before trial.

In all non-jury cases, counsel for each of the parties shall prepare proposed Findings of Fact and Conclusions of Law, which shall be filed with the Court and served upon opposing counsel not later than one week before the date set for trial.

Applies to

Default judgment

A motion for default judgment requires a scheduled default hearing and specified supporting documents to be filed before the hearing.

Upon filing of a motion for default judgment, the Court will schedule a default hearing. The movant must file, prior to the hearing, the following: affidavit of proof of service of the Complaint, affidavit of damages, a proposed judgment entry, and a copy of the letter sent regular and certified mail ten (10) days prior to the hearing date notifying all parties of the hearing and that failure to appear will result in judgment against them, evidence of military service status of the defendant pursuant to the servicemembers’ civil relief act, and the contract(s), assignment(s), or written instrument(s) upon which Plaintiff seeks judgment.

Applies to

Trial brief

All parties must serve and file a trial brief containing specified claims, facts, legal issues, stipulations, damages, and case-in-chief time estimate.

All parties are required to serve and file a trial brief which shall contain: a succinct statement of their claims (as presented in the pleadings); a brief statement of the essential and material facts; the legal issues involved; the stipulations agreed upon by the parties; the type and amount of damages they are seeking; and an estimate of how long it will take to put on their case in chief.

Applies to

Witness and exhibit lists

Parties must exchange, serve, and file witness and exhibit lists containing the specified information, with premarked exhibits using plaintiff numbers and defendant letters, and provide the court copies 14 days before trial.

The parties shall exchange, serve, and file witness lists which shall include the witnesses' names and a very brief statement outlining the substance of each witness' expected testimony. The parties shall exchange, serve, and file a list of trial exhibits. Trial exhibits shall be pre-marked with exhibit stickers and exchanged. Plaintiffs shall mark their exhibits using numbers; defendants shall mark their exhibits using letters. The parties are required to provide the court with a copy of all of the above items fourteen (14) days before trial.

Applies to

Motion in limine

Motions in limine must be written and filed at least 14 days before trial, with an opposition brief due seven days after filing.

Motions in Limine must be in writing and filed at least fourteen (14) days before trial. A brief in opposition is due seven (7) days after the motion in limine is filed.

Applies to

Jury instructions

Joint jury instructions, interrogatories, and verdict forms must be filed 14 days before trial; proposed instructions should be relevant, concise, understandable, neutral, and nonargumentative, with disagreements clearly delineated.

Fourteen (14) days prior to trial, the parties shall file joint jury instructions, interrogatories, and verdict forms. The Court prefers that the jury instructions conform to OJI, or the parties cite to published Ohio cases. The jury instructions shall be relevant to the specific issues to be presented at trial. All instructions should be short, concise, understandable and neutral statements of law. The Court will not consider proposed jury instructions that are deemed argumentative or which otherwise do not conform to the above requirements. If the parties are unable to agree on any of the jury instructions, they shall clearly delineate, in one set of instructions, which instructions are agreed to and which are not.

Applies to

Motion

Requests concerning substantive issues in pending civil cases must be presented by motion on the public docket.

ALL REQUESTS REGARDING SUBSTANTIVE MATTERS IN PENDING CASES MUST BE FILED AS A MOTION ON THE PUBLIC DOCKET.

Applies to

Nonresident attorney filing

Local counsel must examine and co-sign every motion, pleading, and other paper prepared by a nonresident attorney appearing pro hac vice.

Where leave has been granted for an attorney to appear pro hac vice (“nonresident attorney”), local counsel of this state shall examine and cosign all motions, pleadings and other papers prepared by the nonresident attorney.

Applies to

Final pretrial brief

Final-pre-trial briefs should be served and filed at least three days before the pretrial and should summarize the case, settlement status, trial length and witnesses, and anticipated special trial needs.

Parties shall serve and file pretrial briefs no less than three days prior to the final pretrial. The final pretrial brief should provide the Court with a brief synopsis of the case, the status of any settlement negotiations, the expected length of trial including the number of potential witnesses, and any special issues of trial needs anticipated.

