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Court Rules
Judge

Judge Adel A. Harb

Individual Rules, Standing Orders & Policies

Third Judicial Circuit Court of Michigan

Limits & Logistics

Document Limits

Brief
20 pgs
Exhibits
100 pgs

Courtesy Copies

Courtesy copies

  • Email • Upon Filing

Opposition

  • Email • Upon Filing

Reconsideration Motions

  • Email • Upon Filing

Adjournments

  • Track One cases may be adjourned to Track Two by mutual stipulation; all other adjournment requests require a motion.
  • Trial dates will not be adjourned without a motion and a showing of good cause.
  • *Requests should be made at least 1 week in advance* Parties should contact the Court by email at least 1 week in advance. All of the parties must concur with the proposed adjourned date.
  • +1 more

Request must include

Proposed New Dates

Communication

Email

Chambers

deborah.royal@3rdcc.org
Scheduling
Email

Chambers

jennifer.swanson@3rdcc.org
Email

Chambers

Scheduling
Filters:

Page & Word Limits2 rules

Page LimitsMandatoryCivil cases

Exhibits are limited to 100 pages. Court permission must be obtained for exhibits exceeding 100 pages.

Exhibits
Up to 100 pages
Wayne:af2f0bfa1437cacca12c8078
|SectionMotions for Summary Disposition
Page LimitsMandatoryCivil cases

Parties must adhere to the page limits outlined in MCR 2.116(G) and MCR 2.119(A)(2)(a): Attorneys must obtain Court approval to file any motion and brief or response and brief over 20 pages. Reply briefs are limited to 5 pages.

Brief for attorneys
Up to 20 pages
Reply brief for attorneys
Up to 5 pages
Wayne:af2f0bfa1437cacca12c8078
|SectionMotions for Summary Disposition

Document Filing Requirements4 rules

Filing RequirementsMandatoryCivil cases

Parties must attach - Motion and Brief- directing this Court to specific errors supported by the Transcript. - Lower Court transcript or Motions and Orders Appealed. - Proof that the transcript was ordered upon filing, if required.

Filing RequirementsMandatoryCivil cases

Default judgment motions must include relevant documents and an affidavit of a person with knowledge of the facts and circumstances surrounding the relief requested.

Court's wording

Motions must include any relevant documents and an Affidavit of a person with knowledge of the facts and circumstances surrounding the relief requested. For example: a Breach of Contract case should include the Contract and an Affidavit stating the balanced owed; a Personal Injury case should include medical records, bills and an Affidavit of the injured party outlining the injuries.

Wayne:af2f0bfa1437cacca12c8078
|SectionMotions for Default Judgment
Filing RequirementsMandatoryCivil cases

Motions to Adjourn: Must include a copy of the scheduling order and list all relevant dates (including the filing date) in the body of the Motion.

Wayne:af2f0bfa1437cacca12c8078
|SectionMotion Practice: General
Filing RequirementsNoteCivil cases

In no-fault cases, the Defendant should submit a Request to Produce for signed medical authorizations at the time of filing the Answer.

Court's wording

At the time of filing the Answer, Defendant should submit a Request to Produce directed to the Plaintiff requesting signed Medical Authorizations for all medical providers known to the Plaintiff relating to the claims identified in the Complaint. (See MCR 2.314)

Filing & Service rules

Electronic Filing Rules

The courtroom is completely electronic: email copies of all motions, responses, and pre-trial orders to chambers and do not mail hard copies.

THIS IS A COMPLETELY ELECTRONIC COURTROOM. Email a copy of all Motions, Responses, Pre-Trial Orders, etc. to JudgeHarb-Court@3rdcc.org . Include case number and date of hearing in the subject line of all communication. DO NOT MAIL HARD COPIES TO COURTROOM

Civil cases

Page 1 | REMOTE PROTOCOL

Filing Timing and Cure Windows

For summary disposition motions, file the Praecipe with a requested date 30+ days out on Monday-Thursday at 10:00 a.m.; call the Court if you do not receive a scheduling order.

Please file your motion. When it appears in the Register of Actions, file the Praecipe with your requested date 30+ days out Mon-Thu @ 10:00 a.m. After receiving your processed praecipe, call the Court if you have not also received a scheduling order.

Civil cases

Page 1 | Motions for Summary Disposition

All summary disposition motions must be filed before case evaluation; if case evaluation is waived, the deadline is the last day of the month in which case evaluation would have occurred on Track 2.

