Judge Kathleen M. McCarthy
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Emergency Motions
- Email • Upon Filing
Motion
- Email • Upon Filing
Motion for Summary Disposition
Adjournments
- Settlement conference adjournment requests must be made by email at least 1 week in advance, and all parties must concur on the proposed adjourned date.
Communication
Chambers
Phone
Clerk
Page & Word Limits4 rules
Motions, briefs and responses over 20 pages require court approval; reply briefs are limited to 5 pages.
- Brief for attorneys
- Up to 20 pages
- Reply brief for attorneys
- Up to 5 pages
Court's wording
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, Brief or Response exceeding 20 pages. Reply briefs are limited to 5 pages.
Exhibits on the emailed Judge Copy for summary disposition motions are limited to 20 pages total and must be highlighted.
- Judges copy
- Up to 20 pages
Court's wording
The Exhibits attached to the emailed "Judge Copy" are also limited to 20 pages in totality. Each Exhibit must be properly highlighted with the language/deposition testimony you wish the Court to review in support of your Motion/Response. Otherwise, it will be returned to you.
Exhibits submitted with the emailed "Judge's Copy" are limited to 20 pages in total.
- Judges copy
- Up to 20 pages in total
E-mailed "Judge's Copy" Exhibits are limited to 20 pages in total. You may include whatever you wish with regard to Exhibits and pages on the original Motion/Response filed with the Clerk's Office.
- Judges copy
- Up to 20 pages in total
Document Format Requirements1 rule
A tabbed binder of all Exhibits to be presented to the Jury must be provided to the Court on the morning of Trial.
Document Filing Requirements16 rules
Emergency motions must be titled 'Emergency', filed with a praecipe with a proposed hearing date, and emailed to chambers with an 'Emergency Motion' subject line.
Court's wording
When filing an emergency motion, please make sure to title your motion "Emergency". File a praecipe with your emergency motion with a proposed hearing date. Email a copy of the emergency motion to judgemccarthy-court@3rdcc.org and put "Emergency Motion" with the case name and number in the subject line.
Proposed Joint Jury Instructions and Joint Verdict Form: Must be provided the Court to on the date of the Pre-Trial Conference via email.
Required: 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 and paid for upon filing, if
Default requests must use SCAO form MC 07 with a separate order per defendant listing the address of service, and must include proofs of service and any alternate-service order.
Court's wording
Requests for Default/s shall be submitted using SCAO form MC 07. Separate default orders shall be submitted for each individual Defendant, with full address of service listed, or the order will be rejected. In addition, your Default must include the proof/s of service and the order for alternate service, if any.
Motions for rehearing or reconsideration require notifying the Court Clerk and providing a Judge's Copy to chambers for review.
Court's wording
Pursuant to MCR 2.119(F)-Notify Court Clerk if being filed and provide a Judge's Copy to JudgeMcCarthy-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.
Motions for Alternate Service must be accompanied by a process-server affidavit of 3 attempts, a post office check, and a Lexis/Nexis people search.
Court's wording
This Court requires that any Motions for Alternate Service be accompanied by an Affidavit from a Process Server of 3 appropriate attempts at service, a post office check on the address and a lexis/nexis people search with the request for alternate service.
Each Motion for Default Judgment MUST attach the following Exhibits or your Motion will be rejected and not scheduled until it is in compliance.
Parties must submit proposed voir dire questions to the Court by the Final Pre-Trial Conference.
Court's wording
The parties must submit their proposed voire dire questions to the Court for its general voire dire use, no later than the date of the Final Pre-Trial Conference. Email a copy to JudgeMcCarthy-Court@3rdcc.org with the case number and trial date. Questions must be specific and relevant to the case.
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.
Highlight what pertains to your case.
Include
- •Highlight what pertains to your case
The Order for Substitution must include the following language: "This Substitution does not affect any previously scheduled dates."
Motions to adjourn scheduling orders must include the current scheduling order and list all relevant dates in the body of the motion.
Court's wording
Must include a copy of the original/current scheduling order and list all relevant dates (including the filing date) in the body of the Motion. The Court does NOT need a copy of any other pleadings attached to these Motions.
ALL Videos or electronic evidence is to be E-mailed to the above address VIA A LINK, followed up by an email to advise it has been sent.
Do not cite to or include UNPUBLISHED cases to support your argument. They are NOT BINDING precedent.
A praecipe with a proposed hearing date must be submitted; counsel must review the returned date and file a corrected Notice of Hearing if needed.
Court's wording
with the Clerk's Office. Praecipe - Submit with your proposed Thursday date. The Clerk will change that date, if necessary. Be sure to review your returned Praecipe for the correct date and time. Send to opposing counsel and file a corrected Notice of Hearing, if necessary, with
Be sure to include your date of hearing and case number in the subject line.
Filing & Service rules
Electronic Filing Rules
The courtroom is fully electronic; copies of all motions, responses and pre-trial orders must be emailed to chambers.
THIS IS A COMPLETELY ELECTRONIC COURTROOM. Email a copy of all Motions, Responses, Pre-Trial Orders, etc. to JudgeMcCarthy-Court@3rdcc.org.
Civil cases
Page 1 | COURT COMMUNICATIONS
Filing Timing and Cure Windows
Answers to motions are due 3 business days before the scheduled motion date.