Applies to

Trial brief

An unlisted witness may not testify and an unlisted exhibit may not be introduced absent a showing of good cause.

Witnesses or exhibits not listed in the trial brief shall not testify or be introduced at trial absent a showing of good cause.

Applies to

Trial brief

A complete trial brief must state the facts, discuss controlling law and anticipated evidentiary issues, list proposed witnesses and the subjects of their testimony, index and describe proposed exhibits, and include unique or sensitive proposed voir dire questions.

A complete trial brief includes: -A statement of the facts; -A discussion of the controlling law; -A list of proposed witnesses along with a brief description of the subject matter of the testimony of each witness; -An index of all proposed exhibits containing a brief description of each exhibit; and -A discussion of any evidentiary issues likely to arise at trial. -Trial briefs shall also include any unique or sensitive proposed voir dire questions (traditional or boilerplate voir dire questions need not be provided).

Applies to

Joint proposed jury instructions verdict forms and interrogatories

Counsel must jointly submit proposed jury instructions for each claim, counterclaim, or cross-claim with applicable O.J.I. or case citations, together with verdict forms, interrogatories, and a joint list of stipulated facts.

Counsel shall submit joint proposed jury instructions for each claim, counterclaim and/or cross-claim contained in the pleadings with applicable O.J.I. or case citations, as well as verdict forms and any interrogatories. In addition to jointly filing the above documents, parties shall file a joint list of stipulated facts.

Applies to

Witness list

A witness list must be filed with the court, and an unlisted person or entity may not testify.

All witness lists shall be filed with the court. If a person or entity is not listed on the witness list filed with the Court, that person or representative of the entity shall not testify.

Applies to

Final pretrial

When an artificial entity is the real party in interest, its representative at final pretrial must have authority to negotiate and execute a binding settlement of all claims.

If the real party in interest is an insurance company, corporation, common carrier, or other artificial entity, then the chosen representative must be the person with full, final, and immediate authority to negotiate and enter into a binding settlement agreement as to all claims.

Applies to

Pretrial statement

Parties must serve and file the pretrial statement at least one week before the final pretrial.

Parties to serve and file pretrial statement no less than one week prior to the final pretrial.

Applies to

Final pretrial

All parties and their chosen representatives must attend the final pretrial with full, final, and immediate settlement authority.

All parties and chosen representatives must be present at the final pretrial with full, final, and immediate settlement authority.

Applies to

Trial brief

Trial briefs, motions in limine, jury interrogatories, and jury instructions must be submitted no later than 14 days before trial.

Parties shall submit trial briefs, motions in limine, jury interrogatories and jury instructions, no later than fourteen (14) days before trial.

Applies to

Trial brief

Trial briefs must include the facts, controlling-law discussion, stipulations, witness list with testimony descriptions, and exhibit list with exhibit descriptions.

Trial briefs are to include: a statement of the facts; a discussion of the controlling law; any stipulations; witness list along with a brief description of the subject matter of the testimony of each witness; exhibit list containing a brief description of each exhibit.

Applies to

Trial brief

Unlisted witnesses or exhibits may not testify or be introduced at trial without a showing of good cause.

Witnesses or exhibits not listed in the trial brief shall not testify or be introduced at trial absent a showing of good cause.

Applies to

Opposing brief

Opposing briefs on motions in limine must be filed no later than seven days before trial.

Opposing briefs to motions in limine shall be filed no later than seven (7) days before trial.

Applies to

Exhibit

Each party must include the curriculum vitae of any expert who may testify or present evidence at trial as an exhibit for the court's use.

Each party shall include as one of their exhibits the curriculum vitae of any expert(s) that may be called to present evidence or testimony at trial for the use of the court.

Applies to

Stipulated statement of case

Parties must prepare a stipulated statement of the case for the court to read to the jury under Civil Rule 47(a).

Parties shall prepare a stipulated statement of the case for the court to read to the jury pursuant to Civ. R. 47(a).

