Common Pleas Court Judge Virginia Tallent

Honorable Virginia Tallent

Hamilton County Courthouse
1000 Main Street
Room 495
Cincinnati, Ohio 45202

Rob Bryan, Bailiff
Phone Number: 513-946-5830

Courtney Howard, Staff Attorney
Phone Number: 513-946-5831
Fax Number: 513-946-5833

Courtroom Rules

These rules apply to all matters before Judge Tallent and will be updated as necessary. Questions about criminal matters should be directed to Bailiff Rob Bryan; civil matters and non-case-related inquiries should be sent to Staff Attorney Courtney Howard.

Plea Forms

For criminal cases, please use the standard plea forms approved by the Court

These forms must be completed and submitted to Bailiff before the plea hearing.

I. General Rules (Applicable in All Matters)

Civility and Professionalism

Counsel and parties must maintain professionalism and civility at all times—toward the Court, staff, witnesses, opposing counsel, parties, and members of the public. Counsel should stand when addressing the Court or a witness, either at the podium or at counsel table. Permission should be requested before approaching a witness or the bench. Continued permission is assumed unless otherwise directed.

Communication with Court Staff

Ex parte communication is prohibited unless all parties consent or as otherwise permitted by law. Email is the preferred method of communication and must copy all counsel and unrepresented parties.

Ex parte communication regarding tardiness or technical issues is permitted. Social media contact with Court staff is not permitted.

Punctuality

Attorneys must appear on time. If running late, contact the Bailiff (criminal matters) or Staff Attorney (civil matters). Repeated or unreasonable tardiness may result in sanctions.

Applicable Rules

All parties must follow the Ohio Rules of Civil and Criminal Procedure, local rules, and these standing orders.

II. Civil Matters

Contact: Staff Attorney Courtney Howard
Phone: (513) 946-5831 | Email: choward@cms.hamilton-co.org

Remote Appearances

All civil appearances will be conducted via Zoom unless the parties request to appear in person. To switch from Zoom to in-person, email the Staff Attorney in advance. Parties will receive Zoom login information prior to the first appearance. Please retain this information for use throughout the case.

Initial Case Management Conference (CMC)

The Court’s Assignment Commissioner automatically schedules the CMC approximately 90 days after the complaint is filed.

  • If no defendant has been served 45 days prior to the CMC, Plaintiff must file a motion to continue the CMC and explain how and when service will be perfected.
  • The Court will not hold a CMC unless at least one defendant has been served.
  • If no service is completed within 6 months, Plaintiff must show good cause why the case should not be dismissed for lack of prosecution.
  • Plaintiffs are encouraged to use waiver of service procedures under Civil Rule 4(D) and 4.7.

Rule 26(F) Discovery Plan

Pursuant to Civil Rule 26(F), counsel must meet 21 days before the CMC to prepare a joint proposed discovery plan. An example form is available here: Rule 26(F) Discovery Plan. The plan must be filed at least 7 days prior to the CMC, with a courtesy copy emailed to the Staff Attorney. If the parties cannot agree on an element, each side should state its position. If no plan is submitted or agreement reached, the Court will impose a schedule sua sponte.

Note: Discovery is not delayed pending the CMC. Parties are expected to begin exchanging initial disclosures as soon as practicable.

If the attorneys cannot agree to the case plan, the Court will consider the parties’ positions and impose a schedule sua sponte. The Court expects all non-complex civil cases to be ready to be tried within 20 months of filing. The Court expects attorneys to file their Rule 26(f) reports on time without the Court having to order parties to do so or having to reschedule the CMC because the Rule 26(f) report was not filed on time.

Discovery Issues

Counsel are expected to cooperate in good faith to fulfill discovery obligations and avoid unnecessary disputes. Per Civil Rule 37(A)(1), parties must confer in good faith before seeking Court intervention.

If a discovery dispute remains unresolved after conferral, contact the Staff Attorney to schedule an informal conference with the Court. No motions to compel may be filed without first following this process. Discovery deadlines set by the Court may not be extended without prior approval.

Mediation

The Court encourages settlement. Upon request by all parties, the Court will assist with settlement discussions or refer the case to the Court’s mediation program. Referral may occur at the CMC or later by motion.

Motion Practice

All motions must comply with the Ohio Rules of Civil Procedure and local rules.

  • Unopposed motions may be granted under Local Rule 14(B).
  • A file-stamped courtesy copy of all motions and briefs should be emailed to the Staff Attorney.
  • A proposed entry must be provided in Word format at the time of filing.
  • Oral argument is permitted only by Court order or upon request, after first conferring with opposing counsel.
  • Motions and evidentiary hearings are typically scheduled in the afternoon.

Scheduling and Continuances

All requests for extensions of time, continuances, or modifications to the case schedule must be made in writing and filed with the Court.

Counsel must confer before filing and state whether the motion is opposed. Include a specific proposed date.

Trial dates will only be continued in exceptional circumstances.

Final Pretrial Conference

The Final Pretrial is typically held two weeks before trial in standard cases and four weeks before trial in complex cases. All counsel and parties (or party representatives with full settlement authority) must attend.

