Judge Brian R. Sullivan
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Brief
- Hand Delivery
Discovery Motion
Motion
- Hand Delivery
- Hand Delivery • Upon Filing
Motion, Brief, Reply Brief
- Hand Delivery
Communication
Phone
Clerk, Chambers
Page & Word Limits1 rule
The reply brief is limited to five (5) or less pages, and is due (7) days from the date the response is filed with the Court.
- Reply brief
- Up to 5 pages
Document Filing Requirements14 rules
Moving party must file praecipe after clerk provides motion hearing date.
A motion for reconsideration MUST be filed with: (1) a notice of hearing, and (2) a hard copy to the clerk. If these steps are not followed the court may be unaware of the motion being filed.
Motions for Summary Disposition sought to be filed after the scheduling deadline must be made by motion to the court by the moving party, and the motion can only be filed by Court order.
The settlement/facilitation order must include the facilitation date, facilitator name, and return hearing date, with the hearing date obtained from the Court Clerk.
Court's wording
The parties must present an Order to the Court which includes: a. The date of Facilitation, b. Name of the Facilitator; c. Return date for (obtained from the Court Clerk) Pretrial/Settlement Conference/Motion Hearing, to court within (10) business days after the completion of Facilitation. d. The pretrial/settlement/motion hearing date must be obtained by the parties from the Court by calling the Court Clerk and include that date in the order.
The courtroom will need a filed time stamped copy of the motion.
parties shall use joint exhibits to the extent possible to eliminate duplicate exhibits. 2. The parties shall highlight pertinent parts of the relevant exhibits for the Court so the court does not have to search for, or guess at, the support cited to it. 3. A party must append, and highlight, the pertinent part of any unpublished case
An initial summons expires 90days from issuance, and a second summons for an additional 90 days will be issued on submission of order without motion. Additional time must be obtained by motion. The expiration shall be stated in the order.
All exhibits must be marked before trial.
The brief shall not contain a separate section for introduction, background or history or other redundancies.
Plaintiff and Defendant must list only actual witnesses to be called at trial. Plaintiff and Defendant must list all exhibits be actually introduced at trial. Plaintiff and Defendant must list all requested jury instructions by number.
Must include
- •Exhibit list
Proposed Jury Instructions: Parties must provide to the Court with a copy for the jurors.
All witnesses must be present on first day of trial or be scheduled at another time with prior consent of Court.
There is no oral argument on a motion for reconsideration.
A response is required for Summary Disposition and Reconsideration motions
Filing & Service rules
Electronic Filing Rules
E-filing is available; parties should visit the 3rdcc.org e-filing page for additional information.
EFiling - Please go to www.3rdcc.org link "e-filing updated" for additional information.
Civil cases
Page 1 | EFiling
Filing Timing and Cure Windows
Parties must exchange witness, exhibit, and jury instruction lists within three weeks after facilitation.
The parties must exchange these three lists within three (3) weeks after facilitation.
Civil cases
Page 1 | PRETRIAL ORDER
Responses to motions on the Friday docket are due no later than Wednesday morning.
Responses, pursuant to MCR 2.119(2)(a), are due no later than Wednesday morning for a Friday hearing.
Civil cases
Page 1 | V. MOTION PRACTICE
No motions are permitted on the day of trial.
NO MOTIONS ON THE DAY OF TRIAL.
Civil cases
Page 1 | PRETRIAL ORDER
Final facilitation must be scheduled within 42 days of Case Evaluation.
Final facilitation must be scheduled to occur within 42 days of Case Evaluation.
Civil cases
Page 1 | II. SETTLEMENT CONFERENCE PROCEDURE
Motions in limine must be heard at least one month before trial unless the Court directs otherwise.
Motions in Limine (when heard): At least (1) one month before trial or scheduled otherwise as directed by the Court
Civil cases
Page 1 | Trial
Reply brief for summary disposition is due 7 days from the date the response is filed.
The reply brief is limited to five (5) or less pages, and is due (7) days from the date the response is filed with the Court.
Civil cases
Page 1 | IV. SUMMARY DISPOSITION SCHEDULING ORDER
Objections to witness, exhibit, or jury instruction lists must be provided in writing within 14 days of receipt and filed with the Court.
The parties must notify opposing counsel, in writing, of any objection to any of the witnesses, exhibits or instructions within (14) days of receipt and filed with the Court.
Civil cases
Page 1 | PRETRIAL ORDER
Response to a summary disposition motion is due 21 days from the scheduling order.