Applies to

Trial brief

Trial briefs and motions in limine must be submitted no later than 14 days before trial.

Parties shall submit trial briefs, motions in limine, no later than fourteen (14) days before trial.

Applies to

Filing

Must include

ai disclosure

An attorney or pro se defendant using AI to formulate a criminal filing must include a disclosure explaining the AI’s use.

If any attorney or pro se defendant uses AI in formulating a filing, they must include within the filing a disclosure explaining that they used AI and how they used AI.

Applies to

Filing

Must include

ai disclosure

An attorney or pro se litigant using AI to formulate a civil filing must include a disclosure explaining the AI’s use.

If any attorney or pro se litigant uses AI in formulating a filing, they must include within the filing a disclosure explaining that they used AI and how they used AI.

Applies to

Affidavit of damages

A default-judgment motion must include an affidavit of damages.

An affidavit of damages

Applies to

Discovery motion

Every discovery-dispute motion must include the disputed discovery request and any responses to it.

Pursuant to Local Rule 8.0(E), all motions related to discovery disputes must include a copy of the disputed discovery request and any responses to the request.

Applies to

Default judgment motion

A default-judgment motion must include a plaintiff damages affidavit, applicable military-status verification, and a proposed judgment entry.

Motions for default judgment shall include an affidavit from plaintiff supporting the requested damages, military status verification pursuant to the Servicemembers Civil Relief Act (where applicable), and a proposed judgment entry.

Applies to

Pretrial statement

The required final-pretrial statement must address facts, disputed legal issues, stipulations, witnesses, trial length, anticipated pretrial motions, and trial equipment needs.

At least seven (7) days in advance of the Final Pretrial, each party shall submit a statement containing the following: statement of facts, statement of disputed legal issues, stipulations (if any), list of fact witnesses, list of expert witnesses, estimated length of trial, pretrial motions anticipated, and equipment needs at trial.

Applies to

Trial filing

Trial filings must include responses to any motions in limine, trial briefs, witness and exhibit lists, qualifying deposition transcripts and objection information, stipulations, and proposed jury instructions, interrogatories, and verdict forms.

Seven (7) days before the trial date, the following items are to be filed: responses to any motions in limine, trial briefs, witness lists, exhibit Lists, trial deposition transcripts with a log of objections (if any) and the reason(s) for the objection, stipulations, as well as proposed jury instructions, interrogatories, and verdict forms.

Applies to

Filing

No portion of a filing may be drafted by generative artificial intelligence, and any generative-AI-drafted language must be checked for accuracy by a human using print reporters or traditional legal databases before submission.

I further certify that no portion of any filing in this case will be drafted by generative artificial intelligence or that any language drafted by generative artificial intelligence—including quotations, citations, paraphrased assertions, and legal analysis—will be checked for accuracy, using print reporters or traditional legal databases, by a human being before it is submitted to the Court.

Applies to

Discovery requests

Must include

ai disclosure

Requests for production of documents and interrogatories must be served before the case management conference together with the required Generative Artificial Intelligence certificate.

Requests for production of documents and interrogatories must be served prior to the Case Management Conference, as well as the Certificate regarding Generative Artificial Intelligence (click here for PDF).

Applies to

Trial preparation documents

At least 14 days before trial, the parties must file trial briefs, witness and exhibit lists, applicable joint jury materials, stipulations, and an agreed statement of the case for the jury.

The Court additionally orders that at least 14 days prior to Trial, the parties are to file the following: (1) Trial Briefs, (2) Witness Lists, (3) Exhibit Lists, (4) Joint Jury Instructions, Jury Interrogatories, and /or Jury Verdict Forms if applicable, (5) Stipulations, and (6) an agreed upon State of the Case to be read to the Jury.

Applies to

Jury instructions interrogatories and verdict forms

The parties must provide one consolidated set of jury instructions, interrogatories, and verdict forms that identifies both agreed and disputed items.

