Third Judicial Circuit Court of Michigan Document Filing Requirements

CRITICALCivil cases

Applies to

Appeal

Appeals must attach a Motion and Brief directing the Court to specific errors supported by the transcript, the lower court transcript or orders appealed, and proof the transcript was ordered upon filing if 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 upon filing, if required.

CRITICALCivil cases

Applies to

Default judgment

Default judgment motions must include relevant documents and an affidavit of a person with knowledge of the facts and circumstances surrounding the relief requested.

Motions must include any relevant documents and an Affidavit of a person with knowledge of the facts and circumstances surrounding the relief requested. For example: a Breach of Contract case should include the Contract and an Affidavit stating the balanced owed; a Personal Injury case should include medical records, bills and an Affidavit of the injured party outlining the injuries.

CRITICALCivil cases

Applies to

Motion

Motions to adjourn must include a copy of the scheduling order and list all relevant dates in the body of the motion.

Motions to Adjourn: Must include a copy of the scheduling order and list all relevant dates (including the filing date) in the body of the Motion.

CRITICALCivil cases

Applies to

Notice of hearing

Must include

certificate of service

After receiving a hearing date by email, the moving party must file a Notice of Hearing, Proof of Service, and praecipe.

Once a hearing date is given via email, the moving party must file a Notice of Hearing, Proof of Service and praecipe.

CRITICALCivil cases

Applies to

Praecipe

A Praecipe must be filed with the court.

YOU MUST FILE A PRACEIPE WITH THE COURT.

CRITICALCivil cases

Applies to

Praecipe

Praecipes must list all plaintiffs and defendants; otherwise they will be rejected.

PRAECIPES MUST LIST ALL PLAINTIFFS AND DEFENDANTS WHO ARE PARTIES TO THE LAWSUIT OR THE PRAECIPE WILL BE REJECTED BY THE COURT CLERK.

CRITICALCivil cases

Applies to

Motion

The moving party must file a praecipe after the clerk provides the summary disposition motion hearing date.

Moving party must file praecipe after clerk provides motion hearing date.

CRITICALCivil cases

Applies to

Motion

A motion for reconsideration must be filed with a notice of hearing and a hard copy delivered to the clerk.

A motion for reconsideration MUST be filed with: (1) a notice of hearing, and (2) a hard copy to the clerk. If these steps are not followed the court may be unaware of the motion being filed.

CRITICALCivil cases

Applies to

Motion

A summary disposition motion filed after the scheduling deadline requires a motion to the court and may only be filed by court order.

Motions for Summary Disposition sought to be filed after the scheduling deadline must be made by motion to the court by the moving party, and the motion can only be filed by Court order.

CRITICALCivil cases

Applies to

Order

The settlement/facilitation order must include the facilitation date, facilitator name, and return hearing date, with the hearing date obtained from the Court Clerk.

The parties must present an Order to the Court which includes: a. The date of Facilitation, b. Name of the Facilitator; c. Return date for (obtained from the Court Clerk) Pretrial/Settlement Conference/Motion Hearing, to court within (10) business days after the completion of Facilitation. d. The pretrial/settlement/motion hearing date must be obtained by the parties from the Court by calling the Court Clerk and include that date in the order.

CRITICAL

Applies to

Scheduling order

A scheduling order is entered at the first settlement conference and emailed to counsel/parties, containing all subsequent deadlines.

A scheduling order will be entered at the first settlement conference if the case is not resolved. Please give the courtroom clerk your email and the scheduling order will be emailed to you after the hearing. This scheduling order sent via email will be the only notice of subsequent dates. The order will contain deadlines for discovery cut-off, witness list exchange, mediation, and other important information. A mediator will be named, if needed, and a trial date will be set.

CRITICAL

Applies to

Motion for reconsideration

Motions for reconsideration are filed with the County Clerk, a Judge's copy goes to the courtroom, and no hearing is held unless ordered.

The original motion for reconsideration should be filed with the County Clerk's office in CAYMC room 201. A Judge's copy should be brought directly to the courtroom. Pursuant to the Michigan Court Rules, a hearing on the motion will not be held unless ordered by the court. As such, no praecipe or notice of hearing should be filed.

CRITICALCivil cases

Applies to

Judgment

The judgment must include a statement regarding whether it resolves the last pending claim and closes the case, per MCR 2.602(A)(3).

The required statement regarding whether the judgment resolves the last pending claim of the parties and closes the case. MCR 2.602(A)(3).

CRITICAL

Applies to

Order

Generally, original signatures must appear on all orders.

Generally, original signatures must appear on all orders.

CRITICAL

Applies to

Appearance

Attorneys must file an appearance in every case to receive electronic notifications.

