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Common Pleas Court Judges

Judge Hollie L. Gallagher

Judge Hollie L. Gallagher


Courtroom: 16-A
Fax: (216) 348-4038
Bailiff:

Kayla Szynal

(216) 443-8728

Staff Attorney:

Martha L. Allee
(216) 443-8579

On Common Pleas Bench Since: 2006
Admitted to Bar: 1995

Litigation Preferences

General

Criminal Cases

If you have a question about a criminal case, please contact the Court’s bailiff at the number listed above during business hours.

 

Use of Artificial Intelligence in Criminal Cases

Use of Artificial Intelligence (AI) when researching and drafting documents may result in “fake” or “hallucinated” cases and law, and generate material that is not based on the actual facts of the case. Litigants, including pro se defendants, who rely on AI-generated material must verify the accuracy of the factual information, cases, and case citations that it generates. The Court may sanction any party who submits a filing containing fake cases or citations.

If any attorney or pro se defendant uses AI in formulating a filing, they must include within the filing a disclosure explaining that they used AI and how they used AI.

 

Foreclosure Cases

If you have a question about a foreclosure case, quiet title, or partition case, please contact the Magistrates’ Department at 216-443-8505. The Magistrates page has general information regarding these cases.

 

Civil Cases

If you have a question about any other case on the civil docket, please contact the Court’s staff attorney at the number listed above during business hours. 

All counsel and pro se parties are required to be punctual and prepared. The Court expects to move its docket quickly and efficiently with the goal of disposing most civil cases in accordance with the Ohio Supreme Court’s guidelines.

Pro se litigants (parties not represented by an attorney) are, by law, presumed to know the law and correct procedure and must accept the results of their errors. The Court sits as an impartial arbitrator. All litigants will be treated equally. The Court encourages pro se parties to make an appointment with the Court Resource Center (216-443-8504) to address questions. The Court Resource Center cannot provide legal advice.

 

Use of Artificial Intelligence in Civil Cases

Use of Artificial Intelligence (AI) when researching and drafting documents may result in “fake” or “hallucinated” cases and law, and generate material that is not based on the actual facts of the case. Litigants, including pro se parties, who rely on AI-generated material must verify the accuracy of the factual information, cases, and case citations that it generates. The Court may sanction any party who submits a filing containing fake cases or citations or who otherwise violates this directive or Civil Rule 11. Sanctions may include: striking the offending document; imposing fines and fees; holding a party in contempt of court; dismissing a plaintiff’s lawsuit; and striking a defense.

If any attorney or pro se litigant uses AI in formulating a filing, they must include within the filing a disclosure explaining that they used AI and how they used AI.

 

The following policies apply to civil cases not on the foreclosure docket:

Pre-Trials

Case Management Conference

Typically, case management conferences are held by phone and conducted by the Court’s staff attorney. The parties should submit a Civil Rule 26(F) report in advance of the conference. At the case management conference, the parties should have access to their calendars and should be prepared to enter a binding case management order that will include: a fact discovery cut-off, expert report deadlines, a deadline for filing of dispositive motions, as well as a final pretrial and a trial date. Parties should notify the Court of any anticipated difficulties pertaining to discovery and of the dollar amount in controversy. Parties should also be prepared to discuss a referral to Dispute Resolution to schedule mediation.

 

Final Pretrials

Generally, the final pretrial is treated as a settlement conference and the Court will only schedule one prior to the trial date. Parties with full settlement authority must appear in court for the final pretrial. (This may mean the appearance of an adjuster, not the party, if appropriate.) Participation by telephone is not permitted. The Court may, 1) after notice being provided, dismiss an action without prejudice for want of prosecution upon failure of plaintiff and/or plaintiff's counsel to appear in person at the final pretrial, or 2) after notice being provided, order the plaintiff to proceed with the case and decide all matters ex parte upon failure of the defendant to appear in person or by counsel at the final pretrial.

