Judge Patricia P. Fresard
Individual Rules, Standing Orders & Policies
Limits & Logistics
Courtesy Copies
Brief
- Upon Filing
Adjournments
- The parties may adjourn the settlement conference only by stipulation, no later than two weeks after the currently scheduled conference, and must email confirmation of the new date.
- Parties seeking facilitation should schedule it and contact the Court as soon as possible; the Court will not adjourn a settlement conference by more than three weeks for facilitation.
Communication
Chambers
Document Filing Requirements17 rules
Include the deadline to complete discovery, the date to complete the ADR process, and the name of the facilitator/mediator.
All 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.
If the parties seek to conduct additional voir dire, the parties must stipulate to the length of time to conduct the voir dire.
__Notice of hearing including Zoom information served and filed
The moving party shall file a notice of hearing and a praecipe.
On the date of trial, the parties must submit a flash drive with the jury instructions and the verdict form and also produce hard copies of each for the Court and the jury.
7. Exhibits. The parties must list with appropriate identification each exhibit (Plaintiff(s)’ using numbers and Defendant(s)’ using letters), including summaries.
The parties must submit requested jury instructions and a verdict form, then provide them on trial day on a zip drive and in hard copies for the judge and all jurors.
Court's wording
9. Final Jury Instructions and Verdict Form. The parties must submit requested jury instructions and a verdict form. On the date of trial, the parties must submit a zip drive with all jury instructions and a verdict form ad must provide hard copies for the judge and all jurors.
Stipulated orders must identify the ADR process to be used.
Proposed Jury Instructions and the Verdict Form must be provided to the Court at the final pre-trial conference.
6. Witnesses. Each party shall list all witnesses, a synopsis of their testimony, the order of the witnesses, and the anticipated length of time for direct and cross examination. Except as permitted by the Court for good cause a party may not list a witness unless the witness was included on a witness list submitted under a prior order or has been deposed.
State that the ADR process shall be completed no later than 60 days after the close of discovery.
Only listed exhibits will be considered for admission at trial, except for rebuttal exhibits which could not be reasonably anticipated before trial, or except for good cause shown.
Additional requirements: All motions to adjourn dates must include a copy of the scheduling order and list all relevant dates (including the filing date) in the body of the motion.
The attorneys must have their calendars with them as the Court sets the trial date and any further settlement conferences at the time of the settlement conference.
IT IS FURTHER ORDERED that visual aids, if any, must be set up by 8:30 a.m. on the date of trial. Attorneys must bring their own stickers for marking exhibits to trial.
The parties are encouraged to and may submit proposed voir dire questions.
Filing & Service rules
Filing Timing and Cure Windows
Stipulated orders for an alternative ADR process must be filed within 120 days of the first responsive pleading.
Stipulated orders must be filed within 120 days of the first responsive pleading.
Civil cases
Page 1 | Adjournment of Case Evaluation
Summaries and supporting documents are due within 7 days of the hearing.
Submission of summary and supporting documents shall be due within 7 days of the hearing.
Civil cases
Page 1 | Adjournment of Case Evaluation
Filing summaries within 24 hours of the hearing subjects the offending attorney or party to an additional $150 penalty.
Summaries filed within 24 hours of the hearing subjects the offending attorney or party to an additional $150.00 penalty.
Civil cases
Page 1 | Adjournment of Case Evaluation
An attorney or party who fails to file summaries within 7 days is subject to a $150 penalty.
Failure to timely filed summaries within 7 days subjects offending attorney or party to a $150.00 penalty.
Civil cases
Page 1 | Adjournment of Case Evaluation
Summary disposition motions must be filed under the Court Rules and heard no later than 60 days before trial.
Motions for Summary Disposition must be filed in accordance with the Court Rules and must be HEARD no later than 60 days prior to the dates set for trial.
Civil cases
Page 1 | Motion for Summary Disposition Procedure
Service and Proof of Service Rules
Responses, briefs, and replies must be filed and served as required by MCR 2.116(G)(1)(a).
Responses (including briefs) and replies must be filed and served in accordance with MCR 2.116(G)(1)(a).
Civil cases
Page 1 | Motion for Summary Disposition Procedure
Proof of service of the notice of hearing must be filed.
__Proof of service of notice of hearing filed
Civil cases
Page 1 | Checklist for Motions for Default Judgment
The motion for default judgment must be served seven days before the hearing.