With respect to Jury Instructions, Jury Interrogatories, and Jury Verdict Forms, the Parties are to provide the Court with one consolidated set of Instructions/Interrogatories/Verdict Forms that includes all the Instructions/Interrogatories/Verdict Forms to which the Parties agree and that identifies all the Instructions/Interrogatories/Verdict Forms to which the Parties disagree.

Applies to

Motion for default judgment

Must include

proposed order

A motion for default judgment must be accompanied by the relevant written instruments, affidavits of service and damages, a military affidavit, and a proposed judgment entry.

When provided by Civ.R. 55, the Plaintiff may file a Motion for Default Judgment and provide to the Court the following documents: (1) the contract(s), assignment(s), account statement(s), or written instrument(s) upon which Plaintiff seeks judgment; (2) an affidavit of service of the Complaint; (3) an affidavit of damages; (4) a military affidavit; and (5) a proposed judgment entry.

Applies to

Damages evidence

Evidence supporting the amount of damages, such as bills or account statements, must be filed before default judgment is rendered.

Evidence of damages, such as bills or account statements, must be included in the file before default judgment can be rendered.

Applies to

Default judgment hearing submission

Before the default-judgment hearing, plaintiff’s counsel must provide the Court with the correspondence sent to the defendant stating the hearing’s date and time.

Prior to the scheduled hearing, Plaintiff’s counsel shall provide the Court with the following: 1) a copy of the correspondence sent to the defendant advising of the date and time of the default hearing.

Applies to

Default judgment hearing submission

Before the default-judgment hearing, plaintiff’s counsel must provide an affidavit establishing that the defendant is not an active member of the military.

Prior to the scheduled hearing, Plaintiff’s counsel shall provide the Court with the following: 1) a copy of the correspondence sent to the defendant advising of the date and time of the default hearing. 2) an affidavit that establishes that the defendant is not an active member of the military

Applies to

Default judgment hearing submission

Before the default-judgment hearing, plaintiff’s counsel must provide an affidavit signed by the plaintiff or plaintiff’s representative proving damages.

Prior to the scheduled hearing, Plaintiff’s counsel shall provide the Court with the following: 1) a copy of the correspondence sent to the defendant advising of the date and time of the default hearing. 2) an affidavit that establishes that the defendant is not an active member of the military 3) an affidavit signed by the Plaintiff, or Plaintiff’s representative, proving damages

Applies to

Default judgment hearing submission

Before the default-judgment hearing, plaintiff’s counsel must provide a copy of the contract, assignment, or written instrument supporting the requested judgment.

Prior to the scheduled hearing, Plaintiff’s counsel shall provide the Court with the following: 1) a copy of the correspondence sent to the defendant advising of the date and time of the default hearing. 2) an affidavit that establishes that the defendant is not an active member of the military 3) an affidavit signed by the Plaintiff, or Plaintiff’s representative, proving damages 4) a copy of the contract, assignment, or written instrument upon which plaintiff seeks judgment

Applies to

Default judgment motion

Must include

proposed order

Before the default-judgment hearing, plaintiff’s counsel must provide a proposed judgment entry.

Prior to the scheduled hearing, Plaintiff’s counsel shall provide the Court with the following: 1) a copy of the correspondence sent to the defendant advising of the date and time of the default hearing. 2) an affidavit that establishes that the defendant is not an active member of the military 3) an affidavit signed by the Plaintiff, or Plaintiff’s representative, proving damages 4) a copy of the contract, assignment, or written instrument upon which plaintiff seeks judgment and 5) a proposed judgment entry.

Applies to

Settlement conference and final pretrial

All parties and representatives must attend settlement conferences and final pretrials with full, final, and immediate settlement authority.

For settlement conferences and final pretrials, all parties and representatives must be present with full, final, and immediate settlement authority.

Applies to

Motion in limine

Motions in limine must be submitted in writing.

Motions in limine must be in writing and filed ten (10) days before trial.

Applies to

Agreed statement of the case

Before jury selection begins, the parties must deliver the Court an agreed statement of the case to be read to prospective jurors.

