Judge Maureen H. Kinsella
Individual Rules, Standing Orders & Policies
Adjournments
- The Court may consider stipulations and proposed orders stating good cause to adjourn Scheduling Order dates.
- An attorney with a deadline conflict may request an adjournment of the filing deadline or motion hearing date.
- The Court will consider stipulations and proposed orders to adjourn Scheduling Order dates when they state good cause.
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Request must include
Communication
Document Filing Requirements19 rules
If parties are self-represented, the Court requires all parties to appear to place proofs on the record.
Motions for Summary Disposition must be filed with a Notice of Hearing which indicates that the date/time is “to be determined by the Court.”
The Court will take statutory proofs via Zoom if the Court has been provided with a proposed judgment of divorce and ancillary documents, 48 hours prior to the proofs being offered.
- Document
- Statutory proofs
Include
- •Proposed order
If filing an ex parte motion, parties shall refer to and comply with MCR 3.207.
Praecipes are required for motions to be addressed by the Court.
If the parties are requesting a 21-day order for return of judgment, the Court must be provided with a signed settlement agreement, or a mediation audio recording at least 48 hours in advance of the Court proceeding with the statutory proofs.
If the opposing party is not connected to the e-file system, an email address must be provided in the caption.
- Placement
- Caption
If default judgment is sought, the party must comply with MCR 2.603 and MCR 3.210, including but not limited to, the filing of a separate non-military affidavit.
If the parties are requesting a 21-day order for return of judgment, the Court must be provided with a signed settlement agreement, or a mediation audio recording at least 48 hours in advance of the Court proceeding with the statutory proofs.
The Court will take statutory proofs via Zoom if the Court has been provided with a proposed judgment of divorce and ancillary documents, 48 hours prior to the proofs being offered.
- Document
- Statutory proofs by Zoom
Include
- •Proposed order
If default judgment is sought, the party must comply with MCR 2.603 and MCR 3.210, including but not limited to, the filing of a separate non-military affidavit.
If the opposing party is not connected to the e-file system, an email address must be provided in the caption.
- Placement
- Caption
Motions for Summary Disposition must be filed with a Notice of Hearing which indicates that the date/time is “to be determined by the Court.”
Motions for order to show cause are governed by MCR 3.606, which relates to contempt proceedings and is distinct from general motion practice under MCR 2.119.
A party may praecipe a motion 3 times. However, the Court may dismiss the motion without prejudice after a 3rd praecipe.
Parties should refer to MCR 3.606, pertinent statutes, and relevant case law prior to filing a motion to show cause.
If an emergency-labeled motion filed with a hearing notice or praecipe is dismissed, the Court may dismiss those items and require refiling for a Wednesday motion hearing.
Court's wording
If a motion is labeled as an emergency and is it is filed with a notice of hearing and/or praecipe, if the motion is dismissed, the Court may exercise its discretion to dismiss the notice of hearing and/or praecipe and require the party to file their motion anew for a Wednesday the Court is hearing motions.
Prior to labeling and filing an emergency motion, parties shall consider the definition of emergency: an exigent circumstance in which immediate assistance is needed because someone is in danger.
Non-represented contemnors will be appointed an attorney.
Filing & Service rules
Electronic Filing Rules
Stipulations and proposed orders must be e-filed in domestic matters and emailed to juvenile legal in juvenile matters.
In domestic matters, stipulations and proposed orders must be e-filed. In juvenile matters, stipulations and proposed orders must be emailed to juvenile legal (juvenilelegal@oaklandcountymi.gov).
Page 1 | Notice Regarding Motion Call Times
Trial briefs and exhibits must be submitted electronically according to the scheduling orders.
Trial briefs and exhibits shall be submitted to the Court electronically in compliance with its scheduling orders.
Page 1 | Notice Regarding Motion Call Times
Stipulations and proposed orders in juvenile matters must be emailed to juvenile legal.
In juvenile matters, stipulations and proposed orders must be emailed to juvenile legal (juvenilelegal@oakgov.com).
Page 1 | Adjournment Requests
Stipulations and proposed orders in domestic matters must be e-filed.
In domestic matters, stipulations and proposed orders must be e-filed.
Page 1 | Adjournment Requests
Trial briefs and exhibits must be submitted electronically as required by the scheduling orders.
Trial briefs and exhibits shall be submitted to the Court electronically in compliance with its scheduling orders.
Page 2 | Divorce & Domestic Relations Matters
Parties must review the e-filed Zoom hearing notice upon receipt for the hearing date and time.
A notice re: Zoom hearing will be e-filed by the Court with a specific date and time for your hearing. It is your responsibility to review this information upon receipt through the e-file system.
Page 1 | Notice Regarding Motion Call Times
Filing Timing and Cure Windows
Responses are not considered if received after noon Monday; when Monday is a court holiday, they must be submitted by 4:30 p.m. Friday.
If a response is not received by Monday at 12:00 p.m. (noon), the Court will not consider it. If Monday is a court holiday, responses must be submitted to the Court on Friday by 4:30 p.m.
Page 1 | Motion practice rules apply
After entry of a 21-day ROJOD order, parties must submit signed final documents by noon the preceding day or appear on the hearing/return date.
