Sixteenth Judicial Circuit Court of Michigan, Macomb County
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- Unless the Court permits otherwise, an adjournment request must be made by a verified written motion showing good cause.
- The assigned judge or the judge’s designee must decide every adjournment request.
- Granted adjournments must be classified and tracked according to the stated reason.
- +3 more
Request must include
Communication
Phone
Document Format Requirements14 rules
If the court issues an administrative order that gives interim effect to a referee’s recommended order, the court must notify the parties of its interim effect by including a notice, under separate heading, within the referee’s recommended order. The notice should be printed in 12-point-or-larger boldface type.
- Font size
- At least 12 points
- Recommended order
If the court issues an administrative order that gives interim effect to a referee’s recommended order, the court must notify the parties of its interim effect by including a notice, under separate heading, within the referee’s recommended order.
If the court issues an administrative order that gives interim effect to a referee's recommended order, the court must notify the parties of its interim effect by including a notice, under separate heading, within the referee's recommended order. The notice should be printed in 12-point-or-larger boldface type.
- Font size
- At least 12 points
- Proposed order
Formatting
- •Use boldface type
i. Signatures submitted electronically shall use the following form: /s/ John L. Smith.
c. Any exhibit or attachment that is part of an e-filing must be clearly designated and identified as an exhibit or attachment.
E-filings may not contain full Social Security numbers; when a number must be referenced, only the last four digits may appear in the format XXX-XX-1234.
Court's wording
Pursuant to Administrative Order No. 2006-2, full social security numbers shall not be included in e-filings. If an individual’s social security number must be referenced in an e-filing, only the last four digits of that number may be used and the number specified in the following format: XXX-XX-1234.
If the court issues an administrative order that gives interim effect to a referee's recommended order, the court must notify the parties of its interim effect by including a notice, under separate heading, within the referee's recommended order. The notice should be printed in 12-point-or-larger boldface type.
- Font size
- At least 12 points
- Referee recommended order
The notice should be printed in 12-point-or-larger boldface type.
Formatting
- •The notice must be printed in 12-point-or-larger boldface type
the court must notify the parties of its interim effect by including a notice, under separate heading, within the referee’s recommended order.
The notice should be printed in 12-point-or-larger boldface type.
The notice should be printed in 12-point-or-larger boldface type.
- Font size
- At least 12 points
Formatting
- •Boldface
- •Under a separate heading
The notice should be printed in 12-point-or-larger boldface type.
- Font size
- At least 12 points
Formatting
- •12-point-or-larger boldface type
The notice should be printed in 12-point-or-larger boldface type.
- Font size
- At least 12 points
Formatting
- •The notice should use boldface type
The notice should be printed in 12-point-or-larger boldface type.
Formatting
- •Notice must be printed in 12-point-or-larger boldface type
Document Filing Requirements35 rules
If the court issues an administrative order that gives interim effect to a referee’s recommended order, the court must notify the parties of its interim effect by including a notice, under separate heading, within the referee’s recommended order.
If the court issues an administrative order that gives interim effect to a referee’s recommended order, the court must notify the parties of its interim effect by including a notice, under separate heading, within the referee’s recommended order.
3. Pursuant to MCR 2.113(C)(2), plaintiff must indentify a prior action on the first page of their complaint.
If a case requires a hearing and the taking of testimony, make a written signed report to the judge containing a summary of the testimony taken and a recommendation for the court's findings and disposition.
b. Joint Pretrial Report. The parties are jointly responsible for preparing and submitting a pretrial report no later than seven days before the Initial Court Conference unless otherwise directed by the Business Court Judge. Contents include:
c. Initial Pretrial Disclosures. The parties will make initial pretrial disclosures as directed by the Business Court Judge. These disclosures must include all of the following, to the extent applicable:
a. As required by MCR 2.112(O), a party shall verify on the face of the party’s initial pleading that the case meets the statutory requirements to be assigned to the business court.
a party shall verify on the face of the party’s pleading that the case meets the statutory requirements to be assigned to the business court.
The entitlement of a motion for adjournment must specify whether it is the first, or a later request, e. g., "Plaintiff's Request for Third Adjournment."
If the court issues an administrative order that gives interim effect to a referee's recommended order, the court must notify the parties of its interim effect by including a notice, under a separate heading, within the referee's recommended order.
