Judge Shannon M. Gallagher
Individual Rules, Standing Orders & Policies
Limits & Logistics
Courtesy Copies
Filings > 10 pages
- Hand Delivery • After Submission
Adjournments
- Requests to modify the case-management schedule must be made by joint or unopposed motion and include proposed dates.
- Every continuance request must be made by motion.
- The parties may mutually extend the discovery-completion deadline, but the extension may not alter any other scheduled event, deadline, or mediation.
- +3 more
Request must include
Communication
Chambers
Phone
Phone
Court-wideClerk
Document Filing Requirements8 rules
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.
Document Type
Trial Materials
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.
Document Type
Discovery Motion
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.
Document Type
Proposed Findings Conclusions
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.
Document Type
Settlement Mediation Or Pretrial Statement
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.
Document Type
Proposed Order
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.
Document Type
Motion
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.
Document Type
Motion For Default Judgment
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.
Document Type
Jury Instructions
Filing & Service rules
Electronic Filing Rules
Proposed orders may optionally be submitted through the Clerk of Court’s electronic filing system.
Proposed orders may also be submitted to the Court through the Clerk of Court's electronic filing system.
Page 1 | Motion Practice
Filing Timing and Cure Windows
Responses to a motion in limine are due seven days after filing, or three days before trial.
Pursuant to Loc.R.11(C), all responses are due seven thereafter, or three days prior to trial.
Page 1 | Trials
The Court will not rule on an unopposed motion until both the tolling period and the opposing party’s response period have expired.
The Court will not rule on any unopposed motions, unless the motion is otherwise designated as unopposed, until after both the tolling period and the opposing party’s response time have expired.
Page 1 | Policies Related to COVID-19
All time requirements for civil case filings were suspended and tolled beginning March 9, 2020.
Pursuant to the Ohio Supreme Court’s 03/27/2020 Administrative Actions Order, all time requirements for civil case filings have been suspended and tolled as of 03/09/2020.
Page 1 | Policies Related to COVID-19
A default-judgment motion tied to a responsive pleading due before March 9, 2020 will not be ruled on or scheduled for hearing until tolling and the opposing party’s response period expire.
If a Plaintiff proceeds forward in filing a Motion for Default Judgment in a case in which an Answer or responsive pleading was due prior to 03/09/2020, the Court shall hold its ruling in abeyance and will not schedule the matter for a hearing until the tolling period and the opposing party’s response time have expired.
Page 1 | Policies Related to COVID-19
A motion in limine must be filed no later than ten days before trial.
Any motions in limine shall be filed no later than ten days prior to trial.
Page 1 | Trials
Service and Proof of Service Rules
In a civil case without a jury demand, the proposed findings of fact and conclusions of law must be served on opposing counsel 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.
Page 1 | Bench Trials
The plaintiff must serve written notice of the default hearing and provide a certified-mail receipt, an ordinary-mail service affidavit, a military-status affidavit, and a proposed journal entry.
The Plaintiff is required to send written notice of the date and time of the hearing to the party against whom action is taken and shall provide the Court with proof that the notification letter was sent by virtue of a certified mail receipt and an affidavit of service via ordinary mail, an affidavit that a search has been conducted and that defendant is not a current member of the military, and a proposed journal entry.
Page 1 | Default Judgments
Courtesy Copy Requirements
A hard copy of an e-filed motion or brief exceeding 10 pages, including exhibits, must reach the Bailiff or Staff Attorney within three days of e-filing.
A hard copy of any e-filed motion or brief in excess of ten (10) pages (including exhibits) must be delivered to the Bailiff or Staff Attorney within three (3) days of e-filing.
Page 1 | Motion Practice
Pre-Motion Conference Requirements
Before filing a discovery motion, the parties must contact the Staff Attorney and hold a telephone conference with all other parties.
Parties are required to contact the Staff Attorney and initiate a telephone conference with all other parties prior to filing any discovery motions (motion to compel, motion to quash, motion for protective order, etc.)
Page 1 | Discovery
Adjournment & Extension Requirements
Every continuance request must be made by motion.
All requests for continuances must be made via motion.
Page 1 | Calendaring and Continuances
Requests to modify the case-management schedule must be made by joint or unopposed motion and include proposed dates.
The Court requires joint or unopposed motions with proposed dates included.
Page 1 | Policies Related to COVID-19
A motion to continue trial must be written, state the reason for the request, and be endorsed in writing by the parties and counsel.
Motions to continue trial must be in writing, state the reason for the request, and be endorsed in writing by the parties as well as counsel.
Page 1 | Calendaring and Continuances
An agreed motion signed by all parties and counsel will be granted unless unusual circumstances or undue delays exist.
Agreed motions, signed by all parties and counsel, will be granted absent unusual circumstances or undue delays.
Page 1 | Calendaring and Continuances
The parties may mutually extend the discovery-completion deadline, but the extension may not alter any other scheduled event, deadline, or mediation.
Parties may, by mutual agreement, extend the deadline for completing discovery; provided, any such extension shall not, under any circumstances, alter any other court-scheduled events, deadlines, or mediation.
Page 1 | Discovery
A trial continuance may be granted when good cause is shown.
Consistent with Local Rule 17, continuances of trial may be granted for good cause shown.
Page 1 | Calendaring and Continuances
Chambers Communication Rules
An out-of-town party excused from appearing in person must remain available by telephone during the settlement conference or final pretrial.
All out of town parties who have been excused from making an in person appearance shall be available by telephone during the scheduled settlement conference or final pretrial.
Page 1 | Settlement Conference
The parties must email the Staff Attorney a Word document containing the joint proposed jury instructions.
Parties are to email a word document of the joint proposed jury instructions to the Staff Attorney at kdavenport@cuyahogacounty.us.
Page 1 | Trials
Parties may email Staff Attorney Kimberly Davenport about civil matters, copying all opposing counsel and pro se parties.
Any party may address questions about a civil matter to Judge Gallagher’s Staff Attorney Kimberly Davenport by email at kdavenport@cuyahogacounty.us, with all opposing counsel and/or pro se parties copied on the email.
Page 1 | Policies Related to COVID-19