NOTE THAT ALL SUMMARY DISPOSITION MOTIONS MUST BE FILED PRIOR TO THE CASE EVALUATION. If Case Evaluation is waived, the deadline for filing MSD is the last day of the month in which Case Evaluation would have occurred on Track 2.

Civil cases

Page 1 | Motions for Summary Disposition

Motions in limine must be e-filed no less than 3 weeks before the pre-trial and are heard on the pre-trial date.

All Motions in Limine shall be e-filed to this Court no less than 3 weeks before the date of the Pre-Trial, and will be heard on the date of the Pre-Trial.

Civil cases

Page 1 | Motions in Limine

The lower court transcript must be electronically filed within 56 days; failure to timely file results in dismissal of the appeal.

Within 56 days the lower court transcript must be submitted to counsel by the Court Reporter and electronically filed with the Clerk's Office and JudgeHarb-Court@3rdcc.org . - Failure to timely file a transcript will result in dismissal of the appeal

Civil cases

Page 1 | Appeals

Reply briefs for motions in limine are due 3 business days before the pre-trial.

Reply Briefs will be due 3 business days before the Pre-Trial.

Civil cases

Page 1 | Motions in Limine

Response briefs for motions in limine are due 1 week before the pre-trial.

Response Briefs will be due 1 week before the Pre-Trial.

Civil cases

Page 1 | Motions in Limine

Responses to motions are due 3 days before the scheduled hearing.

Responses are due 3 days ahead of schedule (Ex: Monday before Thursday hearing)

Civil cases

Page 1 | Motion Practice: General

E-file the motion, file the Praecipe with a requested date once it appears in the Register of Actions, and only notice the hearing after receiving the processed Praecipe; do not file proposed orders until after the hearing.

Please e-file your Motion. When the Motion appears in the Register of Actions, file the Praecipe with your requested date. If the requested date is available we will honor it, if your requested date is not available, we assign the next available date and time. You may Notice the Hearing after you receive the processed Praecipe with the actual date and time for the requested hearing. Please do not file the Notice of Hearing until you receive the processed Praecipe. Please do not file the proposed Orders until after your Hearing.

Civil cases

Page 1 | Motion Practice: General

A Praecipe must be submitted for reconsideration motions to set a control date, choosing any Friday date 30 days in the future.

You must submit a Praecipe however so that the Clerk can set a control date. Give your Praecipe any Friday date, 30 days in future.

Civil cases

Page 1 | Motions for Rehearing or Reconsideration

All Motions in Limine are to be heard two weeks before Trial at the Final Settlement Conference

All Motions in Limine are to be heard two weeks before Trial at the Final Settlement Conference

Civil cases

Page 1 | Trial

Courtesy Copy Requirements

Submit a Judge Copy to chambers upon filing with only the exhibits necessary to the claims, not full deposition transcripts or insurance contracts.

Submit a "Judge Copy" to JudgeHarb-Court@3rdcc.org , upon filing with the Clerk's Office, with only those Exhibits attached that are necessary to your claims. Do not submit full deposition transcripts, insurance contracts etc.)

Civil cases

Page 1 | Motion Practice: General

For reconsideration motions, notify the Court Clerk and provide a Judge's Copy for review, since the Court otherwise does not receive notice of the filing.

Pursuant to MCR 2.119(F)-Notify Court Clerk if being filed and provide a Judge's Copy to JudgeHarb-Court@3rdcc.org for review. The Court does not receive notice that this type of motion is filed unless the attorney notifies the clerk and provides a Judge's Copy.

Civil cases

Page 1 | Motions for Rehearing or Reconsideration

Email a Judge Copy of all responses to motions to chambers with only the exhibits necessary to the claim or defense.

Email a Judge Copy of All Responses to JudgeHarb-Court@3rdcc.org . Ensure that any attached Exhibits are necessary to your claim/defense. (Do not submit full deposition transcripts, insurance contracts, etc.)

Civil cases

Page 1 | Motion Practice: General

When filing a Motion for Summary Disposition in lieu of an answer, send a copy to the Judge's Judicial Attorney; the Court will issue a briefing order.

If a party is filing a Motion for Summary Disposition in Lieu of an Answer, send a copy of the Motion for Summary Disposition to the Judge's Judicial Attorney (JudgeHarb-Court@3rdcc.org). The Court will issue a briefing order.

