Judge Richard L. Caretti
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Motion, Brief, Exhibits, Response, Reply
- 1 copy • Chambers Drop Off
Adjournments
- The first request for an extension of Discovery and Case Evaluation Order dates may receive a 90-day extension by stipulation.
- For a second extension request, the court may allow 60 days, but the order must state the reason and provide the extension dates.
- An adjournment request may be made by stipulation, requires good cause, and must state the grounds and proposed new date in the proposed order.
Request must include
Communication
Phone
Court-wideDocument Format Requirements2 rules
For jury trials, counsel should provide completed, typed instructions and a proposed verdict form, with all blanks completed, one alternative selected, unused alternatives deleted, and each instruction on a separate sheet.
- Jury instructions
Formatting
- •Instructions must be typed
- •All blank spaces must be completed
Court's wording
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). 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.
a joint succinct statement as to what the case is about, not to exceed one paragraph
Document Filing Requirements10 rules
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).
a joint list of witnesses to be called at trial.
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.
Counsel must prepare a joint succinct statement as to what the case is about, not to exceed one paragraph
Stipulated order must contain reason for adjournment, number of adjournment, amount of days being adjourned and a list of the new dates.
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.
- Document
- Alternate service request
Must include
- •Proposed order
A summons-extension request must include a motion and proposed order, be submitted before the original summons expires, and show the plaintiff’s due diligence.
- Document
- Summons extension request
Must include
- •Proposed order
Court's wording
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.
Following the Court's ruling on a motion the parties, will need to submit an order via MI File no later than 4:30 p.m. the same day or via stipulated order or via 7 day order.
Prepare stipulations in writing, if any, to be placed on the record.
Counsel may submit a Trial Brief containing a brief statement of facts, issues and their theory of the case.
Filing & Service rules
Electronic Filing Rules
After a motion ruling, an order may be submitted through MI File by 4:30 p.m. the same day, through a stipulated order, or through a seven-day order.
Following the Court's ruling on a motion the parties, will need to submit an order via MI File no later than 4:30 p.m. the same day or via stipulated order or via 7 day order.
Page 1 | Policies and procedures — Motions
Filing Timing and Cure Windows
Seven days before trial, counsel must provide sufficient copies of witness lists identifying all actual or probable witnesses and whether their testimony will be live or by deposition.
Seven days before the trial date, counsel must supply witness lists in sufficient number for the Court and all counsel, listing all actual and/or probable witnesses, and indicating if testimony will be in person or by deposition.
Page 1 | BEFORE THE DAY OF TRIAL
Motions filed on the trial date will not be entertained unless good cause is shown.
Motions filed on the day of trial will not be entertained except for good cause shown.
Page 1 | BEFORE THE DAY OF TRIAL
A response to a motion in limine or trial motion must be filed with the judge and opposing counsel 7 days after the motion's filing date.
Responses filed with the Judge and opposing counsel 7 days after the filing date.
Page 1 | BEFORE THE DAY OF TRIAL
All motions in limine and trial motions must be filed at least 14 days before trial, with responses due 7 days after the filing date.
File all motions in limine and/or trial motions with the Judge and counsel at least 14 days before the trial date with responses filed with the Judge and opposing counsel 7 days after the filing date.
Page 1 | BEFORE THE DAY OF TRIAL
The order submitted after a motion ruling is due no later than 4:30 p.m. the same day when submitted through MI File.
Following the Court's ruling on a motion the parties, will need to submit an order via MI File no later than 4:30 p.m. the same day or via stipulated order or via 7 day order.
Page 1 | Policies and procedures — Motions
Filing Fees and Waivers
If a Case Evaluation Hearing is already 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 | Policies and procedures — Scheduling orders
Courtesy Copy Requirements
One paper courtesy copy of any motion, brief, accompanying exhibits, response, or reply must be submitted directly to the judge’s chamber, with exhibits appropriately tabbed.
Judge Caretti requires one courtesy copy of any motion and brief and all accompanying exhibits, as well as responses and replies, be submitted directly to the judge's chamber in paper format. Any exhibits must be appropriately tabbed.
Page 1 | Policies and procedures — Motions
Adjournment & Extension Requirements
An adjournment request may be made by stipulation, requires good cause, and must state the grounds and proposed new date in the proposed order.
Requests for adjournments may be made by 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 proposed order.
Page 1 | Policies and procedures — Adjournments
For a second extension request, the court may allow 60 days, but the order must state the reason and provide the extension dates.
For the second request, Judge Caretti may allow 60 days and the Order must state the reason and give dates of the extensions.
Page 1 | Policies and procedures — Scheduling orders
The first request for an extension of Discovery and Case Evaluation Order dates may receive a 90-day extension by stipulation.
For the first request, Judge Caretti will permit a 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
Chambers Communication Rules
All motions must be adjourned or dismissed by telephone call to the clerk no later than Friday at 4:00 p.m. before the hearing date.
ALL MOTIONS ARE TO BE ADJOURNED AND/OR DISMISSED VIA PHONE CALL TO CLERK NO LATER THAN THE FRIDAY 4 p.m. PRIOR TO THE MOTION HEARING DATE.
Page 1 | Policies and procedures — Motions