A pretrial conference may be conducted in all civil cases prior to being scheduled for trial, except in actions for injunctions, foreclosures, marshalling of liens, receiverships and the like. In addition, the judge assigned the case may, for good cause shown at a hearing prior to trial, waive pretrial requirements stated herein and make such orders he or she deems just, relative to discovery or pretrial proceedings. For the purpose of insuring the readiness of cases for pretrial and trial, the following procedure shall be in effect:
- For the purpose of this rule, “pretrial” shall mean a court-supervised conference chiefly designed to produce an amicable settlement of the controversy in suit. The term “party” or “parties” used hereinafter shall mean the party or parties to the action, and/or the attorney or attorneys of record.
- Notice of the pretrial conference shall be given to all parties by mail and/or by telephone from the Central Scheduling Department not less than fourteen (14) days prior to the conference. Any application for continuance of the conference shall be addressed to the judge to whom the case has been assigned.
- At least one week prior to the scheduled pretrial conference, counsel for both sides must confer with each other. In the event of any unnecessary delay or failure to cooperate as required herein, the judge may invoke the sanctions authorized under Rule 37 of the Ohio Rules of Civil Procedure.
- Counsel attending the pretrial conference must have complete authority to stipulate on items of evidence and admissions and must have full settlement authority.
- If the court concludes that the prospect of settlement does not warrant further court‑supervised negotiations, then the court shall act on any other matters which come before it at that time and efforts shall be made to narrow legal issues, to reach stipulations as to facts in controversy and, in general, to shorten the time and expense of trial. The court may enter a pretrial order to become part of the record of the case embracing all stipulations, admissions, and other matters which have come before it. The court shall at that time determine whether or not trial briefs should be submitted and shall fix a date when they are to be filed.
- After the pretrial conference, counsel may engage in further discovery proceedings, provided they do not result in a delay of the trial. In the event counsel requests discovery proceedings that would cause a delay of the trial, the right to such discovery shall be determined by the court. The court, however, reserves the right to set the case for trial before the completion of any further discovery and without additional pretrial.
- All questions relating to the listing, consolidating and severing of cases shall be submitted to the administrative judge and the judges to whom the cases are assigned. The court, on its own motion, may consolidate or sever cases at any time before the taking of testimony begins.
- Any judge presiding at a pretrial conference or trial shall have the authority:
- to dismiss an action for want of prosecution upon motion of the defendant upon failure of the plaintiff or plaintiff’s counsel to appear in person at any pretrial conference or trial
- to order the plaintiff to proceed with the case and to decide and determine all matters ex parte upon failure of the defendant or defendant's counsel to appear in person at any pretrial conference or trial
- to make such other order as the court may deem appropriate under all the circumstances, including the imposition of other sanctions
- Expert witnesses whose reports have not been furnished to opposing counsel within fourteen (14) days before trial will not be permitted to testify at the trial, except for good cause shown by approval of the court.
- A counterclaimant, cross-claimant or third party complainant shall be considered a plaintiff and shall comply with the provisions applicable to plaintiffs.