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Court Rules
Judge James M. Maceroni
Judge

Judge James M. Maceroni

Individual Rules, Standing Orders & Policies

Rules last changed:
Sixteenth Judicial Circuit Court of Michigan, Macomb County

Adjournments

  • Criminal-matter adjournment requests should be made by contacting the clerk.
  • A filing party may request an adjournment of a motion by contacting the clerk.
  • Adjournment requests for EDSC, status, and settlement conferences may be made by contacting Judge Maceroni’s secretary; approval requires a stipulated order stating the reasons, date to be adjourned, and new date.
  • +4 more

Request must include

Reason for RequestProposed New Dates

Communication

Phone
Court-wide
586-942-0594
Emergencies
Filters:

Document Filing Requirements9 rules

Filing RequirementsMandatoryCivil cases

Seven (7) days before trial date submit a Trial Brief containing a brief statement of facts, issues, theory of case and memorandum of law.

Filing RequirementsMandatoryCivil cases

Fourteen (14) days before trial date, supply witness lists in sufficient number for the Court and 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.

Filing RequirementsMandatoryCivil cases

A list of exhibits with corresponding exhibit numbers or letters shall be provided to the Court on the day of trial.

Filing RequirementsMandatoryCivil cases

If a jury trial, have completed, typed jury instructions for the Court and all counsel. Each instruction must be on a separate sheet.

Filing RequirementsMandatoryCivil cases

Have all witnesses available for trial.

Filing RequirementsMandatoryCivil cases

Objections to depositions must be submitted with supporting law and argument no later than 14 days before trial, with responses due 7 days before trial.

Court's wording

If depositions have objections therein, the parties shall submit to the Judge and opposing counsel no later than fourteen (14) days before trial date the objections with supporting law including argument, with responses filed with the Judge and opposing counsel seven (7) days before the trial date.

Filing RequirementsMandatoryCivil cases

Be present with client(s) and any other person(s) necessary to effect the disposition of the matter.

Filing RequirementsImportantCivil cases

All counsel must meet prior to trial to exchange and review proposed exhibits. Agreed upon exhibits shall be marked in any manner agreeable to counsel.

Filing RequirementsImportantCivil cases

Counsel may conduct voir dire only as to juror qualifications, bias, and similar matters; case-specific questions are prohibited, and later questions are limited to newly seated jurors.

Court's wording

The Court allows counsel to conduct voir dire, limited to questions regarding a jurors qualifications to sit as a juror, potential bias, etc. Questions specific to the case are not allowed. Questions after the first juror is removed either for cause or for a peremptory shall be limited to the new seated juror/jurors.

Filing & Service rules

Electronic Filing Rules

After a complaint is filed in the Clerk’s Office, subsequent pleadings must be filed electronically through the Court’s eFiling website.

After a complaint is filed in the Clerk’s Office, subsequent pleadings must be filed electronically on the Court’s eFiling website:  https://mifile.courts.michigan.gov/.

Page 1 | e-Filing

Electronic filing is mandatory for all current e-File cases assigned to Judge Maceroni.

Electronic filing is mandatory for all current e-File cases assigned to Judge Maceroni.

Page 1 | e-Filing

Filing Timing and Cure Windows

The trial brief must be submitted 7 days before the trial date.

Seven (7) days before trial date submit a Trial Brief containing a brief statement of facts, issues, theory of case and memorandum of law.

Civil cases

Page 1 | BEFORE THE DAY OF TRIAL

Motions filed on the day of trial will not be entertained.

Motions on the day of trial will not be entertained.

Civil cases

Page 1 | BEFORE THE DAY OF TRIAL

Counsel must file motions in limine concerning objected-to exhibits at least 14 days before trial.

Counsel must file motions in limine as to exhibits for which there is an objection at least fourteen (14) days prior to trial.

Civil cases

Page 1 | BEFORE THE DAY OF TRIAL

All motions in limine and trial motions must be filed 14 days before trial, with responses filed 7 days before the hearing date.

