Judge Melissa A. Cox
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
Motion
Motion, Response, Pretrial Order
Reconsideration Motions
Adjournments
- Request for Adjournment of Settlement Conference should be made at least 1 week in advance. Parties should contact the Court by email at least 1 week in advance. All parties must concur with the proposed adjourned date.
Communication
Chambers
Clerk
Phone
Chambers
Phone
Clerk
Page & Word Limits2 rules
Attorneys need court approval to file a motion, brief, or response exceeding 20 pages, and reply briefs are limited to five pages.
- Motion for attorneys
- Up to 20 pages
- Brief for attorneys
- Up to 20 pages
- Response for attorneys
- Up to 20 pages
- Reply brief
- 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.
Attorneys will be permitted additional time for voir dire, not to exceed 15 minutes.
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 Requirements18 rules
Motions/Orders for Substitution of Counsel must include the following language: "This Substitution does not affect any previously scheduled dates."
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.
Separate default orders shall be submitted for each individual Defendant and must include the full address of service, the proofs of service, and, if applicable, the Order for Alternative Service. If any of these items are not included, the order will be rejected.
- Document
- Default order
Must include
- •Certificate of service
Motions for Alternate Service must 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. Your proposed Order should include the most current address/es discovered by your process server or Lexis Nexis people search.
- Document
- Motion for alternate service
Must include
- •Proposed order
Proposed Joint Jury Instructions and Joint Verdict Form must be provided the Court to on the date of the Pre-Trial Conference via email.
The specific dates of Track 2 must appear in your order with the following language: "All MSD's must be filed no later than 30 days from the date discovery closes or are waived".
Requests for Default(s) shall be submitted using SCAO form MC 07.
- Document
- Default request
Must include
- •SCAO form MC 07
If granted, the specific dates must be listed in your order with the following language: "All MSD's must be filed no later than 30 days from the date discovery closes or are waived."
Every default-judgment motion must attach the four specified exhibits documenting service and the entered default; noncompliant motions will be rejected.
Court's wording
Each Motion for Default Judgment MUST attach the following Exhibits or your Motion will be rejected until it complies: Exhibit A: POS that the Summons and Complaint were timely served on the Defendant and Order for Alternate Service, if applicable. Exhibit B: The Default, entered by the Court Clerk, filed and on the ROA. Exhibit C: POS that the Default was served on the Defendant and this POS must appear on the ROA. Exhibit D. POS that you served this Motion on the Defendant, and it must appear on the ROA. POS must indicate the actual address of service.
For a pro hac vice motion, both attorneys must appear by Zoom, and the court must receive State Bar verification of fee payment and compliance before the hearing.
Court's wording
Motion for Admission Pro Hac Vice: The sponsoring attorney and the proposed admitted attorney must appear via Zoom at the motion 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.
Submit specific, case-relevant proposed voir dire questions by the final pretrial conference date and email them to chambers with the case number and trial date in the subject line.
Court's wording
Jury Selection occurs on Mondays. General Voir Dire is conducted by the Court. The parties must submit their proposed voir dire questions to the Court for its general voir dire use, no later than the date of the Final Pre-Trial Conference. Email a copy to JudgeMACox-Court@3rdcc.org with the case number and trial date included in the subject line of the email. Questions must be specific and relevant to the case.
Submit your Praecipe with your proposed Thursday date after the Motion has been approved for filing. You do not need to reach out to the Court for a date first. The Motion will not be scheduled if a Praecipe is not submitted.
The Plaintiff must be present at the Zoom Hearing to testify to damages in a tort/negligence case.
Motions for Default Judgment must include any relevant documents and an Affidavit of a person with knowledge of the facts and circumstances surrounding the relief requested.
Motions to Adjourn Scheduling Orders are only necessary if moving any date beyond Track 2. The Motion 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.
If this Motion is adjourned for any reason, a new Notice of Hearing with Zoom Instructions and Proof of Service must be filed and appear on the Register of Actions.
- Document
- Notice of hearing
Must include
- •Certificate of service
Title emergency motions “Emergency,” file a praecipe proposing a hearing date, and email chambers a copy with the specified subject line; the court will set the actual date after review.
Court's wording
Emergency Motions: 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 JudgeMACox-Court@3rdcc.org and include "Emergency Motion" with the case name and number in the subject line. Upon review of the emergency motion, the Court will determine an actual hearing date. Please check your accepted Praecipe for the actual hearing date.
