Judge Karen Held Phipps
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Receivership Plan, Receiver Progress Report
Court-wide- Upon Filing
Adjournments
- Unless there is a true emergency, a trial continuance motion must be written and should be filed well before the final pretrial conference.
- A continuance motion should state whether the requested change is opposed after consultation with all other counsel.
- A continuance motion must state specific supporting reasons and, when applicable, an amended case schedule.
- +1 more
Request must include
Communication
Chambers
Page & Word Limits4 rules
A supporting or opposing memorandum or brief, including administrative appeals, shall not exceed fifteen (15) pages exclusive of any supporting documents. Any supporting or opposing memorandum or brief which exceeds fifteen (15) pages shall not be considered without prior leave of the Court.
- Supporting or opposing memorandum or brief
- Up to 15 pages
Exception
More pages with leave of court
A reply memorandum or brief including administrative appeals shall not exceed seven pages and shall be restricted to matters in rebuttal. Any reply memorandum or brief which exceeds seven pages shall not be considered without prior leave of the Court.
- Reply memorandum or brief
- Up to 7 pages
Exception
More pages with leave of court
Page limits (Local Rule 12 (PDF)) serve a salutary purpose given the heavy docket. Ordinarily, counsel should edit tightly and live within those page limits.
- Attorneys
The Court reserves the right to disregard pages of memoranda beyond the limits set in the Local Rules, absent prior leave to file longer documents.
Document Format Requirements1 rule
Counsel shall confer and attempt to agree upon joint jury instructions, interrogatories, and verdict forms and send them to the staff attorney in Word Format via email three days before trial.
- File type
- Word
- Joint jury instructions
- Jury interrogatories
- Verdict forms
Document Filing Requirements26 rules
Such motion shall set forth the unusual and extraordinary circumstances which necessitate exceeding the page limitation.
Pre-trial Statements in accordance with Local Rule 16.04 are required and must be filed three days prior to the Final Pre-Trial Conference.
Please bring a separate list and copies of trial Exhibits for the court’s use during trial.
They may only be filed after discussion in good faith among counsel, and after counsel certify they have met and exhausted efforts to resolve the issue(s).
Counsel shall include a working email address and phone number in the signature block of each motion filed.
- Document
- Motion
- Placement
- Signature block
However, trial counsel are required to discuss and prepare the case-specific portions of the charge. Identify any changes from OJI or other standard form instructions.
Counsel shall file a certification setting forth all efforts made to provide notice to the opposing parties.
- Placement
- Certificate section
If, as a result of the Civ.R. 26 Conference, the parties wish to amend the case management schedule, the parties shall provide a proposed entry modifying the case management schedule.
If counsel do not agree upon joint jury instructions, one draft shall be submitted to the staff attorney via email, with differences highlighted, three days before trial.
Trial Exhibits must be pre-marked, copied, and exchanged prior to the Final Pretrial Conference.
Even when an order is issued ex parte as provided herein, a hearing on the continuance of the order shall be scheduled and held as promptly as practicable after notice, upon specific request of any party.
No matter shall be heard ex parte unless, from affidavits filed with the motion, the trial judge determines that extraordinary undue hardship or prejudice would result to the moving party by any delay in proceeding or as a result of attempting to give notice.
Motions for temporary restraining orders, preliminary injunctions, appointment of receivers, or similar urgent equitable relief shall be heard and submitted at a time fixed by the trial judge.
Oral hearings on motions are not permitted except upon leave of the trial judge upon written request by a party.
No oral testimony shall be permitted upon any motion unless the trial judge for good cause directs otherwise.
All civil or criminal motions shall be accompanied by a brief stating the grounds and citing the authorities relied upon.
G. All prospective jurors shall complete the "Juror Questionnaire" approved by the Court. If a trial judge approves a supplemental questionnaire, jurors shall complete the supplemental questionnaire.
If there is no opposition to the continuance or new Case Schedule, submit the time-stamped Motion and an Agreed Entry approved by all parties to enable the Court to make an immediate determination.