If a 21-day Return of Judgment of Divorce (ROJOD) Order is entered, parties shall submit signed final documents by 12:00 p.m. (noon) the day before or appear at the hearing/Return of Judgment date.
Page 1 | Notice Regarding Motion Call Times
After entry of a 21-day ROJOD order, parties must submit signed final documents by noon the day before or appear on the hearing/return date.
If a 21-day Return of Judgment of Divorce (ROJOD) Order is entered, parties shall submit signed final documents by 12:00 p.m. (noon) the day before or appear at the hearing/Return of Judgment date.
Page 1 | Divorce & Domestic Relations Matters
The Court will not consider a response received after Monday at noon.
If a response is not received by Monday at 12:00 p.m. (noon), the Court will not consider it.
Page 2 | Non-Emergency Motions on Domestic Cases
When Monday is a court holiday, responses must be submitted by Friday at 4:30 p.m.
If Monday is a court holiday, responses must be submitted to the Court on Friday by 4:30 p.m.
Page 2 | Non-Emergency Motions on Domestic Cases
Service and Proof of Service Rules
Parties not connected to the e-file system must timely file a separate proof of service or the motion will be dismissed for improper service.
If parties are not connected to the e-file system, a separate proof of service must be timely filed, or the motion will be dismissed for improper service.
Page 1 | Motion practice rules apply
If parties are not connected to the e-file system, a separate proof of service must be timely filed or the motion will be dismissed for improper service.
If parties are not connected to the e-file system, a separate proof of service must be timely filed, or the motion will be dismissed for improper service.
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Sealing & Redaction Procedures
For confidential exhibits, the moving party must state in the motion that they are excluded from the public file and provided to chambers and the responding party, and email copies to chambers with the staff attorney copied.
If a party has any confidential exhibits, the moving party shall write in their motion that the exhibit is not being placed in the public court file and instead is being provided directly to chambers and the responding party. The moving party shall email a copy of those proposed exhibits to chambers and copy the staff attorney.
Page 1 | Motion practice rules apply
For confidential exhibits, the motion must state that the exhibits are excluded from the public file and provided directly to chambers and the responding party.
If a party has any confidential exhibits, the moving party shall write in their motion that the exhibit is not being placed in the public court file and instead is being provided directly to chambers and the responding party.
Page 2 | Non-Emergency Motions on Domestic Cases
Pre-Motion Conference Requirements
The Court may dismiss a motion if the moving party fails to attend the pre-motion conference.
Failure for the moving party to attend this pre-motion conference may result in the Court issuing an order dismissing the motion.
Page 1 | Motion practice rules apply
Motions regarding custody, parenting time, and support are referred to the Friend of the Court for a pre-motion conference.
All motions regarding custody, parenting time, and support will be referred to the Friend of the Court for a pre-motion conference.
Page 1 | Motion practice rules apply
If the conference does not resolve the matter and the moving party wants a hearing before the Judge, the moving party must submit a re-praecipe and re-notice identifying the requested Wednesday.
If the matter is not resolved and settled by agreement of the parties at the pre-motion conference with Friend of the Court, and the moving party wants the motion to be heard by the Judge, the moving party MUST submit a re-praecipe and file a re-notice of hearing identifying the Wednesday on which you want the motion heard by Judge Kinsella.
Page 1 | Motion practice rules apply
Before filing any motion, attorneys must comply with Local Rule 2.119(B) and make reasonable, diligent personal-contact efforts to seek opposing counsel’s concurrence.
Prior to filing any motion, attorneys must comply with Local Rule 2.119(B) and make reasonable and diligent attempts to make personal contact with opposing counsel and request concurrence in the relief sought.
Page 1 | Motion practice rules apply
Before filing any motion, attorneys must comply with Local Rule 2.119(B), make reasonable and diligent personal-contact attempts, and request concurrence.
Prior to filing any motion, attorneys must comply with Local Rule 2.119(B) and make reasonable and diligent attempts to make personal contact with opposing counsel and request concurrence in the relief sought.
Page 2 | Non-Emergency Motions on Domestic Cases
If the matter is not resolved at the Friend of the Court conference and the moving party seeks a hearing before the Judge, the moving party must submit a re-praecipe and file a re-notice identifying the requested Wednesday.
If the matter is not resolved and settled by agreement of the parties at the pre-motion conference with Friend of the Court, and the moving party wants the motion to be heard by the Judge, the moving party MUST submit a re- praecipe and file a re-notice of hearing identifying the Wednesday on which you want the motion heard by Judge Kinsella.
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Motions regarding custody, parenting time, and support are referred to the Friend of the Court for a pre-motion conference.
All motions regarding custody, parenting time, and support will be referred to the Friend of the Court for a pre-motion conference.
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Motions for Reconsideration will be decided without oral argument unless the Court directs otherwise.
Motions for Reconsideration will be decided without oral argument unless otherwise directed.
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Unless defective, motions for show cause or contempt will be scheduled for a hearing, typically on the first available Wednesday afternoon.
