Judge Brendan J. Sheehan
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Filings > 25 pages
Adjournments
- By mutual agreement, parties may extend a discovery deadline, but the extension may not alter any other court-scheduled event, deadline, or mediation.
- A continuance for a non-trial court date requires a motion showing all parties' consent and identifying alternate dates, and the Court must calendar a new date before granting the continuance.
- A trial continuance may be granted for good cause shown and requires a written motion stating the reason and endorsed in writing by the parties and counsel.
- +2 more
Request must include
Communication
Phone
Court-wideClerk
Page & Word Limits1 rule
Trial briefs shall not exceed 10 pages without good cause shown and leave of Court.
- Trial brief
- Up to 10 pages
Exception
More pages with leave of court
Document Format Requirements2 rules
Counsel shall also proved the agreed-upon jury instruction to the court on a CD in Word format or via email attachment addressed to the court's staff attorney at cp1jj@cuyahogacounty.us.
- File type
- Word
- Jury instructions
The Court recommends that counsel place all exhibits in three-ring looseleaf binders, with appropriately marked divider tabs. A table of contents for each binder must be included.
- Binding
- Three-ring binder
- Exhibits
Formatting
- •Appropriately marked divider tabs
- •Table of contents for each binder
Document Filing Requirements13 rules
Trial briefs must include essential facts, controlling law, damages sought, trial-length estimates, likely evidentiary issues, and, for jury trials, proposed sensitive or unusual voir dire questions.
- Document
- Trial brief
Include
- •Statement of facts
Court's wording
(a) a succinct statement of the essential and material facts; (b) a discussion of the controlling law; (c) the type and amount of damages sought; (d) an estimate of how long it will take to put on their case in chief; (e) a discussion of any evidentiary issues likely to arise at trial, and (f) for cases tried to a jury, proposed voir dire questions concerning sensitive or unusual issues that are anticipated.
Each party is required to serve and file a trial brief no later than one week prior to the scheduled trial date. The trial brief shall contain:
No later than one week prior to the scheduled trial date, the parties shall exchange, serve and file witness lists which shall include the witnesses' names and a very brief description of the subject matter of the testimony of each witness.
If a witness is not listed in the witness list, the witness shall not testify except under extraordinary circumstances.
One copy of each exhibit shall be furnished to the Court no later than one week before the scheduled trial date. There is no need to file the exhibits with the Clerk of Court.
No later than one week prior to the scheduled trial date, the parties shall serve and file a list of trial exhibits.
Counsel must prepare written stipulations of all uncontested jury facts and file them no later than one week before trial.
Court's wording
Counsel for the parties shall confer to prepare written stipulations as to all uncontested facts to be presented to the jury. The stipulations shall be filed with the Court no later than one week prior to the scheduled trial date.
The Court must be provided with a complete written transcript of videotape depositions.
Counsel must prepare and file a joint statement identifying all disputed factual issues for the jury no later than one week before trial.
Court's wording
Counsel for the parties shall confer to prepare a joint statement listing all disputed issues of fact which are to be submitted to the jury. The statement shall be filed with the Court no later than one week prior to the scheduled trial date.
Counsel must prepare an impartial, understandable, and concise joint preliminary statement and submit it with the trial brief.
Court's wording
Counsel shall prepare a joint statement describing the case in an impartial, easily understood and concise manner for use by the Court either during voir dire and/or at the time the jury is impaneled. This statement will be ===== PAGE 4 ===== used to set the context of the trial for the jury and must be submitted at the same time the trial brief is submitted.
Counsel must confer on jury instructions, identify agreed and disputed instructions, provide legal citations for disputed instructions, and timely submit them; an exception applies to unanticipated instructions submitted at least 24 hours before final argument.
Court's wording
Counsel for the parties are required to confer on requested jury instructions with the goal of submitting agreed upon instructions. The instructions agreed upon by all counsel shall be identified. Disputed instructions shall also be identified, along with separate citations to legal authority for each instruction. No proposed jury instruction will be considered by the Court unless it has been submitted in compliance with these provisions, except that a request for instructions that could not reasonably have been anticipated may be submitted at least twenty-four (24) hours before final argument.
Proposed jury instructions must be submitted to the court at least one week prior to the scheduled trial date.
In all non-jury cases, counsel for each of the parties shall prepare proposed Findings of Fact and Conclusions of Law, which shall be filed with the Court and served upon opposing counsel not later than one week before the date set for trial.
Filing & Service rules
Service and Proof of Service Rules
Proof of mailing must be presented at the default hearing.
Proof of mailing is required at the hearing.
Page 1 | Default Notification
A plaintiff must give written notice of the default hearing to all opposing parties by regular mail and certified mail, return receipt requested, at least five days before the hearing.
Plaintiffs are required to notify, in writing, all parties against whom default judgment is sought of the time and date of the default hearing by regular and certified mail, return receipt requested, at least five (5) days in advance of the hearing date.
Page 1 | Default Notification
Proposed findings of fact and conclusions of law must be served on opposing counsel no later than one week before trial.
In all non-jury cases, counsel for each of the parties shall prepare proposed Findings of Fact and Conclusions of Law, which shall be filed with the Court and served upon opposing counsel not later than one week before the date set for trial.
Civil cases
Page 5 | IV. BENCH TRIALS — A. PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW IN NON-JURY TRIALS
Courtesy Copy Requirements
For motions longer than 25 pages, parties must deliver a hard copy to the court, including by leaving it with the bailiff in Courtroom 22C.
Parties are required to deliver a hard copy of all motions exceeding 25 pages in length to the Court. Delivery may be made by leaving a copy with the bailiff in Courtroom 22C.
Page 1 | Courtesy Copies
Pre-Motion Conference Requirements
Parties must confer with the court before filing any discovery motion.
Parties are required to confer with the Court prior to filing any discovery motions (see Discovery Disputes, below).
Page 1 | Motion Practice
Before filing a discovery motion, parties must contact the staff attorney and initiate a telephone conference.
Parties are required to contact the staff attorney and initiate a telephone conference prior to filing any discovery motions (motion to compel, motion to quash, motion for protective order, etc.)
Page 1 | Discovery Disputes
Adjournment & Extension Requirements
Every motion to continue a trial must identify alternate trial dates within four weeks of the scheduled trial date.
All Motions to Continue must state alternate trial dates within 4 weeks of the scheduled trial date.
Page 1 | Calendaring and Continuances
A continuance for a non-trial court date requires a motion showing all parties' consent and identifying alternate dates, and the Court must calendar a new date before granting the continuance.
Parties seeking continuances of scheduled court dates, other than trial dates, must file a motion indicating the consent of all parties and alternate available dates for rescheduling. No continuances will be granted until a new date is calendared with the Court.
Page 1 | Calendaring and Continuances
A trial continuance may be granted for good cause shown and requires a written motion stating the reason and endorsed in writing by the parties and counsel.
Consistent with Local Rule 17, continuances of trial may be granted for good cause shown. Motions to Continue must be in writing, state the reason for the request, and be endorsed in writing by the parties as well as counsel.
Page 1 | Calendaring and Continuances
An agreed continuance motion signed by all parties and counsel will be granted unless unusual circumstances or undue delays exist.
Agreed motions, signed by all parties and counsel, will be granted absent unusual circumstances or undue delays.
Page 1 | Calendaring and Continuances
By mutual agreement, parties may extend a discovery deadline, but the extension may not alter any other court-scheduled event, deadline, or mediation.
Parties may, by mutual agreement, extend the deadline for completing discovery; provided, any such extension shall not, under any circumstances, alter any other court-scheduled events, deadlines, or mediation.
Page 1 | Extension