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.

CRITICAL

Applies to

Ex parte order

Ex parte orders require an affidavit or verified pleading with specific allegations of irreparable harm.

Ex parte orders presented for entry at the outset of the case will only be granted upon presentation of an affidavit or verified pleading with specific allegations that irreparable injury, loss, or damage will result from the delay required to effect notice, or that notice itself will precipitate adverse action.

CRITICAL

Applies to

Motion to settle order

Motions to settle orders must include a transcript of the relevant proceeding.

A transcript of the proceeding in which an agreement or ruling was made on the record must be presented with the motion.

CRITICALCivil cases

Applies to

Amended order

When amending and resubmitting an order or judgment, a copy of this notice must be included with the amended order/judgment.

***PLEASE AMEND AND RESUBMIT. INCLUDE A COPY OF THIS NOTICE WITH YOUR AMENDED ORDER/JUDGMENT.***

CRITICAL

Applies to

Order to withdraw or substitute counsel

Orders to withdraw or substitute counsel require signatures from all parties and the new attorney's contact information.

Just like all consent orders, the orders must possess signatures by all parties (Plaintiff and Defendant) or their representative – not merely one side. The new attorney's contact information (or the party’s contact information if the party is unrepresented by counsel) must be provided in the order to withdraw or substitute.

CRITICALCivil cases

Judgments or orders awarding child support or spousal support must also include the following provisions as required by MCR 3.211(D).

A judgment or order awarding child support or spousal support must also include the following (MCR 3.211(D)):

CRITICAL

Applies to

Motion to waive waiting period

Requests to waive the six-month waiting period for judgments with minor children require a written motion with specific allegations of unusual hardship or compelling necessity.

Any request for entry of judgment with minor children prior to the expiration of six months from the date of filing must be made by written motion and present specific allegations of unusual hardship or compelling necessity; a blanket allegation declaring that expediting the divorce is in the best interest of the minor children is insufficient.

CRITICALCivil cases

Applies to

Motion to adjourn

Must include

caption

A motion to adjourn must include the scheduling order and list all relevant dates, including the filing date, in its body.

Must include a copy of the scheduling order and list all relevant dates (including the filing date) in the body of the Motion.

CRITICALCivil cases

Applies to

Voir dire questions

By noon on the Thursday before trial, counsel must deliver hard copies of proposed voir dire questions to the courtroom and email a Word document copy to the Judicial Attorney.

By 12:00pm the Thursday before trial, Counsel shall deliver a hard copy of the proposed voir dire questions to the courtroom and email a Word Document copy to the judicial attorney. Also email a copy to the judicial attorney.

CRITICALCivil cases

Applies to

Joint final pretrial order

The proposed JFPO must include the specified trial, claim, fact, law, damages, evidence, witness, and exhibit information in the stated order.

The proposed JFPO shall contain, under appropriate captions in the order indicated, the following:TRIAL DATE and TIME. PLAINTIFF’S CLAIMS: A concise statement of Plaintiff's claim, including third party plaintiff, claims and defenses including their legal theories upon which each claim or defense is based. DEFENDANT’S CLAIMS: A concise statement of Defendant's defenses and cross-claims, including claims of third-party Plaintiff(s), and defenses of third-party Defendant(s), including legal theories. STIPULATION OR ADMISSION OF FACTS: A recitation of any facts or other matters to which the parties have stipulated. ISSUES OF FACT: Issues of fact remaining to be litigated. ISSUES OF LAW: Issues of law to be litigated. DAMAGES: An itemized statement of special damages with authority to support. Further, Counsel will be requested to stipulate to those items not in dispute. EVIDENCE PROBLEMS LIKELY TO ARISE AT TRIAL: Include any remaining objections to exhibits and use of depositions. All motions in limine of which counsel or a party without counsel should reasonably be aware of at the time of preparation of the pre-trial order shall be listed in the joint final pre-trial order. WITNESSES AND EXHIBIT LISTS: indicate which witnesses will be called and which witnesses may be called. Failure to list witnesses may bar their production at trial. No witnesses shall be listed who have not been included on a prior witness list submitted pursuant to prior order of the Court except for good cause shown. Exhibits to be submitted for admission at trial shall be listed. Failure to list an exhibit on the JTPO without good cause will be excluded from trial.

CRITICALCivil cases

Applies to

Notice of hearing

After praecipe acceptance, serve and file a notice of hearing stating the correct date and whether oral argument will occur.

After the praecipe has been accepted, please serve and file a notice of hearing reflecting the correct date and whether the motion is to be heard with or without oral argument

CRITICALCivil cases

Applies to

Motion for default judgment

Must include

caption

A motion for default judgment must include relevant documents and an affidavit from a person with knowledge of the supporting facts and circumstances.