Response to the Motion for Summary Disposition is due (21) days from this Order.
Civil cases
Page 1 | IV. SUMMARY DISPOSITION SCHEDULING ORDER
The Court will not begin examining a summary disposition motion until it has all motions, responses, and materials or the movant advises that no response was filed.
The Court will not begin examination of the motion until it is in possession of all motions, responses and materials, or has been advised by the movant that no response was filed.
Civil cases
Page 1 | III. MOTION FOR SUMMARY DISPOSITION PROCEDURE
If the appellate scheduling order is not received within 10 business days of filing the appeal, counsel must contact the Court's office.
If the order is not received within (10) business days from the date of filing the appeal, please contact the Court's office, (313) 224-2447.
Civil cases
Page 1 | IX. Appeals
Appellate oral argument is held Friday mornings at 9:00 a.m., must be requested in the brief, and occurs within 30 days after receipt of briefs.
Oral argument: Held on Friday mornings at 9:00 a.m. Must be requested by a party in the brief. Argument is within 30 days after receipt of briefs.
Civil cases
Page 1 | IX. Appeals
The return date for the pretrial/settlement/motion hearing must be set within 10 business days after facilitation, with the date obtained from the Court Clerk.
Return date for (obtained from the Court Clerk) Pretrial/Settlement Conference/Motion Hearing, to court within (10) business days after the completion of Facilitation.
Civil cases
Page 1 | II. SETTLEMENT CONFERENCE PROCEDURE
If the summary disposition scheduling order is not received within 10 days of alerting the clerk, the movant must contact the clerk.
If the scheduling order is not received within 10 days of alerting the clerk of the motion filing, the movant must contact the clerk for the order.
Civil cases
Page 1 | III. MOTION FOR SUMMARY DISPOSITION PROCEDURE
Objections are heard at a pretrial conference requested by the objecting party within 2 weeks of filing.
The objections will be heard and addressed at a pretrial conference requested of the Court by the objecting party within (2) weeks of filing.
Civil cases
Page 1 | PRETRIAL ORDER
Summary disposition hearings are held Monday through Thursday at 9:00 a.m.
Summary disposition hearings are held Monday through Thursday at 9:00 a.m.
Civil cases
Page 1 | III. MOTION FOR SUMMARY DISPOSITION PROCEDURE
Discovery and other non-summary disposition motions are heard remotely on Fridays at 9:00 a.m.
Discovery and other non-summary disposition motions on the docket are heard remotely on Fridays at 9:00 a.m., unless the Court directs otherwise
Civil cases
Page 1 | V. MOTION PRACTICE
Summary disposition motions on lack of jurisdiction, statute of limitations, or other issues requiring no or limited discovery can be heard on an expedited basis by contacting the court clerk.
Expedited Hearing Request; Summary disposition motions on lack of jurisdiction, statute of limitations, etc. which require no, or limited, discovery can be heard on an expedited basis. Please contact the court clerk.
Civil cases
Page 1 | III. MOTION FOR SUMMARY DISPOSITION PROCEDURE
Motion call is held on Fridays at 9:00 a.m.
Motion Call: Friday at 9AM
Civil cases
Page 1 | Judge Brian R. Sullivan, Presiding Judge
Service and Proof of Service Rules
In Driver's License Restoration cases, the movant must serve the Secretary of State and the Attorney General.
Movant must serve Secretary of State and Attorney General.
Civil cases
Page 1 | Driver’s License Restoration cases
The party serving an order for alternate service must verify the postal address.
Serving party must verify postal address
Civil cases
Page 1 | VIII. Motion and Order for Alternate Service
Courtesy Copy Requirements
Parties must provide courtesy Judge's Copies of the summary disposition motion, responses, and reply briefs to Judge Sullivan's courtroom.
The parties shall please provide a courtesy "Judge's Copy" of the motion, response(s) and reply brief(s), by mail or hand, delivered to Judge Brian R. Sullivan's courtroom.
Civil cases
Page 1 | III. MOTION FOR SUMMARY DISPOSITION PROCEDURE
Appellate briefs must be delivered as a courtesy judge's copy to chambers by mail or hand delivery.
Briefs: Mail or hand delivery a courtesy judges copy to the Court; Judge Brian R. Sullivan 2 Woodward Ave., Courtroom 1101 CAYMC Detroit, MI 48226
Civil cases
Page 1 | IX. Appeals
Motions in limine and responses require a courtesy judge's copy mailed or hand delivered to chambers.
