JUDGE EVERETT H. KRUEGER

DELAWARE COUNTY COMMON PLEAS COURT
91 N. Sandusky St., 3rd Floor
Delaware, OH 43015
(740) 833-2550

Fax 740-833-2549

 

Administrative Assistant - Civil

Catherine Brooks

740-833-2557

Administrative Assistant - Criminal

Staci Clarke

740-833-2551

Court Administrator

Kristin Schultz 

740-833-2554

Administrative Assistant to Judge Krueger

Linda Kiser

740-833-2556

Staff Attorney/Magistrate

Rebecca Rabb 740-833-2552

Courtroom Clerk

Monty Harris

740-833-2553

Jury Coordinator - Johnine Marstiller

Jury Information

740-833-2558

Adult Court Services

Website

740-833-2570

Contract Court Reporter

Jackie White

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General Practices and Procedures

Communications

            To inquire about a scheduling matter with the Court, please contact Judge Krueger’s staff as listed above.  Prior to contacting the Judge’s staff to inquire about information regarding the status of a case, first check the online website through the Delaware County Clerk of Courts (http://www.delawarecountyclerk.org/).

            Do not contact Judge Krueger’s staff to discuss legal questions.  Do not contact Judge Krueger’s staff to inquire when a decision will be made unless four (4) months has passed since the date of the oral or non-oral hearing. 

Courtroom & Chambers Decorum

            All persons entering the Courtroom and Judge’s Chambers shall conduct themselves with deference for the Court, displaying respect for the law, parties, counsel, deputies, and staff.  Following is a list of appropriate courtroom practices:

  • All persons shall be on time and prepared; 
  • Counsel should review any necessary paperwork with his/her client prior to the hearing; 
  • All persons shall stand when addressing the Court;
  • Water is permitted in the Courtroom, provided it is placed on the floor.  However, no other beverages or food is allowed. 
  • Appropriate dress is required (no shorts, tank tops or hats)
  • All cell phones, pagers, and other audible electronic devices shall be silenced. 
  • Do not enter the Courtroom while Court is in session.  Wait until a break or conclusion of the hearing to enter the Courtroom. 

Status Conferences

            Counsel of record may request status and/or telephone conferences with the Court to discuss the status of a case, discovery disputes, procedural issues, and to resolve scheduling conflicts.  Status conferences and/or telephone conferences are conducted by Judge Krueger and/or his Staff Attorney/Magistrate. Judge Krueger welcomes the use of status conferences/telephone conferences to resolve issues among counsel of record.

Motions and Briefs

            An extra copy of motions and briefs shall be submitted to the Judge’s Chambers along with a proposed entry.  

            Counsel should discuss stipulations of fact before filing Civ.R. 56 Motions for Summary Judgment, and whenever possible before significant pretrial discovery to reduce cost and delay.

Continuances/Extensions

            Judge Krueger expects parties to seek the consent of the opposing party prior to requesting a continuance or extension of a deadline. Per local rule 15.03, any motion to continue a trial date shall be accompanied by a proposed entry that includes a list of available dates agreed upon by all parties.  Stipulations are not sufficient to postpone case deadlines or trial dates.

Notice of Appearance

            In both civil and criminal matters, counsel shall file a notice of appearance prior to representing his/her client in court. 

Pretrial Procedures

Final Pretrial

            Final pretrials are set in all civil cases in the initial scheduling entry.  Counsel shall review the scheduling entry for detailed pretrial requirements. Counsel of record and Trial counsel shall appear and shall be prepared to discuss the following:

  • Status of Mediation/Settlement
  • Pending claims/defenses
  • Stipulations and Objections to Exhibits
  • Outstanding Issues/Motions
  • Jury Instructions/Verdict Forms/Jury Interrogatories
  • Technology needs

Failure to attend may result in dismissal of the case for want of prosecution or other sanctions Judge Krueger deems appropriate. 