Motions must include any relevant documents and an Affidavit of a person with knowledge of the facts and circumstances surrounding the relief requested.

CRITICALCivil cases

Applies to

Motion for summary disposition

A summary-disposition motion filed outside the applicable deadline requires a motion for leave.

ANY MOTION FOR SUMMARY DISPOSITION FILED OUTSIDE THESE TIMELINES WILL REQUIRE A MOTION FOR LEAVE TO BE FILED

CRITICALCivil cases

Applies to

Motion to consolidate

A motion to consolidate must be filed in both cases to be consolidated.

Please file motions to consolidate in BOTH cases you are trying to consolidate together.

CRITICALCivil cases

Applies to

Pleading

Must include

judge name

Pleadings must list Judge Elder as the judge or they will be rejected.

Counsel shall make sure Judge Elder is listed as the judge on all pleadings. Pleadings with prior judges listed will be rejected

CRITICALCivil cases

Applies to

Stipulation

A stipulation opting out of case evaluation to facilitate requires all parties’ consent and must identify the facilitator and facilitation date.

Stipulations to opt out of case evaluation to facilitate are allowed ONLY with the consent of all parties and must contain the name of the facilitator AND a date for facilitation.

CRITICALCivil cases

Applies to

Initial disclosure

Initial disclosures must include the factual basis of claims/defenses, legal authorities, witness information, documents/ESI, damages computation, insurance agreements, and anticipated expert testimony subject areas.

Except as exempted by the court rules, stipulation, or court order, a party must, without awaiting a discovery request, provide to the other parties: (a) The factual basis of the party's claims and defenses; (b) necessary for a reasonable understanding of the claim or defense, citations to relevant legal authorities; (c) The name and, if known, address and telephone number of each individual likely to have discoverable information - along with the subjects of that information - that the disclosing party may use to support its claims or defenses, unless the use would be solely for impeachment; (d) A copy - or a description by category and location - of all documents, electronically stored information, and tangible things that the disclosing party has in its possession, custody, or control and may use to support its claims or defenses, unless the use would be solely for impeachment; (e) A description by category and location of all documents, electronically stored information, and tangible things that are not in the disclosing party's possession, custody, or control that the disclosing party may use to support its claims or defenses, unless the use would be solely for impeachment. The description must include the name and, if known, the address and telephone number of the person who has possession, custody, or control of the material; (f) A computation of each category of damages claimed by the disclosing party, who must also make available for inspection and copying as under MCR 2.310 the documents or other evidentiary material, unless privileged or protected from disclosure, on which each computation is based, including materials bearing on the nature and extent of injuries suffered; (g) A copy of any insurance, indemnity, or suretyship agreement under which another person may be liable to satisfy all or part of a possible judgment in the action or to indemnify or reimburse for payments made to satisfy the judgment; and (h) The anticipated subject areas of expert testimony.

CRITICALCivil cases

Applies to

Documents

Parties must preserve all documents and ESI relevant or potentially relevant to the case; logistical and cost issues are addressed at the Case Management Conference.

The parties shall preserve all documents, including all electronically stored information relevant or potentially relevant to the case. Any logistical, cost or other issues presented by this requirement shall be addressed at the Case Management Conference.

CRITICALCivil cases

Applies to

Joint case management plan

Plaintiff's counsel must file a Joint Case Management Plan at least one week before the Case Management Conference, identifying areas of agreement/disagreement and positions.

Plaintiff’s counsel shall then file a Joint Case Management Plan, identifying areas of agreement and disagreement (and as to such matters, briefly setting forth the parties' positions), at least one week prior to the scheduled conference.

CRITICALCivil cases

Applies to

Notice of motion

When filing a summary disposition motion, the Notice of Hearing and Praecipe must note that the hearing will be heard 'on a date to be set by the Court.'

when filing your MSD, note on your Notice of Hearing and Praecipe that the hearing will be heard "on a date to be set by the Court."

CRITICALCivil cases

Applies to

Motion for entry of order

A Motion for Entry of Order must be filed with the hearing transcript attached.

Once you have your transcript of the hearing, file a Motion for Entry of Order with the transcript attached.

CRITICALCivil cases

Applies to

Jury instructions

If jury instructions are not standard, parties must submit a request for special jury instruction and a jury verdict form on the first day of trial.

if the jury instructions are not standard, then, on the first day of the trial, parties must submit request for special jury instruction and a jury verdict form.

CRITICALCivil cases

Applies to

Motion

A praecipe and notice of hearing must be submitted for each motion and each adjourned date.

