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Court Rules
Judge Michael Servitto
Judge

Judge Michael Servitto

Individual Rules, Standing Orders & Policies

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

Limits & Logistics

Courtesy Copies

Courtesy copies

  • Not required

Proposed Exhibits

Adjournments

  • A summons-extension request will be granted only if the plaintiff demonstrates due diligence in attempting to serve the original summons.
  • The filing party may obtain an adjournment of a motion by contacting the clerk or secretary.
  • Scheduling-order and discovery-extension requests are addressed at the status conference before discovery closes, and parties should not file a stipulated order or motion for those extensions.
  • +2 more

Request must include

Reason for RequestOriginal DateProposed New Dates

Communication

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

Document Format Requirements3 rules

FormattingMandatoryCivil cases

Have proposed exhibits marked by the court reporter.

FormattingImportantCivil cases

Joint succinct statement as to what the case is about, not to exceed one paragraph.

FormattingImportantCivil cases

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.

Document Filing Requirements11 rules

Filing RequirementsMandatoryCivil cases

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.

Filing RequirementsMandatoryCivil cases

If cases or statutes are cited, a photocopy of the case or statute shall be attached.

Filing RequirementsMandatoryCivil cases

However, in Judge Servitto’s court in which video is utilized, the attorneys are responsible for marking exhibits and preparing an exhibit log.

Filing RequirementsMandatoryCivil cases

Counsel shall have stipulations for entry or stated reasons for objections.

Filing RequirementsMandatoryCivil cases

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 RequirementsMandatoryCivil cases

Prepare stipulations in writing, if any, to be placed on the record.

Filing RequirementsMandatory

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.

Document
Alternative service request

Must include

  • Proposed order
Macomb:085990ab288b076b58d55b19
|SectionPolicies and Procedures — Alternate Service
Filing RequirementsMandatory

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
Summons extension request

Must include

  • Proposed order
Macomb:085990ab288b076b58d55b19
|SectionPolicies and Procedures — Extending Summons (Second Summons)
Filing RequirementsImportantCivil cases

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).

Filing RequirementsImportantCivil cases

In jury cases, submit to the Court in writing special jury questions that counsel desire to be asked of the prospective jurors. The Court reserves the right to conduct the voir dire.

Filing RequirementsImportantCivil cases

If the parties have not resolved the objections, the parties shall contact the Judge's secretary for a hearing date regarding the deposition objections.

Filing & Service rules

Electronic Filing Rules

Electronic filing is mandatory for current e-File cases and new civil matters assigned to Judge Servitto with case types C, N, AA, AE, AP, AR, or AV.

Electronic filing is mandatory for all current e-File cases and new civil matters with “C”, “N”, “AA”, “AE”, “AP”, “AR” or “AV” case-types assigned to Judge Servitto.

Page 1 | Policies and Procedures — E-Filing

After filing a complaint in the clerk's office, subsequent pleadings must be filed electronically through the court's website at mifile.michigan.gov.

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

Page 1 | Policies and Procedures — E-Filing

Filing Timing and Cure Windows

Responses to motions in limine and trial motions must be filed with the judge and opposing counsel 38 days before trial.

File all motions in limine and/or trial motions with the Judge and counsel 45 days before trial date with responses filed with the Judge and opposing counsel 38 days before trial date.

Civil cases

Page 1 | BEFORE THE DAY OF TRIAL

At least 14 days before trial, counsel must supply sufficient copies of a witness list to the court and all counsel, identifying actual and probable witnesses, their appearance mode, and specified practice details for medical experts.

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.

Civil cases

Page 1 | BEFORE THE DAY OF TRIAL

Any deposition objections, supported by law and argument, must be submitted to the judge and opposing counsel no later than 14 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

All motions in limine and trial motions must be filed 45 days before trial, with responses filed 38 days before trial; motions filed on the trial date will be entertained only for good cause shown.

File all motions in limine and/or trial motions with the Judge and counsel 45 days before trial date with responses filed with the Judge and opposing counsel 38 days before trial date. Motions 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

A summons-extension request must be submitted before the original summons expires.

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.