File all motions in limine and/or trial motions with the Judge and counsel fourteen (14) days before trial with responses filed with the Judge and opposing counsel seven (7) days before the hearing date.

Civil cases

Page 1 | BEFORE THE DAY OF TRIAL

Deposition objections must be submitted to the judge and opposing counsel no later than 14 days before the trial date.

If depositions have objections therein, the parties shall submit to the Judge and opposing counsel no later than fourteen (14) days before trial date the objections with supporting law including argument, with responses filed with the Judge and opposing counsel seven (7) days before the trial date.

Civil cases

Page 1 | BEFORE THE DAY OF TRIAL

Witness lists must be supplied 14 days before the trial date.

Fourteen (14) days before trial date, supply witness lists in sufficient number for the Court and 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

Deposition objections filed on the day of trial will not be entertained.

Objections to depositions filed on the day of trial will not be entertained.

Civil cases

Page 1 | BEFORE THE DAY OF TRIAL

Counsel are expected to resolve anticipated evidentiary and other trial disputes before trial, with unresolved matters heard through a pretrial motion in limine.

Counsel is expected to attempt to resolve prior to trial any expected disagreements regarding the introduction of evidence or any other matter. If these matters cannot be resolved they shall be heard prior to trial via a motion in limine.

Civil cases

Page 1 | BEFORE THE DAY OF TRIAL

Service and Proof of Service Rules

A summons-extension request must include a motion and proposed order, be submitted before the original summons expires, and show due diligence by the plaintiff in attempting service.

Requests to extend the summons must be accompanied by a motion and proposed order and must be submitted prior to the expiration of the original summons. Such requests will only be granted upon a showing of due diligence by plaintiff in attempting to serve the original summons.

Page 1 | Policies and procedures — Extending summons (Second Summons)

Alternative-service requests must include a verified motion, proposed order, process-server affidavit documenting at least three reasonable service attempts, and postal verification.

Requests for alternative service must be accompanied by a verified motion, proposed order, an affidavit of the process server showing reasonable efforts (at least 3 attempts) to make service of process and a postal verification.

Page 1 | Policies and procedures — Alternate service

Filing Fees and Waivers

When a Case Evaluation Hearing is already scheduled, the parties must pay a $150 adjournment fee before submitting the order for entry.

If a Case Evaluation Hearing has already been scheduled, the parties must pay the $150 adjournment fee prior to submitting the order for entry.

Page 1 | Policies and procedures — Scheduling orders

Adjournment & Extension Requirements

Facilitative mediation must occur within 60 days unless the party seeking an extension shows good cause.

The Court requires that facilitation occur within 60 days, unless good cause is shown for an extension.

Page 1 | Policies and procedures — Facilitative mediation

Subsequent scheduling-order extension requests must be made 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 | Policies and procedures — Scheduling orders

A filing party may request an adjournment of a motion by contacting the clerk.

Motions – may be adjourned by filing party by contacting Clerk.

Page 1 | Policies and procedures — Adjournments

For the first scheduling-order extension request, the court permits a 60-day or 90-day extension by stipulation of the parties.

For the first request, Judge Maceroni will permit a 60-day or 90-day extension of the dates set forth in the Discovery and Case Evaluation Order by stipulation of the parties.

Page 1 | Policies and procedures — Scheduling orders

Criminal-matter adjournment requests should be made by contacting the clerk.

Criminal matters – Contact Clerk.

Page 1 | Policies and procedures — Adjournments

Adjournment requests for EDSC, status, and settlement conferences may be made by contacting Judge Maceroni’s secretary; approval requires a stipulated order stating the reasons, date to be adjourned, and new date.

EDSC/Status/Settlement Conferences - requests for adjournments may be made by contacting Judge Maceroni’s secretary. If approved, a stipulated order stating the reason(s) for the request, the date to be adjourned and a new date must be stated in the order.

Page 1 | Policies and procedures — Adjournments

Any additional request to extend discovery or case-evaluation dates must be made by motion and may be granted only by court order.