A praecipe and notice of hearing must be submitted for each motion and adjourned date.

CRITICALCivil cases

Applies to

Motion for reconsideration

Motions for Reconsideration require that an e-Praecipe be filed.

In addition, Motions for Reconsideration also require that an e-Praecipe is filed.

CRITICALCivil cases

Applies to

Motion

After receiving a motion date, file the praecipe and notice of hearing.

When a date has been given, please file the praecipe and notice of hearing.

CRITICAL

Applies to

Consent order

Consent orders involving minor children require both parties to participate on the record.

Cases with Minor Children require both parties’ participation on the record to enter a consent order involving the child(ren).

CRITICAL

Applies to

Spousal support motion

Spousal support motions must address the factors in Sparks v Sparks with specificity.

Any motions regarding spousal support must address the factors set out at Sparks v Sparks, 440 Mich 141; 485 NW2d 893 (1992) with specificity.

CRITICAL

Applies to

Witness list

Witness lists must include each witness's name, address, telephone number, and a summary of anticipated testimony.

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.

CRITICAL

Applies to

Epraecipe

A motion is given a hearing date upon submission of an epraecipe.

The motion is given a hearing date when an epraecipe is submitted.

CRITICAL

Applies to

Ex parte order

Ex parte orders require submission of an affidavit or verified pleading establishing a proper basis and alleging sufficient facts.

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.

CRITICAL

Applies to

Motion or response

Motions or responses presenting an issue of law must be accompanied by a brief citing supporting authority.

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).

CRITICAL

Applies to

Change of domicile motion

Change of domicile motions must address the factors enumerated in MCL 722.31.

Change of domicile motions must address the factors set out at MCL 722.31.

CRITICAL

Applies to

Child support recommendation

Cases involving child support require submission of a child support recommendation based on the current Michigan Child Support Formula.

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.

CRITICAL

Applies to

Emergency motion

Emergency motions require written Judge approval before receiving an expedited hearing date.

Emergency motions must have written approval from the Judge before they will be given an expedited hearing date.

CRITICAL

Applies to

Motion

Every motion must attach a copy of the current support, custody, or parenting time Order.

Always attach a copy of the current support, custody, or parenting time Order to the Motion.

CRITICAL

Applies to

Objection

Objections to referee recommendations must attach the Recommended Order, and include calculations if objecting to child support recommendations.

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.

CRITICAL

Applies to

Order

Court expects that represented parties prepare a hand-written or typed order immediately after the conclusion of a hearing.

Court expects that represented parties prepare a hand-written or typed order immediately after the conclusion of a hearing.

CRITICAL

Applies to

Appearance

Attorneys must file an appearance in all cases, and a separate appearance is required to receive electronic notifications.

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.

CRITICAL

Applies to

Ex parte contempt motion

Ex parte contempt motions must be supported by an affidavit; orders to show cause are not granted without supporting affidavits.

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.

CRITICAL

Applies to

Order

Orders submitted on the hearing date or under the Seven-Day Rule must include the hearing date in the first paragraph.

7 Day Order: If an attorney is submitting an Order for entry on the date of the motion hearing, or is filing a proposed Order under the Seven-Day Rule, make sure the date of the hearing is contained in the first paragraph of the Order.

CRITICAL

Applies to

Motion

Any motion referencing a deposition or hearing transcript must include the entire transcript as an exhibit, using the 4:1 format.

If any motion makes reference to the transcript of a deposition, hearing, etc., the entire transcript is to be submitted as an exhibit to that motion. Please use the 4:1 format when submitting.

CRITICAL

Applies to

Motion

To be docketed, a motion must comply with Michigan Court Rules, include an e-praecipe and judge's hard copy, and all exhibits must be tabbed.

Requirements for motion to be docketed: The motion must comply with the Michigan Court Rules. An e-praecipe and judge's hard copy of all motions, answers, and replies is required for a motion to be added to the docket. All exhibits must be tabbed.

CRITICAL

Applies to

Order

An order to withdraw as counsel must be submitted by the attorney, state the effective date, that plaintiff must seek alternate counsel or appear pro se, and include all contact information.

Order to Withdraw as Counsel/Attorney must contain specific language: Must be submitted by the Attorney requesting to withdraw. Must state the effective date counsel withdrew, that plaintiff is to seek alternate counsel or file an appearance as pro se. All contact information including phone number, address, and email address must also be included in the order. Based on the status of case, an attorney being allowed to withdraw may result in the Court placing a temporary stay on the case or the adjournment of other motions and dates.

CRITICAL

Applies to

Appeal

Parties must send a judge's hard copy of the claim of appeal/leave for appeal packet.