Counsel should be prepared to discuss:

  • Settlement prospects
  • Jury instructions
  • Witness and exhibit lists
  • Motions in limine
  • Stipulations
  • Trial logistics

Pretrial Submissions (Due 14 Days Before Final Pretrial)

  1. Pretrial Statements must include: a case synopsis, unresolved legal issues, trial length estimate, number of witnesses, and the status of settlement.
  2. Motions in Limine must be filed 14 days before trial. Responses are due 7 days later. No replies are permitted unless ordered.
  3. Jury Instructions or Trial Briefs (in Word format):
    • Jury trials: Include proposed jury instructions, interrogatories, and verdict forms.
    • Bench trials: Submit trial briefs in lieu of jury instructions.
  4. Exhibit Lists must be exchanged and included in the pretrial statement. Clearly identify any joint exhibits.
  5. Stipulations should be finalized and filed prior to trial.

Jury Trials

The Court is committed to conducting fair, efficient, and well-prepared jury trials. Multiple trials may be scheduled for the same date. Criminal trials typically take precedence. Civil counsel should email the Staff Attorney 7 days prior to trial to confirm trial status.

Trial Briefs (Due 14 Days Before Trial)

Each party must file a trial brief containing:

  • A concise statement of the facts
  • Summary of claims and defenses
  • Controlling legal authority
  • Any stipulations
  • Witness list with brief summaries of testimony
  • Exhibit list with descriptions

Unlisted witnesses or exhibits may be excluded absent a showing of good cause.

Jury Instructions, Interrogatories, and Verdict Forms

File proposed instructions 14 days before trial and email to the Staff Attorney in Word format.

Parties must confer and indicate which are agreed or disputed, citing legal authority for any disputed instructions.

Exhibits and Experts

All exhibits must be pre-marked, tabbed, paginated, and bound. Submit three hard copies three business days before trial.

Include the CV of each expert witness and any supporting materials used in forming their opinions.

Video and Deposition Testimony

If using deposition or video testimony, objections must be filed and ruled on at least 7 business days before trial. All testimony must be reviewed and edited prior to trial.

Voir Dire

Conducted by the Court and counsel jointly. There is no set time limit, but questioning should be efficient and relevant. Jurors may take notes but may not ask questions. Post-verdict, attorneys may speak with jurors only with juror consent.

Bench Trials

In bench trials, written briefing replaces jury instructions. The following procedures apply:

Trial Briefs (Due 14 Days Before Trial)

Trial briefs must include:

  • Proposed findings of fact and conclusions of law
  • Controlling legal authority
  • Anticipated legal or evidentiary issues
  • Stipulations
  • Witness list with expected testimony
  • Exhibit list with descriptions

Briefs are filed simultaneously, and each party is expected to anticipate and respond to opposing arguments.

Motions in Limine

File 14 days before trial. Opposition responses are due 7 days later. Replies are not permitted without leave of Court.

Exhibits and Experts

Submit three hard copies of all pre-marked, tabbed, paginated, and bound exhibits three business days before trial. Include the CV of any expert witness. For virtual trials, email electronic copies.

Stipulations

File 14 days before trial. The Court encourages stipulations to undisputed facts and admissibility of exhibits.

Post-Trial Submissions

The Court may request proposed findings of fact and conclusions of law after trial in appropriate cases, particularly those involving complex issues.

III. Criminal Matters

Contact: Bailiff Rob Bryan
Phone: (513) 946-5830 | Email: rbryan@cms.hamilton-co.org

Case Scheduling                                                                  

Plea or trial setting should occur within 60 days of the Disposition Scheduling Conference (DSC). The parties are encouraged to set the first Plea or Trial Setting (PTS) after the exchange of discovery is completed, but no later than 60 days after the DSC. Parties are expected to coordinate with the Bailiff to complete and submit an agreed scheduling order to the Court following the first plea or trial setting appearance. The Court’s calendar is crowded, so the earlier the parties select the trial date, the sooner the case will be tried.

Bond

Motions to modify bond must be filed 7 days in advance of the next hearing to allow victim notification. If the motion to modify bond is opposed, the State should file a memorandum in opposition at least three days before the scheduled hearing on the motion. The parties should detail all relevant factors in the motion and in any response.

Discovery

The State has an affirmative duty to disclose mitigating and exculpatory evidence. Law enforcement knowledge is imputed to the State. The Court encourages early and voluntary exchange of discovery to avoid delays and unnecessary motion practice. Discovery disputes must be addressed promptly and professionally. Counsel must confer in good faith to resolve any issues before involving the Court. If unresolved, counsel should contact the Court’s Bailiff to request a discovery conference. Motions to compel or motions for sanctions related to discovery will not be entertained unless this process is followed. The Court expects all attorneys to be fully familiar with their discovery obligations and prepared to discuss the status of discovery at any pretrial conference or hearing.

Sentencing

Sentencing memoranda are encouraged in all cases, and required in F1, F2, and special felony cases without an agreed sentence. Sentencing memorandum are due 5 business days before sentencing and should be shared with the Court and opposing counsel.

