Hamilton County Court of Common Pleas, General Division Filing Rules

If the parties disagree about an element of the discovery plan, each side should state its position.

A Pretrial Statement must identify trial readiness and issues, and include potential witnesses, exhibits, motions in limine, specified jury instructions, settlement status, and case-specific issues.

Pursuant to Civ.R. 26, counsel are required to meet 21 days prior to the initial case management conference to develop a discovery plan. The Court’s suggested proposed discovery plan form is available here. If the parties cannot agree on an element of the proposed discovery plan, they should indicate their respective positions thereon. The proposed discovery plan should be filed 7 days prior to the initial case management conference.

Trial briefs must include facts, controlling law, stipulations, a witness list with testimony descriptions, and an exhibit list with descriptions.

An online organization seeking new-media courtroom access must establish that it meets the new-media definition and submit links to two qualifying bylined articles published within the past six months.

Criminal motions are scheduled in the morning.

Ex parte communications with the Judge and staff are prohibited, subject to stated exceptions; email is preferred and must include all attorneys and unrepresented parties.

Direct criminal questions to the Bailiff and civil or non-case-related inquiries to the Staff Attorney.

Contact the Staff Attorney to set a hearing in a civil case.

To set a hearing in a civil case, contact the law clerk.

An opposition to a motion in limine is due 14 days thereafter.

The parties must file an Ohio Civil Rule 26(f) case plan no later than five business days before the initial CMC.

For deposition or video testimony, objections must be filed and ruled on at least 7 business days before trial, and the testimony must be reviewed and edited beforehand.

Pretrial statements are due at least three business days before the pretrial conference.

Motions in limine must be filed at least 28 days before trial.

After the parties select a trial date at the DSC, a continuance will not be granted without diligent preparation efforts and unexpected and unavoidable circumstances requiring the change.

Contact the Staff Attorney in advance to reschedule the initial case management conference.

If no defendant has been served 45 days before the CMC, the Plaintiff must move to continue and explain how and when service will be completed.

A continuance request should specify a date, preferably agreed to by opposing counsel, and counsel must have a valid reason for requesting it.

The discovery deadline in the case management order may not be extended without prior Court approval.

File proposed jury instructions 14 days before trial and email them to the Staff Attorney in Word format.

A proposed entry should be emailed to the Court’s staff attorney in Word format when a civil motion is filed.

The proposed Entry accompanying a dispositive motion must be Word-formatted.

A motion to continue a set civil trial date must be made in writing even if both parties agree.

All exhibits, marked with exhibit numbers/letters, should be submitted to the Court at least three business days before the trial.

A file-stamped courtesy copy of a motion should be provided to the Court in advance by U.S. Mail, email, or drop-off.

A file-stamped courtesy copy of each civil motion and brief should be provided to the Court.

A courtesy copy of the motion, opposition, and reply must be provided to the Staff Attorney as a hard copy or by email.

In criminal cases, hearing requests must be made in writing and scheduled with the bailiff, and a file-stamped courtesy copy of any motion must be provided to the Court before the hearing.

A file-stamped courtesy copy should be provided to the court.

Civil motions in limine are due 14 days before trial, responses are due 7 days later, and replies are prohibited unless ordered.

Civil motions are generally decided on the papers after briefing is complete, without oral argument.

Parties must attempt to resolve a discovery dispute before seeking court involvement.

The Court will not hear disputes that arise after the discovery deadline.

Before filing a discovery motion, the parties must contact Judge Wagner’s Staff Attorney as soon as possible to arrange an attorney conference with the Court by telephone, video, or in person.

Motion hearing exhibits must be provided to the opposing party and the Court before the hearing.

The plaintiff must complete service on at least one defendant within six months or the case may be dismissed sua sponte for lack of prosecution.

Motion hearing exhibits must be provided to the opposing party.

Requests for production and interrogatories must be served before the CMC.

Motion briefs are limited to 20 pages, and the motion submission with exhibits is limited to 60 pages total.

Motion briefs are limited to 20 pages, and the total motion submission including exhibits is limited to 60 pages.

The completed form should be submitted to CrossLawClerk@cms.hamilton-co.org.

Rule 26(B) disclosures must not be filed with the Court.

Proposed civil jury instructions must be emailed to the law clerk one week before trial.

Since Trial Briefs shall be submitted simultaneously, parties should anticipate the opposing party’s legal issues.

Bench-trial briefs are filed simultaneously, and each party is expected to anticipate and respond to the opposing arguments.