Judge Kevin Kelley
Individual Rules, Standing Orders & Policies
Adjournments
Court-wideRequest must include
Communication
Phone
Chambers
Phone
Court-wideClerk
Document Format Requirements1 rule
Trial exhibits shall be pre-marked with exhibit stickers and exchanges. Plaintiffs shall mark their exhibits using numbers; Defendants shall mark their exhibits using letters.
- Exhibits
Formatting
- •Plaintiffs shall mark exhibits using numbers
- •Defendants shall mark exhibits using letters
Document Filing Requirements18 rules
Before the default-judgment hearing, plaintiff’s counsel must provide an affidavit establishing that the defendant is not an active member of the military.
Court's wording
Prior to the scheduled hearing, Plaintiff’s counsel shall provide the Court with the following: 1) a copy of the correspondence sent to the defendant advising of the date and time of the default hearing. 2) an affidavit that establishes that the defendant is not an active member of the military
The parties shall exchange/serve and file a list of trial exhibits.
Prior to the start of jury selection, the parties are to deliver to the Court a brief agreed statement of the case to be read to the prospective jurors.
Before the default-judgment hearing, plaintiff’s counsel must provide a copy of the contract, assignment, or written instrument supporting the requested judgment.
Court's wording
Prior to the scheduled hearing, Plaintiff’s counsel shall provide the Court with the following: 1) a copy of the correspondence sent to the defendant advising of the date and time of the default hearing. 2) an affidavit that establishes that the defendant is not an active member of the military 3) an affidavit signed by the Plaintiff, or Plaintiff’s representative, proving damages 4) a copy of the contract, assignment, or written instrument upon which plaintiff seeks judgment
The parties are required to provide the Court with a file-stamped copy of the above items.
Before the default-judgment hearing, plaintiff’s counsel must provide a proposed judgment entry.
- Document
- Default judgment motion
Must include
- •Proposed order
Court's wording
Prior to the scheduled hearing, Plaintiff’s counsel shall provide the Court with the following: 1) a copy of the correspondence sent to the defendant advising of the date and time of the default hearing. 2) an affidavit that establishes that the defendant is not an active member of the military 3) an affidavit signed by the Plaintiff, or Plaintiff’s representative, proving damages 4) a copy of the contract, assignment, or written instrument upon which plaintiff seeks judgment and 5) a proposed judgment entry.
The parties are to file any stipulations.
All parties are required to serve and file a trial brief which shall contain a succinct statement of their claims; a brief statement of the essential and material fact; the legal issues involved; the type and amount of damages they are seeking; and an estimate of how long it will take to put on their case in chief.
Where applicable, the objecting party must submit an alternative instruction covering the pertinent subject matter or principle of law.
Any such objections must recite the proposed instruction in its entirety and specifically highlight the objectionable language. The objection should contain both a concise argument why the proposed language is improper and citation to relevant legal authority.
The Court will not consider proposed jury instructions that are deemed argumentative or which otherwise do not conform to the above requirements.
Before the default-judgment hearing, plaintiff’s counsel must provide an affidavit signed by the plaintiff or plaintiff’s representative proving damages.
Court's wording
Prior to the scheduled hearing, Plaintiff’s counsel shall provide the Court with the following: 1) a copy of the correspondence sent to the defendant advising of the date and time of the default hearing. 2) an affidavit that establishes that the defendant is not an active member of the military 3) an affidavit signed by the Plaintiff, or Plaintiff’s representative, proving damages
The parties shall exchange, serve, and file witness lists which shall include the names of the witnesses and a brief statement of the expected testimony of each witness.
Counsel shall provide jury instructions which conform to OJI or cite to published Ohio cases. Counsel shall provide jury instructions that are relevant to the specific issues to be presented at trial. All instructions should be short, concise, understandable and neutral statements of the law.
For settlement conferences and final pretrials, all parties and representatives must be present with full, final, and immediate settlement authority.
Prior to the scheduled hearing, Plaintiff’s counsel shall provide the Court with the following: 1) a copy of the correspondence sent to the defendant advising of the date and time of the default hearing.
Motions in limine must be in writing and filed ten (10) days before trial.
The parties should then confer in order to agree on a single set of instructions to the extent possible.
Filing & Service rules
Filing Timing and Cure Windows
The joint proposed instructions, disputed proposed instructions, interrogatories, and verdict forms must be filed at least five business days before trial.
The joint proposed instructions (along with the proposed instructions upon which the parties have been unable to agree), interrogatories, and verdict forms must be filed with the court at least five (5) business days before trial.
Page 1 | Trials
All parties must file the listed trial submissions before the final pretrial.
Prior to the final pretrial, all parties are to file the following:
Page 1 | Trials
A brief opposing a motion in limine is due seven days after filing, and in all events no later than three days before trial.
A brief in opposition is due seven (7) days after the motion in limine is filed, but not later than three days prior to trial.
Page 1 | Trials
A motion in limine must be written and filed ten days before trial.
Motions in limine must be in writing and filed ten (10) days before trial.
Page 1 | Trials
A party should file any objections to another party’s proposed jury instructions, interrogatories, or verdict forms no later than two business days before trial.
Each party should file its objections, if any, to jury instructions, interrogatories, and verdict forms proposed by any other party no later than two (2) business days before trial.
Page 1 | Trials
The Court may schedule and conduct oral argument on pending summary-judgment motions, with argument time parameters set by Judge Kelley.
The Court may schedule and conduct an oral argument on pending motions for summary judgment. The time parameters for argument shall be set by Judge Kelley.
Page 1 | Motion Practice - Motions for Summary Judgment
A party may file a brief written reply supporting its proposed jury instructions on the day of trial.
Any party may, if it chooses, submit a brief written reply in support of its proposed instructions on the day of trial.
Page 1 | Trials
Service and Proof of Service Rules
The parties must serve their proposed jury instructions, interrogatories, and verdict forms on one another.
The parties must serve their proposed jury instructions, interrogatories, and verdict forms on each other.
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Chambers Communication Rules
Plaintiff’s counsel must initiate the telephone hearing for default judgment.
Plaintiff’s counsel is to initiate the telephonic hearing for default judgment.
Page 1 | Motion Practice - Motions for Default Judgment
Before filing a motion to compel or motion to quash, the parties must contact the staff attorney at 216-443-7326 to schedule a telephone conference.
The parties are to contact the staff attorney at 216-443-7326 in order to schedule a telephone conference prior to filing any discovery motion (motion to compel, motion to quash).
Page 1 | Discovery
Pretrials will be held in person when time permits, but may also be held by telephone with the staff attorney.
Time permitting, pretrials will be conducted in person with Judge Kelley. Pretrials may also be held by telephone with the staff attorney.
Page 1 | Pre-Trials
A party may request a settlement conference by motion or by contacting the staff attorney.
The parties may request a settlement conference by motion or by contacting the staff attorney.
Page 1 | Settlement Conference