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Common Pleas Court Judges

Judge David T. Matia

Courtroom: 17-D
Fax: (216) 348-4037

Colleen Gallagher/Colleen Kelly
(216) 443-8695

Staff Attorney:

Cara A. Kozyk
(216) 443-5595

On Common Pleas Bench Since: 1999
Admitted to Bar: 1990 - Ohio; 1991 - Kentucky
Born: 1964
High School: St. Ignatius
College: Holy Cross College, Miami University, BS Bus., 1987
Law School: Case Western Reserve University, JD 1990

Legal Experience:

Solo practice 1994-1998; Jacobson, Maynard, Tuschman & Kalur 1990-1994.


Cuyahoga County Common Pleas Drug Court

Litigation Preferences


Punctuality and Preparedness on behalf counsel is required. Uses each court appearance to investigate potential settlement or ADR.


Parties filing a dispositive motion of any length, or a motion or pleading longer than 10 pages, excluding exhibits, shall deliver a courtesy copy to the courtroom or to the staff attorney.

Motion Practice

Staff Attorney conducts many CMSs; although, Judge does handle some. Judge handles all other court appearances, unless in trial. Deadlines, merits, damages and settlement are disclosed at CMC.


Case specific. Generally orders that discovery be ongoing. Requires compliance with Loc. R. 21.

Settlement Conference

Considers each court appearance an opportunity to resolve case. Requires lead counsel, parties, and individual with settlement authority to be present. Out of state adjusters must be present. Expects counsel to know case!

Calendaring and Continuances

Motion by party is needed for all continuances unless medical emergency. Disputes over written discovery must be presented by motion. Court may hold hearing or status conference to resolve. Judge will take phone calls re: deposition objections.


Trial briefs not required unless parties feel it will assist the Court. Motions in limine will not be entertained unless filed and walked up to Judge ten days prior to trial. Requires witness list on morning of trial. Exhibits should be marked in advance. Copies of exhibits must be provided to Judge and opposing counsel. Copies of depositions used for impeachment must be provided to the Court. Juries take notes and can ask written questions. Counsel provided with opportunity to object to specific jury questions. Court conducts extensive voir dire. Counsel limited to 20 minutes. Entire panel is questioned. Preemptory challenges are exercised without further questioning of panel. Attorneys may speak to jury after verdict. Prefers counsel to stand while questioning witness. No speaking objections. Rules on videotape objections during trial. Requires counsel to review objections in advance of court's review.

Recent Opinions

Title Case Number
Barbara Leirvik v. David Selman 629204
Cuyahoga County Board of Commissioners v. Ohio, State of - ET AL 448900