Unless defective, the Court will schedule motions for show cause/contempt hearings, typically on the first available Wednesday afternoon.
Page 3 | Motions for Order to Show Cause
Motions for order to show cause are governed by MCR 3.606 rather than the general motion-practice rule, MCR 2.119.
Motions for order to show cause are governed by MCR 3.606, which relates to contempt proceedings and is distinct from general motion practice under MCR 2.119.
Page 3 | Motions for Order to Show Cause
Parties and attorneys are expected to appear, and all shall indicate their unavailability if necessary.
Parties and attorneys are expected to appear, and all shall indicate their unavailability if necessary.
Page 3 | Motions for Order to Show Cause
A moving party’s failure to attend the pre-motion conference may result in dismissal of the motion.
Failure for the moving party to attend this pre- motion conference may result in the Court issuing an order dismissing the motion.
Page 3
Before filing a motion to show cause, parties should consult MCR 3.606, pertinent statutes, and relevant case law.
Parties should refer to MCR 3.606, pertinent statutes, and relevant case law prior to filing a motion to show cause.
Page 3 | Motions for Order to Show Cause
The Court will issue a Scheduling Order shortly after the Motion for Summary Disposition is filed with its Notice of Hearing.
A Scheduling Order will issue shortly thereafter.
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The Court may waive oral argument.
The Court may waive oral argument.
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Adjournment & Extension Requirements
The Court may consider stipulations and proposed orders stating good cause to adjourn Scheduling Order dates.
The Court will accept for its consideration stipulations and proposed orders with good cause stated for adjournment of Scheduling Order dates.
Page 1 | Notice Regarding Motion Call Times
An attorney with a deadline conflict may request an adjournment of the filing deadline or motion hearing date.
If an attorney has a conflict with the deadlines, they may request an adjournment of the filing deadline or motion hearing date.
Page 1 | Motion practice rules apply
The Court will consider stipulations and proposed orders to adjourn Scheduling Order dates when they state good cause.
The Court will accept for its consideration stipulations and proposed orders with good cause stated for adjournment of Scheduling Order dates.
Page 1 | Adjournment Requests
An attorney with a deadline conflict may request an adjournment of the filing deadline or motion hearing date.
If an attorney has a conflict with the deadlines, they may request an adjournment of the filing deadline or motion hearing date.
Page 2 | Non-Emergency Motions on Domestic Cases
An attorney with an unresolvable conflict should contact the Court or seek an adjournment before the scheduled hearing.
If an attorney has a conflict that cannot be resolved, the attorney should contact the Court or seek an adjournment in advance of their scheduled hearing.
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Chambers Communication Rules
To facilitate a timely decision, parties must email a copy of the motion and any proposed order to chambers and copy the staff attorney.
Because it can take half a day for filings to be added to the court file, parties shall e-mail a copy of their motion and any proposed order to chambers (kinsellachambers@oaklandcountymi.gov) and copy the staff attorney (mcintyrel@oaklandcountymi.gov) to ensure a timely decision from the Court.
Page 1 | Notice Regarding Motion Call Times
A copy of a Motion for Reconsideration or Motion for Summary Disposition must also be emailed to the Staff Attorney.
In addition to filing your Motion for Reconsideration or Motion for Summary Disposition, please e-mail a copy to the Staff Attorney at mcintyrel@oaklandcountymi.gov.
Page 1 | Motion practice rules apply
The moving party must email proposed confidential exhibits to chambers and copy the staff attorney.
The moving party shall email a copy of those proposed exhibits to chambers and copy the staff attorney.
Page 2 | Non-Emergency Motions on Domestic Cases
To help ensure timely decisions given filing delays, parties must email the motion and proposed order to chambers and copy the staff attorney.
Because it can take half a day for filings to be added to the court file, parties shall e-mail a copy of their motion and any proposed order to chambers (kinsellachambers@oakgov.com) and copy the staff attorney (mcintyrel@oakgov.com) to ensure a timely decision from the Court.
Page 2 | Ex Parte/Emergency Motions
Contact chambers as soon as possible for an interpreter; fewer than seven days’ notice may result in an adjournment.
Should you need a foreign language interpreter or sign language interpreter, please contact chambers as soon as possible. Failure to provide at least seven (7) days' notice may result in an adjournment.
Page 1 | Notice Regarding Motion Call Times
A copy of a Motion for Reconsideration or Motion for Summary Disposition should also be emailed to the Staff Attorney.
In addition to filing your Motion for Reconsideration or Motion for Summary Disposition, please e-mail a copy to the Staff Attorney at mcintyrel@oakgov.com.
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Attorneys are expected to have only one court appearance by Zoom at a time.
Attorneys are expected to only have one court appearance via Zoom at a time.
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Parties and attorneys should expect the Friend of the Court or the Court to contact them with the conference time and date.
Parties/attorneys should anticipate contact from the Friend of the Court or the Court with a time and date for that pre-motion conference.
Page 1 | Motion practice rules apply
Parties and attorneys should expect the Friend of the Court or the Court to contact them with the conference date and time.
P arties/attorneys should anticipate contact from the Friend of the Court or the Court with a time and date for that pre-motion conference.
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