Judge James M. Biernat Jr.
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Summary Disposition Motion, Motion in Limine, Response
Adjournments
- Adjournment requests may be made by motion or stipulation, require good cause, and must be submitted at least seven days before the hearing.
Communication
Phone
Court-wideDocument Format Requirements1 rule
At the discretion of the trial Judge, photocopies of completed SJI's are acceptable provided that blank spaces are completed and any alternatives in the instructions are chosen. Each instruction shall be on a separate sheet.
- Jury instructions
Formatting
- •Photocopies of completed SJI's are acceptable only at the trial judge's discretion
Document Filing Requirements11 rules
Requests to extend the summons must be accompanied by a verified motion, proposed order, and an affidavit of the process server showing reasonable efforts to make service of process, and postal verification.
- Document
- Summons extension request
Must include
- •Proposed order
Requests for alternate service must be accompanied by a verified motion, proposed order, an affidavit of the process server showing three attempts of service of process and a postal verification.
- Document
- Alternate service request
Must include
- •Proposed order
If a jury trial, have completed, typed jury instructions, including proposed jury verdict form for the Court and all counsel (not just by jury instruction number).
At Least 7 Days Prior to Trial, SUBMIT A TRIAL BRIEF CONTAINING A BRIEF STATEMENT OF FACTS, ISSUES, THEORY OF CASE AND MEMORANDUM OF LAW.
- Document
- Trial brief
Include
- •Legal argument
- •Statement of facts
Counsel shall have stipulations for entry or stated reasons for objections of proposed exhibits.
At Least 7 Days Prior to Trial, SUBMIT A TRIAL BRIEF CONTAINING A BRIEF STATEMENT OF FACTS, ISSUES, THEORY OF CASE AND MEMORANDUM OF LAW. If cases or statutes are cited, a photocopy of the case or statute shall be attached. All stipulations shall be in writing and placed on the record. In NON- JURY cases, the Trial Brief shall include proposed findings of fact and conclusions of law.
- Document
- Trial brief
Must include
- •Legal argument
- •Statement of facts
has successfully completed the requirements for admission to practice (Candidate) law in the State of Michigan and attaches a certificate of the State Board of law Examiners.
Provide Judge's secretary with a list of witnesses and exhibits.
- Document
- Witness and exhibit list
Include
- •A list of witnesses and exhibits
In jury cases, submit to the Court in writing special jury questions that counsel desire to be asked of the prospective jurors.
Joint succinct statement as to what the case is about, not to exceed one paragraph.
Please fill out this form.
Filing & Service rules
Electronic Filing Rules
Criminal-proceeding adjournments require prosecutor stipulation, and the resulting order must be submitted electronically.
Adjournments of all criminal proceedings must be stipulated to by the Prosecutor and the order must be submitted via e-filing.
Page 1 | Adjournments
Beginning January 1, 2026, bond violations and bond documentation must be submitted through TrueFiling for electronic service, and email or fax submissions will not be accepted.
As of January 1st, 2026, the court will only be accepting bond violations/bond documentation via true-filing for e-service only. Emails and faxes will no longer be accepted.
Page 1 | Scheduling days and times
Filing Timing and Cure Windows
The signed MOU must be submitted to the assigned judge's clerk after the plea and no later than the sentencing date.
Submit the signed MOU to the assigned judge's clerk after the plea and on or before the date of sentencing.
Criminal cases · Court notice
Page 1 | HOW TO APPLY FOR A TRANSFER OF JURISDICTION (MOU) IN MACOMB COUNTY
Deposition objections filed on the trial date will not be entertained unless good cause is shown.
Objections to depositions filed on the day of trial will not be entertained except for good cause shown.
Civil cases
Page 1 | BEFORE THE DAY OF TRIAL
Fourteen days before trial, counsel must provide sufficient witness lists identifying actual and probable witnesses, their appearance mode, and medical-expert practice details and specialty.
Fourteen days before trial date, supply witness lists in sufficient number for all counsel of actual and/or probable witnesses, indicating if in person or by deposition and, if medical experts, the hospital and office where the witness practices and his or her specialty.
Civil cases
Page 1 | BEFORE THE DAY OF TRIAL
All motions, including motions in limine, must be filed 14 days before trial and heard seven days before trial on the regular Monday motion call, absent good cause for a different timing.
All motions (including Motions in Limine) are to be filed 14 days prior to the trial date and heard 7 days prior to the trial date, on a Monday with the Court's regular motion call. Motions on the day of trial or the day before the trial will not be entertained except for good cause shown.
Civil cases
Page 1 | BEFORE THE DAY OF TRIAL
Deposition objections with supporting law and argument must be submitted at least 14 days before trial, with responses due seven days before trial.
If depositions have objections therein, the parties shall submit to the Judge and opposing counsel no later than 14 days before trial date, the objections with supporting law including argument, with responses filed with the Judge and opposing counsel 7 days before the trial date.
Civil cases
Page 1 | BEFORE THE DAY OF TRIAL
Courtesy Copy Requirements
Judge's copies are required for summary disposition motions, motions in limine, and responses to those motions.
Judge only requires Judge's copies of motions for summary disposition and motions in limine and any responses associated with these Motions.
Page 1 | Civil cases
The required Judge's copies may be delivered by mail or by hand delivery.
Copies must either be mailed or hand delivered.
Page 1 | Civil cases
Email copies of the required Judge's copies are not accepted.
Email copies are not accepted.
Page 1 | Civil cases
Adjournment & Extension Requirements
Subsequent extensions of scheduling-order dates must be requested by motion and will be granted only upon a showing of good cause.
Any subsequent requests to extend the scheduling order dates must be made by motion and only will be granted upon a showing of good cause.
Page 1 | Scheduling orders
Criminal and civil trial adjournments must be requested by motion.
Adjournment of criminal and civil trials must be made by motion.
Page 1 | Adjournments
Adjournment requests may be made by motion or stipulation, require good cause, and must be submitted at least seven days before the hearing.
Requests for adjournments may be made by motion or by stipulation and will only be granted upon showing of good cause and must be made at least 7 days prior to the hearing.
Page 1 | Adjournments
For the first request, the court permits a 60-day extension of Discovery and Case Evaluation Order dates by party stipulation.
For the first request, Judge Biernat, Jr. will permit a 60 day extension of the dates set forth in the Discovery and Case Evaluation Order by stipulation of the parties.
Page 1 | Scheduling orders
Chambers Communication Rules
If deposition objections remain unresolved, the parties must contact the judge's secretary to obtain a hearing date.
If the parties have not resolved the objections, the parties shall contact the Judge's secretary for a hearing date regarding the deposition objections.
Civil cases
Page 1 | BEFORE THE DAY OF TRIAL