Plaintiff shall communicate a demand to the defendant at least 14 days prior to the final pretrial conference. All parties must submit a pretrial statement that includes the status of settlement discussions to the staff attorney at least 7 days before the final pretrial. At the final pretrial, counsel should be prepared to provide the Court with their assessment of the case. All parties are expected to negotiate in good faith.

The Court’s schedule may prevent the judge from personally conducting the final pretrial, in which case the final pretrial will be facilitated by the staff attorney. If the parties believe it is necessary for the assigned judge to personally conduct the final pretrial, the parties are directed to contact the staff attorney at least 24 in advance to submit their request. In any instance where the judge has a conflict, the Court will reschedule the final pretrial in order to allow the judge to preside in person.

Motion Practice

Default Judgments

Motions seeking default judgment should be filed within 14 days of the expiration of the defendant’s answer time. A telephonic hearing will be set on all motions for default judgment. The moving party must provide notice of the default hearing date and time to defendant via regular and certified mail sent no later than 10 days prior to the hearing. The moving party must provide the Court with proof of timely notice of the hearing and an affidavit of damages. A proposed judgment entry should also be provided to the Court.

 

Motions for Summary Judgment

If any party anticipates filing a motion for summary judgment, a briefing schedule will be incorporated into the case management order. The parties can expect a ruling on the motion for summary judgment prior to their final pretrial. In any instance where the Court is unable to rule before the final pretrial, the Court may, upon motion by a party, continue the trial date for at least 60 days. At the request of either party, the Court may schedule and conduct an oral argument on a pending motion for summary judgment.

Parties are required to deliver a hard copy of all motions exceeding 25 pages in length to the Court. Delivery may be made by leaving a copy with the bailiff in Courtroom 16-A.

Discovery

The parties should not wait until the case management conference to begin discovery. The Court permits 90 to 120 days for fact discovery, depending on the complexity of the case. Parties must contact the staff attorney prior to filing a motion to compel. Parties may request a status conference with the Court to resolve discovery disputes at any time. All reasonable efforts to settle discovery disputes shall be made before the filing of a motion to compel. Parties must comply with Civil Rule 26(B)(8) if they withhold information due to a claim of privilege. Pursuant to Local Rule 8.0(E), all motions related to discovery disputes must include a copy of the disputed discovery request and any responses to the request.

Settlement Conference

Parties may request a settlement conference at any time. Parties with full settlement authority must appear in court for any settlement conference. Participation by telephone is not permitted. At the settlement conference, the Court will not play the role of a traditional mediator. All parties are expected to negotiate in good faith.

Calendaring and Continuances

If you are seeking to continue a case management conference or default hearing, please call the Court’s staff attorney.

Requests to extend other case management dates and deadlines must be made by a motion that specifies the length of continuance and the reason for continuance. A first continuance of a trial date will be granted upon a motion, unless the Court’s initial scheduling entry indicates otherwise. Any additional or last-minute continuances may not be granted. If a party seeks to extend a briefing deadline, they should consult the opposing counsel or party and state in the motion if the continuance is unopposed.

Trials

Parties must file any pretrial motions, including motions in limine, at least 14 days prior to trial. Briefs in opposition are due 7 days before trial. Untimely motions will not be considered.

Parties must file agreed jury instructions, agreed jury interrogatories and verdict forms, and an agreed statement of the facts for voir dire no later than 14 days prior to trial. Any objections to the joint jury instructions must be submitted in writing and with authority. All objections to deposition testimony to be used at trial, other than for limited impeachment purposes, must be filed 10 days prior to trial with a copy of the transcripts. Trial briefs with witness and exhibit lists must be filed 14 days prior to trial.

Jurors will generally be allowed to take notes during the presentation of evidence. Generally, the Court does not impose an arbitrary time limit on voir dire, opening statement, or closing arguments, however, parties are expected to be concise.