Honorable Alison Hatheway
Hamilton County Courthouse
1000 Main Street
Room 300
Cincinnati, Ohio 45202
Tara Eggleston, Bailiff
Phone Number: 513-946-5760
Isabelle Weber, Staff Attorney
HathewayLawClerk@cms.hamilton-co.org
Phone Number: 513-946-5759
Fax Number: 513-946-5757
** ALL CASE MANAGEMENT CONFERENCES (CMC), STATUS CONFERENCES, AND CASE REPORTS, WILL BE HELD VIA TELEPHONE CONFERENCE. PLEASE CONTACT OPPOSING COUNSEL PRIOR TO THE CMC AND INITIATE A CONFERENCE CALL -- THEN CALL THE COURT AT 513-946-5759 **
Courtroom Procedures
Motion Practice
To set a hearing on a civil case, a request must be submitted in writing and a hearing scheduled with the staff attorney. If a hearing is not required by law but was requested in writing, the staff attorney will reach out for a hearing if the Court believes it needs one. Once a motion is fully briefed, please contact the staff attorney at the email provided above to notify the Court.
To set a hearing on a criminal case, a request must be made in writing and a hearing scheduled with the bailiff. A file stamped courtesy copy of any motion should be provided to the Court in advance of the hearing.
All motions are typically heard in the afternoon, or after the rest of the morning docket is complete. The timelines for responses to and replies in support of motions will follow those imposed by the Ohio Rules of Civil Procedure, the Ohio Rules of Criminal Procedure, and any applicable local rule. Motion hearing exhibits must be provided to the opposing party and the Court prior to the hearing.
Rule 40 of the Ohio Rules of Superintendence state the Court should issue its decision on a motion within 120 days from the date it was filed. However, to request the status of a pending motion or to alert the Court of an urgent request, counsel should contact either the bailiff (criminal cases) or the staff attorney (civil cases).
Settlement and Mediation
For civil matters, attorneys are encouraged to reach resolutions on their own, however, parties are encouraged to contact the Court if they believe that intervention would aid the parties in reaching a settlement agreement.
The Court requires mediation to be completed by the final pretrial date. If you would like a mediation referral to Hamilton County’s ADR Office, please contact the staff attorney.
Discovery
Discovery time limits are set at the initial case management conference. The Court expects opposing parties to be courteous and respectful regarding discovery. If a discovery dispute arises, parties must attempt to work it out before seeking Court involvement.
In civil cases, prior to any party filing a Motion to Compel Discovery, parties must first reach out to the staff attorney to schedule a Discovery Conference. The Court will not hear any motion to compel until the parties have met with the Court for a Discovery Conference.
In criminal cases, there is a duty to provide discovery to the defendant, including but not limited to, mitigating and exculpatory evidence. Possession of such evidence by law enforcement is imputed to the state.
Pretrial
This Court uses a standard case management form. The form provides attorneys with a discovery deadline, deadlines for identification of experts, dispositive motion deadlines, and pretrial and trial dates which should be adhered to. During the initial case management conference, a pretrial conference will be set approximately two or three weeks prior to trial. Pretrial statements are due at least one week before the pretrial conference and should include the following:
- Factual and legal issues, including any stipulations of fact
- List of all witnesses and a summary of their expected testimony
- As to plaintiff(s), an itemized list of special damages and expenses, if applicable
- List of exhibits to be used at trial
- Copies of available opinions of all persons who may be called as expert witnesses, including physicians, which shall not constitute a waiver of privilege granted under R.C. 2317.02, as set forth in Civil Rule 16
- Current status of settlement discussions
- Any pretrial motions, including motions in limine
- Any other items you believe the Court should know prior to trial
Representatives for each party must be present at the final pretrial. Parties or persons with authority to settle should be readily available by phone. Often, pretrials are conducted over the phone. However, the Court will notify the parties if the pretrial will be in-person.
Motions in limine should be filed at least one week before the pretrial. All exhibits, marked with exhibit numbers/letters, should be submitted to the Court at least three business days before the trial. The Court does not have preferences for using numbers or letters for exhibits. However, the Court requests that parties do not use the same type of symbol (i.e., if Plaintiff uses numbers, Defendant should use letters).
Trial
For the first day of trial, criminal trials are set at 10:00am and civil trials are set at 11:00am. This is so the parties can check in with the Court to confirm the parties are moving forward with trial and to request jurors, if necessary. After checking in with the Court, the Court will ask all parties to return at 1:00pm to begin trial, as our morning docket will be finished by then. Generally, each subsequent day of trial will begin at 1:00pm. Each day, trial will by 4:30pm, unless the Court or the parties believe it is necessary to go beyond 4:30pm.
One copy of civil jury instructions, in complete and final form, should be submitted by e-mail to the staff attorney one week before trial. Counsel must work together to submit one final version of jury instructions. Only if parties disagree on portions of the jury instructions may you submit different versions of those portions only.
A witness list must be provided to both the Court and the court reporter before trial. Trial briefs are welcome but are not required. There is no time limit for voir dire, but counsel is expected to keep voir dire succinct.
Sentencing
Sentencing Memorandums in criminal matters should be filed with the Court no later than two business days before the sentencing hearing. A copy should also be provided to opposing counsel prior to the sentencing hearing.
Courtroom Etiquette and Expectations
Counsel and parties are expected to be professional, respectful, and courteous. Counsel is expected to act with civility toward each other, the parties, witnesses, staff and the general public. When speaking during a hearing or trial, counsel should stand, either at the podium or at their table. Counsel should ask permission before approaching a witness or the bench, but consider such permission continuing after the first request unless otherwise directed from the bench. Counsel is expected to be on time, however, if counsel is delayed or late, they should contact the Court.