Judge Kevin J. Cox
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 1 copy • At Least One Week Prior to Hearing
- Upon Filing
Motion, Response
- 1 copy • As Soon as Practicable After Filing
Communication
Chambers
Page & Word Limits1 rule
Reply briefs are permitted, but must be no longer than 10 pages, exclusive of attachments/exhibits. Replies must be filed and served at least 3 days prior to a hearing.
- Reply
- Up to 10 pages
Excluded from page count
- •Attachments
- •Exhibits
Document Format Requirements2 rules
MCR 2.119(A)(2) is also strictly enforced as written as to form and typography.
All motions MUST be set forth in separately numbered paragraphs, limited as far as practicable to a single assertion. See MCR 2.113(B).
Document Filing Requirements7 rules
The moving party must submit a proposed order under the specified Mi-filing code, with the motion and all supporting materials attached as a single document, not as connected filings.
Court's wording
After such motion is filed with supporting materials attached, the moving party must subsequently submit a proposed order(s) under the Mi-filing code: 'ORDER/JUDGMENT ACCEPTED-WAITING FOR JUDGE'S SIGNATURE.' HOWEVER, THE PROPOSED ORDER FOR SIGNATURE MUST HAVE THE MOTION AND ALL SUPPORTING MATERIALS ATTACHED TO THE PROPOSED ORDER AND THUS SUBMITTED AS A SINGLE DOCUMENT. DO NOT USE 'CONNECTED FILING(S)'.
Judge Kevin J. Cox requires that all proposed stipulated orders removing a case from Case Evaluation in favor of private facilitation should be submitted at least twenty-one ('21') days before a currently scheduled Case Evaluation, and must also explicitly state each of the following, and as numbered (1-9) below:
A motion for alternate service or a second summons must include documentation (typically an affidavit) showing how and why at least three attempts at traditional service failed.
Court's wording
Judge Kevin J. Cox requires motion(s) be filed for alternate service (and)/or a second summons. Although no hearing is required, Judge Cox generally requires the motion include documentation (typically an affidavit) showing how and why at least three ('3') attempts at traditional service have failed, before alternate service and/or a second summons will be allowed.
MOTIONS AND RESPONSES SHALL CITE TO EXHIBITS/RECORD WITH PARTICULARITY. SPECIFIC PAGES AND/OR LINE NUMBERS SHALL THUS BE IDENTIFIED AND SET FORTH IN THE MOTION/RESPONSE.
The moving party must ascertain whether a contemplated motion will be opposed. The motion must affirmatively state that the concurrence of counsel in the relief sought has been requested on a specified date, and that concurrence has been denied or has not been acquiesced in, and hence, that it is necessary to present the motion.
A Joint Final Pre-Trial Order must be timely entered, typically by Plaintiff, and failure to do so may result in dismissal or default.
Court's wording
Is a final pretrial stipulation and order required? Yes, and Plaintiff(s) are typically responsible for timely entry of the Joint Final Pre-Trial Order, unless stated otherwise in the court's Trial Order. FAILURE TO TIMELY ENTER THE JOINT FINAL PRETRIAL ORDER MAY RESULT IN DISMISSAL/DEFAULT. If Defendant(s) are non-cooperative, Plaintiff(s) shall timely submit their portion, and shall file a motion for default/sanctions against non-cooperating Defendant(s).
All notices must contain Zoom connection information: Zoom available thru "Virtual Hearing" for Judge Kevin J. Cox here: http://3rdcc.org/courtroom-zoom-info
Filing & Service rules
Electronic Filing Rules
Praecipe must be submitted through the 3rd Circuit court website after the filing is entered.
SUBMIT PRAECIPE THRU COURT WEBSITE AFTER FILING IS ENTERED USING:HTTPS://WWW.3RDCC.ORG/EFILING/EPRAECIPE
Civil cases
Page 1
The moving party must submit an electronic praecipe for a summary disposition hearing at the date and time in the scheduling order, and only after that order is issued.
Is a praecipe required? Yes, the moving party must submit an electronic praecipe through the Third Circuit Court's website requesting a hearing at the date and time set forth in the court's summary disposition scheduling order. Do NOT submit a praecipe until the court has issued such scheduling order.
Civil cases
Page 1 | MOTIONS FOR SUMMARY DISPOSITION - POLICY & PROCEDURE
Filing Timing and Cure Windows
Reply briefs must be filed and served at least 3 days before the hearing.
Reply briefs are permitted, but must be no longer than 10 pages, exclusive of attachments/exhibits. Replies must be filed and served at least 3 days prior to a hearing.
Civil cases
Page 1 | MOTION PRACTICE - GENERALLY
All motions for summary disposition must be filed within 30 days of the close of discovery, effective March 4, 2025.
Yes; effective March 04, 2025, all motions for summary disposition shall be filed within thirty ('30') days of the close of discovery. See MCR 2.401(B)(2)(a)(ii).
Civil cases
Page 1 | MOTIONS FOR SUMMARY DISPOSITION - POLICY & PROCEDURE
An untimely written response to a motion may result in the motion being treated as unopposed.
If a written response to a motion is not timely filed as provided, the Court may treat the motion as unopposed.
Civil cases
Page 1 | MOTION PRACTICE - GENERALLY
Summary disposition timing under MCR 2.116(G) is strictly enforced; an untimely opposition may result in the motion being treated as unopposed.
The timing requirements set forth in MCR 2.116(G) are strictly enforced. Failure to file a timely response in opposition may result in the motion being treated as unopposed.
