Common Pleas Court Judges

COVID-19 Update

Pursuant to the Ohio Supreme Court’s 03/27/2020 Administrative Actions Order (“The Order”), all time requirements for filing all pleadings (including answers, motions, responsive briefing, etc.) have been suspended and tolled as of 03/09/2020. (2020-Ohio-1166, https://www.supremecourt.ohio.gov/rod/docs/pdf/0/2020/2020-Ohio-1166.pdf). The tolling period shall expire on the date the COVID-19 Emergency ends, pursuant to Ohio Supreme Court or Cuyahoga County Administrative Judge Order, or 07/30/2020, whichever is sooner. At that time, the parties shall have the remaining time applicable under the Civil Rules in which to file their pleading. The Court notes that the tolling order does not apply to specific orders of this Court that were issued on or after 03/09/2020.

Motions/Responsive Briefing: The Court notes that any party may still elect to file a Motion and/or a Responsive Brief. If a party files a Motion and the opposing party responds, the Court shall make a ruling after the matter is fully briefed. However, if the opposing party does not respond in electing to have the matter tolled, then the Court shall hold the Motion in abeyance until the tolling period has expired and the opposing party’s response time has expired.

Answers/Motions for Default: For cases especially involving pro se Defendants, the Court notes that any Answer that was/is due after 03/09/2020 through the duration of the Order is tolled. If a Plaintiff proceeds forward in filing a Motion for Default Judgment in a case in which the Defendant’s Answer was due prior to 03/09/2020, the Court shall hold its ruling in abeyance pending any response to the Motion by Defendant or until the tolling period has expired and the Defendant’s response time has expired.

The Court encourages the continuation of settlement efforts of civil cases during the pendency of The Order so long as those efforts do not violate the stay-at-home order issued by Governor Mike DeWine. The Court is available to conduct a telephone conference with attorneys for the purpose of settlement or to address any other litigation issues if requested by all parties or deemed necessary by this Court. To request a telephone conference, the parties should contact Judge Kilbane’s Staff Attorney Marcie Distad at (216) 443-861 or cpmd2@cuyahogacounty.us.