Any additional request to extend dates must be made by motion, and shall only be granted by order in the discretion of the Court.

Civil cases

Page 1 | Stipulated Order for First Extension of Discovery and/or Case Evaluation Dates

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

Counsel intending to use media equipment at trial must contact the judge’s secretary before trial to test compatibility with the court’s equipment.

In order to ensure the Court’s media equipment is compatible, Counsel must contact the Judge’s secretary before the day of trial to test any media equipment counsel intends to use throughout trial.

Civil cases

Page 1 | ON THE DAY OF TRIAL

Court-wide rules

Applies court-wide

These 125 rules apply across Sixteenth Judicial Circuit Court of Michigan, Macomb County. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Filing Requirements

All 35
  • Applies to
    Motion to show cause
    Must include
    proposed order

    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.

  • Applies to
    Referee recommended order

    An administrative order giving interim effect to a referee’s recommendation must include a notice to the parties under a separate heading in the recommended order.

  • Applies to
    Referee recommended order

    An administrative order giving interim effect to a referee’s recommendation must include a notice to the parties under a separate heading in the recommended order.

Fees

All 24
  • Applies to
    Friend of court investigation

    The order permits the Friend of the Court investigation fee to be entered as a specified amount or marked as no fee.

  • Applies to
    Friend of court investigation fee

    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.

  • Applies to
    Combined friend of court investigation

    A combined Friend of the Court investigation involving two or more issues is assessed at $500.

E-Filing

All 15
  • 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.

  • Initiating documents for case types other than PH, PJ, PP, and VP must be filed by traditional methods rather than e-filed.

  • Documents required to be filed under seal pursuant to court order must be filed by traditional methods rather than e-filed.

Formatting

All 14
  • The notice should be printed in 12-point-or-larger boldface type.

  • The interim-effect notice must appear within the referee’s recommended order under a separate heading.

  • The notice should be printed in 12-point-or-larger boldface type.

About Judge James M. Maceroni

Judge James M. Maceroni graduated from Michigan State University with a Bachelor of Arts degree in 1996. He then received his Juris Doctorate from Wayne State University in 2000. Judge Maceroni was elected to the Circuit Court bench in November 2014. Prior to his election, Judge Maceroni was in private practice, specializing in Criminal and Family Law. He served on the Macomb County Charter Commission, helping to restructure Macomb County’s government. Additionally, Judge Maceroni has served on the Board of Directors of the Macomb County Bar Association; as Chair of the Macomb County Bar Association’s Criminal Law Committee; and on the Board of Directors of Lakeshore Legal Aid. He was the proud recipient of the Macomb County Bar Association’s Distinguished Public Service Award, 2010-2011.

Macomb County Court Building, 40 N. Main Street, 4th Floor, Mount Clemens, MI 48043 Zoom Meeting ID: 473 288 5306 Position: Name: Number Secretary: Natalie Tango: (586) 469-5822 Clerk: Avery Maslowski: (586) 469-5843 Court Officer: Richard Mueller: (586) 469-5855

Common questions about Judge James M. Maceroni's rules

What must be included with trial appearance filings before Judge James M. Maceroni?

Counsel and clients, together with any other necessary persons, must be present at trial to effect disposition of the matter.

View ruleSource: page 1, section ON THE DAY OF TRIAL

What must be included with deposition objections filings before Judge James M. Maceroni?

Objections to depositions must be submitted with supporting law and argument no later than 14 days before trial, with responses due 7 days before trial.

View ruleSource: page 1, section BEFORE THE DAY OF TRIAL

How may parties contact Judge James M. Maceroni's chambers?

If deposition objections remain unresolved, the parties must contact the judge’s secretary to obtain a hearing date.

View ruleSource: page 1, section BEFORE THE DAY OF TRIAL

How do I request an adjournment or extension before Judge James M. Maceroni?

Criminal-matter adjournment requests should be made by contacting the clerk.

View ruleSource: page 1, section Policies and procedures — Adjournments

Is electronic filing required before Judge James M. Maceroni?