The final jury charge ordinarily is submitted in writing in all cases.
Proposed Entries should contain blank lines for both a new Final Pretrial date and a new Trial date, plus any other deadline changes anticipated.
The court reserves the right to exclude Exhibits not pre-marked and exchanged among trial counsel.
Agreed/unopposed motions should be accompanied by a proposed entry uploaded in Microsoft Word format through e-filing. Please indicate in the title of the motion and order that it is agreed/unopposed.
Name of the counsel and of the Trial Judge shall be typed or printed upon the entry.
Contents of the Entry (Amended 5-23-02) All entries should: (1) state the reason for the entry; or (2) relate the entry to the motion decided and the date of the decision; and (3) indicate whether or not it is a final entry. If the entry does not dispose of all claims, counterclaims and/or cross-claims, it shall specify what claims remain pending.
The time and length of any oral hearing shall be fixed by the trial judge.
Evidence upon any hearing shall be in the form of affidavits or depositions which must be filed in advance of the hearing, if possible.
Filing & Service rules
Electronic Filing Rules
Parties must serve Civ. R. 33 interrogatories, Civ. R. 34 production or inspection requests, and Civ. R. 36 admission requests under those rules, but must not file them with the Court.
Interrogatories under Civ. R. 33, requests for production or inspection under Civ. R. 34, and requests for admissions under Civ. R. 36 shall be served upon other counsel or parties in accordance with those rules but shall not be filed with the Court.
Page 1 | 21.04 Interrogatories, Requests for Production or Inspection and Requests for Admissions
The proposed entry accompanying an agreed or unopposed motion should be uploaded through e-filing in Microsoft Word format.
Agreed/unopposed motions should be accompanied by a proposed entry uploaded in Microsoft Word format through e-filing.
Civil cases
Page 1 | V. Motions and Memoranda
Filing Timing and Cure Windows
A motion seeking leave to exceed the memorandum or brief page limits must be filed no later than seven days before the brief-filing deadline.
A motion for leave to file a memorandum or brief in excess of the page limitations set forth in 12.01 and 12.02 above shall be made no later than seven days prior to the time for filing the brief.
Page 1 | LOCAL RULE 12. PAGE LIMITATIONS
The pretrial statement must be filed three days before the final pretrial conference.
Pre-trial Statements in accordance with Local Rule 16.04 are required and must be filed three days prior to the Final Pre-Trial Conference.
Civil cases
Page 1 | III. Status and Pretrial Conferences
A response to a motion in limine is due seven days after the motion is filed.
Responses are due 7 days after the motion in limine is filed.
Civil cases
Page 1 | VII. Trial Procedures
Unless the Court orders otherwise, a motion in limine must be filed at least 14 days before trial, absent extraordinary circumstances.
Unless the Court otherwise orders, Motions in Limine must be filed at least 14 days before trial absent a showing of extraordinary circumstances.
Civil cases
Page 1 | VII. Trial Procedures
Counsel must confer on joint jury instructions, interrogatories, and verdict forms and email Word-format documents to the staff attorney three days before trial.
Counsel shall confer and attempt to agree upon joint jury instructions, interrogatories, and verdict forms and send them to the staff attorney in Word Format via email three days before trial.
Civil cases
Page 1 | VII. Trial Procedures
If counsel cannot agree on joint jury instructions, one draft with highlighted differences must be emailed to the staff attorney three days before trial.
If counsel do not agree upon joint jury instructions, one draft shall be submitted to the staff attorney via email, with differences highlighted, three days before trial.
Civil cases
Page 1 | VII. Trial Procedures
Unless the Trial Judge directs otherwise, counsel prevailing in a decision, order, decree, or judgment must prepare and submit the proper journal entry to opposing counsel within five days.
Unless the Trial Judge otherwise directs, counsel for the party in whose favor a decision, order, decree, or judgment is rendered, shall within five days thereafter prepare the proper journal entry and submit it to the counsel for the adverse party
Page 1 | RULE 25 - ENTRIES
If counsel does not present the dismissal entry within 20 days after notifying the Trial Judge of settlement, the Trial Judge may dismiss the case for want of prosecution.
