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Judge

David Tyack

ELECTED 2007

 
 

BIO

Judge Tyack was elected to an unexpired term after 25 years in private practice and re-elected in 2009 and again in 2015. He was elected by his colleagues to preside over the Mental Health Court Specialized Docket in 2013 and was subsequently elected to preside over the two Specialized Docket drug courts, the Alcohol and Drug Addition Program and the Opiate Extension Program in 2015. Judge Tyack currently presides over the Recovery Court Specialized Docket Program (formerly ADAP).

Judge Tyack is the Presiding Judge over the Recovery Court Specialized Docket. Learn More  

Continuances

Continuances may be granted in advance of a scheduled court date by agreement of the parties or by a request made to the Court. Continuances may also be granted the day of a scheduled hearing upon request. 

Decorum

Citizens and attorneys coming to Court are expected to present themselves dressed appropriately and must conduct themselves in a polite and respectful manner when dealing with anyone in or outside the courtroom. Mobile communication devices must be silenced inside the courtroom and cannot be used except by authorized Court personnel.

Motions & Briefs

Written motions on a pending action must be made according to the Local Court Rules or Ohio Rules of Civil/Criminal Procedure. Briefs are required to support a written motion. Motions may be made orally if entertained by the Court.

Status Conferences

A status conference may be scheduled at the request of a party or the Court. A scheduled hearing may be converted to a status conference in advance of the scheduled date upon request.

Other

The use of an audio or video recording system inside the courtroom is not permitted except as may be authorized by the Court in advance of a hearing.

General

Civil cases are assigned to a Judge upon the filing of an answer or other responsive pleading. Most cases are referred for mediation before being set for a hearing with the Judge. If mediation is unsuccessful in settling a case, it will be scheduled for a pretrial hearing or a trial before the judge. A scheduling order will then be issued by the Court.

Upon substituting as an attorney of record in an existing case, whether that case is open or closed, a Notice of Appearance of Counsel must be filed with the clerk's office to receive proper notification in that case.

Motions & Briefs

Motions and discovery is stayed until the conclusion of mediation. Permission from the Court is required to file a motion once a case is scheduled for hearing before the Judge.

Pretrial/Status Conferences

A status conference may be scheduled at the request of a party or the Court. A scheduled hearing may be converted to a status conference in advance of the scheduled date upon request.

Other

If a demand for a jury trial is made, the required deposit must be made by the requesting party within fourteen (14) days of the pleading demanding that the case be tried to a jury. If the deposit is not made, the case shall be tried to the Court.

Upon settlement of a case, an agreed entry may be submitted to the Court in advance of any hearing date. If settled the day of trial or hearing, an entry shall be submitted within thirty (30) days or the action will subject to dismissal.

General

Minor misdemeanor cases are scheduled for a trial before the Court after arraignment and assignment. All other cases are scheduled for a pretrial hearing after arraignment and assignment. Continuances of pretrial hearings will be granted for good cause.

Motions & Briefs

Written motions on a pending action must be made according to the Local Court Rules or Ohio Rules of Criminal Procedure. Briefs are required to support a written motion. Motions may be made orally if entertained by the Court.

Discovery

Discovery shall be handled upon demand between the prosecutor and defense counsel or the defendant. Reasonable continuances to obtain discovery may be granted upon request. 

Pretrial/Status Conferences

Status conferences are generally not separately scheduled, but may be arranged upon request. Personal appearance of a defendant may be waived if arranged in advance for a pretrial hearing or status conference.

Other

Pleas in abstentia will be accepted upon presentation of the completed form approved by the Court for traffic (TRC and TRD) cases only, so long as the defendant is a U.S. citizen. Pleas in abstentia cannot be accepted for criminal misdemeanor cases (CRB).

Interpreters shall be provided upon request of a defendant, attorney, or witness. Usually, plea hearings and some motion hearings are recorded by a digital audio/video system installed in the courtroom to preserve a record. Request an Interpreter    

General

A jury trial is available in a criminal or traffic case when the offense or offenses carry a possible jail term. If no jail term is available as part of a sentence, a defendant is only entitled to a trial to the Court. There is an option to have trials or hearings recorded by the courtroom's audio/video system or to have a court reporter present to make the record.

Dates

A case, when continued for a jury trial, will be scheduled according to the likelihood of a trial commencing on the assigned date, taking into consideration issues with regard to speedy trial, the anticipated length of trial, and the availability of jurors to be present for the trial. A jury trial date may be continued for good cause shown to the Court.

Jury Procedures

All preliminary matters shall be addressed prior to the calling of the jury into the courtroom. The litigants will decide the form of voir dire. The Judge will first address the prospective jurors with some general inquiries and preliminary instructions. Each side will then be given the opportunity to inquire of the prospective jurors.

After voir dire, the panel will be selected through challenges for cause or peremptory challenges. The Judge will give more detailed preliminary instructions prior to the presentation of evidence.

Prior to the deliberation by the jurors, the Judge will give the final jury instructions. The parties and counsel will make themselves available to the Court once the jurors reach a verdict or if the jurors have any questions during deliberations.

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