Judge Joseph Toia
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Summary Disposition Motion
Adjournments
- A motion may be adjourned when the filing party contacts the clerk or secretary.
- An EDSC, status, or settlement-conference adjournment may be requested by stipulation, but the order must state the reasons and new conference date, which must be obtained before submission.
- For the first request only, the court may permit a 60-day extension of Discovery and Case Evaluation Order dates by party stipulation.
- +4 more
Request must include
Communication
Phone
Court-wideDocument Format Requirements2 rules
If a jury trial, to the extent possible, have completed, typed jury instructions, including a proposed jury verdict form for the Court and all counsel (not just by jury instruction number). Simply providing jury instruction numbers is not permitted. Photocopies of completed M Civ JI’s and CJ12d’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
- •Instructions must be completed and typed
- •Each instruction must appear on a separate sheet
As this is a video courtroom, please have the proposed exhibits pre-stickered and unmarked.
- Exhibits
Formatting
- •Proposed exhibits must be pre-stickered
- •Proposed exhibits must be unmarked
Document Filing Requirements4 rules
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 completed postal verification.
- Document
- Alternative service request
Must include
- •Proposed order
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.
- Document
- Extension of summons request
Must include
- •Proposed order
A stipulation and order must be submitted to the court once a facilitation date has been obtained. Please contact the secretary or clerk to obtain a settlement conference date to be held after the facilitation. A stipulation and order submitted without a settlement conference date will be rejected.
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
Filing & Service rules
Electronic Filing Rules
After the complaint is filed with the clerk, subsequent pleadings must be filed electronically through the court’s e-filing 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 cases assigned to Judge Toia.
Electronic filing is mandatory for all cases assigned to Judge Toia.
Page 1 | e-Filing
Filing Timing and Cure Windows
Counsel must provide trial witness lists to the court and all counsel 14 days before trial, including witness presentation information and specified details for medical experts.
Fourteen days before the trial date, counsel shall supply trial witness lists to the Court and all counsel of actual and/or probable witnesses, indicating if in person or by deposition and, for medical experts, the hospital and office where the witness practices and his or her specialty.
Civil cases
Page 1 | BEFORE THE DAY OF TRIAL
A trial-day motion will not be entertained unless the filer demonstrates good cause.
Motions filed on the day of trial will not be entertained except for good cause shown.
Civil cases
Page 1 | BEFORE THE DAY OF TRIAL
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
In limine and trial motions must be submitted 14 days before trial, with responses submitted seven days before trial.
File all motions in limine and/or trial motions with the Judge and counsel 14 days before the trial date with responses to be filed with the Judge and opposing counsel 7 days before trial date.
Civil cases
Page 1 | BEFORE THE DAY OF TRIAL
Deposition objections and supporting argument must be submitted 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 to be filed with the Judge and opposing counsel 7 days before the trial date.
Civil cases
Page 1 | BEFORE THE DAY OF TRIAL
The discovery cutoff is the date stated in the order and may be extended only by court order.
All discovery, including depositions, interrogatories, medical examinations, etc., shall be cutoff by ___________________________________, unless extended by order of the Court.
Civil cases
Page 1 | Discovery
Summary disposition motions must be filed and heard by the date stated in the order.
Summary disposition motion(s) must be filed and heard by __________________________________.
Civil cases
Page 1 | Summary Disposition Motions
Unresolved deposition objections will be heard on the day of trial.
If the parties have not resolved the objections, a hearing will be heard on the day of trial.
Civil cases
Page 1 | BEFORE THE DAY OF TRIAL
In limine motions ordinarily will be heard on the trial date, but an earlier hearing may be allowed for a compelling reason.
All motions in limine will be heard on the day of trial unless a compelling reason for an earlier hearing can be demonstrated.
Civil cases
Page 1 | BEFORE THE DAY OF TRIAL
Case evaluation must occur after the discovery initiation deadline.
Case evaluation shall occur after the discovery initiation deadline in paragraph 1 of this Order.
Civil cases
Page 1 | Case Evaluation
Filing Fees and Waivers
If a Case Evaluation Hearing has been scheduled, a $150 adjournment fee must be paid 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 | Scheduling orders
When case evaluation is already scheduled, an adjournment fee must be paid before entry of the order and divided pro rata unless the parties agree otherwise or the court orders otherwise.
If case evaluation has already been scheduled, the adjournment fee must be paid prior to entry of this Order. Any such fee will be divided between the parties on a pro-rata basis unless otherwise agreed by the parties or ordered by the Court.
Civil cases
Page 1 | Stipulated Order for First Extension of Discovery and/or Case Evaluation Dates
Courtesy Copy Requirements
For summary disposition motions, counsel must call the clerk or secretary for a date and provide the judge’s copy.
Summary Disposition Motions - Mondays at 10:00AM - (Must call Clerk or Secretary for date) (Judge's copy required) - ZOOM
Page 1 | Scheduling days and times
Adjournment & Extension Requirements
Subsequent extensions of scheduling-order dates must be requested by motion and will be granted only on 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
Any additional request to extend dates must be made by motion and may be granted only by court order in the court's discretion.
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 | Additional Adjournments
A motion may be adjourned when the filing party contacts the clerk or secretary.
Motions – may be adjourned by filing party by contacting Clerk or Secretary.
Page 1 | Adjournments
For the first request only, the court may permit a 60-day extension of Discovery and Case Evaluation Order dates by party stipulation.
For the first request, Judge Toia may permit a 60-day extension of the dates set forth in the Discovery and Case Evaluation Order by stipulation of the parties (you may use this form).
Page 1 | Scheduling orders
An EDSC, status, or settlement-conference adjournment may be requested by stipulation, but the order must state the reasons and new conference date, which must be obtained before submission.
EDSC/Status/Settlement Conferences - requests for adjournments may be made by stipulation. The reason(s) for the request and a new Conference date must be stated in the order. Please obtain a new date from Judge Toia’s Clerk or Secretary – prior to submitting the Stipulated Order.
Page 1 | Adjournments
Facilitative mediation will generally be required to occur within 60 days unless good cause supports an extension.
The Court will generally require that facilitation occur within 60 days, unless good cause is shown for an extension.
Page 1 | Facilitative mediation
Any additional date extension must be requested by motion and granted only by a discretionary 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 | Additional Adjournments
Chambers Communication Rules
Motions - Wednesdays at 8:30AM (contact Secretary or Clerk for date and time)
Motions - Wednesdays at 8:30AM (contact Secretary or Clerk for date and time)
Page 1 | Scheduling days and times
The preferred method of contacting the judge’s office is by phone; email is not recommended.
The preferred method of contact is via phone; emailing is not recommended.
Page 1 | Contact information