Prior to the start of jury selection, the parties are to deliver to the Court a brief agreed statement of the case to be read to the prospective jurors.

Applies to

Trial brief

Every party must serve and file a trial brief containing a succinct statement of claims, essential material facts, legal issues, the type and amount of damages sought, and an estimate of the time needed to present the party’s case in chief.

All parties are required to serve and file a trial brief which shall contain a succinct statement of their claims; a brief statement of the essential and material fact; the legal issues involved; the type and amount of damages they are seeking; and an estimate of how long it will take to put on their case in chief.

Applies to

Witness list

The parties must exchange, serve, and file witness lists identifying each witness and briefly describing the expected testimony.

The parties shall exchange, serve, and file witness lists which shall include the names of the witnesses and a brief statement of the expected testimony of each witness.

Applies to

Exhibit list

The parties must exchange, serve, and file a list of trial exhibits.

The parties shall exchange/serve and file a list of trial exhibits.

Applies to

Trial submissions

The parties must provide the Court with file-stamped copies of the witness list, exhibit list, and stipulations.

The parties are required to provide the Court with a file-stamped copy of the above items.

Applies to

Jury instruction objection

An objection must quote the proposed instruction in full, identify the objectionable language, concisely explain why it is improper, and cite relevant legal authority.

Any such objections must recite the proposed instruction in its entirety and specifically highlight the objectionable language. The objection should contain both a concise argument why the proposed language is improper and citation to relevant legal authority.

Applies to

Stipulation

The parties must file any stipulations.

The parties are to file any stipulations.

Applies to

Jury instructions

Counsel must provide relevant jury instructions that conform to Ohio Jury Instructions or cite published Ohio cases and are short, concise, understandable, and neutral statements of law.

Counsel shall provide jury instructions which conform to OJI or cite to published Ohio cases. Counsel shall provide jury instructions that are relevant to the specific issues to be presented at trial. All instructions should be short, concise, understandable and neutral statements of the law.

Applies to

Jury instructions

The Court will not consider proposed jury instructions that are argumentative or otherwise fail to conform to the stated requirements.

The Court will not consider proposed jury instructions that are deemed argumentative or which otherwise do not conform to the above requirements.

Applies to

Jury instruction objection

When applicable, the objecting party must submit an alternative instruction addressing the relevant subject matter or legal principle.

Where applicable, the objecting party must submit an alternative instruction covering the pertinent subject matter or principle of law.

Applies to

Discovery plan

The parties must file a discovery plan within 14 days after their discovery conference.

The parties must file a discovery plan within 14 days of their conference.

Applies to

Debtor examination motion

Must include

proposed order

A debtor-examination submission must include a proposed order along with the motion, affidavit, filing fee, and service instructions.

Plaintiff's counsel shall submit (1) a motion for debtor examination, (2) an affidavit, (3) a proposed order, (4) the filing fee, and (5) instructions for service to Judge Michael P. Shaughnessy's Courtroom, 16-C.

Applies to

Notice of compliance

Plaintiff’s counsel must file a Notice of Compliance within 7 days after the debtor examination or satisfaction of the judgment to remove the warrant.

Plaintiff’s counsel is ordered to file a Notice of Compliance within 7 days of the debtor examination or satisfaction of the judgment in order to remove the warrant.

Applies to

Default judgment

Must include

proposed order

A motion for default judgment must be accompanied by a proposed default judgment entry and an original affidavit of damages.

May be filed after service has been perfected and defendant has failed to answer or otherwise appear; plaintiff is to serve the motion on defendant, and provide the court with an original affidavit of damages and proposed default judgment entry.

Applies to

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.

Applies to

Response to proposed undisputed facts stipulation

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 ______________________________.

Applies to

Signed undisputed facts stipulation or notice

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,

Applies to

Proposed undisputed facts stipulation

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.

Applies to

Trial brief

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.

Applies to

Trial brief

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.

Applies to

Proposed findings conclusions

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.