Civil cases

Page 1 | Motions for Summary Disposition

Adjournment & Extension Requirements

Parties may stipulate to one adjournment of a motion; if they cannot proceed after that, the motion is dismissed and may be refiled later.

Parties are able to stipulate to one adjournment. If the parties are unable to proceed with the Motion after the adjourned date, then the Motion will be dismissed and may be refiled at a later date

Civil cases

Page 1 | Motion Practice: General

*Requests should be made at least 1 week in advance* Parties should contact the Court by email at least 1 week in advance. All of the parties must concur with the proposed adjourned date.

*Requests should be made at least 1 week in advance* Parties should contact the Court by email at least 1 week in advance. All of the parties must concur with the proposed adjourned date.

Civil cases

Page 1 | Settlement Conference Procedure

Trial dates will not be adjourned without a motion and a showing of good cause.

Trial dates, once set, will not be adjourned without a motion and a showing of good cause.

Civil cases

Page 1 | Settlement Conference Procedure

Track One cases may be adjourned to Track Two by mutual stipulation; all other adjournment requests require a motion.

Motions to adjourn should be, for the most part, unnecessary at this time as Judge Harb is permitting stipulations for the following. All current Track One cases may be adjourned to Track Two by mutual stipulation. All other requests for adjournments may only be adjourned by way of motion.

Civil cases

Page 1 | REMOTE PROTOCOL

Chambers Communication Rules

All parties must be included in emails with the Court to avoid ex parte communications, and case number and case name must always be in the subject line.

All parties must be included in emails with the Court/Judge in order to avoid ex parte communications. Please provide cell numbers for the attorney handling the matter whenever possible if the court staff need to reach out to the parties. Always include case number and case name in the subject line.

Civil cases

Page 1 | MEDIATIONS AND TRIALS

Email is the preferred method of communication; do not call the courtroom and leave voicemails.

Please email the court as the preferred method of communication. The Judicial Attorney may be reached via email at jennifer.swanson@3rdcc.org . The Court Clerk, Deborah Royal may be reached at deborah.royal@3rdcc.org . Please do not call the courtroom and leave voicemails.

Civil cases

Page 1 | MEDIATIONS AND TRIALS

To withdraw a motion, the moving party must email the Court Clerk and the court's general email as soon as possible before the hearing date.

If the motion is going to be withdrawn, the moving party must email the Court Clerk (deborah.royal@3rdcc.org) and the Court's general email (judgeharb-court@3rdcc.org) to cancel the motion as soon as possible prior to the hearing date.

Civil cases

Page 1 | REMOTE PROTOCOL

Check the public odyssey at 3rdcc.org before contacting the Courtroom with questions; if a document is not on the ROA it has not been processed, so contact the Clerk's office.

*Check public odyssey at 3rdcc.org before contacting the Courtroom with questions. If a document is not on the ROA, that means the Clerk's office has not processed it. Contact the Clerk's office with any questions.*

Civil cases

Page 1 | ZOOM ACCESS

About Judge Adel A. Harb

Judge Adel A. Harb sits in the Third Judicial Circuit Court of Michigan, the state trial court serving Wayne County, in the district division.

Practitioners will find the judge's published procedures in a document titled '99'.

Common questions about Judge Adel A. Harb's rules

Are courtesy copies required for Judge Adel A. Harb?

Details: delivery upon filing, by email. Submit a Judge Copy to chambers upon filing with only the exhibits necessary to the claims, not full deposition transcripts or insurance contracts.

View ruleSource: page 1, section Motion Practice: General

What page or word limits apply to brief before Judge Adel A. Harb?

Judge Adel A. Harb's rule states these limits: attorney: 20 pages; attorney: 5 pages. Parties must adhere to the page limits outlined in MCR 2.116(G) and MCR 2.119(A)(2)(a): Attorneys must obtain Court approval to file any motion and brief or response and brief over 20 pages. Reply briefs are limited to 5 pages.

View ruleSource: page 1, section Motions for Summary Disposition

What page or word limits apply to exhibits before Judge Adel A. Harb?

Judge Adel A. Harb's rule states these limits: 100 pages. Exhibits are limited to 100 pages; court permission is required for exhibits exceeding 100 pages.

View ruleSource: page 1, section Motions for Summary Disposition

What must be included with motion filings before Judge Adel A. Harb?

Motions to adjourn must include a copy of the scheduling order and list all relevant dates in the body of the motion.

View ruleSource: page 1, section Motion Practice: General

What must be included with default judgment filings before Judge Adel A. Harb?

