Judge Carla G. Testani
Individual Rules, Standing Orders & Policies
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Document Filing Requirements15 rules
A judgment or order awarding child support or spousal support must also include the following (MCR 3.211(D)):
The required statement regarding whether the judgment resolves the last pending claim of the parties and closes the case. MCR 2.602(A)(3).
***PLEASE AMEND AND RESUBMIT. INCLUDE A COPY OF THIS NOTICE WITH YOUR AMENDED ORDER/JUDGMENT.***
A scheduling order is entered at the first settlement conference and emailed to counsel/parties, containing all subsequent deadlines.
Court's wording
A scheduling order will be entered at the first settlement conference if the case is not resolved. Please give the courtroom clerk your email and the scheduling order will be emailed to you after the hearing. This scheduling order sent via email will be the only notice of subsequent dates. The order will contain deadlines for discovery cut-off, witness list exchange, mediation, and other important information. A mediator will be named, if needed, and a trial date will be set.
Motions for reconsideration are filed with the County Clerk, a Judge's copy goes to the courtroom, and no hearing is held unless ordered.
Court's wording
The original motion for reconsideration should be filed with the County Clerk's office in CAYMC room 201. A Judge's copy should be brought directly to the courtroom. Pursuant to the Michigan Court Rules, a hearing on the motion will not be held unless ordered by the court. As such, no praecipe or notice of hearing should be filed.
Generally, original signatures must appear on all orders.
Attorneys must file an appearance in every case to receive electronic notifications.
Court's wording
Attorneys should file an appearance in all cases, in addition to filing a pleading or other paper in the case. A separate appearance is required for the county clerk to add an attorney to the distribution list in order to receive electronic notifications such as notices of hearing and orders.
Ex parte orders require an affidavit or verified pleading with specific allegations of irreparable harm.
Court's wording
Ex parte orders presented for entry at the outset of the case will only be granted upon presentation of an affidavit or verified pleading with specific allegations that irreparable injury, loss, or damage will result from the delay required to effect notice, or that notice itself will precipitate adverse action.
A transcript of the proceeding in which an agreement or ruling was made on the record must be presented with the motion.
Orders to withdraw or substitute counsel require signatures from all parties and the new attorney's contact information.
Court's wording
Just like all consent orders, the orders must possess signatures by all parties (Plaintiff and Defendant) or their representative – not merely one side. The new attorney's contact information (or the party’s contact information if the party is unrepresented by counsel) must be provided in the order to withdraw or substitute.
Requests to waive the six-month waiting period for judgments with minor children require a written motion with specific allegations of unusual hardship or compelling necessity.
Court's wording
Any request for entry of judgment with minor children prior to the expiration of six months from the date of filing must be made by written motion and present specific allegations of unusual hardship or compelling necessity; a blanket allegation declaring that expediting the divorce is in the best interest of the minor children is insufficient.
The provision regarding the effective date of the judgment.
Consult MCR 2.603 and MCR 3.210(b) to ensure a successful motion for entry of default judgment.
Attorneys/litigants must provide the original plus four true copies (or one per party, whichever is greater) of each signed order.
Court's wording
The court clerk will process the original plus four true copies of each order signed, or as many true copies as there are parties, whichever is greater. Attorneys/litigants must present copies for processing, as the clerks will not be able to make copies.
File the correct praecipe (FOC or Judge's) based on the docket directive for domestic relations motions.
Court's wording
Some domestic relations motions are handled first by the Friend of the Court Referee and others will be set directly with the Judge. Please refer to the docket directive to ascertain where your hearing should be held and file either an FOC praecipe or a Judge’s praecipe.
Filing & Service rules
Pre-Motion Conference Requirements
Cases are referred to non-binding mediation before evidentiary hearings or trials; a telephone case management conference may be held if stipulated.
Nearly all cases will be referred to non-binding mediation prior to the court conducting an evidentiary hearing or trial. If both parties are represented by counsel and a stipulated order is presented scheduling mediation, a case management conference may be held via telephone with the attorneys.
Page 1 | Case Management and Settlement Conferences
Adjournment & Extension Requirements
Motion adjournments require a stipulation and stipulated order; fax/email submission requires prior court permission by phone.
All adjournments of motions must be by stipulation of both parties. A stipulated order must be presented to the court before the order will be adjourned. Stipulated orders for adjournments will be accepted by fax or email, but arrangements for the court to accept the stipulation should be made by first calling the court and speaking with a staff member for permission to fax or email the proposed order.
Page 1 | Motions
Trial adjournments require a written motion and must comply with MCR 2.503.
Requests to adjourn a trial must be made by written motion. Stipulated orders may be considered (see above requirements to adjourn motions). All orders for adjournment must comply with MCR 2.503.
Page 1 | Trials/Evidentiary Hearings
Chambers Communication Rules
Moving party must appear for motions or call chambers by 3:00 p.m. the day before to be excused.
Unless excused by the court, the moving party must appear for the motion. Failure to appear may result in a monetary penalty assessed penalty to the moving party. To be excused by the court, the moving party must call chambers by 3:00 p.m. the day before the hearing to advise the court clerk that the motion has been withdrawn.
Page 1 | Motions
Call Judge Testani's staff after 11:00am for best availability.
Should you need to speak with a member of Judge Testani's staff, please call after 11:00am when the staff is likely to have attended the morning case call.
Page 1 | General Courtroom Policies