Judge Taryn L. Heath
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Adjournments
- An extension of time for filing a responsive pleading or brief or completing discovery requires a written motion and a particularized showing of good cause, optionally supported by a party stipulation.
Request must include
Communication
Chambers
Chambers
Phone
Phone
Chambers
Phone
Phone
Chambers
Page & Word Limits1 rule
Support and responsive briefs are limited to 20 pages excluding appendices and tables of cases, reply briefs are limited to 12 pages, and the Court may grant a page increase on a showing of good cause.
No brief in support of a motion or responsive brief, excluding appendices and table of cases, shall exceed twenty (20) pages, unless, upon motion requesting an increase of a specific number of pages and the showing of good cause, this Court orders otherwise. No reply brief shall exceed twelve (12) pages. All motions and briefs shall be double-spaced. Any motion or brief which does not comply with the aforementioned directions may be stricken by the Court.
Brief
20 pages
Opposition
20 pages
Reply Brief
12 pages
Document Format Requirements5 rules
All motions and briefs must be double-spaced, and noncompliant filings may be stricken.
No brief in support of a motion or responsive brief, excluding appendices and table of cases, shall exceed twenty (20) pages, unless, upon motion requesting an increase of a specific number of pages and the showing of good cause, this Court orders otherwise. No reply brief shall exceed twelve (12) pages. All motions and briefs shall be double-spaced. Any motion or brief which does not comply with the aforementioned directions may be stricken by the Court.
Motions must be written, and the Court will not consider oral motions.
All motions must be made in writing. The Court will not consider oral motions.
In all jury cases, proposed jury instructions, interrogatories, and verdict forms must be emailed to Magistrate Stephan Babik in Microsoft Word format at least one week before trial.
(20) In all jury cases, any proposed jury instructions, interrogatories, and verdict forms shall be submitted to the Court at least one (1) week before the scheduled trial via e-mail to Magistrate Stephan Babik at spbabik@starkcountyohio.gov in Microsoft Word format.
DOCX
The plaintiff must number exhibits, the defendant must letter them, multiple-party exhibit labels must include the party’s last name, and defendant exhibits beyond twenty-six must use double letters.
exhibits with numbers and the defendant shall mark exhibits with letters. If there are multiple parties, numbers or letters shall be used followed by the parties’ last name, i.e., “1-Miller” or “A-Jones”. If the defendant has more than twenty-six (26) exhibits, double letters shall be used, i.e. AA, BB, CC, etc.
All exhibits must be marked with official exhibit stickers before trial.
All exhibits shall be marked before trial with official exhibit stickers.
Document Filing Requirements7 rules
One copy of all proposed trial exhibits and an indexed brief description of each exhibit must be furnished to the court at least two working days before trial.
One (1) copy of all exhibits proposed to be introduced at trial, along with an index of the exhibits containing a brief description of each exhibit, shall be furnished to the Court no later than two (2) working days before the scheduled trial date.
Document Type
Trial Exhibits
A deposition submitted for a court ruling must be provided one week before trial, reference the objections and reasons for them, and flag each objection for easy location.
(22) Any deposition to be ruled on by the Court shall be submitted to the Court one (1) week prior to the scheduled trial date and shall include reference to objections and the reason therefore. Each objection shall be flagged for easy location by the Court.
Document Type
Deposition Submission
In jury cases, proposed jury instructions, interrogatories, and verdict forms must be submitted to Magistrate Babik by email in Microsoft Word format at least one week before trial, and proposed instructions must include a supporting OJI or case citation and be exchanged by counsel.
(20) In all jury cases, any proposed jury instructions, interrogatories, and verdict forms shall be submitted to the Court at least one (1) week before the scheduled trial via e-mail to Magistrate Stephan Babik at spbabik@starkcountyohio.gov in Microsoft Word format. Proposed jury instructions filed outside the foregoing time limit will not be accepted by this Court absent a showing that unexpected testimony and/or issues necessitated a later filing. Counsel are required to exchange copies of the proposed jury instructions. All proposed instructions shall include a supporting OJI or case citation.
