Franklin County Court of Common Pleas Pre-Motion Conference Requirements

Before filing a discovery motion, counsel must make reasonable efforts and meet and confer with the other party; a single email is insufficient, and the Court generally will not hear a discovery dispute without a motion certifying those efforts.

Pursuant to Civil Rule 37, before filing any discovery motions, counsel shall make reasonable efforts to resolve the dispute and must meet and confer with the other party. A single email to opposing counsel does not constitute a reasonable effort. The Court generally will not hold conferences or hearings on discovery disputes without counsel first filing a motion and certifying therein the efforts to resolve the matter.

Court approval must be obtained before filing a motion or memorandum out of rule or after the case-schedule deadline, and a stipulation among counsel does not change a deadline without Court approval.

It is necessary to obtain leave of Court prior to filing a Motion or Memorandum out of rule or beyond the deadline set in the Case Schedule. Leave to file Motions late in a case may jeopardize the trial date and may be denied for that reason alone. Do not expect that a Stipulation among counsel will change any deadline absent Court approval.

Motions in limine are strongly discouraged and may be filed only after good-faith discussion and certification that counsel met and exhausted efforts to resolve the issues.

Such motions are strongly discouraged. They may only be filed after discussion in good faith among counsel, and after counsel certify they have met and exhausted efforts to resolve the issue(s).

Parties must make reasonable pre-motion efforts to resolve discovery disputes before filing discovery motions.

Civ. R. 26(C), Civ. R. 37(A)(1), Civ. R. 45(C)(2), and Loc. R. 26.01 all require parties to make reasonable pre-motion efforts to resolve their discovery disputes. These obligations are strictly enforced in Courtroom 5A. Discovery motions made without first making such reasonable pre-motion efforts will often be denied, without prejudice, for that reason alone.

A discovery motion filed without a prior status conference will likely be denied because the movant will be presumed not to have made adequate good-faith efforts.

Conversely, if a discovery motion is filed without there having first been a pre-motion discovery status conference, the Court will presume that the movant has not yet engaged in all good faith pre-motion efforts to resolve the dispute. As such, the motion will likely be denied without further discussion.

Before filing a discovery motion, counsel must make reasonable efforts to resolve the dispute, and a single email is insufficient.

Pursuant to Civil Rule 37, before filing any discovery motions, counsel shall make reasonable efforts to resolve the dispute. A single email to opposing counsel does not constitute a reasonable effort.

The Court generally will not hold a discovery conference or hearing unless counsel first files a motion certifying its efforts to resolve the dispute.

The Court generally will not hold conferences or hearings on discovery disputes without counsel first filing a motion and certifying therein the efforts to resolve the matter.

Motions in limine are strongly discouraged and may be filed only after good-faith discussion and certification that counsel exhausted efforts to resolve the issues.

Such motions are strongly discouraged. They may only be filed after discussion in good faith among counsel, and after counsel certify they have met and exhausted efforts to resolve the issue(s).

Counsel must participate in discovery conferences with opposing counsel and freely exchange discoverable information and documents upon informal request.

Counsel will participate in discovery conferences with opposing counsel and shall freely exchange discoverable information and documents upon informal request.

Counsel must make every effort to resolve discovery disputes by agreement before filing a motion with the court.

Counsel shall make every effort to resolve discovery disputes by agreement prior to filing motions with the Court.

Before filing any discovery motion, counsel must make reasonable efforts to resolve the dispute independently.

Pursuant to Civ.R. 37, before filing any discovery motions, counsel shall make reasonable efforts to resolve the dispute(s) on their own.

Counsel seeking to amend the case schedule should consider the applicable presumptive trial deadlines, comply to the best of their ability, and consult other counsel about conflicts before approaching the Court.

When filing Motions to amend the Case Schedule, please be sensitive to the Local Rules governing presumptive time to trial for various types of cases, and invest your best effort to comply. Be certain to talk to all other Counsel regarding conflicting vacations or court assignments before approaching the Court.

After good-faith efforts fail, parties should request a pre-motion discovery status conference.

If the parties to a discovery dispute have met, conferred, made a good faith effort to resolve it, but remain at odds, they should contact the 5A Staff Attorney to request a pre-motion discovery status conference.

If the parties remain unresolved after a discovery status conference, the Court will set a briefing schedule for a future discovery motion.

If the parties do not reach an agreement at this pre-motion discovery status conference, the Court will set a briefing schedule for future discovery motions practice.

Counsel should address Daubert issues among themselves and, absent agreement, with the Court at the final pretrial conference.

If there are Daubert issues counsel should address them with each other and, barring agreement, with the court at the Final Pretrial Conference.

When counsel cannot resolve a discovery dispute, the parties should request a status conference.

If counsel cannot resolve a discovery dispute, the parties should request a status conference to discuss outstanding issues.

A motion in limine may be filed only after good-faith discussions and certification that counsel exhausted efforts to resolve the issues.

Motions in limine should only be filed after discussion in good faith among counsel, and after counsel certify they have met and exhausted efforts to resolve the issues.

Motions in limine will be heard orally on the morning of trial unless counsel requests an advance ruling.

Motions will be heard orally on the morning of trial, unless counsel requests a ruling in advance of trial.

When court intervention is needed for a discovery dispute, the court prefers a status conference before motion practice.

If a discovery dispute necessitates court intervention, however, the court prefers scheduling a status conference first to avoid unnecessary motion practice.

Counsel is strongly encouraged to discuss time-sensitive motions and possible briefing stipulations with opposing counsel before filing.

The Court strongly encourages advance discussion with opposing counsel prior to filing time-sensitive motions to seek agreements/stipulations on both the subject of the motion and any briefing deadlines.

A pre-motion status conference is unnecessary when a party seeks an order compelling responses or disclosures that are merely past due.

In such situations, a pre-motion status conference is not necessary.

Parties are encouraged, but not required, to contact the Staff Attorney and request a status conference before pursuing discovery-related motion practice.

Parties are encouraged to contact the Staff Attorney and request a status conference prior to resorting to discovery related motions practice.

Parties are encouraged to contact the Staff Attorney and request a status conference before pursuing discovery-related motion practice.

Parties are encouraged to contact the Staff Attorney and request a status conference prior to resorting to discovery related motions practice.

When a dispute would benefit from an ad hoc status conference outside the normal case schedule, parties are encouraged to contact the court and schedule one.

Ad Hoc: If parties believe a dispute would benefit from a status conference with the court outside the normal case schedule, parties are encouraged to contact the court to schedule a conference.