AMENDMENTS TO LOCAL RULE 2.07 EMERGENCY STATUS – EFFECTIVE DECEMBER 14, 2015 (MontCourt News & Announcements)

 
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AMENDMENTS TO LOCAL RULE 2.07 EMERGENCY STATUS – EFFECTIVE DECEMBER 14, 2015

Posted: 2015-12-08

NOTICE

MONTGOMERY COUNTY COMMON PLEAS COURT, GENERAL DIVISION

AMENDMENTS TO LOCAL RULE 2.07, PRETRIAL PROCEDURES IN CIVIL CASES

(EMERGENCY STATUS – EFFECTIVE DECEMBER 14, 2015)

The General Division of the Montgomery County Common Pleas Court adopted amendments to Local Rule 2.07 effective DECEMBER 14, 2015.

Pursuant to Mont. Co. C.P.R. 1.03 of the Local Rules of Practice and Procedure for the Montgomery County Court of Common Pleas and Rule 5 of the Rules of Superintendence for the Courts of Ohio, the adopted amendments are being published for a sixty-day comment period beginning Monday, December 14, 2015, through Thursday, February 11, 2016.

Comments regarding the adopted amendments to Local Rule 2.07 can be submitted via email to rulecom@montcourt.org or in writing to:

James E. Dare, Court Administrator

Montgomery County Common Pleas Court

41 N. Perry Street

P.O. Box 972

Dayton, OH 45422

Comments must be received by 4:30 p.m. on Thursday, February 11, 2016.

Rule 2.07 – Pretrial Procedures in Civil Cases

A. STATEMENT OF INTENT:

This Rule implements Civ. R. 16. It designs the basic patterns and instructions for pretrial development of civil actions. Initiative, ingenuity, and industry on the part of attorneys in these actions will implement this Rule and will determine the quality of pretrial proceedings. In the effective administration of this Rule, appropriate sanctions will be employed as may be necessary.

B. PRETRIAL CONFERENCE:

Attorneys shall consult with their clients in advance of the conference and be prepared to confer practically and earnestly on settlement and all other matters as may aid in the disposition of the action.

1. The Court, with counsel, may inquire into the status and possibility of settlement, discovery completed to date and anticipated prior to the time of trial, and establish the date for the delivery of a medical and special damages package.

2. The Court shall issue a pretrial order establishing the following dates, if applicable:

a. a date for the parties to reveal to each other the identities of expert witnesses;

b. a date for the filing of any memoranda on disputed issues of law or fact and a discovery cut-off date;

c. a date for the filing of all other motions deemed necessary, including motions for summary judgment;

d. a date for motions to add necessary parties;

e. a date for trial material exchange and objections to trial materials;

f. a date for completing Civ.R. 35 exams which shall be set 120 days following the scheduling conference, and the examiner’s report shall be submitted to counsel within 21 days from the date of the examination;

g. a date for completing perpetuation depositions;

h. a date for filing a joint or individually prepared pretrial statements;

i. a date for a final pretrial conference; and

j. a trial date.

C. WRITTEN MATERIALS TO BE READ INTO EVIDENCE:

If written materials are to be read into evidence, copies of such materials shall be provided by the proponent to the Court and other counsel at least seven days prior to trial.

D. PRETRIAL STATEMENT:

In all cases, all parties shall prepare and file a joint final pretrial statement. The joint final pretrial statement shall be filed at least two business days prior to the date and time of the scheduled final pretrial conference held prior to trial.

The final pretrial statement shall include all of the following:

1. Identification of the chief trial counsel, who shall be fully authorized to act and negotiate on behalf of the party;

2. Those facts established by admissions in the pleadings, admissions by discovery, and stipulations of counsel;

3. The contested issues of fact;

4. The contested issues of law, together with citations of authority for the party's position;

5. Any stipulations of the parties, as well as proposed stipulations;

6. The names and addresses of any witnesses who may be called at trial, together with a brief summary of each witness' expected testimony;

7. The names, addresses and qualifications of any expert witnesses who may be called at trial, together with a brief summary of each expert witness' expected testimony;

8. A list of exhibits counsel may offer into evidence. Exhibits must be marked, prior to trial, as follows:

a. Joint exhibits with Roman numerals;

b. Plaintiff's exhibits with Arabic numerals;

c. Defendant's exhibits with letters;

d. Third-party exhibits identified as such.

9. All Motions in Limine;

10. A complete list of all pending motions upon which the court has not yet issued a decision;

11. A copy of any deposition that may be used at trial, for any purpose, shall be provided to the court electronically and in video form, if applicable, and separate from the Final Pre-Trial Statement;

12. A list of all special damages requested, if any;

13. The amount of trial time each party expects will be necessary to present that party's case;

14. Proposed jury instructions (also please provide the court with an electronic copy of proposed jury instructions);

15. Status of settlement negotiations.

Parties and counsel are required to attend the final pre-trial conference. The parties and counsel are notified that failure to appear at the final pre-trial conference may result in a sua sponte dismissal by the court of the action, monetary sanctions, or default judgment.

THE PARTIES AND COUNSEL SHALL TAKE NOTICE that failure appear at the final pre-trial, or failure to comply with this rule in any respect, particularly regarding providing the names and addresses of all potential witnesses, including expert witnesses, and identifying any potential exhibits, may result in appropriate sanctions, including, but not limited to, the exclusion of the witness or exhibit that was not identified, costs, and other sanctions.

 
     
 
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