Page 1 | Policies and Procedures — Extending Summons (Second Summons)

Service and Proof of Service Rules

Alternative service must be supported by reasonable efforts, including at least three 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

Courtesy Copy Requirements

Whenever practicable, exhibit copies should be furnished to the court and opposing counsel for use during trial.

Whenever practicable, copies shall be furnished to the Court and opposing counsel for use during the trial.

Civil cases

Page 1 | BEFORE THE DAY OF TRIAL

Judge Servitto does not require courtesy copies of any type of motion.

Judge Michael Servitto DOES NOT require courtesy copies of any type of motion.

Page 1 | Scheduling dates and times — Civil Cases

Adjournment & Extension Requirements

A summons-extension request will be granted only if the plaintiff demonstrates due diligence in attempting to serve 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)

Status/Settlement Conferences - requests for adjournments may be made by stipulation. The reason(s) for the request, the date to be adjourned and a new date must be stated in the order. Please obtain a new date from the Clerk or Secretary.

Status/Settlement Conferences - requests for adjournments may be made by stipulation. The reason(s) for the request, the date to be adjourned and a new date must be stated in the order. Please obtain a new date from the Clerk or Secretary.

Page 1 | Policies and Procedures — Adjournments

Criminal-matter adjournment requests should be directed to the clerk or secretary.

Criminal matters – Contact Clerk or Secretary.

Page 1 | Policies and Procedures — Adjournments

Scheduling-order and discovery-extension requests are addressed at the status conference before discovery closes, and parties should not file a stipulated order or motion for those extensions.

Judge Servitto will address scheduling order date and discovery extension requests at the Status Conference scheduled prior to the close of discovery. Please do not file a stipulated order or a motion for discovery extensions.

Page 1 | Policies and Procedures — Scheduling Orders

The filing party may obtain an adjournment of a motion by contacting the clerk or secretary.

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

Page 1 | Policies and Procedures — Adjournments

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 Michael Servitto

Judge Michael E. Servitto graduated from Warren De La Salle Collegiate High School. He received a BA in Political Science from Michigan State University, and graduated Magna Cum Laude from Michigan State University-Detroit College of Law. During law school, he was a member of King Scholars Program, and was elected Note and Comment Editor of the Law Review. Judge Servitto began his legal career as Clerk in the Tort Defense Division of the Michigan Attorney General’s Office. He also worked as a Law Clerk for Judge Mark Switalski and for the Warren City Attorney. Judge Servitto worked for the Macomb County Prosecutor's Office from 2003 to 2016 as principal trial attorney and also served as Chief of the Cold Case Unit and Chief of the District Court. He received the Most Outstanding Young Lawyer Award from the Macomb Bar Association, and was a Mount Clemens Planning Board Commissioner.

Macomb County Court Building, 40 N. Main St, 4th Floor, Mount Clemens, MI 48043, Telephone: (586) 469-5149 Position: Name: Number Secretary: Amanda Elsey amanda.elsey@macombgov.org: (586) 469-5149 Clerk: Anna Orow: (586) 469-5360 Court Reporter: Video Courtroom, Before March 1st, 2026: Mary Cimini, After March 1st, 2026: Amanda Elsey: marytcimini@gmail.com, elseytranscription@gmail.com Court Officer: Terae Young: (586) 469-5355

Common questions about Judge Michael Servitto's rules

Are courtesy copies required for Judge Michael Servitto?

Courtesy-copy rule applies for proposed exhibits. Whenever practicable, exhibit copies should be furnished to the court and opposing counsel for use during trial.

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

What must be included with trial brief filings before Judge Michael Servitto?

The rule requires legal argument and statement of facts. On the trial date, parties must submit a trial brief containing a brief statement of facts, the issues, the theory of the case, and a memorandum of law.

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

What must be included with witness list filings before Judge Michael Servitto?

Each witness list must identify actual and probable witnesses, indicate whether each will appear in person or by deposition, and identify a medical expert's hospital, office, and specialty.

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

How do I request an adjournment or extension before Judge Michael Servitto?

A summons-extension request will be granted only if the plaintiff demonstrates due diligence in attempting to serve the original summons.

