The initial pretrial serves as the first opportunity for litigants to meet with the Court and discuss theories of the case and scheduling. For this reason the attorney of record must attand the first pretrial. If a scheduling conflict necessitates that another attorney attend in place of the counsel of record, the attending attorney must have counsel of record’s calendar for scheduling.
Judge Callahan does not require parties who are represented by counsel to attend the initial pre-trial conference; however, counsel should be aware of any dates that may pose a conflict for their clients. Telephone attendance is NOT permitted
Judge Callahan schedules pretrials for most foreclosure cases, during which time a determination will be made regarding the appropriateness of referring the matter to the Court’s Mediation Specialist. Attendance at the pretrial is required regardless of whether parties are in the process of obtaining a loan modification or forbearance agreement. Telephone attendance is NOT permitted.
A sample Case Management Order may be found here.
Please refer to your specific case management order for deadlines and instructions regarding discovery, expert witnesses and reports, motions, and jury instructions.
All attorneys are advised that, at this time, the Clerk’s docket typically runs approximately three weeks behind. Absent a time-stamped courtesy copy, the Court has no way of knowing that a motion or brief has been filed. In order to insure timely rulings by the Court, time-stamped courtesy copies are required. Time-Stamped courtesy copies may be submitted electronically to firstname.lastname@example.org or via facsimile (15 page limit) at 330-643-2410, or hand-delivery on the day of filing.
All dates are set with counsels’ input and calendar. As such, continuances are not liberally granted. If an emergency arises or counsel is faced with an unavoidable conflict, a motion for continuance must be made in writing. Please see “Courtesy Copies of Civil Filings.”
If the continuance is granted it shall be the responsibility of the moving party to secure a new date that is mutually acceptable to the Court and opposing counsel.
For cases requiring the use of expert witnesses the Court may require that a report be submitted at the time of expert identification. This determination is made on a case-by-case basis and with counsel’s input. Please review your specific case management order.
Counsel and their clients are required to attend the final pretrial conference. If an insurance company is involved, a representative with full settlement authority shall attend. Parties should be prepared to discuss settlement. Parties should also be prepared to discuss any motions in limine, jury instructions, manner and method of presenting witnesses, and anticipated length of trial.
Judge Callahan holds criminal call day on Wednesday mornings. Wednesday afternoons are typically reserved for Re-Entry Court which begins at 1:00 P.M., followed by criminal hearings. Occasionally Wednesday afternoons will be reserved for a jury trial in progress.
Jury trials are scheduled to begin on Mondays and Thursdays. Typically, there will be no trials on Wednesday due to criminal call day. Trials will usually adjourn for the day as close to 5:00 P.M. as practicable. Counsel should schedule their witnesses accordingly.
Judge Callahan does not utilize jury questionnaires unless requested by counsel. Parties who wish to utilize a jury questionnaire for voir dire must provide the Court and opposing counsel the proposed questionnaire at least fourteen days prior to trial.
Due to budget constraints Judge Callahan’s courtroom has limited technological capabilities at this time. Parties must provide their own technology, if desired, for presentation of evidence. Parties may contact the Court for further information or instruction.