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Court Rules
Judge

Judge Eric W. Cholack

Individual Rules, Standing Orders & Policies

Third Judicial Circuit Court of Michigan

Limits & Logistics

Courtesy Copies

Emergency Motions

  • 1 copy • Email

Judges Copy

  • 1 copy • Email

Adjournments

  • Requests to adjourn a trial must be made by written motion; stipulated orders may also be considered.
  • Adjournment requests require a stipulated order signed by both sides stating the reason, the scheduled date, and mediation status, with the return date left blank for the Court to fill in.
  • If the other party's consent cannot be obtained for an adjournment, you must either file a motion or appear for the scheduled hearing.

Request must include

Reason for RequestOriginal Date

Communication

Email

Chambers

judgecholack-court@3rdcc.org
Technical IssuesScheduling
Phone

Chambers

313-224-2430
Technical Issues
Hours: 8:30AM to 4:30PM Monday through Friday, except holidays; lunch 12:30PM to 2PM
Filters:

Document Format Requirements2 rules

FormattingImportant

Exhibits shall be labeled and sent as individual PDF’s or photos so each exhibit may be considered on its own. DO NOT send multiple exhibits as one document.

File type
PDF
Applies to
  • Exhibits

Formatting

  • Labeled
  • Sent as individual PDFs or photos
Wayne:6a3209d632951403a7f42360
|SectionGENERAL COURTROOM POLICIES
FormattingImportant

Trial exhibits must be electronic, labeled, and separated per the final pretrial order, emailed to chambers, with videos/audio in MP3/MP4 and large exhibits sent via a free cloud drive.

Applies to
  • Exhibits

Formatting

  • Electronic form
  • Labeled
  • Separated per final pretrial order
  • Emailed to chambers
  • Videos/audio in MP3/MP4

Court's wording

Exhibits: All exhibits are to be in electronic form, labeled, and separated per the final pretrial order and emailed to JudgeCholack-Court@3rdcc.org. Any videos or audio that needs to be submitted must be in MP3/MP4. If your exhibit cannot be emailed due to the size, then sending through a free cloud drive (that does not require an account/sign-in) is the easiest way for the Court to obtain a copy.

Wayne:6a3209d632951403a7f42360
|SectionTRIAL/EVIDENTIARY HEARINGS

Document Filing Requirements1 rule

Filing RequirementsMandatory

Cases with Minor Children require both parties’ participation on the record to enter a consent order involving the child(ren).

Wayne:6a3209d632951403a7f42360
|SectionGENERAL COURTROOM POLICIES

Filing & Service rules

Electronic Filing Rules

Proposed orders and objections must be emailed to chambers and must not be filed with the clerk's office, which will reject them.

All proposed orders and objections must be sent to JudgeCholack-Court@3rdcc.org (please do not file these as they will be rejected by the clerk’s office).

Page 1 | GENERAL COURTROOM POLICIES

The courtroom is paperless and accepts only electronic copies of orders, Judge's copies, exhibits, and similar items unless stated otherwise.

We are a paperless Courtroom. Thus, we only accept electronic copies of orders, Judge’s copies, exhibits, etc, unless stated otherwise.

Page 1 | GENERAL COURTROOM POLICIES

After determining whether a motion will be heard by the FOC or the Judge, an e-Praecipe must be properly filed with the FOC or Courtroom.

Filing: Please follow the docket directive to determine whether a Motion will be before the FOC or the Judge. Once that is determined, please file a e-Praecipe properly with the FOC or Courtroom. Then follow the Court filing procedures.

Page 1 | MOTION PRACTICE

Filing Timing and Cure Windows

All responses and exhibits must be submitted at least two weeks before the hearing.

Responses and Exhibits: Please submit ALL Responses and Exhibits at least two weeks prior to the hearing.

Page 1 | MOTION PRACTICE

All motions, proofs of service, appearances, and notices of hearing must be filed with the clerk's office before sending a Judge's copy to chambers.

Note: File all motions, proofs of service, appearances, notice of hearings, etc. with the clerk’s office prior to sending a Judge’s copy to JudgeCholack-Court@3rdcc.org.

Page 1 | GENERAL COURTROOM POLICIES

Motions regarding change of school must be filed before April 1 to take effect before the next school year.

Motions Regarding Change of School: Please note these motions must be filed before the first of April if you wish to have the school changed prior to the next school year.