A referee’s recommended order must include a notice under a separate heading when an administrative order gives the recommendation interim effect.
Court's wording
If the court issues an administrative order that gives interim effect to a referee’s recommended order, the court must notify the parties of its interim effect by including a notice, under separate heading, within the referee’s recommended order.
The FOC shall provide a report with each FOC ADR proposed consent order containing sufficient information to allow the Court to make an independent determination that the proposed order is in the child's best interest.
When the parties do not resolve some or all of the issues in a facilitative and information-gathering conference or when the FOC submits a proposed order following a joint meeting, the FOC shall submit a report containing the parties' agreed-upon and disputed facts and issues.
The consent must include (42 CFR, Sections 2.14-2.35):
The participant must be advised, orally and in writing, that federal law protects the confidentiality of treatment records.
Each party shall submit a brief summary outlining the disputed facts and issues in the case to The Resolution Center or designated mediator prior to the scheduled mediation date as directed by the mediator or The Resolution Center.
If a case is settled, the parties shall present a stipulated order or Judgment for Entry to the judge assigned to the case within twenty-one (21) days of settlement or the close of mediation.
Proposed orders must be submitted through the pilot program for exchange with the court and clerk for review and signature.
Court's wording
h. Proposed orders shall be submitted to the court in accordance with the provisions of the pilot program. The court and the clerk shall exchange the documents for review and signature pursuant to MCR 2.602(B).
iii. An e-filed document that requires a signature of a notary public is deemed signed by the notary public if, before filing, the notary public has signed a printed form of the document.
f. A pleading, document, or instrument e-filed or electronically served under this rule shall be deemed to have been signed by the judge, court clerk, attorney, party, or declarant.
ii. A document that requires a signature under the penalty of perjury is deemed signed by the declarant if, before filing, the declarant has signed a printed form of the document.
13. Records and Reports: Further, the 16th Circuit Court shall file an annual report with the Michigan Supreme Court covering the project to date by January 1 of each year (or more frequently or on another date as specified by the Court)
The order shall contain the reason for reassignment.
All Orders of Reassignment shall be on forms prepared by the Case Management Division and approved by the Chief Judge.
If the reason for reassignment is based upon an Order for Consolidation or Disqualification of a Judge, such order shall be attached to the Order of Reassignment.
An applicant seeking reimbursement for FY20 compliance planning must attach documentation of planning time.
Court's wording
An indigent criminal defense system may submit to the MIDC an estimate of the cost of developing a plan and cost analysis for implementing the plan under MCL 780.993(2). Please attach documentation of planning time for FY20, if seeking reimbursement under this provision.
Have you attached your FY20 cost analysis?
Have you attached your revised local share certification (with CPI increase)?
Did you submit a list of the attorneys providing services?
The motion and order to show cause submitted for a party more than ten days past due must require that party to appear before the court.
Court's wording
d. The office shall notify the court if a party fails to pay the amount charged and is over ten (10) days past-due by submitting a motion and order to show cause to require that party to appear before the court, so the court can take additional action in that case.
4. A record of the matters decided shall be made. The record may be a written log sheet, an audio tape, a video tape or similar informal list of the proceedings reviewed and decided. It need not be a transcription of the proceedings by a court reporter.
Any documented treatment information distributed on the basis of the treatment participant's consent should be accompanied by a Notice of Prohibition Against Redisclosure.
The Resolution Center or any mediator appointed pursuant to this plan shall provide a written report to Case Management within seven (7) days of the completion of the process, indicating who participated in the mediation, whether the case was resolved and whether further proceedings are contemplated.
Submitted By (include name, title, email address and phone number): Vicki Wolber, Deputy County Executive, Vicki.Wolber@macombgov.org 586-469-7001
If you have developed any local policies for implementing the MIDC’s Standards, please attach to this application.
Filing & Service rules
Electronic Filing Rules
All parties in Business Court cases must electronically file and serve documents through the court’s eFiling Pilot Project under Administrative Order No. 2010-6.
Electronic filing and service pursuant the 16th Circuit Court’s eFiling Pilot Project, Administrative Order No. 2010-6, will be required by all parties in the Business Court.
Civil cases
Page 4 | Technology
Participation in the electronic-filing pilot program is mandatory for pending C- and N-type cases assigned to participating circuit judges.