An Affidavit from an adjuster knowledgeable about the claim file may be submitted for in a breach of contract case in lieu of the adjuster appearing.
Filing & Service rules
Filing Timing and Cure Windows
Summary-disposition motions must be filed within 30 days after discovery closes under the scheduling order or they are 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
Motion answers are due three business days before the scheduled hearing unless otherwise specified.
Answers to Motions are due 3 business days prior the schedule Motion hearing date unless otherwise specified below.
Civil cases
Motions in limine are generally scheduled with the final pretrial conference and must be filed at least two weeks before that date.
Motions in Limine are generally scheduled with the Final Pre-Trial conference. Motions will need to be filed at least 2 weeks before that date.
Civil cases
Summary-disposition responses are due 10 business days before the hearing, and replies are due three business days before it.
Responses and Replies:Responsesare 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
Submit a praecipe stating the scheduled date and time within three days after receiving the summary-disposition scheduling order.
Praecipes: Submit a Praecipe with the scheduled date and time within 3 days of receipt of the scheduling order.
Civil cases
Within 56 days, the lower-court transcript must be submitted to counsel and electronically filed with the Clerk and chambers; failure to file on time 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 JudgeMACox-Court@3rdcc.org. Failure to timely file a transcript will result in dismissal to the appeal.
Civil cases
Service and Proof of Service Rules
After approval of a default request, serve the defendant with the default and file proof of service appearing on the Register of Actions before filing and scheduling a default-judgment motion.
If your Default request is approved, you must serve the Defendant with the Default and file a Proof of Service which must appear on the Register of Actions before a Motion for Default Judgment can be filed and scheduled.
Civil cases
Service must comply with MCR 2.105; individuals must receive personal service or sign the receipt, and certified mail alone is insufficient for corporations.
Please refer and adhere to MCR 2.105 for proper service. For individuals, the Defendant must be the one to receive personal service or sign the return receipt. Return receipts that serve process on someone other than the Defendant does not constitute proper 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
Courtesy Copy Requirements
After clerk approval, email a Judge’s Copy of the motion; its exhibits may total no more than 20 pages, must be necessary and highlighted, and full exhibits remain attached to the filed motion.
Submit a "Judge's Copy" to JudgeMACox-Court@3rdcc.org, after the Motion has been approved by the Clerk's Office. Exhibits attached to the Judge’s Copy are limited to 20 pages in total. Attach only Exhibits that are necessary to support your claims. Do not submit full transcripts, contracts, etc. with the Judge’s Copy. Highlight within them what pertains to your case. Full exhibits should still be attached to the filed Motion.
Civil cases
For rehearing or reconsideration motions, the moving party must notify the Clerk and provide chambers a Judge’s Copy; otherwise, the court will not receive notice of filing.
Motions for Rehearing or Reconsideration: Pursuant to MCR 2.119(F), the moving party must notify the Court Clerk of the Motion filing and provide a Judge's Copy to JudgeMACox-Court@3rdcc.org. The Court will not receive notice that this type of motion has been filed unless the attorney notifies the Clerk and provides a Judge's Copy.
Civil cases
After filing a summary-disposition motion, email chambers a Judge’s Copy with no more than 20 pages of necessary, highlighted exhibits; complete exhibits remain attached to the filed motion.
Motions: Submit a "Judge's Copy" to JudgeMACox-Court@3rdcc.org after the Motion has been filed. Exhibits attached to the Judge’s Copy are limited to 20 pages in total. Attach only Exhibits that are necessary to support your claims. Do not submit full transcripts, contracts, etc. with the Judge’s Copy. Highlight within them what pertains to your case. Complete exhibits should still be attached to the filed Motion.
Civil cases
After clerk approval of the response, email chambers a Judge’s Copy with no more than 20 pages of necessary, highlighted exhibits; complete exhibits remain attached to the filed response.
After the responsive pleading has been approved by the Clerk's Office, submit a "Judge's Copy" to JudgeMACox-Court@3rdcc.org. Exhibits attached to the Judge’s Copy are limited to 20 pages in total. Attach only Exhibits that are necessary to support your claims. Do not submit full transcripts, contracts, etc. with the Judge’s Copy. Highlight within them what pertains to your case. Complete exhibits should still be attached to the filed Response.
Civil cases
A summary-disposition motion will not be scheduled until chambers receives a compliant Judge’s Copy; after review, the court will set a date and issue a scheduling order.