Civil cases
Page 1 | MOTIONS FOR SUMMARY DISPOSITION - POLICY & PROCEDURE
The timing requirements of MCR 2.116(G) and MCR 2.119(C) are strictly enforced.
The timing requirements set forth in both MCR 2.116(G) and MCR 2.119(C) are strictly enforced.
Civil cases
Page 1 | MOTION PRACTICE - GENERALLY
Courtesy Copy Requirements
Deliver a time-stamped judge's copy to the courtroom at least one week before the requested hearing date; the praecipe will not be accepted until the judge's copy is received.
After a motion or objection is filed, the proposed hearing date must be accepted by the Court by submitting a praecipe thru the 3rd Circuit's website at: https://www.3rdcc.org/efiling/epraecipe Send/deliver a hard (print) TIME STAMPED Judge's Copy to the Courtroom at least one week prior to the requested hearing date. A praecipe will not be accepted until a TIME STAMPED Judge's Copy is received.
Civil cases
Page 1 | MOTION PRACTICE - GENERALLY
No. Judge Cox's court follows MCR 2.116(G)(1)(c). YES. A hard/print TIME STAMPED copy of all motions and responses (including brief and any affidavits) must be provided to the courtroom after filling, as soon as practicable. This TIME STAMPED judge's copy must be clearly marked JUDGE'S COPY on the cover sheet. MCR 2.116(G)(1)(c).
Is a Judge's Copy required? No. Judge Cox's court follows MCR 2.116(G)(1)(c). YES. A hard/print TIME STAMPED copy of all motions and responses (including brief and any affidavits) must be provided to the courtroom after filling, as soon as practicable. This TIME STAMPED judge's copy must be clearly marked JUDGE'S COPY on the cover sheet. MCR 2.116(G)(1)(c).
Civil cases
Page 1 | MOTIONS FOR SUMMARY DISPOSITION - POLICY & PROCEDURE
A time-stamped judge's copy of every motion, response, and reply must be delivered to the courtroom promptly upon filing.
A full and complete TIME STAMPED Judge's Copy (hard/print) of all motions (including reconsideration), responses, and permitted replies, MUST be promptly sent/delivered to the courtroom upon filing. MCR 2.119(A)(2).
Civil cases
Page 1 | MOTION PRACTICE - GENERALLY
No judge's copy of any kind is required or desired; parties should not mail or deliver documents.
Absolutely no judge's copy of any kind is required (or desired); the court follows MCR 2.116(G)(1)(c) and MCR 2.119(A)(2)(d). PLEASE DO NOT MAIL/DELIVER ANY DOCUMENTS.
Civil cases
Page 1
Adjournment & Extension Requirements
Stipulations may adjourn scheduling order dates up to track #2, but any adjournment of case evaluation beyond track #2 requires a motion and a scheduled hearing.
JUDGE COX CURRENTLY ALLOWS STIPULATIONS TO ADJOURN SCHEDULING ORDER DATES TO TRACK #2. A MOTION MUST BE FILED AND A MOTION HEARING SCHEDULED FOR ANY ADJOURNMENT REQUEST OF CASE EVALUATION BEYOND TRACK #2.
Civil cases
Page 1 | Pretrial Stipulations and Requirements
Adjournments of summary disposition hearings are strongly discouraged; the moving party may seek approval by emailing the judicial attorney, and if approved a re-notice of hearing must be filed, while non-moving parties must request adjournment by motion.
Requests for adjournment of scheduled summary disposition hearings are STRONGLY DISCOURAGED, particularly when requested within the same week set for hearing (as the Court has thus already expended considerable time and effort reviewing the filings). Nonetheless, the moving party may email the court's Judicial Attorney to seek approval of a later hearing date. If approved, a re-notice of hearing must be filed. Requests for adjournment by a non-moving party must be by motion.
Civil cases
Page 1 | MOTIONS FOR SUMMARY DISPOSITION - POLICY & PROCEDURE
Chambers Communication Rules
Counsel withdrawing a summary disposition motion must immediately contact the judicial attorney once it is apparent the hearing will not proceed.
Withdrawals of motions for summary disposition are thus permitted, however counsel for the moving party SHALL immediately contact the court's Judicial Attorney once it is apparent a hearing will not proceed. Late withdrawals of motions for summary disposition are extremely discouraged, as they needlessly consume already limited judicial resources.
Civil cases
Page 1 | MOTIONS FOR SUMMARY DISPOSITION - POLICY & PROCEDURE
Non-appearance on a summary disposition motion without contacting the judicial attorney may result in monetary sanctions against counsel.
Non-appearance on a motion for summary disposition without contacting the court's Judicial Attorney may subject the moving party's counsel to monetary sanctions. See MCR 2.119(E)(4)(b).
Civil cases
Page 1 | MOTIONS FOR SUMMARY DISPOSITION - POLICY & PROCEDURE
For summary disposition motions, email the judicial attorney to request a hearing, but only after the motion has been accepted for filing.
Mi-file motion with notice of hearing as a date and time to be determined by the Court. After filing, email the court's Judicial Attorney at brian.hodgman@3rdcc.org to request a hearing. Do NOT email the Judicial Attorney until the motion has been accepted for filing by the Mi-filing system. ***EXPECT CONSIDERABLE DELAYS DUE TO BACKLOG***.
Civil cases
Page 1 | MOTIONS FOR SUMMARY DISPOSITION - POLICY & PROCEDURE