Answers are due 3 business days before the scheduled Motion date (Monday before Thursday hearing)
Civil cases
Page 1 | Motion Practice
The lower court transcript must be submitted and electronically filed within 56 days; failure 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 JudgeMcCarthy-Court@3rdcc.org. - Failure to timely file a transcript will result in dismissal to the appeal.
Civil cases
Page 1 | Documents Required
Motions in limine must be timely filed and scheduled (generally 2 weeks before trial); failure prohibits raising the issue at trial.
All Motions in Limine shall be heard on this date. Failure to timely file and schedule a proper Motion will prohibit the issue being raised at Trial.
Civil cases
Page 1 | MOTIONS IN LIMINE
Summary disposition motions must be filed within 30 days of close of discovery per the scheduling order or they are deemed waived.
Summary disposition motions MUST be filed within (30) days of the date that discovery is closed per the scheduling order or are deemed waived.
Civil cases
Page 1 | Motion for Summary Disposition Procedure
Answers to summary disposition motions are due 10 business days before the hearing; replies are due 3 business days before.
Answers are due 10 business days prior to the scheduled Hearing date for Motions for Summary Disposition and replies are due 3 business days prior.
Civil cases
Page 1 | Answers
Service and Proof of Service Rules
After a default is granted, the defendant must be served with the default and a proof of service must be filed on the ROA before moving for default judgment.
If your Default request is granted, you must serve the Defendant with the Default and file a Proof of Service, that must appear on the ROA before a Motion for Default Judgment can be filed and scheduled.
Civil cases
Page 1 | Default/Affidavit of Default
Personal service is required for individuals under MCR 2.105, and certified/mail alone is not proper service on a corporation.
Please refer to MCR 2.105 for proper service. Personal service is required for individuals. Return receipts that serve process on other named individuals does not constitute personal service under the court rule, without an Order for Alternate Service. Service on Corporations is also governed by MCR 2.105. Sending Certified/Mail alone on a corporation does not constitute proper service.
Civil cases
Page 1 | Default/Affidavit of Default
Filing Fees and Waivers
Pro hac vice admission requires verification from the State Bar of Michigan that all fees are paid and requirements met before the hearing.
In addition, the Court must have received verification from the State Bar of Michigan that all fees have been paid, and all requirements have been complied with prior to hearing.
Civil cases
Page 1 | Motions for Admission Pro Hac Vice
Courtesy Copy Requirements
A copy of an emergency motion must be emailed to chambers with an 'Emergency Motion' subject line upon filing.
Email a copy of the emergency motion to judgemccarthy-court@3rdcc.org and put "Emergency Motion" with the case name and number in the subject line.
Civil cases
Page 1 | Emergency motions
A Judge's Copy of motions must be emailed to chambers upon filing, attaching only the exhibits necessary to support the claims.
Submit a "Judge's Copy" to JudgeMcCarthy-Court@3rdcc.org, upon filing with the Clerk's Office. Attach to the emailed "Judges Copy" only those Exhibits that are necessary to support your claims.
Civil cases
Page 1 | Motion Practice
For summary disposition motions, a Judge Copy must be emailed to chambers (no hard copies dropped off) and video evidence submitted via electronic link.
Email a "Judge Copy" to JudgeMcCarthy-Court@3rdcc.org. Do not drop off hard copies to my courtroom. Video evidence is to be submitted via electronic link to the above email.
Civil cases
Page 1 | Motion for Summary Disposition Procedure
Pre-Motion Conference Requirements
Attorneys must discuss motions to compel and other discovery motions with opposing counsel before filing.
Attorneys must discuss these Motions with opposing counsel prior to filing.
Civil cases
Page 1 | Motions to Compel and Other Discovery Motions
Adjournment & Extension Requirements
Settlement conference adjournment requests must be made by email at least 1 week in advance, and all parties must concur on the proposed adjourned date.
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 | Adjournment of Settlement Conference
All other adjournment requests require a motion and will not be routinely granted.
All other requests for adjournments may only be adjourned by way of Motion and will not be routinely granted.
Civil cases
Page 1 | Status Conference Procedure
Parties may stipulate to one adjournment of a motion; if they cannot proceed after the adjourned date, 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 | Adjournment of Motion
Parties may stipulate to one adjournment of a summary disposition motion; otherwise the motion is dismissed but may be refiled if it meets scheduling-order time standards.
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, provided it meets time standards set forth in the Scheduling Order.
Civil cases
Page 1 | Adjournment of Motion for Summary Disposition
Adjourning a case from Track I to Track II requires no motion and may be done by stipulation of the parties.
Requests to Adjourn from Track 1 to Track II do not require a Motion and may be done by stipulation of the parties.
Civil cases
Page 1 | Status Conference Procedure
Chambers Communication Rules
If the protocol does not answer a question, counsel may call the Court Clerk at 313-224-5481 and leave a message that will be returned within 24 hours.
If your question isn't answered by this Protocol, call 313-224-5481 to speak with the Court Clerk. If she is unavailable, include your name, phone number, case number and brief message. Your call will be returned within 24 hours.
Civil cases
Page 1 | COURT COMMUNICATIONS
The preferred way to reach chambers with questions is to email JudgeMcCarthy-Court@3rdcc.org.
The preferred method of communication for all questions is to email JudgeMcCarthy-Court@3rdcc.org.
Civil cases
Page 1 | COURT COMMUNICATIONS