Parties must send a judge’s hard copy of their claim of appeal/leave for appeal packet for the court to be aware an appeal has been filed.

CRITICAL

Applies to

Jury instructions

Jury instructions must comply with MCR 2.512 and 2.513; bring hard copies and USB copies of model and proposed instructions to court on first day of trial.

Instructions must comply with the form and content requirements of MCR 2.512 and MCR 2.513(A) and (N)(3). Counsel shall provide updated jury instructions from the Official SCAO website: https://www.courts.michigan.gov/4aaebc/siteassets/rules-instructions-administrative-orders/jury-instructions/civil/current/model-civil-jury-instructions.pdf Counsel shall bring a hard copy of both the model jury instructions and any proposed amendments to Court on the first day of trial. Counsel shall also bring a copy of both sets of instructions on a USB Flash Drive.

CRITICAL

Applies to

Notice of motion

The notice of hearing for motions must indicate whether the motion will be heard via Zoom or in person.

The notice of hearing for motions must indicate whether the motion will be heard via ZOOM or In-Person.

CRITICAL

Applies to

Motion

Motions for reconsideration require a judge's hard copy and an e-praecipe set for 3 weeks out; oral argument is not permitted unless the Court grants leave.

present. Motions for Reconsideration: A judge’s hard copy must be provided for the motion to be heard.The moving party must e-file an e-praecipe at the same time the motion is filed set for 3 weeks out. Per MCR 2.119(F)(2). parties are not permitted oral argument on a Motion for Reconsideration unless the Court grants leave.

CRITICAL

Applies to

Verdict form

Counsel shall bring proposed verdict forms and a hard copy of both the model jury instructions and any proposed amendments to Court on the first day of trial. Counsel shall also bring a copy of both sets of instructions on a USB Flash Drive.

Counsel shall bring proposed verdict forms Counsel should bring a hard copy of both the model jury instructions and any proposed amendments to Court on the first day of trial. Counsel shall also bring a copy of both sets of instructions on a USB Flash Drive.

CRITICAL

Applies to

Notice of motion

Non-dispositive motions without oral arguments are heard Friday at 9:00 a.m.; the notice of hearing must indicate the motion will be held without oral arguments.

Non-dispositive motions without oral arguments are heard on Friday morning at 9:00 a.m. The notice of hearing is to indicate the motion will be held without oral arguments. It is not sufficient to state “Before the Judge in his Court.”

CRITICAL

Applies to

Motion

Summary disposition motions must include a notice of hearing with 'Date to be Determined by the Court' and an e-praecipe dated two weeks out; a judge's hard copy is also required.

heard:Summary disposition motions are to be filed with a notice of hearing indicating “Date to be Determined by the Court” and an e-praecipe dated two weeks out as a place holder. Once the court has received a judge’s hard copy and the e-praecipe, a scheduling order will be issued.

CRITICAL

Applies to

Final pre trial statement

The final pre-trial statement must contain specified items including claims, defenses, stipulated facts, issues, witnesses, special damages, and estimated trial length.

The proposed FPTS shall contain the following, under appropriate captions, in the order indicated: (1) A concise statement of plaintiff’s claim, including legal theories. (2) A concise statement of defendant’s defenses and claims, including claims of third-party plaintiffs, and defenses of third-party defendants, including legal theories. (3) A recitation of any facts or other matters which the parties have stipulated or admitted. (4) Issues of fact remaining to be litigated. (5) Issues of law to be litigated. (6) Evidence problems likely to arise at trial. (7) Witnesses: Indicate which witnesses will be called in the absence of reasonable notice to opposing counsel to the contrary, and which witnesses may be called. Generic listing of witnesses is not acceptable. Failure to list witnesses will bar their production at trial. (A) Witnesses for plaintiff, listed by category, as follows: 1. Live lay witnesses 2. Lay Depositions 3. Live Expert Witnesses 4. Expert Depositions 5. List of plaintiff’s exhibits (B) Witnesses for defendant, listed by category as follows: 1. Live Lay Witnesses 2. Lay Depositions 3. Live Expert Witnesses 4. Expert Depositions 5. List of defendant’s exhibits (8) An itemized statement of special damages. Counsel shall, to the extent possible, stipulate to the items not in dispute. (9) Estimated length of trial. 1. Time for plaintiff’s proofs 2. Time for defendant’s proofs 3. Indicate whether it is a jury or non-jury trial

CRITICAL

Applies to

Default judgment

Unless all claims are sum certain, parties must submit a SCAO MC07 form for the court clerk's signature.

Unless ALL claims on the suit can be filed as sum certain, parties are to submit a SCAO MC07 form to be signed by the court clerk.

CRITICALCivil cases

Applies to

Emergency motion

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.