Yes. Electronic filing is required for the covered filings. Electronic filing is mandatory for all current e-File cases assigned to Judge Maceroni.

View ruleSource: page 1, section e-Filing

Are filing fees or waivers addressed before Judge James M. Maceroni?

A fee is required for covered filings. When a Case Evaluation Hearing is already scheduled, the parties must pay a $150 adjournment fee before submitting the order for entry.

View ruleSource: page 1, section Policies and procedures — Scheduling orders

What filing deadlines apply to motion in limine and trial motion filings before Judge James M. Maceroni?

All motions in limine and trial motions must be filed 14 days before trial, with responses filed 7 days before the hearing date.

View ruleSource: page 1, section BEFORE THE DAY OF TRIAL

What rule applies to service for process before Judge James M. Maceroni?

Alternative-service requests must include a verified motion, proposed order, process-server affidavit documenting at least three reasonable service attempts, and postal verification.

View ruleSource: page 1, section Policies and procedures — Alternate service
Complete rules summary for Judge James M. Maceroni

Criminal-matter adjournment requests should be made by contacting the clerk.

Electronic filing is mandatory for all current e-File cases assigned to Judge Maceroni.

After a complaint is filed in the Clerk’s Office, subsequent pleadings must be filed electronically through the Court’s eFiling website.

Alternative-service requests must include a verified motion, proposed order, process-server affidavit documenting at least three reasonable service attempts, and postal verification.

A summons-extension request must include a motion and proposed order, be submitted before the original summons expires, and show due diligence by the plaintiff in attempting service.

A filing party may request an adjournment of a motion by contacting the clerk.

Adjournment requests for EDSC, status, and settlement conferences may be made by contacting Judge Maceroni’s secretary; approval requires a stipulated order stating the reasons, date to be adjourned, and new date.

For the first scheduling-order extension request, the court permits a 60-day or 90-day extension by stipulation of the parties.

Subsequent scheduling-order extension requests must be made by motion and will be granted only upon a showing of good cause.

When a Case Evaluation Hearing is already scheduled, the parties must pay a $150 adjournment fee before submitting the order for entry.

Facilitative mediation must occur within 60 days unless the party seeking an extension shows good cause.

Any additional request to extend discovery or case-evaluation dates must be made by motion and may be granted only by court order.

Counsel and clients, together with any other necessary persons, must be present at trial to effect disposition of the matter.

All motions in limine and trial motions must be filed 14 days before trial, with responses filed 7 days before the hearing date.

Motions filed on the day of trial will not be entertained.

Objections to depositions must be submitted with supporting law and argument no later than 14 days before trial, with responses due 7 days before trial.

Deposition objections must be submitted to the judge and opposing counsel no later than 14 days before the trial date.

Counsel must file motions in limine concerning objected-to exhibits at least 14 days before trial.

Counsel are expected to resolve anticipated evidentiary and other trial disputes before trial, with unresolved matters heard through a pretrial motion in limine.

Witness lists identifying actual or probable witnesses must be supplied to the court and all counsel 14 days before trial, including attendance modality and specified information for medical experts.

Witness lists must be supplied 14 days before the trial date.

If deposition objections remain unresolved, the parties must contact the judge’s secretary to obtain a hearing date.

Deposition objections filed on the day of trial will not be entertained.

Counsel must meet before trial to exchange and review proposed exhibits, and agreed-upon exhibits must be marked as counsel agrees.

A list of exhibits with corresponding exhibit numbers or letters must be provided to the court on the day of trial.

A trial brief containing a statement of facts, issues, theory of the case, and memorandum of law must be submitted 7 days before trial.

The trial brief must be submitted 7 days before the trial date.

Counsel may conduct voir dire only as to juror qualifications, bias, and similar matters; case-specific questions are prohibited, and later questions are limited to newly seated jurors.

For a jury trial, counsel must provide completed typed jury instructions to the court and all counsel, with each instruction on a separate sheet.

Counsel intending to use media equipment at trial must contact the judge’s secretary before trial to test compatibility with the court’s equipment.

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