Case Management Orders 

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.

Courtesy Copies of All Filings

Due to the number of filings, the Clerk’s docket typically runs two to three weeks behind.  Absent a courtesy copy, the Court has no way of knowing that a motion or brief has been filed.   In order to insure timely rulings, courtesy copies are required. Courtesy copies must be delivered to the Court by mail, hand-delivery and/or e-mail to obrienjatty@cpcourt.summitoh.net.  As previously stated, all e-mails to the Court shall list the case name, case number, and the name of the motion or other filing in the subject line of the e-mail.  By e-mailing courtesy copies of filings to the Court, counsel certifies that an identical document is being filed contemporaneously with the Clerk’s office.

Continuances

With the exception of the first pretrial conference, all dates are set with counsels’ input.  Accordingly, 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 All Filings”, listed above.

If a continuance is granted, it is the responsibility of the moving party to secure a new date that is mutually acceptable to the Court and opposing counsel.  Dates that are acceptable to the Court may be obtained from Judicial Assistant Michelle Dimeff at 330-643-8748 or mdimeff@cpcourt.summitoh.net. 

Expert Witnesses

For cases requiring the use of expert witnesses, the Court’s Case Management Order will set forth expert disclosure deadlines.  In addition to identifying experts, Judge O’Brien requires the production and exchange of expert reports.  Expert reports shall reflect the expert’s opinion as to each issue on which the expert will testify.  An expert will not be permitted to testify or provide opinions on issues not raised in the expert’s report.  Supplemental expert reports will be permitted only with leave of Court.

Final Pretrial Civil Conference

Trial 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.

As set forth in the Court’s Case Management Order, witness lists, stipulations, trial briefs, motions in limine, and transcripts of any videotape depositions that will be introduced at trial, including an index of objections, shall be filed and submitted to the Court and opposing counsel by the final pretrial.  Counsel shall also present a joint set of agreed jury instructions, verdict forms, and special interrogatories in written format and electronically by e-mail to the Court by the final pretrial.  Separate instructions, verdict forms, and special interrogatories shall be submitted only on those issues where agreement is not possible.

Jury Trials             

Jury trials are scheduled to begin on Mondays and Wednesdays.  Typically, there will be no trial held on Thursday 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 O’Brien 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 (14) days prior to trial.

Judge O’Brien encourages parties to use the available technology for the presentation of evidence.  Any party may contact the Court prior to trial for a tutorial and opportunity to review the available technology.  The Court technology allows for teleconference at the party’s own expense.  If a party chooses to use teleconferencing, the Court must be notified at least three weeks in advance. 

Assistance for the Hearing Impaired

Equipment is available to assist persons with hearing impairment. This equipment may be used by jurors, parties, witnesses, or anyone else in attendance at a hearing or trial. If a party believes that this equipment will be necessary or useful, please notify the Court in advance.

Criminal Call Day Procedures

Judge O’Brien holds criminal call day on Thursday mornings.  Thursday afternoons are typically reserved for criminal hearings and civil damages/default hearings.  Occasionally, Thursday afternoons will be reserved for a jury trial in progress. 

The Court desires to be efficient in the use of its time and the time of the parties and their attorneys.  In order to promote efficiency, the Court utilizes the following call day procedures:

First Pretrial Continuances

Defendants and counsel need not appear before the Court on the first pretrial if it is the intent of the defendant to seek a continuance.  Defense counsel may submit an order for continuance, approved by the defendant and the prosecutor, on the condition that counsel will have reviewed the prosecutor’s file prior to the date of the rescheduled pretrial.  Orders for first pretrial continuances are available the morning of call day or may be obtained in advance from the bailiff.  Time for such continuances shall be charged to defendants.

Sign In Sheets

Judge O’Brien utilizes sign in sheets for call day.  Counsel shall sign in upon arrival.  Cases will be called by the prosecutors in the order in which counsel signs in, with priority being given to those cases involving prisoners.

_______

IN THE COURT OF COMMON PLEAS

SUMMIT COUNTY, OHIO

                                                                                    )                       CASE NO. CV

                                                                                    )

                                                      Plaintiff,                )                       JUDGE TAMMY O’BRIEN

                                                                                    )

vs.                                                                                )

                                                                                    )

                                                                                    )                       ORDER

                                                      Defendant.            )

                                                                                    )

            A pre-trial conference was held in this matter on _______________________.  Pursuant to discussions held at that conference, the Court ORDERS:

            FACT DISCOVERY shall be completed on or before ___________.  The Court expects counsel to handle discovery civilly and professionally.  Discovery motions should only be filed when all other efforts to resolve a discovery dispute fail.  When such motions are necessary, counsel shall attach both an affidavit and supporting documentation demonstrating the efforts to obtain discovery without intervention from the Court.  Any discovery motion that does not comply with this order will be denied.

            Plaintiff’s expert(s) shall be identified and reports shall be filed on or before _______________.  Defendant’s expert(s) shall be identified and reports shall be filed on or before ________________.  Expert reports shall reflect the expert’s opinion as to each issue on which the expert will testify.  An expert will not be permitted to testify or provide opinions on issues not raised in the expert’s report.  Supplemental expert reports will be permitted only with leave of Court.

            DISPOSITIVE MOTIONS shall be filed on or before ___________________.  RESPONSES to dispositive motions shall be filed on or before _______________.  Any additional replies shall be filed pursuant to Loc.R. 7.14(C)(1) of the Court of Common Pleas of Summit County, General Division.

            A FINAL PRETRIAL has been set for ______________ at ________ a.m.   All trial counsel and parties (including insurance company representatives) must be present.   Counsel shall have complete authority to stipulate to matters of evidence, to make admissions, and to discuss settlement. 

            Witness lists, stipulations, trial briefs, motions in limine, and transcripts of any videotape depositions that will be introduced at trial, including an index of objections, shall be filed and submitted to the Court and opposing counsel by the final pretrial.  Counsel shall also present a joint set of agreed jury instructions, verdict forms, and special interrogatories in written format and electronically by e-mail to the Court by the final pretrial.  Separate instructions, verdict forms, and special interrogatories shall be submitted only on those issues where agreement is not possible.

            ALL EVIDENCE AND/OR EXHIBITS that the parties intend to offer at trial shall be marked for identification purposes and provided to opposing counsel ten (10) days prior to trial.  A separate list, together with a photocopy of reproducible exhibits, shall be given to the Court at the commencement of trial.  Failure to list an item will bar its use at trial.

            A JURY TRIAL shall be held on _________________ at 9:00 a.m.   Counsel shall report to the Court by 8:30 a.m. to discuss any remaining trial issues.  

            Note that the Court’s criminal call day is on Thursday mornings.  Accordingly, trial will not go forward on Thursday morning.

            Courtesy copies of all motions and responses and trial materials MUST be delivered to the Court by mail, hand-delivery and/or e-mail to obrienjatty@cpcourt.summitoh.net.  All e-mails to the Court shall list the case name, case number, and the name of the motion or other filing in the subject line of the e-mail.  By e-mailing courtesy copies of filings to the Court, counsel certifies that an identical document is being filed contemporaneously with the Clerk’s office.

            FAILURE TO COMPLY WITH ANY ORDER OF THIS COURT MAY RESULT IN SANCTIONS, INCLUDING ADVERSE JUDGMENT FOR FAILURE TO PROSECUTE OR DEFEND.

            IT IS SO ORDERED.

                                                                                    __________________________________

                                                                                    JUDGE TAMMY O’BRIEN

ATTORNEY

ATTORNEY