Final Pretrial Conference

A final pretrial conference will be held in every criminal case at least two weeks before the scheduled trial date. Defendants are required to attend in person. The purpose of the conference is to ensure that both parties are fully prepared for trial, to resolve any outstanding legal or evidentiary issues, and to determine whether the case can be resolved prior to trial.

Counsel should come prepared to discuss the status of discovery, the availability of witnesses, anticipated evidentiary objections, and any significant legal issues that may require resolution before trial. The Court may also set deadlines for briefing unresolved motions or legal questions at this time.

Motions in limine must be filed no later than two weeks before trial. Any responses to those motions are due one week before trial unless otherwise ordered. The Court expects that counsel will have reviewed these filings with care and be prepared to argue their positions if requested.

Pretrial statements are strongly encouraged, particularly in cases involving expert witnesses, complex legal issues, or unique evidentiary concerns. These statements help the Court anticipate trial logistics and minimize unnecessary continuances.

The final pretrial is not a formality. It is an essential opportunity to ensure the case is truly ready to proceed to trial, and to promote efficiency, fairness, and clarity for all parties.

Criminal Trials

Jury Trials (Criminal)

The Court aims to ensure that criminal jury trials are fair, efficient, and conducted with careful adherence to procedural requirements. The following rules apply unless otherwise ordered:

Trial Scheduling and Priority

Due to the Court’s large docket, multiple jury trials may be set on the same day.

Criminal jury trials may take precedence over civil jury trials, and among criminal cases, detained defendants are prioritized over those released pretrial.

Counsel must email the Bailiff (rbryan@cms.hamilton-co.org) and copy all parties no later than 7 days before trial to confirm the status of their case and whether it will proceed as scheduled.

Pretrial Submissions

Due at Least 14 Days Before Trial:

  • Proposed Jury Instructions

Submit proposed jury instructions via email to the Court’s Staff Attorney in Word format. Parties must confer to identify agreed and disputed instructions.

Submissions may consist of typed instructions, citations to the Ohio Jury Instructions (OJI), or proposed language with legal support.

Parties must confer and identify agreed and disputed instructions. All disputed instructions must include legal authority.

  • Motions in Limine

All motions in limine must be filed no later than 14 days before trial. Responses or memoranda in opposition are due no later than 7 days before trial. No replies are permitted unless specifically ordered by the Court.

Each motion in limine should clearly identify: The evidence or issue to be excluded or admitted; The legal basis for the request, including relevant rules of evidence or case law; and the anticipated impact on trial, including prejudice or confusion to the jury.

  • Stipulations

Parties should file any proposed stipulations of fact or admissibility of evidence.

Exhibits

Exhibits must be pre-marked, paginated, tabbed, and bound. Submit three hard copies to the Court at least three business days before trial. Each party must include the curriculum vitae of any expert who may testify.

Video and Deposition Testimony

If video or deposition testimony will be presented, any objections must be filed at least one week before trial. All such testimony must be reviewed, edited, and cued up in advance.

Voir Dire and Juror Conduct

Voir dire will be conducted by the Court and counsel jointly. There is no fixed time limit, but questioning must be relevant, focused, and efficient. Jurors may take notes but may not ask questions during trial. Following trial, attorneys may speak with jurors only with juror consent.

Bench Trials (Criminal)

In cases proceeding to a bench trial, the following procedures apply:

Trial Briefs (Due 7 Days Before Trial)

While not required in every case, trial briefs are encouraged, particularly in complex or non-routine matters. A trial brief should include: A concise statement of the facts; Identification of the legal issues to be decided; Summary of anticipated evidence; Discussion of applicable law, with citations; Any stipulations between the parties

Motions in Limine

Motions in Limine must be filed 14 days before trial. Responses due 7 days before trial, unless otherwise ordered. No replies are permitted unless directed by the Court.

Exhibits and Experts

Submit three hard copies of exhibits, pre-marked, bound, paginated, and tabbed, three business days before trial. Include the CV of any expert witness as a marked exhibit.

Stipulations

Submit any stipulations at least 7 days before trial. Parties are encouraged to stipulate to uncontested facts and the admissibility of evidence where possible.

1. Additional Notes

Suggestions Welcome. Courtroom policies will be updated periodically. Feedback is welcome and can be sent to: Civil inquiries: choward@cms.hamilton-co.org; Criminal inquiries: rbryan@cms.hamilton-co.org

About Judge Virginia Tallent

Judge Virginia Tallent was elected to the Court of Common Pleas in November 2024, and her six-year term began on April 1, 2025. She graduated summa cum laude from the University of Missouri-Columbia and earned her Juris Doctor cum laude from the University of Cincinnati College of Law. Prior to joining the bench, Judge Tallent held roles as Supervising Attorney at the Legal Aid Society of Greater Cincinnati, Senior Assistant City Solicitor, and as a Deputy City Manager. Her legal career focused on housing law, civil litigation in state and federal courts, and public administration, with an emphasis on addressing complex systemic issues such as affordable housing, violent crime, public nuisance abatement, and homelessness prevention.