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.

CRITICALCivil cases

Applies to

Jury instructions verdict form

Proposed joint jury instructions and joint verdict form must be provided to the Court via email on the date of the Pre-Trial Conference.

Proposed Joint Jury Instructions and Joint Verdict Form: Must be provided the Court to on the date of the Pre-Trial Conference via email.

CRITICALCivil cases

Applies to

Appeal

Appeals must attach a motion and brief directing the Court to specific errors, the lower court transcript or orders appealed, and proof the transcript was ordered and paid for.

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

CRITICALCivil cases

Applies to

Default proceeding

Must include

certificate of service

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.

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.

CRITICALCivil cases

Applies to

Reconsideration motion

Motions for rehearing or reconsideration require notifying the Court Clerk and providing a Judge's Copy to chambers for review.

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.

CRITICALCivil cases

Applies to

Alternate service motion

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.

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.

CRITICALCivil cases

Applies to

Default judgment

Motions for Default Judgment must attach Exhibits A through D or they will be rejected and not scheduled.

Each Motion for Default Judgment MUST attach the following Exhibits or your Motion will be rejected and not scheduled until it is in compliance.

CRITICALCivil cases

Applies to

Voir dire questions

Parties must submit proposed voir dire questions to the Court by the Final Pre-Trial Conference.

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.

CRITICALCivil cases

Applies to

Proposed order

Must include

proposed order

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.

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)'.

CRITICALCivil cases

Applies to

Proposed order

Proposed stipulated orders removing a case from case evaluation in favor of private facilitation must be submitted at least 21 days before the scheduled case evaluation and must state nine enumerated items.

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:

CRITICALCivil cases

Applies to

Motion

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.

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.

CRITICALCivil cases

Applies to

Motion

Summary disposition motions and responses must cite to exhibits or the record with particularity, identifying specific pages and/or line numbers.

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.

CRITICALCivil cases

Applies to

Motion

Must include

certificate of conference

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.

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.

CRITICALCivil cases

Applies to

Pretrial order

A Joint Final Pre-Trial Order must be timely entered, typically by Plaintiff, and failure to do so may result in dismissal or default.

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).

CRITICAL

Applies to

Motion

Motions regarding custody, parenting time, or child support must be electronically praeciped before the Friend of the Court.

Motions regarding change of custody, parenting time, or child support must be electronically praeciped before the Friend of the Court.

CRITICAL

Applies to

Motion

Must include

certificate of service

The moving party must file a Notice of Hearing, Proof of Service, and Electronic Praecipe.

The moving party must file a Notice of Hearing, Proof of Service, and Electronic Praecipe.

CRITICALCivil cases

Applies to

Motion for entry of default judgment

Must include

proposed order

A motion for entry of a default judgment must attach a proposed Judgment as an exhibit.

The moving party must attach a proposed Judgment to the motion as an exhibit.

CRITICALCivil cases

Applies to

Motion

Each motion requires a Notice of Hearing and a Praecipe.

A Notice of Hearing and a Praecipe are required for each motion.

CRITICALCivil cases

Applies to

Order or judgment disposing of claim

Any order or judgment disposing of a claim must state whether it is a final order closing the case pursuant to MCR 2.602(A)(3).

Any order or judgment that disposes of a claim must state whether or not it is a final order closing the case pursuant to MCR 2.602(A)(3).

CRITICALCivil cases

Applies to

Pleadings and orders

Must include

caption, judge name

All pleadings and orders must contain correct captions with the correct Judge's name; incorrect captions will be rejected and may result in sanctions.

All pleadings and orders must contain correct captions including the correct Judge's name. Pleadings and orders with incorrect captions will be rejected and the attorney using the incorrect caption will be subject to sanctions.

CRITICALCivil cases

Applies to

Stipulated order of consolidation

A stipulated Order of Consolidation must include all case names and numbers, designate the oldest case as controlling, state the consolidation purpose, direct future pleadings to the controlling case number, and instruct the clerk to add all parties from non-controlling cases.

The stipulated Order of Consolidation must include all case names and case numbers, must indicate the oldest case first as the controlling case, and must state whether the cases are being consolidated for discovery purposes, for trial, or for all purposes. The stipulated Order of Consolidation must also indicate that all future pleadings shall be filed under the controlling case number only. The stipulated Order of Consolidation must also instruct the clerk to add all parties in the non-controlling case(s) as parties within the controlling case.

CRITICALCivil cases

Applies to

Notice of hearing

The Notice of Hearing for a summary disposition motion must state that the hearing will be set on a 'date to be determined.'

When filing a motion for summary disposition, the Notice of Hearing shall state that the hearing will be set on a "date to be determined."

