Judge Helal A. Farhat
Individual Rules, Standing Orders & Policies
Limits & Logistics
Courtesy Copies
Emergency Motions
- Email • Upon Filing
Communication
Chambers
Document Filing Requirements15 rules
Any motions regarding spousal support must address the factors set out at Sparks v Sparks, 440 Mich 141; 485 NW2d 893 (1992) with specificity.
Each party’s witness list should include the names, addresses and telephone numbers of each witness and a summary of the witness’s anticipated testimony.
The motion is given a hearing date when an epraecipe is submitted.
Ex parte orders require submission of an affidavit or verified pleading establishing a proper basis and alleging sufficient facts.
Court's wording
MCR 3.207 requires that the moving party submit an affidavit or verified pleading that establishes a proper basis for the entry of an Ex Parte Order. The affidavit or verified pleading must allege sufficient facts to justify issuance of the Ex Parte Order, which should mirror the verified allegations.
A motion or response which presents an issue of law must be accompanied by a brief citing the authority on which it is based pursuant to MCR 2.119(A)(2).
Change of domicile motions must address the factors set out at MCL 722.31.
All cases in which child support will be determined will require that the parties submit a child support recommendation based on the most current Michigan Child Support Formula.
Emergency motions must have written approval from the Judge before they will be given an expedited hearing date.
Always attach a copy of the current support, custody, or parenting time Order to the Motion.
Objections to referee recommendations must attach the Recommended Order, and include calculations if objecting to child support recommendations.
Court's wording
Please attach to your Objection and Request for De Novo review a copy of the Recommended Order to which you are objecting. If you are objecting to a recommendation regarding child support, please also attach the calculations provided by the Friend of the Court/Referee.
Court expects that represented parties prepare a hand-written or typed order immediately after the conclusion of a hearing.
Attorneys must file an appearance in all cases, and a separate appearance is required to receive electronic notifications.
Court's wording
courtroom. Appearances: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.
MCR 3.606 requires that an ex parte motion alleging contempt be supported by an affidavit. No orders to show cause will be granted without supporting affidavits.
Further, all motions should include supporting documents as to the issue of needs/ability to pay.
Unrepresented litigants must wait for the court/staff to provide a written order.
Filing & Service rules
Electronic Filing Rules
Emergency motions should be filed in the Clerk’s office and then the Judge’s copy should be emailed to the courtroom.
Emergency motions should be filed in the Clerk’s office and then the Judge’s copy should be emailed to the courtroom.
Page 1 | Motion Practice
Filing Timing and Cure Windows
Witness lists must be exchanged at least 14 days before trial, unless the Trial Scheduling Order says otherwise.
Witness lists must be exchanged no later than 14 days before the trial unless the Trial Scheduling Order indicates otherwise.
Page 1 | Trial Practice
Responses are generally due three business days prior to the hearing.
Response due date: Generally, three (3) business days prior to hearing.
Page 1 | Motion Practice
Trial briefs are due one week before trial, unless the Trial Scheduling Order indicates otherwise.
Trial briefs are due one week in advance of trial, unless a Trial Scheduling Order indicates otherwise.
Page 1 | Trial Practice
Motions in limine must be heard at least 2 weeks before trial, unless the Trial Scheduling Order indicates otherwise.
Motions in limine: Must be heard at least 2 weeks prior to the trial date, unless a Trial Scheduling Order indicates otherwise.
Page 1 | Trial Practice
Courtesy Copy Requirements
then the Judge’s copy should be emailed to the courtroom
then the Judge’s copy should be emailed to the courtroom
Page 1 | Motion Practice
Pre-Motion Conference Requirements
Counsel must communicate the requested relief to opposing counsel prior to filing any motion; failure may result in attorney fees or sanctions.
COUNSEL MUST COMMUNICATE THE REQUESTED RELIEF TO OPPOSING COUNSEL PRIOR TO FILING MOTION. Failure to do so will result in court granting attorney fees and/or sanctions.
Page 1 | Motion Practice
Adjournment & Extension Requirements
Parties may submit a Stipulated Order to Adjourn or a Motion to Adjourn, noting who is requesting adjournment and the reason for adjournment.
Parties may submit a Stipulated Order to Adjourn or a Motion to Adjourn, noting who is requesting adjournment and the reason for adjournment.
Page 1 | Settlement/Case Management Conference Procedure
Chambers Communication Rules
If an interpreter/translator is needed, the party or counsel must contact the court one week before the next hearing and specify the need and language.
If a party requires an interpreter/translator, the party or counsel for said party must contact the court one (1) week prior to the next hearing date and advise of the need for an interpreter/translator and the language required.
Page 1 | INTERPRETERS/TRANSLATORS
Do not call the courtroom for a motion date; email JudgeFarhat-Court@3rdcc.org instead.
Please do not call the courtroom for a motion date. Court Staff will instruct you to email JudgeFarhat-Court@3rdcc.org.
Page 1 | Motion Practice
Adjournment requests must be made by email (not telephone) to obtain available dates before submitting an adjournment order.
Adjournment requests will not be accepted via telephone. Please email the courtroom for available dates before submitting the order.
Page 1 | Settlement/Case Management Conference Procedure