Default judgment motions must include relevant documents and an affidavit of a person with knowledge of the facts and circumstances surrounding the relief requested.

View ruleSource: page 1, section Motions for Default Judgment

How may parties contact Judge Adel A. Harb's chambers?

All parties must be included in emails with the Court to avoid ex parte communications, and case number and case name must always be in the subject line.

View ruleSource: page 1, section MEDIATIONS AND TRIALS

How do I request an adjournment or extension before Judge Adel A. Harb?

Trial dates will not be adjourned without a motion and a showing of good cause.

View ruleSource: page 1, section Settlement Conference Procedure

Is electronic filing required before Judge Adel A. Harb?

Yes. Electronic filing is required for the covered filings. The courtroom is completely electronic: email copies of all motions, responses, and pre-trial orders to chambers and do not mail hard copies.

View ruleSource: page 1, section REMOTE PROTOCOL

What filing deadlines does Judge Adel A. Harb set?

Responses to motions are due 3 days before the scheduled hearing.

View ruleSource: page 1, section Motion Practice: General
Complete rules summary for Judge Adel A. Harb

The courtroom is completely electronic: email copies of all motions, responses, and pre-trial orders to chambers and do not mail hard copies.

E-file the motion, file the Praecipe with a requested date once it appears in the Register of Actions, and only notice the hearing after receiving the processed Praecipe; do not file proposed orders until after the hearing.

Submit a Judge Copy to chambers upon filing with only the exhibits necessary to the claims, not full deposition transcripts or insurance contracts.

Responses to motions are due 3 days before the scheduled hearing.

To withdraw a motion, the moving party must email the Court Clerk and the court's general email as soon as possible before the hearing date.

Track One cases may be adjourned to Track Two by mutual stipulation; all other adjournment requests require a motion.

Parties must adhere to the page limits outlined in MCR 2.116(G) and MCR 2.119(A)(2)(a): Attorneys must obtain Court approval to file any motion and brief or response and brief over 20 pages. Reply briefs are limited to 5 pages.

Trial dates will not be adjourned without a motion and a showing of good cause.

Exhibits are limited to 100 pages; court permission is required for exhibits exceeding 100 pages.

Motions to adjourn must include a copy of the scheduling order and list all relevant dates in the body of the motion.

All summary disposition motions must be filed before case evaluation; if case evaluation is waived, the deadline is the last day of the month in which case evaluation would have occurred on Track 2.

Motions in limine must be e-filed no less than 3 weeks before the pre-trial and are heard on the pre-trial date.

A Praecipe must be submitted for reconsideration motions to set a control date, choosing any Friday date 30 days in the future.

For summary disposition motions, file the Praecipe with a requested date 30+ days out on Monday-Thursday at 10:00 a.m.; call the Court if you do not receive a scheduling order.

Reply briefs for motions in limine are due 3 business days before the pre-trial.

Response briefs for motions in limine are due 1 week before the pre-trial.

All parties must be included in emails with the Court to avoid ex parte communications, and case number and case name must always be in the subject line.

Email is the preferred method of communication; do not call the courtroom and leave voicemails.

*Requests should be made at least 1 week in advance* Parties should contact the Court by email at least 1 week in advance. All of the parties must concur with the proposed adjourned date.

Default judgment motions must include relevant documents and an affidavit of a person with knowledge of the facts and circumstances surrounding the relief requested.

In no-fault cases, the Defendant should submit a Request to Produce for signed medical authorizations at the time of filing the Answer.

Appeals must attach a Motion and Brief directing the Court to specific errors supported by the transcript, the lower court transcript or orders appealed, and proof the transcript was ordered upon filing if required.

The lower court transcript must be electronically filed within 56 days; failure to timely file results in dismissal of the appeal.

When filing a Motion for Summary Disposition in lieu of an answer, send a copy to the Judge's Judicial Attorney; the Court will issue a briefing order.

Check the public odyssey at 3rdcc.org before contacting the Courtroom with questions; if a document is not on the ROA it has not been processed, so contact the Clerk's office.

All Motions in Limine are to be heard two weeks before Trial at the Final Settlement Conference

For reconsideration motions, notify the Court Clerk and provide a Judge's Copy for review, since the Court otherwise does not receive notice of the filing.

Email a Judge Copy of all responses to motions to chambers with only the exhibits necessary to the claim or defense.

Parties may stipulate to one adjournment of a motion; if they cannot proceed after that, the motion is dismissed and may be refiled later.

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