View ruleSource: page 1, section Policies and Procedures — Extending Summons (Second Summons)

Are filing fees or waivers addressed before Judge Michael Servitto?

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

Is electronic filing required before Judge Michael Servitto?

Yes. Electronic filing is required for the covered filings. Electronic filing is mandatory for current e-File cases and new civil matters assigned to Judge Servitto with case types C, N, AA, AE, AP, AR, or AV.

View ruleSource: page 1, section Policies and Procedures — E-Filing

What filing deadlines does Judge Michael Servitto set?

All motions in limine and trial motions must be filed 45 days before trial, with responses filed 38 days before trial; motions filed on the trial date will be entertained only for good cause shown.

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

What rule applies to service for alternative service request before Judge Michael Servitto?

Alternative service must be supported by reasonable efforts, including at least three service attempts and postal verification.

View ruleSource: page 1, section Policies and Procedures — Alternate Service
Complete rules summary for Judge Michael Servitto

On the trial date, parties must submit a trial brief containing a brief statement of facts, the issues, the theory of the case, and a memorandum of law.

Each witness list must identify actual and probable witnesses, indicate whether each will appear in person or by deposition, and identify a medical expert's hospital, office, and specialty.

All motions in limine and trial motions must be filed 45 days before trial, with responses filed 38 days before trial; motions filed on the trial date will be entertained only for good cause shown.

If the parties have not resolved deposition objections, they must contact the judge's secretary to obtain a hearing date.

Any deposition objections, supported by law and argument, must be submitted to the judge and opposing counsel no later than 14 days before trial.

Deposition objections filed on the trial date will not be entertained unless good cause is shown.

Have proposed exhibits marked by the court reporter.

When Judge Servitto’s court uses video, attorneys—not the court reporter—must mark proposed exhibits and prepare an exhibit log.

Whenever practicable, exhibit copies should be furnished to the court and opposing counsel for use during trial.

Counsel must provide a stipulation for entry for each proposed exhibit or state reasons for objecting to its admission.

Any case or statute cited in the trial brief must be accompanied by a photocopy.

Any stipulations offered for placement on the trial record must be prepared in writing.

For a jury trial, provide the Court and all counsel with completed, typed jury instructions and a proposed jury verdict form, to the extent possible.

At the trial judge's discretion, photocopies of completed SJIs are acceptable if all blanks are completed and alternatives selected, and each instruction must appear on a separate sheet.

In jury cases, counsel must submit proposed special juror questions in writing, while the court reserves control of voir dire.

The parties must provide a joint statement succinctly describing the case and limiting it to no more than one paragraph.

Responses to motions in limine and trial motions must be filed with the judge and opposing counsel 38 days before trial.

At least 14 days before trial, counsel must supply sufficient copies of a witness list to the court and all counsel, identifying actual and probable witnesses, their appearance mode, and specified practice details for medical experts.

Judge Servitto does not require courtesy copies of any type of motion.

An alternative-service request must include a verified motion, proposed order, process-server affidavit documenting at least three service attempts, and postal verification.

Alternative service must be supported by reasonable efforts, including at least three service attempts and postal verification.

A request to extend service of summons must include a motion and proposed order and be submitted before the original summons expires.

A summons-extension request must be submitted before the original summons expires.

A summons-extension request will be granted only if the plaintiff demonstrates due diligence in attempting to serve the original summons.

The filing party may obtain an adjournment of a motion by contacting the clerk or secretary.

Scheduling-order and discovery-extension requests are addressed at the status conference before discovery closes, and parties should not file a stipulated order or motion for those extensions.

Status/Settlement Conferences - requests for adjournments may be made by stipulation. The reason(s) for the request, the date to be adjourned and a new date must be stated in the order. Please obtain a new date from the Clerk or Secretary.

When a case-evaluation hearing is already scheduled, the parties must pay a $150 adjournment fee before submitting the order for entry.

Electronic filing is mandatory for current e-File cases and new civil matters assigned to Judge Servitto with case types C, N, AA, AE, AP, AR, or AV.

After filing a complaint in the clerk's office, subsequent pleadings must be filed electronically through the court's website at mifile.michigan.gov.

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