Judge Matthew P. Sabaugh
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Exhibits
Pleadings
Adjournments
- Any criminal adjournment after the second must be stipulated by the APA and the attorney of record at least 48 hours before the hearing.
- A request to excuse a party from a final settlement conference must be made 48 hours before the conference.
Communication
Phone
Court-wideDocument Format Requirements4 rules
All blank spaces must be completed and if there are any alternatives in the instructions, one must be selected, and the unused option(s) deleted. Each instruction must be on a separate sheet.
- Jury instructions
Formatting
- •Complete all blank spaces
- •Select one alternative when alternatives are included
- •Delete all unused alternatives
Joint succinct statement as to what the case is about, not to exceed one paragraph.
- Joint statement
Formatting
- •The joint succinct statement must not exceed one paragraph
E-filed motions in limine must be numbered.
E-filed exhibits must be appropriately tabbed.
Document Filing Requirements16 rules
Within seven (7) days of completion of mediation, the mediator shall submit a report to the Court stating the date of completion of the process, who participated in the mediation, whether a settlement was reached, and whether further ADR proceedings are contemplated.
If the case is settled through mediation, the attorneys shall submit an order of dismissal within twenty-one (21) days of the date the settlement was reached.
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.
Fourteen 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.
In NON-JURY cases, the Trial Brief shall include proposed findings of fact and conclusions of law.
In a criminal trial, counsel must prepare 15 copies of the Chapter 2 M Crim JI, including all the elements of the crime as required by M Crim JI 2.3(3).
All stipulations shall be in writing and placed on the record.
If cases or statutes are cited, a photocopy of the case or statute shall be attached.
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.
In a civil case, counsel must prepare 9 copies of the Chapter 2 M Civ JI, including the nature of plaintiff’s claim and the elements of all civil claims (including definitions of legal terms), legal presumptions, and burdens of proof as required by M Civ JI 2.02.
In jury cases, submit to the Court in writing special jury questions that counsel desire to be asked of the prospective jurors.
The Court's trial procedures are contained in its Trial Procedure Order which is issued when a case is scheduled for Trial.
Counsel to prepare a stipulated order that states the number of the adjournment in the title.
Requests to submit a case to facilitative mediation under MCR 2.410 and 2.411 may be made by stipulation and order. This order must be used: Order Regarding Facilitative Mediation.
If the parties have not resolved the objections, the parties shall contact the Judge's secretary for a hearing date regarding the deposition objections.
For jury trials, 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).
Filing & Service rules
Filing Timing and Cure Windows
Responses must be filed with the Judge and opposing counsel 7 days before the trial date.
with responses filed with the Judge and opposing counsel 7 days before the trial date.
Page 1 | BEFORE THE DAY OF TRIAL
Witness lists must be supplied to the court and all counsel fourteen days before trial.
Fourteen 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.
Page 1 | BEFORE THE DAY OF TRIAL
The trial brief must be submitted at least seven days before trial.
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.
Page 1 | BEFORE THE DAY OF TRIAL
In limine and trial motions must be scheduled to permit responses to be filed with the judge and opposing counsel at least seven days before the scheduled date.
All motions in limine and trial motions are to be scheduled to allow for responses filed with the Judge and opposing counsel no less than 7 days before set date.
Page 1 | BEFORE THE DAY OF TRIAL
Deposition objections must be submitted to the judge and opposing counsel no later than fourteen 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.
Page 1 | BEFORE THE DAY OF TRIAL
Deposition objections filed on the day of trial will not be entertained absent a showing of good cause.
Objections to depositions filed on the day of trial will not be entertained except for good cause shown.
Page 1 | BEFORE THE DAY OF TRIAL
Motions submitted on the day of trial will not be entertained absent a showing of good cause.
Motions on the day of trial will not be entertained except for good cause shown.
Page 1 | BEFORE THE DAY OF TRIAL
Service and Proof of Service Rules
If a settlement is resolved and dismissal is entered before a settlement conference, appearances are unnecessary, but attorneys must notify the court of settlement before the scheduled conference.
If a matter is resolved and an order of dismissal is entered before the conference date, the attorneys and parties need not appear for the conference. Attorneys must notify court of settlement prior to a scheduled settlement conference.
Page 1 | Civil cases
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 $150.00 adjournment fee prior to submitting the order for entry.
Page 1 | Scheduling orders
Courtesy Copy Requirements
A judge’s copy of any pleading filed while a civil trial is in progress is required.
**NOTE: A JUDGE’S COPY IS REQUIRED FOR ANY PLEADINGS FILED WHILE THE TRIAL IS IN PROGRESS**
Page 1 | Civil cases
Whenever practicable, copies of trial exhibits must be furnished to the court and opposing counsel.
Whenever practicable, copies of exhibits shall be furnished to the Court and opposing counsel for use during the trial.
Page 1 | BEFORE THE DAY OF TRIAL
Adjournment & Extension Requirements
Any request after the first to extend scheduling-order dates 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 | Scheduling orders
Any criminal adjournment after the second must be stipulated by the APA and the attorney of record at least 48 hours before the hearing.
CRIMINAL ADJOURNMENTS: Any adjournment after the second must be stipulated to between the APA and the attorney of record 48 hours prior to the scheduled hearing. Please contact the clerk for further questions regarding this procedure.
Page 1 | Criminal cases
Facilitation generally must 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
A request to excuse a party from a final settlement conference must be made 48 hours before the conference.
A request to excuse a party's attendance must be requested 48 hours before the conference date.
Page 1 | Civil cases
For the first request, the court permits a stipulated extension of up to 60 days for dates in the Discovery and Case Evaluation Order.
For the first request, Judge Sabaugh will permit up to 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
A criminal hearing requiring an interpreter must be held in person.
**Note: Any criminal hearing that requires an interpreter must be in person.
Page 1 | Criminal cases
Civil hearings are conducted remotely by Zoom unless the schedule states otherwise.
All civil hearings, unless otherwise noted below, will be remote by Zoom.
Page 1 | Civil cases