CRITICALCivil cases

Applies to

Re notice of hearing

After receiving the Summary Disposition Scheduling Order, the moving party must file and serve a Re-Notice of Hearing for the Court-provided date.

Once the moving party receives the Summary Disposition Scheduling Order, the moving party must file and serve a Re-Notice of Hearing for the date provided by the Court in the Summary Disposition Scheduling Order.

CRITICALCivil cases

Applies to

Proposed scheduling order

The proposed scheduling order attached to a motion to extend the Status Conference Scheduling Order must list specific depositions and discovery deadlines, outstanding issues, a firm facilitation date, and a blank for the clerk to insert the next Settlement Conference date.

A proposed scheduling Order indicating specific depositions to be taken with dates certain scheduled, specific discovery to be completed with deadlines scheduled, and specifically stating any other outstanding issues must be attached to the motion. The proposed Order must also contain a firm facilitation date and a sentence containing a blank space where the clerk will then provide your next Settlement Conference date.

CRITICALCivil cases

Applies to

Order

Must include

caption, judge name

Orders containing an incorrect caption or the incorrect Judge will not be signed.

Orders which contain an incorrect caption or the incorrect Judge will not be signed.

CRITICALCivil cases

Applies to

Pleading

Must include

caption

Each pleading's caption must include contact information, including direct phone numbers and email addresses, for all attorneys who have appeared in the case.

The caption on each pleading must contain the contact information of all of the attorneys who have appeared on the case including direct phone numbers and email addresses for each attorney.

CRITICALCivil cases

Applies to

Motion to opt out of case evaluation

Relief opting out of Case Evaluation cannot be granted via stipulated Order; a motion must be filed.

Judge Snow will not grant this type of relief via stipulated Order. You must file a motion.

CRITICALCivil cases

Applies to

Proposed scheduling order

A motion to extend a Status Conference Scheduling Order must attach a proposed scheduling order listing specific depositions with dates, discovery deadlines, and any other outstanding issues.

A proposed scheduling order indicating specific depositions to be taken with dates certain scheduled, specific discovery to be completed with deadlines scheduled, and specifically stating any other outstanding issues must be attached to the motion.

CRITICALCivil cases

Applies to

Order of consolidation

The consolidation order e-filed in the controlling case must not be final, while the order e-filed in each non-controlling case must state it is a final order closing the case; noncompliance leads to rejection, striking, severance, and sanctions.

The Order of Consolidation that is e-filed in the controlling case number should not be a final Order. However, the Order(s) of Consolidation that is e-filed in the non-controlling case number(s) must indicate that it is a final Order closing the case. Failure to comply will result in the pleadings or orders being rejected, being stricken from the record, or with the cases being severed, and the attorneys will be subject to sanctions.

CRITICALCivil cases

Applies to

Motion

Must include

caption, judge name

Motions containing incorrect captions or the wrong Judge may be dismissed.

Motions containing incorrect captions or the wrong Judge may be dismissed.

CRITICALCivil cases

Applies to

Proposed order for alternate service

A proposed order for alternate service must include all three alternate service methods (first-class mail, door tacking, and communication via text/email/Facebook with the exact quoted language) and must not include certified mail with return receipt, restricted delivery.

When submitting a motion for alternate service and an accompanying proposed Order for the same, your proposed Order MUST INCLUDE ALLOF THE FOLLOWING METHODS OF ALTERNATE SERVICE unless Judge Snow specifically orders otherwise: 1) mailing via first class mail to the last known address for the Defendant, 2) tacking on the door at the last known address for the Defendant, and 3) communication of the pleadings via "text, email, and/or Facebook to the Defendant, if known." This quoted language MUST be included in your Order. SERVICE MUST BE ACCOMPLISHED BY EVERY METHOD OF SERVICE ORDERED. Also, DO NOT include service via certified mail with return receipt, restricted delivery on your proposed Order for alternate service.

CRITICALCivil cases

Applies to

Substitution of counsel

Motions and orders for substitution of counsel must contain the specified language preserving previously scheduled dates.

Motions/Orders for Substitution of Counsel must include the following language: "This Substitution does not affect any previously scheduled dates."

CRITICALCivil cases

Applies to

Praecipe

A praecipe is required for a rehearing or reconsideration motion, using any Friday date 30 days in the future, so the Clerk can set a control date.

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.

CRITICALCivil cases

Applies to

Default order

Must include

certificate of service

Submit a separate default order for each defendant, including the full service address, proofs of service, and any applicable alternative-service order; incomplete orders will be rejected.

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.