A courtesy judges copy of the motion and response shall be mailed or hand delivered to the Court; Judge Brian R. Sullivan 2 Woodward Ave., Courtroom 1101 Detroit, MI 48226
Civil cases
Page 1 | Trial
Movant shall provide a courtesy "Judges Copy" of the time stamped motion or hand delivery to: Judge Brian R. Sullivan 2 Woodward Ave., Courtroom 1101 Detroit, MI 48226
Movant shall provide a courtesy "Judges Copy" of the time stamped motion or hand delivery to: Judge Brian R. Sullivan 2 Woodward Ave., Courtroom 1101 Detroit, MI 48226
Civil cases
Page 1 | VI. Motion for Reconsideration
Summary disposition movant must deliver a courtesy time-stamped Judges Copy to chambers by mail or hand delivery.
The movant must provide a courtesy "Judges Copy" of the time stamped motion to the Court by mail or hand delivery to; Hon. Brian R. Sullivan 2 Woodward Ave., Courtroom 1101 Detroit, MI 48226
Civil cases
Page 1 | III. MOTION FOR SUMMARY DISPOSITION PROCEDURE
No judge's copy is required for discovery and other non-summary disposition motions, but responses are required for summary disposition and reconsideration motions.
A judge's copy is not required, but a response is required for Summary Disposition and Reconsideration motions
Civil cases
Page 1 | V. MOTION PRACTICE
Adjournment & Extension Requirements
After a praecipe is accepted, a motion may only be adjourned by the court through the clerk, and the party must obtain a new date from the clerk.
After a praecipe has been accepted by the clerk, a motion may only be adjourned by the court, through the clerk. A party who seeks an adjournment, postponement, or cancellation of a motion must contact Judge Sullivan's Court Clerk to adjourn, postpone or alert the court the motion is cancelled or resolved. The parties must get a new date for the motion from the clerk.
Civil cases
Page 1 | V. MOTION PRACTICE
Parties may stipulate to an adjournment of the scheduling order on the first request; subsequent requests require a motion.
The court allows the parties to stipulate to adjournment of the scheduling order by stipulation on the first request and motion thereafter.
Civil cases
Page 1 | II. SETTLEMENT CONFERENCE PROCEDURE
Adjournment of the final pretrial conference requires a court order.
Adjournment of Final Pre-Trial Conference: By court order.
Civil cases
Page 1 | Final Pretrial Conferences
A party seeking an adjournment or to hold a summary disposition decision in abeyance must contact the Clerk or Judicial Assistant and, once permission is granted, enter an order with the new hearing date.
If a party seeks an adjournment or for the court to hold a decision in abeyance pending facilitation or other discovery, the party must contact the Clerk or Judicial Assistant, and upon permission granted, enter an order with the new hearing date.
Civil cases
Page 1 | III. MOTION FOR SUMMARY DISPOSITION PROCEDURE
Adjournment of Case Evaluation is obtained by motion, not stipulation.
Adjournment of Case Evaluation: ___ Stipulation _X_ Motion
Civil cases
Page 1 | I. STATUS CONFERENCE PROCEDURE
Settlement conference adjournments require court approval obtained through the clerk.
Adjournments of settlement conference by court approval through the clerk from the judge. (313) 224-2447
Civil cases
Page 1 | II. SETTLEMENT CONFERENCE PROCEDURE
Requests for extension of the appellate briefing schedule are determined on a case-by-case basis.
Additional requirements: Requests for extension of the briefing schedule are determined on a case by case basis.
Civil cases
Page 1 | IX. Appeals
Adjournment of appellate oral argument is determined on a case-by-case basis.
Adjournment policy: Adjournment of oral argument is determined on a case by case basis.
Civil cases
Page 1 | IX. Appeals
Chambers Communication Rules
The moving party must call the Judicial Assistant to advise the Court the summary disposition motion is ready for decision and that all necessary documents are in the court's possession.
The moving party must advise the Court the motion is ready for decision and to ensure all documents necessary for decision are in possession of the court, by calling the Court's Judicial Assistant at (313) 224-2447, as required by the order.
Civil cases
Page 1 | III. MOTION FOR SUMMARY DISPOSITION PROCEDURE
Parties may request in-person motions, conferences, and trials by calling the Court's clerk at (313) 224-2447.
Parties can request In-Person motions, conferences and trials matter by calling the Court's clerk at (313) 224-2447.
Civil cases
Page 1 | Judge Brian R. Sullivan, Presiding Judge