Participation in the pilot program shall be mandatory in all pending “C” or “N” case types assigned to participating circuit judges. as part of Phase 1 and additionally in other case types as follows: Participation shall be assigned following the filing and service of the initial complaint or other initial filing and
Page 2 | 3. Participation in the Pilot Program
All documents are presumed to be filed electronically as part of the mandatory e-filing project.
b. This is a mandatory e-filing project. It is presumed that all documents will be filed electronically.
Page 3 | 3. Participation in the Pilot Program
A self-represented party is not excused from the project solely for lacking counsel.
A self-represented party is not excused from the project merely because the individual does not have counsel.
Page 4 | 3. Participation in the Pilot Program
When a praecipe is required, it must be filed electronically with the documents requiring it unless the filer uses another court-approved mechanism.
b. Where a praecipe is required, it must be e-filed along with the documents that require the praecipe, unless another court-approved mechanism is approved and used by the filer.
Page 5 | 5. Time for Service and Filing of Pleadings, Documents, and Motions; Judge’s Copies; Hearings on Motions; Fees
A party may electronically file documents for only one case per transaction.
a. A party may only e-file documents for one case in each transaction.
Page 7 | 7. Format and Form of E-filing and Service
All e-filings must comply with MCR 1.109 and the court vendor's technical requirements.
b. All e-filings shall comply with MCR 1.109 and the technical requirements of the court’s vendor.
Page 7 | 7. Format and Form of E-filing and Service
Initiating documents for case types other than PH, PJ, PP, and VP must be filed by traditional methods rather than e-filed.
a. initiating documents for case-type codes other than PH, PJ, PP, and VP, 1
Page 7 | 8. Pleadings, Motions, and Documents not to be E-filed
Documents required to be filed under seal pursuant to court order must be filed by traditional methods rather than e-filed.
b. documents to be filed under seal (pursuant to court order).
Page 7 | 8. Pleadings, Motions, and Documents not to be E-filed
All required documents must be submitted by email to info@michiganidc.gov.
Please submit all documents via email to info@michiganidc.gov no later than April 30, 2019
Criminal cases
Page 1 | Local Share
A party demonstrating good cause may submit documents to the Clerk for electronic filing on the party's behalf.
parties that demonstrate good cause will be permitted to file their documents with the Clerk, who will then file the documents electronically.
Page 3 | 3. Participation in the Pilot Program
A self-represented party is exempt from e-filing during incarceration upon submitting proof of incarceration.
However, upon submission of proof of incarceration, a self-represented party shall be exempted from e-filing during the period of the individual’s incarceration.
Page 4 | 3. Participation in the Pilot Program
Unless otherwise directed by the Michigan Supreme Court, this pilot program, requiring parties to electronically file documents in cases assigned to participating judges, shall continue until December 31, 2012 2015.
Unless otherwise directed by the Michigan Supreme Court, this pilot program, requiring parties to electronically file documents in cases assigned to participating judges, shall continue until December 31, 2012 2015.
Electronic filings receive the same treatment as hand-delivered court filings under statutes, the Michigan Court Rules, and Local Administrative Orders.
E-filings shall be treated as if they were hand-delivered to the court for all purposes under statute, the MCR, and the LAO.
Page 4 | 4. E-filings Submission, Acceptance, and Time of Service with the Court; Signature
The court may electronically issue, file, and serve orders, judgments, and notices at its discretion.
At the court’s discretion, the court may issue, file, and serve orders, judgments, and notices as e-filings.
Page 8 | 10. Court Notices, Orders, and Judgments
Filing Timing and Cure Windows
An action adopting or objecting to the Friend of the Court's recommendation, or another specified action, must be taken within 21 days after submission of the recommendation or the original motion or petition will be dismissed.
6. [ ] ACTION (I.E. MOTION TO ADOPT/OBJECT TO RECOMMENDATION, CONSENT ORDER, ETC.) MUST BE TAKEN WITHIN 21 DAYS OF SUBMISSION OF THE FRIEND OF THE COURT'S RECOMMENDATION, OR THE ORIGINAL MOTION/PETITION WILL BE DISMISSED.
Civil cases
Page 4 | Order of Referral to the Friend of the Court for Custody/Parenting Recommendation
The joint pretrial report is due no later than seven days before the Initial Court Conference.
b. Joint Pretrial Report. The parties are jointly responsible for preparing and submitting a pretrial report no later than seven days before the Initial Court Conference unless otherwise directed by the Business Court Judge.