The Motion will not be scheduled until a Judge's Copy that complies with the above is received. Once the Motion has been reviewed, the Court will give you a date and issue a Summary Disposition Scheduling Order.
Civil cases
After clerk approval, email a Judge’s Copy of the answer with no more than 20 pages of necessary, highlighted exhibits; full exhibits remain attached to the filed answer.
After the Answer has been approved by the Clerk's Office, submit a "Judge's Copy" to JudgeMACox-Court@3rdcc.org. Exhibits attached to the Judge’s Copy are limited to 20 pages in total. Attach only Exhibits that are necessary to support your claims. Do not submit full transcripts, contracts, etc. with the Judge’s Copy. Highlight within them what pertains to your case. Full exhibits should still be attached to the filed Answer.
Civil cases
Judge’s Copies of motions, responses, pretrial orders, and similar documents should be emailed to chambers under the stated protocols.
THIS IS AN ELECTRONIC COURTROOM. Judge's Copies of all Motions, Responses, Pre-Trial Order, etc. should be emailed to JudgeMACox-Court@3rdcc.org pursuant to the protocol below.
Civil cases
Pre-Motion Conference Requirements
Motions concerning expert credentials or Daubert issues are treated as summary-disposition motions and must follow that motion’s scheduling and procedural requirements.
Any Motion concerning expert witness credentials or Daubert related issues is considered a Motion for Summary Disposition and must be scheduled accordingly and comply with the aforementioned protocol on Summary Disposition Motions.
Civil cases
Counsel must discuss motions to compel and other discovery motions with opposing counsel before filing.
Motions to Compel and Other Discovery Motions must be discussed with opposing counsel prior to filing.
Civil cases
Rehearing or reconsideration motions receive no oral argument unless the court gives notice otherwise.
No oral argument is provided, unless notified by the Court.
Civil cases
Adjournment & Extension Requirements
Adjournment requests other than Track 1-to-Track 2 requests require a motion and are not routinely granted.
All other requests for adjournments require a motion and will not be routinely granted.
Civil cases
Request for Adjournment of Settlement Conference should be made at least 1 week in advance. Parties should contact the Court by email at least 1 week in advance. All parties must concur with the proposed adjourned date.
Request for Adjournment of Settlement Conference should be made at least 1 week in advance. Parties should contact the Court by email at least 1 week in advance. All parties must concur with the proposed adjourned date.
Civil cases
A Track 1-to-Track 2 adjournment does not require a motion and may be made by party stipulation.
Requests to Adjourn from Track 1 to Track 2 do not require a Motion and may be done by stipulation of the parties.
Civil cases
The parties may stipulate to one motion adjournment; if they cannot proceed on the adjourned date, the motion will be dismissed but may be refiled.
Parties may stipulate to one adjournment of a Motion. 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
Parties may stipulate to one adjournment of a summary-disposition motion; if they cannot proceed on the adjourned date, it will be dismissed but may be refiled if it meets the scheduling-order deadlines.
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
Chambers Communication Rules
Check Odyssey Public Access before asking chambers about filing status; direct filing-issue questions to the County Clerk using the listed email or phone number.
Check Odyssey Public Access before contacting the Courtroom with questions about filings. If a document is not on the Register of Actions, the Clerk's office has not processed it. Contact the Wayne County Clerk's office at helpdesk@3rdcc.org or 313-224-5510 with any questions regarding filing issues.
Civil cases
A moving party seeking to withdraw or dismiss a motion must email chambers as soon as possible.
To withdraw a Motion/request dismissal of Motion, the moving party must email JudgeMACox-Court@3rdcc.org as soon as possible.
Civil cases
Emails to the court must include the hearing date and case number in the subject line.
When emailing, include your date of hearing and case number in the subject line.
Civil cases
All communications must state the hearing date and case number in the subject line, and physical copies will not be accepted.
Include date of hearing and case number in the subject line of all communications. WE WILL NOT ACCEPT PHYSICAL COPIES.
Civil cases
Email is the preferred method for all inquiries to the court.
The preferred method of communication for all inquiries is to email JudgeMACox-Court@3rdcc.org.
Civil cases
If email does not resolve an inquiry, callers may call chambers and leave identifying information and a brief message if the judge is unavailable.
If your inquiry isn't satisfied via email, you may call 313-224-0121. If she is unavailable, include your name, phone number, case number and brief message.
Civil cases