Ohio L.C.C.R. 8

As amended through October 29, 2024

Rule 8 - Pretrial conference and procedure

(A)Pretrial conference; Case management conference. In accordance with Civil Rule 16, the court may, on its own motion or at the request of a party, fix a date and place for a formal pretrial conference and one or more informal pretrial status conferences. The court may also, on its own motion or at the request of a party, fix a date and place for an early case management conference at which the parties shall be prepared to establish a binding case management schedule.

(B)Pretrial statement. Not less than seven days prior to the date of the formal pretrial conference, all parties shall file with the clerk and serve upon all other parties appearing in the action, a pretrial statement which:

(1) Informs the court in detail of the factual and legal issues which the case presents;

(2) Sets forth the party's position on legal issues, including any significant evidentiary questions, and the authorities in support thereof;

(3) Includes a list of all witnesses expected to testify;

(4) Includes a list of all exhibits which are to be introduced in evidence.

(C)Conference procedure. Trial attorneys shall be prepared at the pretrial conference and shall have full authorization to negotiate a settlement from the parties they represent. Upon the request of a trial attorney or upon its own motion, the court may order the parties or their respective sureties, indemnitors or insurers to be present at the pretrial conference.

(D)Pretrial order. The court may, and at the request of a party, shall prepare, or cause to be prepared, a written order which recites the action taken at the pretrial conference. The court shall enter the order and submit copies to the parties. The order, subject to Civil Rule 60(A), shall control the subsequent course of the action, unless modified at the trial to prevent manifest injustice.

(E)Expert witnesses. All parties shall exchange with all other parties, in advance of the trial, written reports of expert witnesses expected to testify. The parties shall submit expert reports in accordance with the schedule established by the court.

A party may not call an expert witness to testify unless a written report has been procured from said witness. It is the party's responsibility to take reasonable measures, including the procurement of supplemental reports, to ensure that each such report adequately sets forth the expert's opinion. However, unless good cause is shown, all supplemental reports must be supplied no later than thirty days prior to trial. The report of an expert must reflect the expert's opinions as to each issue on which the expert will testify. An expert will not be permitted to testify or provide opinions on issues not raised in the expert's report.

All experts must submit reports. If a party is unable to obtain a written report from an expert, the party must demonstrate that a good faith effort was made to obtain the report and must advise the court and the opposing party of the name and address of the expert, the subject of the expert's expertise together with the expert's qualifications and a detailed summary of the expert's testimony. In the event the expert witness is a treating physician, the court shall have the discretion to determine whether the hospital and/or office records of that physician's treatment which have been produced satisfy the requirements of a written report. The court shall have the power to nevertheless exclude testimony of the expert if good cause is not demonstrated.

If the court finds that good cause exists for the non-production of an expert's report, the court shall assess costs of the discovery deposition of the noncomplying expert against the party offering the testimony of the expert unless, by motions, the court determines such payment would result in manifest injustice. These costs may include the expert's fee, the court reporter's charges and travel costs.

If the court finds that good cause exists for the non-production of a report from a treating physician, the court shall assess costs of the discovery deposition of the physician equally between the plaintiff and the party or parties seeking discovery of the expert. These costs may include the physician's fee, the court reporter's charges and travel costs.

(F)Failure to comply. The sanctions stated in Civil Rule 37(B)(1) may be assessed for failure to timely comply with this rule.

Ohio. L.C.C.R. 8