Document Type
Proposed Jury Instructions
In jury cases, counsel must confer and agree on a short statement of the case and submit it to the court at least two working days before trial.
(21) In all jury cases, counsel shall confer and agree upon a short statement of the case to be read by the court to the jury during jury selection. Said agreed upon statement shall be submitted to the Court at least two (2) working days before the scheduled trial.
Document Type
Statement Of The Case
Experts must be identified by notice filed with the court, together with the expert’s report when required.
(24) All experts are to be identified by notice filed with the Court along with the expert’s report, if required.
Document Type
Expert Notice
When the parties anticipate needing a Stipulated Protective Order, a proposed order should be submitted within 30 days of the Court’s Case Management Order.
If so, a proposed Stipulated Protection Order should be submitted within 30 days of the Court’s Case Management Order.
Document Type
Stipulated Protective Order
Counsel are encouraged, but not required, to file trial briefs at least one week before trial, and such briefs should address facts, controlling law, proposed witnesses, proposed exhibits, and likely evidentiary issues.
(23) Counsel are encouraged to file trial briefs at least one (1) week before the scheduled trial date. Trial briefs should include: (a) a statement of 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.
Document Type
Trial Brief
Filing & Service rules
Filing Timing and Cure Windows
Motion responses are due under Ohio Civil Rule 6 unless the Court orders otherwise.
Responses to motions are due within the time set forth in Ohio Civil Rule 6, unless otherwise ordered by the Court.
Page 1 | Motions
One copy of all proposed trial exhibits and the exhibit index must be furnished to the court no later than two working days before trial.
One (1) copy of all exhibits proposed to be introduced at trial, along with an index of the exhibits containing a brief description of each exhibit, shall be furnished to the Court no later than two (2) working days before the scheduled trial date.
Page 2 | Trial
A motion to add parties generally must be filed within 60 days after the complaint, unless the party first obtains written leave of court.
Motions to add parties shall not be made more than sixty days after the filing of the complaint unless written leave of Court is first obtained.
Page 2 | Motions
Any written stipulations must be submitted to the court no later than the final pre-trial hearing date.
Written stipulations, if any, shall be submitted to the Court no later than the date of the final pre-trial hearing.
Page 2 | Trial
Counsel must confer at least 10 days before the final pre-trial hearing to determine whether factual or issue stipulations are possible.
Counsel shall confer at least ten (10) days prior to the scheduled FINAL PRE-TRIAL HEARING to determine whether they can enter into stipulations relative to the facts or issues.
Page 2 | Trial
The court must receive the proposed-witness list and descriptions of expected testimony at least two working days before trial.
A list of proposed witnesses, together with a description of their expected testimony, shall be furnished to the Court no later than two (2) working days before the scheduled trial date.
Page 2 | Trial
Counsel must exchange all exhibits and exhibit indices no later than two working days before trial.
Counsel shall exchange copies of all exhibits and exhibit indices no later than two (2) working days before the scheduled trial date.
Page 2 | Trial
The agreed-upon statement of the case must be submitted to the court at least two working days before trial.
(21) In all jury cases, counsel shall confer and agree upon a short statement of the case to be read by the court to the jury during jury selection. Said agreed upon statement shall be submitted to the Court at least two (2) working days before the scheduled trial.
Page 3 | Motions
A deposition requiring a court ruling must be submitted to the court one week before the scheduled trial date.
(22) Any deposition to be ruled on by the Court shall be submitted to the Court one (1) week prior to the scheduled trial date and shall include reference to objections and the reason therefore.
Page 3 | Motions
In all jury cases, proposed jury instructions, interrogatories, and verdict forms must be submitted to the court at least one week before the scheduled trial by email.
(20) In all jury cases, any proposed jury instructions, interrogatories, and verdict forms shall be submitted to the Court at least one (1) week before the scheduled trial via e-mail to Magistrate Stephan Babik at spbabik@starkcountyohio.gov in Microsoft Word format.
Page 3 | Motions
Proposed jury instructions submitted outside the one-week deadline will not be accepted absent a showing that unexpected testimony or issues necessitated late filing.
