Judge John P. O’Donnell
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Deposition Objections
Exhibit List
- 2 copies
Courtesy copies
Court-wideTrial Documents, Trial Exhibits
Court-wide- At Least 2 Working Days Before Trial
Communication
Phone
Page & Word Limits1 rule
The body or text of documents is limited to ten pages, except for complaints, counterclaims, crossclaims, and third-party complaints.
The parties shall abide by Loc.R. 3.01(A), specifically limiting to ten (10) pages the body or text of any document, except a complaint, counterclaim, crossclaim or third party complaint. Further, the Court shall strictly enforce Civ.R. 11.
Document
10 pages
Document Format Requirements3 rules
Proposed instructions must be delivered to the court on a CD or by email one week before trial.
Instructions must be presented to the Court on a CD or by e-mail (CommonPleasCourtII@lakecountyohio.gov) one week before trial.
Proposed jury instructions may be submitted in Word or Word Perfect on a CD or by email to the Court, but ordinarily should not be filed with the Clerk unless needed to preserve appellate rights.
The instructions can be provided by electronic copy in Word or Word Perfect on CD or by email sent to CommonPleasCourtII@lakecountyohio.gov. Neither the written copy nor the electronic copy should be filed with the Clerk of Courts unless preservation of appellate rights is concerned.
Word is an acceptable format for proposed jury instructions.
Word or Word Perfect are acceptable formats.
Document Filing Requirements11 rules
Counsel must stipulate under Rule 11 that the pre-trial statement representations are accurate.
Counsel stipulate under provision of Rule 11 to the accuracy of the representations made above.
Document Type
Pretrial Statement
If counsel has not been appointed by arraignment, a motion for appointment must be filed with an affidavit of indigency.
If counsel has not been appointed in this manner at arraignment, a Motion for Appointment must be filed along with an Affidavit of Indigency.
Document Type
Motion For Appointment
Defendant’s counsel must prepare a Judgment Entry directing the Lake County Adult Probation Department to evaluate the defendant, submit a report, prepare a Pre-Sentence report, and obtain a Victim Impact Statement if applicable.
Defendant’s counsel shall prepare a Judgment Entry directing the Lake County Adult Probation Department to evaluate the defendant and submit a report based on the evaluation. The Lake County Adult Probation Department shall be directed to supplement said report by preparation of a Pre-Sentence report. The Entry shall also direct the Adult Probation Department to obtain a Victim Impact Statement pursuant to R.C. §2947.051, if applicable.
Document Type
Judgment Entry
Appointed counsel must present the court with a judgment entry.
Counsel shall also present the Court with a Judgment Entry.
Document Type
Judgment Entry
Every pleading, motion, brief, or other filed paper must identify the preparing attorney and include the attorney's email address.
Pursuant to Loc.R. 3.01(C), every pleading, motion, brief or other paper filed in a case shall bear the name of the individual attorney, if any, who prepared such document, together with identifying information as set forth in Civ.R. 11, including in particular, an email address.
Document Type
Pleading Motion Brief Or Other Filing
Counsel must submit proposed jury instructions covering all charges, specifications, and affirmative defenses.
Counsel shall submit to the Court proposed instructions for all charges, specifications and affirmative defenses.
Document Type
Jury Instructions
Every filed pleading, motion, brief, or other paper must identify the preparing attorney and include Civ.R. 11 information, particularly an email address.
Pursuant to Loc.R. 3.01(C), every pleading, motion, brief or other paper filed in a case shall bear the name of the individual attorney, if any, who prepared such document, together with identifying information as set forth in Civ.R. 11, including in particular, an email address.
Document Type
Pleading Motion Brief Or Other Paper
Counsel must give the pretrial form to the court’s bailiff at the pretrial, and the form must not be filed.
Each counsel shall submit the pretrial form to the Court’s bailiff at the time of the pretrial. The pretrial form shall not be filed.
Document Type
Pretrial Form
A motion requiring an earlier ruling must be emailed to the court immediately upon filing, include certification of service on the motion and copies, and specify the requested advanced rule day.
Counsel filing motions which require ruling prior to the normally anticipated rule day shall bring such motions to the attention of the court immediately upon filing same by email at CommonPleasCourtII@lakecountyohio.gov, and shall certify upon the motion, and copies thereof, service upon all adverse parties, and shall specify the advanced rule day requested of the court.
Document Type
Motion Requiring Early Ruling
Any requested leave should be accompanied by a judgment entry.
All leaves should be accompanied by a judgment entry.
Document Type
Leave Request
Parties need not provide proposed instructions for introductory or closing remarks or listed general topics unless a particular instruction outside the Ohio Jury Instructions is warranted.