Applies to

Jury instructions

Traditional or boilerplate jury instructions may not be submitted.

Traditional or boilerplate jury instructions ARE NOT TO BE PROVIDED.

Applies to

Jury instructions

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.

Applies to

Trial brief

Counsel must identify stipulated jury instructions in the trial briefs.

Counsel to identify stipulated jury instructions with the trial briefs.

Applies to

Protective order motion

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.

Applies to

Default judgment hearing

Must include

proof of service

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;

Applies to

Default judgment hearing

Plaintiff's attorney must present an affidavit or other proof of damages at the default hearing.

2. Affidavit or proof of damages;

Applies to

Default judgment hearing

Plaintiff's attorney must present documentation supporting damages, such as bills, invoices, or checks.

3. Documentation of damages – bills, invoices, checks, etc.;

Applies to

Proposed order

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

Applies to

Letter

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.

Applies to

Settlement demand letter

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.

Applies to

Settlement offer response

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.

Applies to

Protective order 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.

Applies to

Expert request motion

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.

Applies to

Residential property status report

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.

Applies to

Motion to vacate sale

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.

Applies to

Notice of dismissal or motion to dismiss

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.

Applies to

Mortgage and note proof

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.

Applies to

Notice of bankruptcy

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.

Applies to

Motion to reactivate case

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.

Applies to

Motion to appoint special process server

Must include

proposed order

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.

Applies to

Motion to withdraw order of sale

Must include

proposed order

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.

Applies to

Motion to withdraw order of sale

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.

Applies to

Motion

Must include

proposed order

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.

Applies to

Reply brief

Reply briefs are prohibited unless the court grants leave.

16. No Reply Briefs are permitted absent leave of court.

Applies to

Proposed magistrates decision

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.

Applies to

Motion

A request for pro hac vice admission must be made by written motion.

1) REQUEST MUST BE MADE BY WRITTEN MOTION;

Applies to

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;

Applies to

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;

Applies to

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;

Applies to

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.

Applies to

Default judgment motion

The Plaintiff’s attorney must file an affidavit or proof of damages for the default hearing.

Affidavit or proof of damages;

Applies to

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.;

Applies to

Default judgment 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;

Applies to

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

Applies to

Motion

Must include

proposed order

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.

Applies to

Motion

Must include

proposed order

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.

Applies to

Residential property status report

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.

Applies to

Motion

Prior court leave is required before filing any motion not already permitted by rule or a prior court order.

Leave of the Court is required prior to filing any motion not otherwise permitted by rule or prior order of the Court.

Applies to

Discovery motion

Discovery motions will not be considered unless the parties follow the standing discovery-dispute procedure.

The Court will not consider any discovery motion, i.e., motion to compel, motion for protective order, motion to quash, etc., unless the parties follow the procedure outlined below regarding discovery disputes.

Applies to

Proposed order

Must include

proposed order

A proposed order must be delivered to the Bailiff or Staff Attorney with a time-stamped copy of the properly filed motion, with the proposed order included as an exhibit.

Proposed Orders for the Court's signature must be delivered to the Bailiff or Staff Attorney, accompanied by a time-stamped copy of a properly filed motion, which includes a copy of the proposed order as an exhibit.

Applies to

Settlement mediation or pretrial statement

Counsel and unrepresented parties must submit the required settlement, mediation, or pretrial statement at least one week before the settlement conference.

Counsel and unrepresented parties are required to comply with Loc.R. 21, Parts II and III(E), which includes submitting a settlement/mediation or pretrial statement at least one week prior to the scheduled settlement conference.

Applies to

Motion for default judgment

A default-judgment motion seeking damages must be accompanied by an affidavit documenting the plaintiff’s expenses or losses caused by the defendant.

Before the Court will consider awarding damages pursuant to a Motion for Default Judgment, Plaintiff must provide an affidavit with documentation of expenses/losses incurred as a result of the Defendant’s conduct.

Applies to

Trial materials

At least one week before trial, parties must file the listed trial materials, serve opposing counsel, and provide the Court with copies.

