Judge Robert C. Winkler
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Jury Instructions
- Email • Before Trial
Motion
- In Advance
Adjournments
- Contact the Staff Attorney in advance to reschedule the initial case management conference.
- Continuances past the Ohio Supreme Court deadline will not be granted absent an extraordinary reason.
- The parties may extend discovery deadlines without court consent only if all parties agree and the extension does not interfere with the dispositive-motion or trial date.
- +1 more
Request must include
Communication
Phone
Chambers
Page & Word Limits2 rules
There is a page limit on motion briefs of 20 pages, 60 pages total with exhibits.
- Motion brief
- Up to 20 pages
Attorneys may ask for leave of court for additional pages.
Document Filing Requirements5 rules
All exhibits need to be marked in advance and a list submitted to both the Court and the court reporter (civil exhibits should be in the format of a tabbed binder see below).
For civil jury instructions, interrogatories, and verdict forms, the parties must submit one consolidated set that includes agreed items and identifies disputed items.
Court's wording
With respect to civil Jury Instructions, Jury Interrogatories, and Jury Verdict Forms, the Parties are to provide the Court with one consolidated set of Instructions/Interrogatories/Verdict Forms that includes all those to which the Parties agree and that identifies all those to which the Parties disagree.
The witness list needs to be provided to both the Court and the court reporter before trial.
Parties should file a Civ. R 26(F) discovery plan before that conference, if possible, (see below).
Transcripts of audio and video exhibits are highly encouraged. A bench book of exhibits is extremely helpful. Please provide the Court and the court reporter a bench book and transcripts before trial.
Filing & Service rules
Filing Timing and Cure Windows
In criminal cases, notices of self-defense and alibi must be filed 30 days before trial and must be specific.
Notice of Self Defense and Notice of Alibi must be filed 30 days in advance of trial. The notices must contain specificity. Crim. R. 12.1 and 12.2.
Page 1 | Trials
The parties must file witness lists, exhibit lists, applicable joint jury instructions, interrogatories or verdict forms, and stipulations at least two business days before trial.
The Court additionally orders that at least 2 business days prior to Trial, the parties are to file the following: 1) Witness Lists, 2) Exhibit Lists, 3) Joint Jury Instructions, Jury Interrogatories, and /or Jury Verdict Forms if applicable, and 4) Stipulations.
Page 1 | Trials
Motions in limine must be filed at least 28 days before trial, an opposition is due 14 days thereafter, and no reply is permitted.
Motions in Limine, in accordance with Civ.R. 6, shall be filed at least 28 days before Trial. Any Brief in Opposition is due 14 days thereafter. No Reply shall be permitted.
Page 1 | Trials
Attorneys must confer 21 days before the CMC to develop a discovery plan for filing seven days before the CMC.
Pursuant to Civ.R. 27(F) attorneys are to confer 21 days prior to the CMC develop a discovery plan for filing 7 days prior to the CMC.
Page 1 | CASE Management Conferences
Service and Proof of Service Rules
Requests for production and interrogatories must be served before the CMC.
Requests for production of documents and interrogatories must be served prior to the Case Management Conference.
Page 1 | CASE Management Conferences
Courtesy Copy Requirements
Special criminal instructions and requested civil instructions should be emailed to the Staff Attorney before trial.
Any special criminal instructions or requested civil instructions should be emailed to the Staff Attorney in advance of trial.
Page 1 | Trials
A file-stamped courtesy copy of a motion should be provided to the Court in advance by U.S. Mail, email, or drop-off.
A file stamped courtesy copy of the motion should be provided in advance to the court via US Mail, Email, or drop off Typically, we handle criminal motions in the morning and civil motions in the afternoon.
Page 1 | Motion Practice
Motions with more than 3 exhibits should provide a tabbed binder as a courtesy copy to the Court.
Motions with more than 3 exhibits should provide a tabbed binder as a courtesy copy to the Court.
Page 1 | Motion Practice
A courtesy copy in a Word format should be emailed to the Staff Attorney.
A courtesy copy in a Word format should be emailed to the Staff Attorney.
Page 1 | Trials
Pre-Motion Conference Requirements
Before filing a discovery motion, the parties must contact Judge Wagner’s Staff Attorney as soon as possible to arrange an attorney conference with the Court by telephone, video, or in person.
Prior to any party filing any Discovery Motion, the parties shall contact Judge Wagner’s Staff Attorney to set an Attorney Conference either via telephone, video, or in-person with the Court as soon as possible.
Page 1 | Discovery Civil Cases
The Court sets the discovery and trial schedules during CMCs.
The Court shall set a discovery schedule and Trial schedule during the CMCs.
Page 1 | CASE Management Conferences
Adjournment & Extension Requirements
Continuances past the Ohio Supreme Court deadline will not be granted absent an extraordinary reason.
Continuances past the Ohio Supreme Court deadline will not be granted unless there is an extraordinary reason.
Page 1 | Calendaring and Continuances
A motion to continue a set civil trial date must be in writing, even when both parties agree.
Motions for continuances of a set trial date in civil cases must be made in writing even if both parties agree.
Page 1 | Calendaring and Continuances
Contact the Staff Attorney in advance to reschedule the initial case management conference.
Contact the Staff Attorney in advance if you need to reschedule the initial case management conference.
Page 1 | Initial Case Management Conference Civil Cases
The parties may extend discovery deadlines without court consent only if all parties agree and the extension does not interfere with the dispositive-motion or trial date.
Continuances of discovery deadlines without the Court’s consent shall be permitted as long as 1) all the parties agree and 2) the extension does not interfere with the dispositive motion date and the Trial date.
Page 1 | Calendaring and Continuances
Chambers Communication Rules
The Staff Attorney should be informed as soon as practical when a civil case settles.
Civil cases that have settled should inform the Court’s staff attorney as soon as practical.
Page 1 | Settlement and Final Entry
If the final entry cannot be completed on its scheduled date, the parties should explain the delay to the Staff Attorney by email or phone, and the Court may set a new date.
If the final entry is not able to be completed on that date, the parties should contact the Staff Attorney by email or phone to explain the delay, and the Court may set a new date accordingly.
Page 1 | Settlement and Final Entry
The initial case management conference is by telephone unless the Staff Attorney contacts the parties to appear in person.
The Assignment Commissioner sets the initial case management conference when the case is filed. Those appearances are by phone unless you were contacted by the Staff Attorney to appear in person.
Page 1 | Initial Case Management Conference Civil Cases
CMCs are held by telephone unless otherwise requested, and plaintiff’s counsel must initiate the call to defense counsel and then the Staff Attorney.
All CMCs are held by telephone, unless otherwise requested. Plaintiff's counsel is to initiate the telephone conference to Defendant's counsel and then to Judge Winkler’s Staff Attorney.
Page 1 | CASE Management Conferences
Contact the Bailiff to set a hearing in a criminal case.
To set a hearing on a criminal case, contact the Bailiff.
Page 1 | Motion Practice
Contact the Staff Attorney to set a hearing in a civil case.
To set a hearing on a civil case, contact the Staff Attorney.
Page 1 | Motion Practice