Page 1 | MOTION PRACTICE

Service and Proof of Service Rules

The Court sends all orders via email unless no email address is on file or otherwise specified.

Further, we send all orders out via email unless there is no email address on file or specified otherwise.

Page 1 | GENERAL COURTROOM POLICIES

Courtesy Copy Requirements

Emergency motions must be filed with the Clerk's Office and a Judge's copy emailed to chambers.

Emergency Motions: Please file emergency motions with the Clerk’s Office and email a Judge’s copy to JudgeCholack-Court@3rdcc.org. See Court filing procedures.

Page 1 | MOTION PRACTICE

Judge's copies should be emailed to chambers; filing through the electronic system automatically provides a Judge's copy.

All Judge’s copies should be emailed to JudgeCholack-Court@3rdcc.org (note if you file through the electronic system we will receive a Judge’s copy through the system).

Page 1 | GENERAL COURTROOM POLICIES

Adjournment & Extension Requirements

If the other party's consent cannot be obtained for an adjournment, you must either file a motion or appear for the scheduled hearing.

Note if you cannot get the other parties consent you must either file a motion or appear for your scheduled hearing.

Page 1 | ADJOURNMENTS

Requests to adjourn a trial must be made by written motion; stipulated orders may also be considered.

Adjournments: Request to Adjourn a trial must be made by written motion. Stipulated orders may be considered as well.

Page 1 | TRIAL/EVIDENTIARY HEARINGS

Adjournment requests require a stipulated order signed by both sides stating the reason, the scheduled date, and mediation status, with the return date left blank for the Court to fill in.

Please submit a stipulated order signed by both sides stating the reason for the adjournment, the date you were scheduled, and if mediation has been scheduled/is scheduled (if mediation was required in the prior order). Further, please leave the date blank for us to fill in a return date.

Page 1 | ADJOURNMENTS

Chambers Communication Rules

Failure to appear may result in dismissal unless the Court is contacted by phone or email before 4 PM on the hearing day with an explanation.

Failure to appear may result in the dismissal of the case or motion, unless you contact the Court by phone or email prior to 4PM the day of the hearing with an explanation.

Page 1 | GENERAL COURTROOM POLICIES

The Court cannot accept substantive ex parte communications or give legal advice; the other party must be CC'd on any non-administrative communication with the Court.

Ex Parte Communication with the Court:please note the Court cannot accept emails, letters, phone calls, etc. that are about the substantive issues in your case or give legal advice. Please refrain from ex parte communication as it is against the ethical and court rules. Please make sure the other party is CC’d on any communication with the court that is not simply administrative.

Page 1 | OTHER NOTES

To request a hearing date, email or call the Courtroom after filing the motion; motions are usually heard on Mondays or Thursdays and scheduling is 2-3 months ahead.

Dates: If you would like a date, please email or call the Courtroom AFTER you have filed your motion. Motions are usually heard on Mondays or Thursdays. However, please note we are usually scheduling at least 2-3 months ahead and we do not have control over FOC scheduling.

Page 1 | MOTION PRACTICE

Interpreter requests must be emailed to chambers at least two weeks before the hearing or the hearing may be adjourned.

Interpreters: If either party needs an interpreter for a hearing, please email JudgeCholack-Court@3rdcc.org at least two weeks prior to the hearing or the hearing may need to be adjourned.

Page 1 | GENERAL COURTROOM POLICIES

Parties who cannot access electronic copies should contact the Court by phone or email.

If you cannot access electronic copies please contact us at 313-224-2430 or email JudgeCholack-Court@3rdcc.org

Page 1 | GENERAL COURTROOM POLICIES

Court operating hours are 8:30 AM to 4:30 PM Monday through Friday, with staff unavailable during lunch from 12:30 PM to 2 PM.

Operating Hours: 8:30AM to 4:30PM Monday through Friday, except during holidays. Please note:Lunch is between 12:30PM to 2PM, so court staff may not be available.

Page 1 | GENERAL COURTROOM POLICIES

About Judge Eric W. Cholack

Eric W. Cholack is a district judge on the Third Judicial Circuit Court of Michigan, the state trial court serving Wayne County. The court handles a wide range of civil and criminal trial matters.

This judge's procedures are published through the court's general rules.