__Motion for default judgment served 7 days prior to hearing
Civil cases
Page 1 | Checklist for Motions for Default Judgment
Courtesy Copy Requirements
The parties must file a joint trial brief by the stated date and provide a judge’s copy to the Court.
IT IS FURTHER ORDERED that by __________________, Plaintiff and Defendant shall file a joint trial brief that includes the following, and shall provide a judge’s copy to the Court:
Civil cases
Page 1 | FINAL PRE-TRIAL ORDER
Adjournment & Extension Requirements
By party agreement, oral arguments may be moved within one week of the original date but may not be heard later than six months after filing.
Upon agreement of the parties, oral arguments may be moved within a week of the originally scheduled arguments. However, oral arguments will NOT be heard later than six months after the filing date.
Civil cases
Page 1 | Appeals
The parties may adjourn the settlement conference only by stipulation, no later than two weeks after the currently scheduled conference, and must email confirmation of the new date.
Adjournment of settlement conference: Only upon stipulation of the parties and NO LATER than two weeks after the currently scheduled settlement conference. The parties must email confirmation of the new date.
Civil cases
Page 1 | Settlement Conference Procedure
The ADR process must be completed by the scheduled case evaluation date unless an extension has been requested.
The ADR process shall be completed on or before the date scheduled for case evaluation unless an extension has been requested.
Civil cases
Page 1 | Adjournment of Case Evaluation
The moving party may request an adjournment through the law clerk, who will determine the next available date.
The moving party may request an adjournment by contacting the law clerk who will determine the next available date.
Civil cases
Page 1 | Motion for Summary Disposition Procedure
The final pretrial conference is generally in person on the Monday one week before trial, but its date may change if it remains during the week before trial.
The Court generally sets the Final Pre-Trial Conference to take place in-person the Monday one week prior to the trial date. This date may be changed as long as the Final Pre-Trial Conference is held during the week prior to trial.
Civil cases
Page 1 | Adjournment of Final Pre-Trial Conference
Adjournment of Case Evaluation: ___ Stipulation _X_ Motion; parties may stipulate to adjourn discovery through case evaluation if case evaluation has never been adjourned.
Adjournment of Case Evaluation: ___ Stipulation _X_ Motion; parties may stipulate to adjourn discovery through case evaluation if case evaluation has never been adjourned.
Civil cases
Page 1 | Adjournment of Case Evaluation
Parties seeking facilitation should schedule it and contact the Court as soon as possible; the Court will not adjourn a settlement conference by more than three weeks for facilitation.
Parties who wish to facilitate should schedule facilitation and contact the Court as soon as possible. The Court will not adjourn settlement conference more than 3 weeks to accommodate facilitation.
Civil cases
Page 1 | Settlement Conference Procedure
Chambers Communication Rules
After e-filing a summary disposition motion, email a copy to the Judicial Law Clerk to obtain a hearing date and allow up to seven days for a response.
After you have e-filed a Motion for Summary Disposition, email a copy of the motion to the Judicial Law Clerk for a hearing date. Please allow up to (7) days for a response.
Civil cases
Page 1 | Motion for Summary Disposition Procedure
No appearance is required for status conferences scheduled at 8:00 or 8:30 a.m.; otherwise, appearance by Zoom is required unless in-person attendance is specifically required.
If your status conference is scheduled for 8 a.m. or 8:30 a.m., no appearance is required. If your status conference is scheduled for any other time, appearance by Zoom is required (unless you have been specifically notified to appear in person).
Civil cases
Page 1 | Status Conference Procedure
Do not email or mail general motions to the Courtroom; responses and replies need not be provided to the Courtroom.
Please do not email or mail a copy of a general motion to the Courtroom. Responses/replies also do not need to be provided to the Courtroom.
Civil cases
Page 1 | General Motion Practice
The first settlement conference is set 42 days after case evaluation; later conferences are scheduled at the preceding conference, generally by Zoom, with attorneys attending by Zoom and clients available by phone and ready to join.
Scheduled: First settlement conference set for 42 days after case evaluation. All subsequent settlement conferences are set by the Court and the parties at the previous settlement conference. Settlement conferences are via Zoom unless the parties are specifically notified to appear in person. Attorneys must Zoom in; clients must be available by phone and ready to Zoom in.
Civil cases
Page 1 | Settlement Conference Procedure