Civil cases
Page 3 | Initial Court Conference
An electronic filing submitted after the Clerk's 4:30 p.m. cutoff is deemed filed the next business day.
E-filings submitted after the close of normal business hours (which is currently 4:30 p.m.) shall be deemed filed on the next business day.
Page 4 | 4. E-filings Submission, Acceptance, and Time of Service with the Court; Signature
Filing and service deadlines for e-filings are governed by the applicable statutes, Michigan Court Rules, and Local Administrative Orders as if the filings were hand-delivered.
a. All times for filing and serving e-filings shall be governed by the applicable statute, the MCR and the LAO as if the e-filings were hand-delivered.
Page 5 | 5. Time for Service and Filing of Pleadings, Documents, and Motions; Judge’s Copies; Hearings on Motions; Fees
The submission deadline for all documents is April 30, 2019.
Please submit all documents via email to info@michiganidc.gov no later than April 30, 2019
Criminal cases
Page 1 | Local Share
If a party is more than ten days past due, the office must notify the court by submitting a motion and order to show cause requiring the party to appear.
d. The office shall notify the court if a party fails to pay the amount charged and is over ten (10) days past-due by submitting a motion and order to show cause to require that party to appear before the court, so the court can take additional action in that case.
Civil cases
Page 3 | Charges for Expenses
A grievance should be submitted to the ADA Coordinator as soon as possible and no later than 60 calendar days after the alleged violation.
Any grievance should be submitted to the ADA Coordinator (identified in Attachment #1) as soon as possible, but no later than 60 calendar days after the alleged violation.
Page 4 | 4. Grievance and Appeal Procedure
E-filings may be submitted around the clock except during maintenance, but the Clerk reviews and accepts them only during normal business hours.
E-filings may be submitted to the Court around the clock at any time (with the exception of periodic maintenance), but shall only be reviewed and accepted for filing by the Macomb County Clerk’s Office during normal business hours.
Page 4 | 4. E-filings Submission, Acceptance, and Time of Service with the Court; Signature
A party affected by a technical malfunction must use reasonable efforts to timely file or receive service by traditional methods and promptly notify the court and parties.
a. A party experiencing a technical malfunction with the party’s equipment (such as Portable Document Format [PDF] conversion problems or inability to access the pilot sites), another party’s equipment (such as an inoperable e-mail address), or an apparent technical malfunction of the court’s pilot equipment, software, or server shall use reasonable efforts to timely file or receive service by traditional methods and shall provide prompt notice to the court and the parties of any such malfunction.
Page 8 | 11. Technical Malfunctions
A party affected by a technical malfunction may petition the court for relief and must provide adequate proof of the malfunction and good cause for not using non-electronic filing or service.
b. If a technical malfunction has prevented a party from timely filing, responding to, or otherwise perfecting or receiving service of an e-filing, the affected party may petition the 16th Circuit Court for relief. Such petition shall contain an adequate proof of the technical malfunction and set forth good cause for failure to use non- electronic means to timely file or serve a document.
Page 8 | 11. Technical Malfunctions
The Clerk must process electronic submissions in first-in, first-out order.
The clerk shall process electronic submissions on a first-in, first-out basis.
Page 4 | 4. E-filings Submission, Acceptance, and Time of Service with the Court; Signature
Service and Proof of Service Rules
All parties in the Business Court must electronically file and serve under the 16th Circuit Court’s eFiling Pilot Project, Administrative Order No. 2010-6.
Electronic filing and service pursuant the 16th Circuit Court’s eFiling Pilot Project, Administrative Order No. 2010-6, will be required by all parties in the Business Court.
Civil cases
Page 4 | Technology
Parties must register a functional email address with the court and TrueFiling, send all service from that address, and ensure service is completed to self-represented parties, counsel, and additional registered users at their registered addresses.
a. All parties shall register with the court provide the court and opposing parties with one e-mail address with the functionality required for the pilot program. All service shall originate from and be perfected upon this registered e-mail address. All parties shall also register this e-mail address with the TrueFiling e-filing system. Additional e-mail addresses for other attorneys or staff persons associated with counsel for the party may be added as registered users. Service shall be perfected upon a self-represented party or counsel and any additional registered users associated with counsel at the e-mail addresses registered with the TrueFiling e-filing system. Each individual bears the responsibility for the accuracy of the registered e-mail address.