(20) In all jury cases, any proposed jury instructions, interrogatories, and verdict forms shall be submitted to the Court at least one (1) week before the scheduled trial via e-mail to Magistrate Stephan Babik at spbabik@starkcountyohio.gov in Microsoft Word format. Proposed jury instructions filed outside the foregoing time limit will not be accepted by this Court absent a showing that unexpected testimony and/or issues necessitated a later filing.
Page 3 | Motions
Counsel are encouraged to file trial briefs at least one week before the scheduled trial date.
(23) Counsel are encouraged to file trial briefs at least one (1) week before the scheduled trial date.
Page 3 | Motions
Service and Proof of Service Rules
All parties must comply with Ohio Civil Rule 12(A)'s service deadlines for answers and replies.
The Court specifically orders all parties to comply with the time limits for serving answers and replies set forth in Ohio Civil Rule 12(A).
Page 1 | Motions
Counsel must exchange copies of the proposed jury instructions.
(20) In all jury cases, any proposed jury instructions, interrogatories, and verdict forms shall be submitted to the Court at least one (1) week before the scheduled trial via e-mail to Magistrate Stephan Babik at spbabik@starkcountyohio.gov in Microsoft Word format. Counsel are required to exchange copies of the proposed jury instructions.
Page 3 | Motions
Adjournment & Extension Requirements
An extension of time for filing a responsive pleading or brief or completing discovery requires a written motion and a particularized showing of good cause, optionally supported by a party stipulation.
A party seeking an extension of time within which to file a responsive pleading or brief, or within which to complete discovery, must file a written motion, which may include a stipulation by the parties. Such motions must be supported by a brief, which demonstrates with particularity the good cause that justifies the granting of an extension.
Page 2 | Motions
Chambers Communication Rules
Counsel must notify Melanie by phone or email promptly after settlement and no later than the day before the scheduled final pre-trial or trial.
If the parties reach a settlement in the case counsel are directed to notify Melanie at 330.451.7708 or mpjohn@starkcountyohio.gov as soon as a settlement has been reached but no later than the day before scheduled final pre-trial and/or trial dates.
Page 1 | Initial Pre-Trial Conferences
Counsel must advise Magistrate Babik of objections to the proposed jury instructions.
You will be provided with a draft of the jury instructions on or about the first day of trial. Counsel is to review the draft jury instructions and advise Magistrate Babik 330.451.7716 (spbabik@starkcountyohio.gov) of any ===== PAGE 4 ===== objections to the proposed instructions.
Page 3 | Jury Instructions
Counsel must review the draft jury instructions and advise Magistrate Babik by phone or email of any objections; the judge or magistrate will then meet with counsel to review final instructions.
You will be provided with a draft of the jury instructions on or about the first day of trial. Counsel is to review the draft jury instructions and advise Magistrate Babik 330.451.7716 (spbabik@starkcountyohio.gov) of any ===== PAGE 4 ===== objections to the proposed instructions. The Judge and/or Magistrate will meet with all counsel to review final instructions.
Page 3 | Jury Instructions
Parties seeking a court mediation that was not initially scheduled should contact Jennifer Schneider at the stated number and provide available dates.
In the event you are not initially scheduled for court mediation and you would like to be, please contact Jennifer Schneider at 330.451.7703 with available dates.
Page 1 | Initial Pre-Trial Conferences
Telephonic status conferences may be scheduled before Magistrate Babik, and plaintiff's counsel must initiate the call at the stated number.
Telephonic Status Conferences may be scheduled before Magistrate Stephan Babik. Plaintiff’s counsel is directed to initiate the call, contacting Magistrate Babik at 330.451.7716.
Page 1 | Initial Pre-Trial Conferences
Attorneys are encouraged to use the available courtroom technology and may contact Haley McKrill by phone or email to obtain court time for familiarization.
Attorneys are encouraged to utilize the available technology and contact Haley McKrill at 330.451.7712 or hmmckrill@starkcountyohio.gov for court time to familiarize themselves with the courtroom technology.
Page 4 | Technology