Judge Jim O'Grady

Other

If you have outstanding fines or costs and need more time to pay, would like to do community service in lieu of the fines and costs, or have a warrant for any issue to this branch of the Court please Contact the Bailiff or Secretary to resolve the issue. You may also contact the Judge by email at: jim.ogrady@franklincountymunicourt.org

Decorum

Judge O'Grady runs his courtroom in a relaxed atmosphere. Considering the number of cases that come through the courtroom on a daily basis, it is important that the parties, attorneys, and all other persons involved with the case are willing to discuss the matters with a goal of efficient termination of the cases.

Status Conferences

Status Conferences are held only if requested or if the Court feels it is needed. The status of the case is discussed, via phone if necessary.

Motions & Briefs

Motions must be submitted timely and served on opposing parties. Motions may be ruled on without oral hearing unless requested. All motions must be submitted to the Court at least five (5) days before trial date. The Judge does not require extra copies.

Continuances

Continuances and extensions will be granted if reasonably possible with the understanding that all cases should be resolved within the time frames and guidelines of the Rules of Superintendence. Requests for continuances must be presented to the court a minimum of five (5) days prior to court date. Opposing parties should be contacted regarding requests.

General

Pretrial hearings are scheduled for all civil cases by the Assignment Office. Any additional pretrial hearings are scheduled by the Court.

Pretrial/Status Conferences

Conferences are scheduled for all civil cases for discussion of the case, discovery, and complex issues. Civil counsel for the parties should have authority to act on behalf of their clients as it is not necessary that the actual litigants be present at the pretrial but should be available by telephone for consultations.

Counsel are required to confer before the hearing pursuant to Local Court Rule 6.01 and to make a sincere effort to settle the case and to agree on evidentiary matters about which there is no genuine dispute. Requests for telephone pretrials should be by motion and opposing parties must be contacted. The party requesting the continuance must initiate the conference call and contact the Court at the designated time. Pretrial statements must be provided according to Local Court Rule 6.01 at all second pretrials.

Other

If parties feel that a settlement conference would help resolve the case, the Judge is more than willing to sit down with the parties or their counsel and try to effectuate a settlement to avoid protracted litigation.

Motions & Briefs

Motions must be submitted timely and served on opposing parties. Motions may be ruled on without oral hearing unless requested. All motions must be submitted to the court at least five (5) days before trial date. The Judge does not require extra copies.

Discovery

The Court encourages the prosecutor to meet with the attorneys to discuss the cases and if guidance is needed, to then meet with the Judge.

Pretrial/Status Conferences

Pleas should be oral. Nolo Contendere pleas (defendant does not admit guilt but does not contest criminal charges) or Alford pleas (defendant enters a plea of guilty but maintains innocence) are allowed. The Judge will consider all recommendations concerning plea arrangements that involve sentencing.

General

Continuances will be granted when requested - if it is within the rule, preferably one (1) week prior to trial. Opposing parties must be contacted regarding requests.

The Judge expects to treat everyone in a respectful and courteous manner in order to make the courtroom a place where all parties feel justice is being served. The only request is that the litigants, counsel for the parties, and the witnesses be respectful to one another and to the other parties in the courtroom. Examinations need not be conducted at the lectern. Counsel should ask permission to approach a witness. There are no attire requirements or prohibitions except no hats, sunglasses, head bands, or cell phones.

Other

For voir dire the Court will conduct preliminary questions and then counsel conducts voir dire. Peremptory challenge procedures are by the rules.

Exhibits should be marked ahead of time with copies available for the Court and the parties and the originals maintained by the court reporter. Trial notebooks must be exchanged in accordance with pretrial memorandum for civil cases.

Qualifications of experts should be confirmed in accordance with the law and the rules.

Jury Procedures

The Court will not require written documents, such as jury instructions. However, if they are desired, the Judge may make an exception to the rule. Jurors are permitted to inspect exhibits at trial and in the jury room. Jurors are permitted to ask questions in writing. The jury is instructed by the Judge. Counsel is permitted to talk with jurors after the verdict is read.