Common Pleas Court Judges

 COVID-19

Pursuant to Ohio Supreme Court’s Administrative Order of March 27 2020, (http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2020/2020-Ohio-1166.pdf), all time requirements imposed by the Court, the Civil Rules, and the Local Rules are tolled. Upon expiration of the order, all time requirements tolled by the order shall resume from the date the order expires.

Effective January 1, 2020

Administrative Filings

For Administrative filings, please review the following information and contact Judge Sheehan’s Staff Attorney at 216-443-8611 with any questions.

Cognovits

Prior to filing with the Clerk, Plaintiff's counsel shall bring (1) the original complaint, (2) the original answer, (3) the original note, and (4) a proposed judgment entry to Judge Brendan J. Sheehan's Courtroom, 22-C. The Court shall process the documents as soon as possible within 7 days. Once the documents have been processed, the Court shall contact Plaintiff's counsel to pick up the documents for Plaintiff’s counsel to file with the Clerk. Please see Loc.R. 7 for the cognovit filing fee amount.

Debtor Examinations

Plaintiff's counsel shall submit (1) a motion for debtor examination, (2) an affidavit, (3) a proposed order, (4) the filing fee, and (5) instructions for service to Judge Brendan J. Sheehan's Courtroom, 22-C. A date for the debtor examination shall be assigned by the Court approximately four to six weeks out to allow for service. The Court shall file the documents with the Clerk upon assignment of a date. Please see Loc.R. 7 for the debtor examination filing fee amount.

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THE COURTROOM IS A PLACE OF RESPECT. All individuals appearing in Court are to treat all other individuals in Court with respect without regard to race, gender, religion, national origin, disability, age, sexual orientation, gender identity, or socioeconomic status.

COUNSEL AND LITIGANTS SHOULD VISIT THIS PAGE FROM TIME TO TIME FOR UPDATES.

Attorneys should be prepared to discuss settlement at the earliest opportunity. The Court will conduct settlement conferences whenever appropriate. The Court endeavors to resolve cases within one year of filing, absent extraordinary circumstances.

Pro se litigants are, by law, presumed to know the law and correct procedure (and must accept the results of their errors). The court sits as an impartial arbiter and all litigants will be treated equally.

Show Cause Orders

The following is a form order that may be submitted upon the Court’s granting of a motion to show cause or motion for contempt if a bench warrant is sought. Click here to download form.

Civil Case Management Conference

The Court refers the parties to the Cleveland Metropolitan Bar Association's endorsed Civil Case Management Order. Case specific scheduling will be established at the Case Management Conference. For a printable copy of the Order, please click here:  CLEVELAND METROPOLITAN BAR ASSOCIATION ENDORSED CASE MANAGEMENT ORDER

Case Management Conferences are conducted via telephone unless the parties request otherwise. In person conferences with the Court may be scheduled in lieu of the telephonic CMC upon request. Prior to the CMC, counsel for plaintiff(s) shall confer with all opposing counsel and unrepresented parties to organize the conference call to the Court. Plaintiff's counsel is to initiate the call with all other counsel present to the Staff Attorney at 216-443-8611. Parties are to have their calendars available and should be prepared to discuss service issues, discovery progress, and scheduling matters.

THE PARTIES SHOULD NOT WAIT FOR THE CMC BEFORE BEGINNING TO CONDUCT DISCOVERY.

Any party who fails to participate in the CMC will be deemed to have accepted the scheduling order established by the Court.

Pre-trials are conducted in person unless prior arrangements have been made with the Court and all parties. If the pre-trial appearance is to be conducted by telephone, the plaintiff shall initiate the conference call to the Court's bailiff, Leo Blatt, at (216) 443-8685. Parties are to be prepared to discuss settlement at pre-trials. All pre-trials are counsel only unless it is a final pre-trial or settlement conference.

Parties are required to confer with the Court prior to filing any discovery motions (see Discovery Disputes, below).

Courtesy Copies

Parties are required to deliver a hard copy of all motions exceeding 5 pages in length to the Court. Delivery may be made by leaving a copy with the bailiff in Courtroom 22C.

Initial discovery deadlines are established at the CMC. Subsequent discovery deadlines are addressed at pre-trials throughout the course of the case.

Discovery Disputes

Parties are expected to make all reasonable efforts to settle discovery disputes among themselves. Parties are required to contact the staff attorney and initiate a telephone conference prior to filing any discovery motions (motion to compel, motion to quash, motion for protective order, etc.) Parties will be provided a full opportunity to make a record of any perceived discovery violations.

Extension

Parties may, by mutual agreement, extend the deadline for completing discovery; provided, any such extension shall not, under any circumstances, alter any other court-scheduled events, deadlines, or mediation.

The parties may request a settlement conference at any time. The parties may request a settlement conference at any time. All parties and chosen representatives must be present with full, final, and immediate settlement authority. If the real party in interest is an insurance company, corporation, common carrier, or other artificial entity, then the chosen representative must be the person with full, final, and immediate authority to negotiate and enter into a binding settlement agreement as to all claims. A governmental entity shall send a representative authorized to act on its behalf.

Parties are expected to negotiate in good faith; failure to do so may result in sanctions.

Parties seeking continuances of scheduled court dates, other than trial dates, must file a motion indicating the consent of all parties and alternate available dates for rescheduling. No continuances will be granted until a new date is calendared with the Court.

Consistent with Local Rule 17, continuances of trial may be granted for good cause shown. Motions to Continue must be in writing, state the reason for the request, and be endorsed in writing by the parties as well as counsel. Agreed motions, signed by all parties and counsel, will be granted absent unusual circumstances or undue delays. All Motions to Continue must state alternate trial dates within 4 weeks of the scheduled trial date.

Judge Sheehan's Trial Order

Default Judgments

Default Hearing

Default judgment hearings are held in Courtroom 22C. Parties are required to be present. Plaintiff’s attorney is required to bring to the hearing the following items: -judgment entry; -affidavit signed by the plaintiffs' attorney averring compliance with all service requirements in accordance with applicable statutes and rules; -affidavit signed by the plaintiff(s) or plaintiffs' representative proving damages.

Default Notification

Plaintiffs are required to notify, in writing, all parties against whom default judgment is sought of the time and date of the default hearing by regular and certified mail, return receipt requested, at least fourteen (14) days in advance of the hearing date. Proof of mailing is required at the hearing. Certified mail receipt or proof of certified