No later than one week prior to trial parties should file, serve on opposing counsel and provide the Court with a copy of trial briefs, witness lists, exhibit lists, a list of stipulations to be presented, all expert reports, deposition transcripts of expert witnesses and a list of all objections to videotape and deposition testimony with a copy of the applicable transcript and videotape.

Applies to

Jury instructions

The parties must jointly file agreed-upon, case-specific jury instructions no later than one week before trial.

No later than one week prior to trial the parties shall jointly file agreed-upon, case specific jury instructions.

Applies to

Proposed findings conclusions

In a civil case without a jury demand, each party must prepare proposed findings of fact and conclusions of law and file and serve them no later than one week before the bench trial.

In all civil cases were a jury demand is not made, counsel for each of the parties shall prepare proposed Findings of Fact and Conclusions of Law, which shall be filed with the Court and served upon opposing counsel no later than one week prior to the scheduled bench trial.

Applies to

Default judgment

A movant for default judgment must submit an affidavit of damages, a prepared journal entry, and proof of a hearing notice mailed to all parties at least seven days before the hearing.

The movant must submit to the Court the following: affidavit of damages, a prepared journal entry, and a copy of the letter sent regular and certified mail 7 days prior to the hearing date notifying all parties of the hearing and that failure to appear will result in judgment against them.

Applies to

Trial brief

Every party must serve and file a trial brief containing the specified factual, legal, witness, stipulation, trial-planning, motion, and equipment information.

All parties are required to serve and file a trial brief which shall contain a statement of facts and legal issues, statement of real factual and legal issues in dispute, stipulations, list of non-expert trial witnesses with a brief summary of expected testimony, list of expert trial witnesses with reports attached, special legal problems anticipated, estimated length of trial, pretrial motions contemplated, special equipment needs for trial.

Applies to

Stipulated statement of case

The parties must prepare a stipulated statement of the case for the court to read to the jury during preliminary instructions.

Parties shall prepare a stipulated statement of the case for the Court to read to the jury during its preliminary charge.

Applies to

Jury instructions

Proposed jury instructions must accompany the trial brief, with agreed and disputed instructions identified and separate legal citations supplied for disputed instructions.

Proposed jury instructions shall be filed with the trial brief of the parties. The instructions agreed upon by all counsel shall be identified. Disputed instructions shall also be identified, along with separate citations to legal authority for each instruction.

Applies to

Default judgment motion

Must include

proposed order

A Civ.R. 55 default-judgment motion must be accompanied by the underlying instruments, service and damages affidavits, any federally required military-service affidavit, a proposed judgment entry, and evidence of damages.

When provided by Civ.R. 55, a plaintiff may file a motion for default judgment and provide to the Court the following documents: (1) the contract(s), assignment(s), account statement(s), or written instrument(s) upon which plaintiff seeks judgment; (2) an affidavit of service of the complaint; (3) an affidavit of current damages, noting any credits recorded for defendant(s) for any previous payments; (4) a military service affidavit as required by Federal law; and (5) a proposed judgment entry. Evidence of damages, such as bills or account statements, must be included in the file before default judgment may be granted.

Applies to

Trial preparation filings

At least 14 days before trial, the parties must file trial briefs, witness and exhibit lists, applicable joint jury materials, stipulations, and an agreed statement of the case for the jury.

The Court additionally orders that at least 14 days prior to trial, the parties are to file the following: (1) trial briefs, (2) witness lists, (3) exhibit lists, (4) joint jury instructions, jury interrogatories, and/or jury verdict forms if applicable, (5) stipulations, and (6) a concise, mutually-agreed-upon statement of the case to be read to the trial jury at the outset of trial.

Applies to

Jury instructions interrogatories verdict forms

The parties must submit one consolidated agreed set of jury instructions, interrogatories, and verdict forms that identifies all items still in dispute after good-faith discussions.

The parties are to provide the Court with one consolidated set of instructions, interrogatories and verdict forms to which the parties agree and that identifies all such documents on which the parties, after diligent, courteous and good-faith discussions, still disagree.