Common questions about Judge Eric W. Cholack's rules

Are courtesy copies required for Judge Eric W. Cholack?

Courtesy-copy rule applies for emergency. Details: 1 copy, by email. Emergency motions must be filed with the Clerk's Office and a Judge's copy emailed to chambers.

View ruleSource: page 1, section MOTION PRACTICE

What formatting rules apply to filings before Judge Eric W. Cholack?

Judge Eric W. Cholack's formatting rule includes file format PDF, labeled, sent as individual pdfs or photos, and do not send multiple exhibits as one document. Exhibits must be labeled and sent as individual PDFs or photos; multiple exhibits must not be combined into one document.

View ruleSource: page 1, section GENERAL COURTROOM POLICIES

What must be included with consent order filings before Judge Eric W. Cholack?

Consent orders involving minor children require both parties to participate on the record.

View ruleSource: page 1, section GENERAL COURTROOM POLICIES

How may parties contact Judge Eric W. Cholack's chambers?

Failure to appear may result in dismissal unless the Court is contacted by phone or email before 4 PM on the hearing day with an explanation.

View ruleSource: page 1, section GENERAL COURTROOM POLICIES

How do I request an adjournment or extension before Judge Eric W. Cholack?

Requests to adjourn a trial must be made by written motion; stipulated orders may also be considered.

View ruleSource: page 1, section TRIAL/EVIDENTIARY HEARINGS

Is electronic filing required before Judge Eric W. Cholack?

Yes. Electronic filing is required for the covered filings. The courtroom is paperless and accepts only electronic copies of orders, Judge's copies, exhibits, and similar items unless stated otherwise.

View ruleSource: page 1, section GENERAL COURTROOM POLICIES

What filing deadlines does Judge Eric W. Cholack set?

All responses and exhibits must be submitted at least two weeks before the hearing.

View ruleSource: page 1, section MOTION PRACTICE

What rule applies to service by email before Judge Eric W. Cholack?

Details: method: service by email. The Court sends all orders via email unless no email address is on file or otherwise specified.

View ruleSource: page 1, section GENERAL COURTROOM POLICIES
Complete rules summary for Judge Eric W. Cholack

Interpreter requests must be emailed to chambers at least two weeks before the hearing or the hearing may be adjourned.

Consent orders involving minor children require both parties to participate on the record.

The courtroom is paperless and accepts only electronic copies of orders, Judge's copies, exhibits, and similar items unless stated otherwise.

Court operating hours are 8:30 AM to 4:30 PM Monday through Friday, with staff unavailable during lunch from 12:30 PM to 2 PM.

The Court sends all orders via email unless no email address is on file or otherwise specified.

All motions, proofs of service, appearances, and notices of hearing must be filed with the clerk's office before sending a Judge's copy to chambers.

Parties who cannot access electronic copies should contact the Court by phone or email.

Proposed orders and objections must be emailed to chambers and must not be filed with the clerk's office, which will reject them.

After determining whether a motion will be heard by the FOC or the Judge, an e-Praecipe must be properly filed with the FOC or Courtroom.

Trial exhibits must be electronic, labeled, and separated per the final pretrial order, emailed to chambers, with videos/audio in MP3/MP4 and large exhibits sent via a free cloud drive.

Requests to adjourn a trial must be made by written motion; stipulated orders may also be considered.

Emergency motions must be filed with the Clerk's Office and a Judge's copy emailed to chambers.

Motions regarding change of school must be filed before April 1 to take effect before the next school year.

All responses and exhibits must be submitted at least two weeks before the hearing.

Adjournment requests require a stipulated order signed by both sides stating the reason, the scheduled date, and mediation status, with the return date left blank for the Court to fill in.

If the other party's consent cannot be obtained for an adjournment, you must either file a motion or appear for the scheduled hearing.

Judge's copies should be emailed to chambers; filing through the electronic system automatically provides a Judge's copy.

To request a hearing date, email or call the Courtroom after filing the motion; motions are usually heard on Mondays or Thursdays and scheduling is 2-3 months ahead.

Failure to appear may result in dismissal unless the Court is contacted by phone or email before 4 PM on the hearing day with an explanation.

The Court cannot accept substantive ex parte communications or give legal advice; the other party must be CC'd on any non-administrative communication with the Court.

Exhibits must be labeled and sent as individual PDFs or photos; multiple exhibits must not be combined into one document.

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