Judge Kathryn A. Viviano
Individual Rules, Standing Orders & Policies
- Rules last changed:
Adjournments
- Any additional request to extend dates must be made by motion and will be granted only by court order in the court's discretion.
- Any additional request to extend case dates must be made by motion and may be granted only by court order in the court's discretion.
- A summons-extension request must be submitted with a motion and proposed order before the original summons expires and will be granted only if the plaintiff demonstrates due diligence in attempting service.
- +3 more
Request must include
Communication
Phone
Court-wideDocument Format Requirements3 rules
Each instruction shall be on a separate sheet.
Mark proposed exhibits with exhibit stickers (do not number the exhibits).
- Proposed exhibit
Formatting
- •Mark proposed exhibits with exhibit stickers
- •Do not number the exhibits
At the discretion of the trial judge, photocopies of SJI's are acceptable provided that blank spaces are completed and any alternatives in the instructions are chosen.
- Jury instructions
Formatting
- •Blank spaces must be completed
- •Any alternatives in the instructions must be chosen
Document Filing Requirements14 rules
An alternate-service request must include a proposed order.
- Document
- Alternate service request
Must include
- •Proposed order
Court's wording
Requests for alternate service must be accompanied by a verified motion, proposed order, an affidavit of the process server showing reasonable efforts to make service of process, and a postal verification.
Requests to extend the summons must be accompanied by a motion and proposed order and must be submitted prior to expiration of the original summons.
- Document
- Summons extension request
Must include
- •Proposed order
The joint pretrial report must address the parties' claims and supporting facts, discovery, disclosure issues, relevant case law, issues ready for motion or other resolution, settlement and ADR status and barriers, counsel's technology and remote-participation capabilities, client location and appearance ability, and whether a court-appointed expert would assist resolution.
Court's wording
Contents include: i. Description of claims and defenses, including the facts that constitute them, not just the labels. ii. Anticipated discovery and timetable for completion. iii. Issues with initial disclosures (if any). iv. Case law the parties would like the judge to consider. v. Issues the parties believe are ready for resolution and issues the disclosing party believes are likely to be resolved by motion. vi. Prior settlement discussions and current status; existence of arbitration and mediation agreements, if any; ADR possibilities considered and proposed; and barriers to resolution, financial or otherwise. vii. Technological capabilities of counsel to eFile, ability to participate in teleconferences or other electronic communications with the Court, and the location of clients and their ability to appear for court conferences. viii. Whether a court-appointed expert would assist resolution.
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:
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.
If a cross-claim, counterclaim, third-party complaint, amendment, or any other modification of the action includes a business or commercial dispute, 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.
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.
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
Objections must be presented to the Court in writing with citations of authority in support of the party’s position.
Fourteen days before trial date, supply trial 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.
If a jury trial, to the extent possible, have completed, typed jury instructions, including proposed jury verdict form for the Court and all counsel (not just by jury instruction number).
Have stipulations for entry of exhibits or stated reasons for objections prepared.
Prepare stipulations in writing, if any, to be placed on the record.
If cases or statutes are cited, a photocopy of the case or statute shall be attached.
Filing & Service rules
Electronic Filing Rules
Electronic filing is mandatory for all cases assigned to Judge Viviano, and subsequent pleadings must be filed through the Court’s e-filing website after the complaint is filed in the Clerk’s Office.
Electronic filing is mandatory for all cases assigned to Judge Viviano. 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
All Business Court parties must electronically file and serve documents under the 16th Circuit Court's eFiling Pilot Project and 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.
Page 4 | 6. Technology
Filing Timing and Cure Windows
Absent a contrary direction from the Business Court Judge, 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.
Page 3 | 5. Docket Management
Depositions intended for trial use must be purged at least 14 days before trial or all objections will be deemed waived.
All depositions intended for use at trial shall be purged at least 14 days prior to trial or all objections shall be deemed waived.
Civil cases
Page 1 | BEFORE THE DAY OF TRIAL
Motions in limine and trial motions must be filed and scheduled at least 28 days before trial or will be deemed waived.
Motions in Limine and/or trial motions shall be filed and scheduled at least 28 days prior to trial or deemed waived.
Civil cases
Page 1 | BEFORE THE DAY OF TRIAL
Motions filed on the trial date will not be heard unless good cause is shown.
Motions on the day of trial will not be heard except for good cause shown.
Civil cases
Page 1 | BEFORE THE DAY OF TRIAL
Deposition objections filed on the day of trial will not be heard.
Objections to depositions filed on the day of trial will not be heard.
Civil cases
Page 1 | BEFORE THE DAY OF TRIAL
Service and Proof of Service Rules
An alternate-service request must include a verified motion, proposed order, process-server affidavit describing reasonable service efforts, and postal verification.
Requests for alternate service must be accompanied by a verified motion, proposed order, an affidavit of the process server showing reasonable efforts to make service of process, and a postal verification.
Page 1 | Policies and procedures — Alternate service
All Business Court parties must provide service electronically under the 16th Circuit Court's eFiling Pilot Project and 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.
Page 4 | 6. Technology
Copies of proposed exhibits must be furnished to both the court and opposing counsel.
Furnish copies of proposed exhibits to the Court and opposing counsel.
Civil cases
Page 1 | BEFORE THE DAY OF TRIAL
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
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 | Policies and procedures — Scheduling orders
An adjournment request may be made by motion or stipulation, must state the grounds and proposed new date, and will be granted only upon a showing of good cause.
Requests for adjournments may be made by motion or stipulation and will only be granted upon a showing of good cause. The grounds for the request and a proposed new date must be stated in the motion or proposed order.
Page 1 | Policies and procedures — Adjournments
A summons-extension request must be submitted with a motion and proposed order before the original summons expires and will be granted only if the plaintiff demonstrates due diligence in attempting service.
Requests to extend the summons must be accompanied by a motion and proposed order and must be submitted prior to 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
Any additional request to extend dates must be made by motion and will 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 | STIPULATED ORDER FOR FIRST EXTENSION OF DISCOVERY AND/OR CASE EVALUATION DATES
Any additional request to extend case 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
The first request to extend Discovery and Case Evaluation Order dates may be granted as a 60-day extension by stipulation using the specified form.
For the first request, Judge Viviano will permit a 60-day extension of the dates set forth in the Discovery and Case Evaluation Order by stipulation of the parties (you must use this form).
Page 1 | Policies and procedures — Scheduling orders
Chambers Communication Rules
A party filing an emergency motion with an initial pleading in a Business Court case must notify the Chief Judge's chambers if the case has not been 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.
Page 4 | 8. Initial Pleadings
If counsel cannot resolve deposition objections, they must contact the court clerk or secretary to arrange a pretrial appearance.
If the attorneys cannot amicably resolve objections, contact the Court’s clerk or secretary to set up a time prior to trial to appear before the Court.
Civil cases
Page 1 | BEFORE THE DAY OF TRIAL
Counsel may contact the court clerk or secretary to arrange a special scheduling time for motions in limine or trial motions.
Motions in Limine and/or trial motions can be scheduled at special times to accommodate counsel. Contact this Court’s clerk or secretary to schedule special time.
Civil cases
Page 1 | BEFORE THE DAY OF TRIAL