Applies to

Jury instructions

The Court will not consider proposed jury instructions that are argumentative or otherwise nonconforming.

The Court will not consider proposed jury instructions that are deemed argumentative or which otherwise do not conform to the above requirements.

Applies to

Privilege log

The privilege-log Excel file should include the listed document-identification, custodian, date, title, attachment, sender and recipient, description, privilege, objection, and ruling fields.

The Excel file should, at a minimum, have the following column headings: Document ID; Document Custodian; Date of Email/Document; Email Subject or Document Title; Title of Attachment to Email; From and To columns; Description; Type of Privilege Claimed; Basis for Objection/No Objection; Court’s Ruling.

Applies to

Privilege log

Opposing counsel must mark non-objections or objection bases, after which the privilege-claiming party must submit only unresolved objections to the Court.

Opposing counsel shall review the privilege log and note where there is no objection or the basis of their objection. The party claiming the privilege will then review the objections and submit to the Court only the remaining objections.

Applies to

Settlement conference statement

Settlement-conference statements do not need to be filed and instead must be emailed to the staff attorney.

The settlement conference statements need not be filed, but instead emailed to the staff attorney.

Applies to

Final pretrial statement

The final pretrial statement must update the previously submitted settlement statement.

The final pretrial statement shall update the previously-provided settlement statement.

Applies to

Videotaped testimony preparation

A party using videotaped testimony at trial must retain a videographer for trial playback.

A party seeking to have videotaped testimony utilized at trial must retain a videographer for the playback at trial.

Applies to

Pretrial statement

The final pretrial statement should provide a case synopsis, settlement-negotiation status, expected trial length and witness count, and anticipated special issues or trial needs.

The final pretrial statement should provide the Court with a brief synopsis of the case, the status of any settlement negotiations, the expected length of trial including the number of potential witnesses, and any special issues or trial needs anticipated.

Applies to

Jury interrogatories

Counsel must confer about proposed jury interrogatories and instructions and attempt to reach agreement.

Counsel for the parties are required to confer with one another with respect to the proposed jury interrogatories/instructions, with a view to reaching agreement on interrogatories/instructions to be requested.

Applies to

Jury interrogatories

The submission must identify agreed and disputed jury interrogatories or instructions, with separate legal authority cited for each disputed item.

The interrogatories/instructions agreed upon by all counsel shall be identified. Disputed interrogatories/instructions shall likewise be identified along with separate citation to legal authority for each.

Applies to

Stipulations

All possible stipulations must be made before trial.

All possible stipulations are to be made prior to trial.

Applies to

Civil rule 26 f report

The parties should submit a Civil Rule 26(F) report before the case management conference.

The parties should submit a Civil Rule 26(F) report in advance of the conference.

Applies to

Case management order

The binding case management order should include discovery and expert deadlines, a dispositive-motion deadline, and final-pretrial and trial dates.

At the case management conference, the parties should have access to their calendars and should be prepared to enter a binding case management order that will include: a fact discovery cut-off, expert report deadlines, a deadline for filing of dispositive motions, as well as a final pretrial and a trial date.

Applies to

Default judgment

Must include

proposed order

A proposed judgment entry should accompany the default-judgment motion.

A proposed judgment entry should also be provided to the Court.

Applies to

Proposed order

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.

Applies to

Jury instructions

After serving their proposed jury materials, the parties should confer and seek agreement on a single set of instructions to the extent possible.

The parties should then confer in order to agree on a single set of instructions to the extent possible.

Applies to

Privilege log

Email attachments should share one Document ID with the email or, alternatively, be cross-referenced to the email’s Document ID.

The parties should try to submit attachments to emails as one Document ID with the email, or else note and cross-reference the Document ID of the email and attachment

Applies to

Jury instructions

The parties should confer and try to agree on a single set of jury instructions to the extent possible.

The parties should then confer in order to agree on a single set of instructions to the extent possible.