 

 

Settlement

            Parties are expected to negotiate in good faith and thoroughly explore all matters in an attempt to reach a resolution prior to trial.  If a resolution is reached in a civil matter, each counsel of record shall notify Judge Krueger’s Staff Attorney/Magistrate as soon as possible.

 

Trial Procedures

Jury Selection

           The jury is selected using the “strike method” for jury selection.   Potential jurors will be seated randomly in the jury box in the order names are received from the Board of Elections.  Twenty (20) jurors are seated in the box for criminal matters and fourteen (14) jurors are seated in the box for civil matters.  The first 12 jurors for criminal matters or the first 8 (unless otherwise determined) jurors for civil matters seated in the jury box will constitute the jury unless counsel utilizes their challenges against them.  Counsel are permitted to ask questions of the twenty (20) or fourteen (14) after preliminary questions are asked by Judge Krueger. Counsel shall direct their questions only to the jurors seated in the jury box.  All challenges are made in the presence of the jurors.

           After the jury is sworn, preliminary instructions are given by the Judge.  Jurors will be informed whether they are permitted to take notes.  Note taking normally is permitted.  Juror questioning is normally permitted.  Jurors with questions may submit those in writing and Judge Krueger will determine whether to ask the submitted question to the witness. 

Presentation of Evidence

           Counsel of record should familiarize themselves with Judge Krueger’s courtroom prior to trial.  If counsel desires to use any video/audio equipment, please contact Judge Krueger’s Courtroom Clerk twenty-four (24) hours prior to trial to ensure equipment work with exhibits.  If counsel is utilizing an audio or video exhibit, the exhibit must be edited to incorporate any previously ruled on objections if the exhibit is going to the jury.

           Exhibits must be marked ahead of time.  Counsel are required to provide the Court with labelled copies of all exhibits prior to the start of trial.  Counsel must also provide additional copies for the witness stand and counsel of record.  Original exhibits will be maintained by the court reporter and will remain in the custody of the court reporter until the jury begins deliberations.  Counsel are encouraged to determine which exhibits will be marked joint exhibits and admitted without objection into evidence prior to trial.

           Questions to witnesses and arguments to the Court must be made from the podium unless prior approval is received.  Counsel should request permission before approaching a witness or bench to provide a document or exhibit.  All objections and other remarks to the Court shall be made while standing.  The Court does not permit speaking objections.  Objections should be succinct without argument or commentary (e.g. “hearsay”, “leading,” etc.).  If argument is needed, counsel may request to approach the bench.  Counsel of record should anticipate any evidentiary questions or disputes and bring them to the Court’s attention ahead of time.

Trial Schedule

            Generally, trials begin promptly at 8:30 a.m. and end at approximately 5:00 p.m. each day, with an hour lunch break and breaks mid-morning and mid-afternoon.  Foreseeable delays or scheduling conflicts should be raised by counsel of record at the final pretrial.

Submission to Jury

            Counsel shall meet and submit joint jury instructions and where they differ, highlight with argument for jury instruction.  Prior to closing argument the Judge will provide counsel with a written copy of the final jury charges.  The final jury charge is given after closing argument and before the jury begins deliberations.  Counsel of record will be given an opportunity to make any objections to the final jury charge on the record.  Judge Krueger will send the jury a written copy of his final jury charge for the jury’s reference during deliberation. 

           

            Miscellaneous Practices and Procedures

 

Temporary Restraining Orders

            When filing a Motion for Temporary Restraining Order, Judge Krueger expects the movant to have made good faith efforts to contact the opposing party to advise them when they would be bringing the motion to the Court.  Judge Krueger meets with the attorney to review the paperwork.

Pleas

            It is the responsibility of Defense Counsel to contact the Judge’s office to schedule a Change of Plea Hearing. The Court is not responsible for copies of plea paperwork.  The State is to provide a copy of plea paperwork to Defense Counsel to discuss in advance of the hearing. 

PSI/Assessments

           It is Defense Counsel’s responsibility to ensure PSI and assessments are completed.