Page 6 | 6. Service
Unless the court and parties agree otherwise, e-filings must be emailed to all parties, and the transmittal subject line must state “Service of e-filing in case [insert caption of case].”
b. Unless otherwise agreed to by the court and the parties, all e-filings must be served electronically to the e-mail addresses of all parties. The subject matter line for the transmittal of a document served by e-mail shall state: “Service of e-filing in case [insert caption of case].”
Page 6 | 6. Service
Except as provided in subsection 6(c), e-filings must be served on parties in the same format and form submitted to the court.
d. All e-filings, subject to subsection 6(c) above, shall be served on the parties in the same format and form as submitted to the court.
Page 7 | 7. Format and Form of E-filing and Service
Amendments to initiating documents may be served electronically after initial process is served and the defendant registers as a TrueFiling user, subject to the order's restrictions.
After the initial process has been served and the defendant has registered as a user with the TrueFiling e-filing system, amendments to the initiating documents may be served electronically subject to the limitations or restrictions otherwise imposed in this order.
Page 4 | 4. E-filings Submission, Acceptance, and Time of Service with the Court; Signature
The court strongly recommends electronic service but requires service of process for initiating documents to comply with MCR 2.105.
In an effort to facilitate uniform service within the scope of this project, the Sixteenth 16th Circuit Court strongly recommends electronic service. However, service of process for initiating documents shall be made pursuant to MCR 2.105.
Page 4 | 4. E-filings Submission, Acceptance, and Time of Service with the Court; Signature
The parties and the court may agree to serve e-filings on the parties, but not the court, by facsimile or traditional means instead of e-mail service.
c. The parties and the court may agree that, instead of e-mail service, e-filings may be served to the parties (but not the court) by facsimile or by traditional means.
Page 6 | 6. Service
By stipulation and order, the parties may agree to accept service from the court by facsimile under Rule 6(c).
Pursuant to a stipulation and order, the parties may agree to accept service from the court via facsimile pursuant to the procedures set forth in Rule 6(c).
Page 8 | 10. Court Notices, Orders, and Judgments
Filing Fees and Waivers
The case evaluators' fees, including any applicable late fees, must be paid as specified in the case evaluation notice.
The case evaluators' fees, including any applicable late fees, shall be paid in the manner set forth in the case evaluation notice.
Civil cases
Page 3 | E. Payment
Applicable e-filing and service fees must be paid electronically through the Macomb County Clerk’s Office at the time and amount required by governing authority.
d. Applicable fees, including e-filing fees and service fees, shall be paid electronically through procedures established by the Macomb County Clerk’s ===== PAGE 6 ===== Office at the same time and in the same amount as required by statute, court rule, or administrative order.
Page 5 | 5. Time for Service and Filing of Pleadings, Documents, and Motions; Judge’s Copies; Hearings on Motions; Fees
Each party must pay its initial mediation fee directly to the Resolution Center or mutually selected mediator by the mediation date, although additional charges may apply and an indigent party may receive low-cost or free mediation; nonpayment that prevents mediation may be sanctioned.
The parties shall pay The Resolution Center or any mutually agreed-upon mediator their initial fee on or before the date of the mediation. This does not preclude a mediator from billing for additional time pursuant to MCR 2.410. Each party is responsible for his, her or its mediation fees. Fees shall be paid directly to The Resolution Center or any mutually selected mediator. The Resolution Center shall provide low or no cost mediation to a party who is indigent. A failure to pay the mediation fee which prevents the mediation from proceeding shall be treated as a failure to attend the mediation, and may subject the offender to sanctions.
Civil cases
Page 2 | V. Fees
An electronic filing with service is subject to an $8.00 fee.
(2) EFS (e-filing with service) $8.00
Page 6 | 5. Time for Service and Filing of Pleadings, Documents, and Motions; Judge’s Copies; Hearnings on Motions; Fees
An electronic filing without service is subject to a $5.00 fee.
(1) EFO (e-filing only) $5.00
Page 6 | 5. Time for Service and Filing of Pleadings, Documents, and Motions; Judge’s Copies; Hearings on Motions; Fees
Credit-card users may be charged an additional user fee of no more than 3 percent.
ii. Users who use credit cards for payment may also be responsible for a user fee not to exceed 3 percent.