If counsel fails to present such an entry to the Trial Judge within 20 days after representation to the Trial Judge that a case has been settled, the Trial Judge may order the case dismissed for want of prosecution.
Page 1 | RULE 25 - ENTRIES
Adverse counsel must approve or reject the submitted journal entry within three days after receipt.
who shall approve or reject the entry within three days after receipt.
Page 1 | RULE 25 - ENTRIES
Counsel must promptly submit an entry of dismissal to the Trial Judge after settling any case.
Counsel shall promptly submit an entry of dismissal to the Trial Judge following settlement of any case.
Page 1 | RULE 25 - ENTRIES
If counsel fails to present an entry within 20 days after the decision, order, decree, or judgment, the Trial Judge must cause the proper entry to be prepared and filed without notice to counsel or take other appropriate action.
If counsel fails to present any entry within 20 days after the decision, order, decree, or judgment is rendered, the Trial Judge shall cause the proper entry to be prepared and filed without submission or notice to counsel or take such other action as may be appropriate under the circumstances.
Page 1 | RULE 25 - ENTRIES
Unless a case-specific order changes the deadlines, responses to civil or criminal motions and reply memoranda must be filed within the periods in Civ. R. 6(C).
Unless a different period is set by order in a specific case, responses to a civil or criminal case motion, and any reply memoranda, shall be filed within the time periods set forth in Civ. R. 6(C).
Page 1 | 21.01 Briefs, Time and Hearings
A discovery motion under Civ. R. 26(C) or 37 must be accompanied, contemporaneously, by copies of the disputed portions of the relevant documents.
If relief is sought under Civ. R. 26(C) or Civ. R. 37 concerning any interrogatories, requests for production or inspection, or requests for admissions, copies of the portions of the documents which are in dispute shall be filed with the Court contemporaneously with any such discovery motion.
Page 2 | 21.04 Interrogatories, Requests for Production or Inspection and Requests for Admissions
The Court generally does not review a motion until 28 days after filing.
Accordingly, motions are generally not reviewed until 28 days after they are filed.
Civil cases
Page 1 | V. Motions and Memoranda
Once approved by counsel, the entry must be signed and presented to the Trial Judge and, if signed by the judge, filed with the Clerk.
When the entry is approved by counsel, it shall be signed and presented to the Trial Judge for approval, and if signed by the Trial Judge, shall then be filed with the Clerk.
Page 1 | RULE 25 - ENTRIES
Service and Proof of Service Rules
After filing a restraining-order motion, counsel must notify the opposing parties, and known attorneys, of the hearing date and time.
Counsel is then required to notify the opposing parties, as well as their attorney if such representation is known, of the date and time that the Motion will be considered.
Civil cases
Page 1 | V. Motions and Memoranda
The adverse party or its counsel must receive notice of the hearing's time and place.
Notice of the time and place of the hearing shall be served upon the adverse party or their counsel.
Page 1 | 21.02 Temporary Restraining Order, Preliminary Injunction and Appointment of Receivers
Adjournment & Extension Requirements
A continuance motion must state specific supporting reasons and, when applicable, an amended case schedule.
Specific reasons supporting a continuance (and if applicable an amended Case Schedule).
Civil cases
Page 1 | II. Continuances or Amended Case Schedules
Counsel must obtain leave of court before filing a motion or memorandum out of rule or after the case-schedule deadline.
It is necessary to obtain leave of court prior to filing a Motion or Memorandum out of rule or beyond the deadline set in the Case Schedule.
Civil cases
Page 1 | V. Motions and Memoranda
Unless there is a true emergency, a trial continuance motion must be written and should be filed well before the final pretrial conference.
Motions for continuance of a trial date, absent true emergency, must be in writing, and should be sought well before the Final Pre-trial Conference.