The parties do NOT need to provide instructions for introductory or closing remarks or general topics such as the burden of proof, evidence, credibility, and verdicts, unless a particular instruction outside of OJI is warranted.
Document Type
Jury Instructions
Filing & Service rules
Filing Timing and Cure Windows
Proposed jury instructions must be presented to the court one week before trial.
Instructions must be presented to the Court on a CD or by e-mail (CommonPleasCourtII@lakecountyohio.gov) one week before trial.
Page 2 | Amended Order Judgment Entry
Trial briefs must be filed with the Clerk of Courts fourteen days before the scheduled trial date.
Trial briefs shall be filed with the Clerk of Courts fourteen (14) days prior to the scheduled trial date.
Page 3 | TRIAL PROCEDURES
The settlement judgment entry must be submitted within thirty days after reporting settlement or by the trial date, whichever is earlier, and should dispose of all claims and related claims.
The judgment entry of settlement is to be submitted to the Court within thirty (30) days of reporting settlement or by the trial date, whichever occurs first, and should dispose of all claims, crossclaims, counterclaims, etc.
Page 4
Service and Proof of Service Rules
Hearing notices and non-final appealable judgment entries must be emailed to counsel.
All hearing notices, and Judgment Entries which are not final appealable orders, shall be sent to counsel by email.
Page 1 | Amended Order Judgment Entry
The defendant and counsel must notify the court in writing of any address change and file the change with the clerk of courts.
Defendant and counsel are obligated to notify the Court in writing and file with the Clerk of Courts any change of address.
Page 2 | Amended Order Judgment Entry
All hearing notices and non-final-appealable judgment entries must be emailed to counsel, while final appealable orders are excluded.
All hearing notices and Judgment Entries which are not final appealable orders, shall be sent to counsel by email.
Page 1 | CASE MANAGEMENT PROCEDURES
Courtesy Copy Requirements
Deposition objections must be filed by motion at least fourteen days before trial, identify the specific objections and pertinent transcript portions, and be emailed as a courtesy copy to the Court.
Where video depositions or written depositions are to be used at trial, objections to any testimony must be filed at least fourteen (14) days before trial by motion, listing the specific objections upon which ruling is required, as well as transcribing those portions pertinent to the objections. Courtesy copy of objections shall be emailed to the Court at CommonPleasCourtII@lakecountyohio.gov.
Page 3 | TRIAL PROCEDURES
Two copies of the exhibit list must be delivered to the Court on the day of trial.
Two (2) copies of the exhibit list shall be delivered to the Court on the day of trial.
Page 4
Sealing & Redaction Procedures
Filing parties and counsel must redact personal and private information, including social security numbers and full financial account numbers, before filing; unredacted documents may be stricken.
Pursuant to the Court of Common Pleas Loc.R. 2.06 certain “personal and private” information, including social security numbers and full financial account numbers, shall not be included in a public record. It is the responsibility of the filing party and counsel to remove such information prior to filing. Documents containing personal and private information that is not redacted may be stricken from the record.
Page 3
Adjournment & Extension Requirements
Only one 30-day extension will be permitted for an answer.
Only one (1) thirty day leave will be permitted on the answer.
Page 2 | PRETRIAL PROCEDURES
Filing a leave to plead, motion, or other pleading must not change the scheduled pretrial or trial dates.
The filing of leaves to plead, motions or other pleadings, on any matter, shall not change pretrial or trial dates.
Page 2 | PRETRIAL PROCEDURES
A trial continuance requires a written motion signed by the client, supporting affidavit or other appropriate documentation, and an accompanying judgment entry providing space for the court to insert new dates.
No continuance of a TRIAL date will be granted without filing a written motion with the signature of the client along with a supporting affidavit or other appropriate documentation. The motion must be accompanied by a judgment entry with a blank space for the Court to insert the next appropriate court date(s).
Page 3 | TRIAL PROCEDURES
A continuance of a case management conference, settlement conference, or pretrial may be requested by telephone call to the Assignment Commissioner at (440) 350-2705.
Continuance of any case management, settlement conference or pretrial may be obtained upon a telephone call to the Court’s Assignment Commissioner at (440) 350-2705.
Page 2 | PRETRIAL PROCEDURES
Chambers Communication Rules
The court must be notified immediately by telephone when a nollie prosequi is entered or the defendant wishes to change the plea.
The Court is to be notified by telephone immediately when a nollie prosequi is entered or when the defendant wishes to change their plea.
Page 2 | Amended Order Judgment Entry
Contact the Court’s Scheduler directly at 350-2662 to request a hearing, request a continuance, or report a settlement.
To request a hearing, request a continuance or report a settlement, please contact the Court’s Scheduler* directly at 350-2662.
Page 1 | Judge John P. O’Donnell