Page 6 | 5. Time for Service and Filing of Pleadings, Documents, and Motions; Judge’s Copies; Hearings on Motions; Fees
Service without an electronic filing is subject to a $5.00 fee.
(3) SO (service only) $5.00
Page 6 | 5. Time for Service and Filing of Pleadings, Documents, and Motions; Judge’s Copies; Hearings on Motions; Fees
The Friend of the Court investigation fee is $500 for custody matters.
| $500.00 | $300.00 | $500.00 | $250.00 | $500.00 |
Civil cases
Page 4 | Order of Referral to the Friend of the Court for Custody/Parenting Recommendation
The investigation fee may be paid by cash, credit card, money order, or check made payable to the Macomb County Friend of the Court and delivered to the Investigation Unit.
*Payment in the form of cash, credit card, money order or check (made payable to "Macomb County Friend of the Court") shall be made to the Friend of the Court – Attention: Investigation Unit, 40 North Main Street, Mt. Clemens, MI 48043.
Civil cases
Page 4 | Order of Referral to the Friend of the Court for Custody/Parenting Recommendation
The order permits the Friend of the Court investigation fee to be entered as a specified amount or marked as no fee.
[ ] $_______ [ ] No Fee
Civil cases
Page 4 | Order of Referral to the Friend of the Court for Custody/Parenting Recommendation
A combined Friend of the Court investigation involving two or more issues is assessed at $500.
*Combined investigation involves two or more issues (i.e. Custody, Parenting Time).
Civil cases
Page 4 | Order of Referral to the Friend of the Court for Custody/Parenting Recommendation
Court-approved forms cost $1.00 per form.
In accordance with MCR 8.110(C)(8), the Court shall provide litigants with forms approved by the State Court Administrator at the cost of $1.00 per form.
Page 2 | 5
Court-prepared forms are provided without charge.
There will be no charge for forms prepared by the Court.
Page 2 | 5(c)
No fee is charged for forms requested by appointed court attorneys on their appointed cases or by indigent parties.
There will be no charge for forms requested by court-appointed attorneys on cases to which they have been appointed or for indigent parties.
Page 2 | 5(b)
No filing charge may be imposed for specified pro se personal protection forms or criminal post-appeal motion forms.
The Circuit Court or Clerk of the Court may not charge a fee for pro se forms for personal protection proceedings or motion forms for criminal post-appeal relief.
Page 2 | 5(d)
The District Court matter fee is generally shared equally unless the referring judge directs otherwise.
Fee to be shared equally by parties unless otherwise directed by the referring Judge.
Civil cases
Page 7 | FEE SCHEDULE — DISTRICT COURT MATTERS
Small Claims cases require a $70.00 Resolution Center fee.
Small Claims $ 70.00
Civil cases
Page 7 | FEE SCHEDULE — DISTRICT COURT MATTERS
Initiating a non-court-referred case requires a nonrefundable $25.00 fee paid by the initiating party.
$25.00 (non-refundable, paid by initiating party)
Civil cases
Page 7 | FEE SCHEDULE — ALL NON-COURT REFERRED MATTERS
Resolution Center fees are waived for indigent parties and those demonstrating inability to pay, and the Executive Director may waive any fee.
FEES WILL BE WAIVED FOR INDIGENT PARTIES AND THOSE WHO DEMONSTRATE AND INABILITY TO PAY. EXECUTIVE DIRECTOR EXERCISES THE RIGHT TO WAIVE ANY FEE.
Civil cases
Page 7 | FEE SCHEDULE
Cases referred by the Circuit Court require a $200.00 Resolution Center fee.
All cases referred by the Circuit Court: $200.00
Civil cases
Page 7 | FEE SCHEDULE — CIRCUIT & PROBATE COURT MATTERS
The Circuit Court referral fee is generally shared equally, but the alleged offender in criminal restitution matters is assessed the entire fee.
Fee to be shared equally by parties, except for criminal restitution matters in which the alleged offender will be assessed the full fee.
Civil cases
Page 7 | FEE SCHEDULE — CIRCUIT & PROBATE COURT MATTERS
A mediation fee of $25.00 is assessed to each party for non-court-referred matters.
$25.00 (assessed to each party)
Civil cases
Page 7 | FEE SCHEDULE — ALL NON-COURT REFERRED MATTERS
General civil and landlord/tenant cases require a $100.00 Resolution Center fee.