Civil cases
Page 1 | II. Continuances or Amended Case Schedules
A continuance motion should state whether the requested change is opposed after consultation with all other counsel.
Any such Motion should affirmatively state:Whether, following consultation with all other counsel, the change is opposed
Civil cases
Page 1 | II. Continuances or Amended Case Schedules
Chambers Communication Rules
Upon filing a restraining-order motion, counsel must contact the staff attorney to alert the Court and obtain a hearing date and time.
Upon the filing of a Motion for Restraining Order, Counsel shall contact the Staff Attorney to alert the Court to the filing and to be given a date and time as to when the Motion will be heard.
Civil cases
Page 1 | V. Motions and Memoranda
Counsel must promptly notify the staff attorney when a matter requires urgent attention.
In the event that the matter requires more urgent attention, counsel shall promptly notify staff attorney Michael Walton.
Civil cases
Page 1 | V. Motions and Memoranda
If counsel cannot agree, one draft of the joint jury instructions must be emailed to the staff attorney.
If counsel do not agree upon joint jury instructions, one draft shall be submitted to the staff attorney via email, with differences highlighted, three days before trial.
Civil cases
Page 1 | VII. Trial Procedures
Counsel must promptly call or email the staff attorney or secretary when a case settles.
Consistent with Local Rule 22 (PDF) Counsel must call or e-mail the Staff Attorney or Secretary as soon as possible to advise when a case has been settled.
Civil cases
Page 1 | VIII. Notices of Settlement
Joint jury instructions, interrogatories, and verdict forms must be sent to the staff attorney by email.
Counsel shall confer and attempt to agree upon joint jury instructions, interrogatories, and verdict forms and send them to the staff attorney in Word Format via email three days before trial.
Civil cases
Page 1 | VII. Trial Procedures
Court staff may not engage in unilateral ex parte communications or provide legal advice.
Counsel and unrepresented parties are reminded that Court staff are unable, both legally and ethically, to engage in unilateral, or ex parte communications, or to provide advice regarding legal rights or duties.
Civil cases
Page 1 | I. General
Counsel seeking input on new trial or pretrial dates should email the staff attorney and identify conflicting vacations or court assignments.
If counsel would like input as to new trial or pre-trial dates, they should e-mail staff attorney Michael Walton or otherwise indicate their conflicting vacations or court assignments.
Civil cases
Page 1 | II. Continuances or Amended Case Schedules
Opposing counsel and unrepresented parties should be "cc’d" on all emails with Court staff.
Opposing counsel and unrepresented parties should be "cc’d" on all emails with Court staff.
Civil cases
Page 1 | I. General
Counsel should alert chambers as soon as a case appears likely to require trial so the court can plan pretrial proceedings and a firm trial date.
If you have a case that genuinely appears likely to require a trial, alert chambers as soon as you know so that we can do our best to allow enough time for pretrial proceedings, to attempt to avoid scheduling conflicts, and to try to assign a "firm" trial date.
Civil cases
Page 1 | VII. Trial Procedures
Before ex parte contact with the Court, counsel should confer with the other side, obtain approval, or at minimum provide notice.
Counsel should set up conference calls with opposing counsel and unrepresented parties before calling the Court, or obtain opposing counsel’s approval, or at a minimum provide notice before contacting the Court ex parte.
Civil cases
Page 1 | I. General
Copies should be e-mailed to the Staff Attorney.
Copies should be e-mailed to the Staff Attorney.
Civil cases
Page 1 | VII. Trial Procedures
Email is the preferred way to communicate with the staff attorney, who may also be reached by phone at 614.525.4513.
Email is the preferred method of communication, but the staff attorney may also be reached at 614.525.4513.
Civil cases
Page 1 | I. General
Counsel seeking referral to Magistrate Hunt for mediation should email the staff attorney and confirm that all counsel agree.
If counsel desire to submit their case to mediation with Magistrate Hunt, simply e-mail the Staff Attorney and advise that counsel are in agreement.
Civil cases
Page 1 | VI. Mediation