Judge Jason E. Nagel – Preferences

SCHEDULING CONFERENCE/PRETRIAL

CRIMINAL: Counsel for all parties are required to appear at all pretrials. Defendants must appear on all court dates unless their presence is waived by the Court in advance. The Court will set all cases within time guidelines for speedy trial and within the Ohio Supreme Court’s Superintendence Rules, unless extraordinary circumstances occur.

CIVIL: A status conference will be set within 60-120 days after the filing of the case. During this time, service and discovery under the civil rules of procedure are to be completed with some exceptions. Additional status conferences will be set, and the parties are expected to continue working on their case between status conference dates. Before a case is set for a scheduling conference, the Court requires an attempt to mediate the case. If mediation fails, a scheduling conference will be set. The Court will complete a scheduling order which outlines the Court’s expectations regarding discovery, a final pretrial date and a trial date. Dates in the scheduling order will be strictly enforced. If the parties previously used a private mediator, they will be required to use the Court’s mediator prior to the final pretrial date. At the final pretrial, counsel, parties and all representatives are required to be present in person. If a case is set on the Court’s trial docket, there is an expectation that all attempts have been made to settle the case between the parties. Additionally once a trial date is selected, the trial date will not be continued unless extraordinary circumstances occur.

MOTIONS: Motion practice is governed by the applicable Civil and Criminal Rules. Requests for oral arguments on motions will be considered on a case-by-case basis and will only be granted when oral argument will assist the Court in understanding the issues and/or arguments of counsel.

CONTINUANCES: All requests for continuance shall be made by written motion filed with the Clerk. All motions for continuance shall include a proposed entry granting the request. Trials will be continued only if extraordinary circumstances occur.

SETTLMENT: The Court expects the parties to engage in settlement discussions and will participate in any reasonable manner to aid in the resolution of the case.

MEDIATION: The Court employs a full-time mediator on staff. Almost every civil case will be referred to mediation prior to trial. The parties may choose a private mediator as well. However, if private mediation fails the Court will require the parties to use the Court mediator prior to the final pretrial.

TRIAL PROCEDURE: In civil cases, trial briefs are due by the date set forth in the scheduling order. The last day for discovery is outlined in the scheduling order. Additional evidence or witnesses disclosed beyond the discovery cut-off date may be excluded by the Court. Counsel are encouraged to submit agreed upon jury instructions, interrogatories, and verdict forms on all claims or defenses by the date set forth in the scheduling order. Transcripts of depositions are due by the formal pretrial date to ensure the Court time to review objections prior to trial. The Court’s scheduling order will be strictly enforced, except when extraordinary circumstances occur.

In criminal cases, the last day for discovery is the final pretrial date. Additional evidence or witnesses disclosed beyond the discovery cut-off date may be excluded by the Court. The Court will prepare standard jury instructions from OJI and will attempt to have final instructions for the parties before the formal pretrial hearing. Any request for special instructions must be made before the final pretrial. Counsel is expected to be prepared to try their case at the formal pretrial. Counsel should be prepared to discuss potential evidentiary issues and potential objections. Motions in limine are to be filed prior to the final pretrial, allowing the Court sufficient time to set additional hearings, if necessary, prior to the trial date. When a case is set for trial, the Court will prepare a scheduling order which will outline deadline dates for any negotiated plea, discovery, motions, etc. The scheduling order will be strictly enforced.

Counsel using any of the Court’s technology in the courtroom shall set up a meeting with the bailiff to test the equipment. Any digital exhibits admitted at trial will be loaded onto a desktop computer in the jury room for their use in deliberations.

EXPECTATIONS: The Court expects attorneys and their clients to come to Court on time and be prepared. Clients shall be dressed appropriately for Court. All parties shall be courteous and respectful to the Court, its employees, and other counsel/parties at all times.