All General Civil and Landlord/Tenant cases: $100.00
Civil cases
Page 7 | FEE SCHEDULE — DISTRICT COURT MATTERS
Pursuant to MCL 600.4803(1), a 20% late fee is automatically imposed on amounts owed that are not paid within 56 days of the date the amount is owed. However, the Court may waive such fees upon the request of the person subject to the late penalty. ... The above-referenced individuals shall waive fees in the following circumstances: 1) If waiver of such fees has been court-ordered; 2) If the defendant/respondent/financially responsible party is on a written payment plan or wage assignment and makes consistent monthly payments until assessments are paid in full excluding the late fee; 3) If there is a Bankruptcy Order; 4) If the person subject to the late fee is off probation and offers to pay off his or her case in a lump sum, the above-referenced individuals may negotiate either waiving all or part of the late fee; 5) If the person subject to the late fee is deceased and there is no estate; or 6) The person subject to the late fee has performed community service in lieu of paying the late fee.
Pursuant to MCL 600.4803(1), a 20% late fee is automatically imposed on amounts owed that are not paid within 56 days of the date the amount is owed. However, the Court may waive such fees upon the request of the person subject to the late penalty. ... The above-referenced individuals shall waive fees in the following circumstances: 1) If waiver of such fees has been court-ordered; 2) If the defendant/respondent/financially responsible party is on a written payment plan or wage assignment and makes consistent monthly payments until assessments are paid in full excluding the late fee; 3) If there is a Bankruptcy Order; 4) If the person subject to the late fee is off probation and offers to pay off his or her case in a lump sum, the above-referenced individuals may negotiate either waiving all or part of the late fee; 5) If the person subject to the late fee is deceased and there is no estate; or 6) The person subject to the late fee has performed community service in lieu of paying the late fee.
Page 1 | Administrative Policy Governing Waiver of Late Fees
Courtesy Copy Requirements
Electronic submission of a motion and brief satisfies the judge’s-copy requirement, but the filing party must promptly provide a traditional copy to chambers if the Court requests it.
c. The electronic submission of a motion and brief through this pilot program satisfies the requirements of filing a judge’s copy under MCR 2.119(A)(2). Upon request by the Court, the filing party shall promptly provide a traditional judge’s copy to chambers.
Page 5 | 5. Time for Service and Filing of Pleadings, Documents, and Motions; Judge’s Copies; Hearings on Motions; Fees
Sealing & Redaction Procedures
Unless required by statute, court rule, or administrative order, an individual’s full birthdate may not be included in an e-filing; when referenced, only the permitted redacted format may be used.
iii. Dates of Birth: Except as required by statute, court rule, or administrative order, an An individual’s full birthdate shall not be included in e-filings. Subject to the above limitation, if If an individual’s date of birth is otherwisemust be referenced in an e-filing, only the year may be used and the date specified in substantially the following format: XX/XX/1998.
Page 9 | 3. Participation in the Pilot Program
Full financial account numbers may not be included in e-filings unless required by statute, court rule, or other authority; otherwise, only the last four digits in the stated format may be used.
iv. Financial Account Numbers: Full financial account numbers shall not be included in e-filings unless required by statute, court rule, or other authority. If a financial account number must be referenced in an e-filing, only the last four digits of these numbers may be used and the number specified in substantially the following format: XXXXX1234.
Page 9 | 3. Participation in the Pilot Program
Under the applicable MCR and LAO, a party may obtain a court order to file a sealed paper reference list containing both complete and redacted personal data identifiers, and the list may be amended as of right.
ii. Pursuant to and in accordance with the applicable MCR and LAO, obtain a court order to file a traditional paper reference list under seal. The reference list shall contain the complete personal data identifiers and the redacted identifiers used in the e-filing. All references in the case to the redacted identifiers included in the reference list shall be construed to refer to the corresponding ===== PAGE 10 ===== complete personal data identifiers. The reference list must be filed under seal, and may be amended as of right.
Page 10 | 3. Participation in the Pilot Program
vi. Home Addresses: With the exception of a self-represented party, full home addresses shall not be included in e-filings. If an individual’s home address must be referenced in an e-filing, only the city and state should be used.
vi. Home Addresses: With the exception of a self-represented party, full home addresses shall not be included in e-filings. If an individual’s home address must be referenced in an e-filing, only the city and state should be used.
Page 9 | 3. Participation in the Pilot Program
Full driver’s license and state-issued personal identification card numbers should not be included in e-filings; when referenced, only the last four digits in the stated format should be used.
v. Driver’s License Numbers and State-Issued Personal Identification Card Numbers: A person’s full driver’s license number and state issued personal identification number shall not be included in e-filings. If an individual’s driver’s license number or state-issued personal identification card number must be referenced in an e-filing, only the last four digits of that number should be used and the number specified in substantially the following format: X-XXXXXX-XX1-234.
Page 9 | 3. Participation in the Pilot Program
Parties should exercise caution when filing papers containing private or confidential information, including medical, employment, financial, insurance, proprietary, government-cooperation, and criminal-victim information.
c. Parties should exercise caution when filing papers that contain private or confidential information, including, but not limited to, the information covered above and listed below: i. Medical records, treatment and diagnosis; ii. Employment history; iii. Individual financial information; iv. Insurance information; v. Proprietary or trade secret information; vi. Information regarding an individual’s cooperation with the government; and, vii. Personal information regarding the victim of any criminal activity.
Page 10 | 3. Participation in the Pilot Program
A party may file a motion under the MCR and LAO to submit a traditional paper version containing complete personal data identifiers under seal, and the court may require a public e-filing that omits the complete identifier.
i. Pursuant to and in accordance with the MCR and the LAO, file a motion to file a traditional paper version of the document under seal. The court, in granting the motion to file the document under seal, may still require that an e-filing that does not reveal the complete personal data identifier be filed for the public files; or,
Page 9 | 3. Participation in the Pilot Program
Adjournment & Extension Requirements
The assigned judge or the judge’s designee must decide every adjournment request.
All requests for adjournment will be decided by the judge or his or her designee.
Page 2 | D. Adjournment Policy
Unless the Court permits otherwise, an adjournment request must be made by a verified written motion showing good cause.
Unless the Court allows otherwise, a request for an adjournment must be by verified and written motion based on good cause shown.
Page 2 | D. Adjournment Policy
Whenever a proceeding is adjourned, it must be rescheduled for a definite date and time.
At the time a proceeding is adjourned, the proceeding must be rescheduled for a specific date and time.
Page 2 | D. Adjournment Policy
An adjournment motion must identify the requesting party, state the reason, and disclose any prior adjournments and their number.
A motion for adjournment must state: 1) which party is requesting the adjournment; b) the reason for it; and c) whether other adjournments have been granted in the proceeding and, if so, the number granted.
Page 2 | D. Adjournment Policy
Granted adjournments must be classified and tracked according to the stated reason.
Adjournments granted will be classified and tracked based on the reason given.
Page 2 | D. Adjournment Policy
The Court may impose costs and conditions when granting an adjournment; unpaid costs may be demanded by the adverse party or attorney and may result in vacatur of the adjournment.
In granting an adjournment, the Court may impose costs and conditions. Costs may be taxed summarily to be paid on demand of the adverse party or the adverse party's attorney, and the adjournment may be vacated if nonpayment is shown by affidavit.
Page 3 | D. Adjournment Policy
Chambers Communication Rules
Law enforcement officers must request immediate emergency Extreme Risk Protection Orders by calling the 16th Judicial Circuit Court at 586-942-0594.
• All immediate emergency Extreme Risk Protection Order requests by law enforcement officers shall be made by calling the 16th Judicial Circuit Court immediate ERPO number at586-942-0594.
Civil cases
Page 1 | Extreme Risk Protection Immediate Emergency Ex Parte Availability Plan
A party filing an emergency motion with an initial pleading must inform the Chief Judge’s chambers when the case is not automatically assigned to the Business Court Judge.
Parties filing emergency motions with their initial pleadings in cases falling within the jurisdiction of the Business Court have a duty to inform the Chief Judge’s chambers if the case is not automatically assigned to the Business Court Judge.
Civil cases
Page 5 | Case Assignment to Judges in the Business Court
The court will provide contact information to law enforcement when an immediate emergency request is made.
• Contact information will be provided to law enforcement at the time of request.
Civil cases
Page 1 | Extreme Risk Protection Immediate Emergency Ex Parte Availability Plan
All opinions must be emailed to the State Court Administrative Office for publication on an indexed website.
All opinions shall be e-mailed to the State Court Administrative Office for publication on an indexed website.
Civil cases
Page 5 | Opinions