CRITICALCivil cases

Applies to

Motion for alternate service

Must include

proposed order

A motion for alternate service must include a process-server affidavit documenting three appropriate attempts, a post-office address check, and a Lexis Nexis people search; the proposed order must state the most current discovered address.

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.

CRITICALCivil cases

Applies to

Proposed joint jury instructions

Provide proposed joint jury instructions and the joint verdict form to the court by email on the pretrial-conference date.

Proposed Joint Jury Instructions and Joint Verdict Form must be provided the Court to on the date of the Pre-Trial Conference via email.

CRITICALCivil cases

Applies to

Adjournment order

A Track 1-to-Track 2 adjournment order must list the specific Track 2 dates and include the specified MSD deadline language.

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".

CRITICALCivil cases

Applies to

Default request

Requests for defaults must use SCAO form MC 07.

Requests for Default(s) shall be submitted using SCAO form MC 07.

CRITICALCivil cases

Applies to

Adjournment order

An order granting another adjournment must list the specific dates and include the stated MSD deadline language.

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."

CRITICALCivil cases

Applies to

Motion for default judgment

Must include

certificate of service

Every default-judgment motion must attach the four specified exhibits documenting service and the entered default; noncompliant motions will be rejected.

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.

CRITICALCivil cases

Applies to

Motion for admission pro hac vice

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.

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.

CRITICALCivil cases

Applies to

Proposed voir dire questions

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.

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.

CRITICALCivil cases

Applies to

Motion

After a motion is approved for filing, submit a praecipe proposing a Thursday date; no prior court contact is needed, and the motion will not be scheduled without the praecipe.

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.

CRITICALCivil cases

Applies to

Default judgment hearing

The plaintiff must attend the Zoom hearing and testify about damages in a tort or negligence case.

The Plaintiff must be present at the Zoom Hearing to testify to damages in a tort/negligence case.

CRITICALCivil cases

Applies to

Motion for default judgment

A default-judgment motion must include relevant documents and an affidavit from a person knowledgeable about the facts and circumstances supporting the requested relief.

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.

CRITICALCivil cases

Applies to

Motion to adjourn scheduling order

A motion to adjourn a scheduling order is needed only to move a date beyond Track 2 and must attach the current scheduling order and state all relevant dates, including the filing date; other pleadings need not be attached.

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.

CRITICALCivil cases

Applies to

Notice of hearing

Must include

certificate of service

If a default-judgment motion is adjourned, file a new notice of hearing with Zoom instructions and proof of service, and ensure it appears on the Register of Actions.

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.

CRITICALCivil cases

Applies to

Emergency motion

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.

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.

CRITICAL

Applies to

Praecipe

A Praecipe must be submitted after receiving a time-stamped motion copy to be scheduled on the general motions docket.

After you receive your time stamped copy of Motion, you must submit a Praecipe to be scheduled on the docket.

CRITICALCivil cases

Applies to

Stipulated order

The stipulated order must include the discovery completion deadline, ADR completion date, and facilitator or mediator’s name.

Include the deadline to complete discovery, the date to complete the ADR process, and the name of the facilitator/mediator.

CRITICALCivil cases

Applies to

Default judgment

A default judgment motion must include relevant documents and an affidavit from someone with knowledge of the facts and circumstances supporting the requested relief.

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.

CRITICALCivil cases

Applies to

Voir dire

Parties seeking additional voir dire must stipulate to its duration.

If the parties seek to conduct additional voir dire, the parties must stipulate to the length of time to conduct the voir dire.

CRITICALCivil cases

Applies to

Notice of hearing

The notice of hearing must include Zoom information and be served and filed.

__Notice of hearing including Zoom information served and filed

CRITICALCivil cases

Applies to

Motion

The moving party must file a notice of hearing and a praecipe.

The moving party shall file a notice of hearing and a praecipe.

CRITICALCivil cases

Applies to

Jury instructions

On trial day, the parties must submit a flash drive containing the jury instructions and verdict form and provide hard copies for the Court and jury.

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.

CRITICALCivil cases

Applies to

Joint trial brief

The joint trial brief must identify and list each exhibit, with plaintiffs using numbers, defendants using letters, and summaries included.

7. Exhibits. The parties must list with appropriate identification each exhibit (Plaintiff(s)’ using numbers and Defendant(s)’ using letters), including summaries.

CRITICALCivil cases

Applies to

Jury instructions

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.

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.

CRITICALCivil cases

Applies to

Stipulated order

The stipulated order must identify the ADR process to be used.

Stipulated orders must identify the ADR process to be used.

CRITICALCivil cases

Applies to

Jury instructions

Proposed jury instructions and the verdict form must be provided to the Court at the final pretrial conference.

Proposed Jury Instructions and the Verdict Form must be provided to the Court at the final pre-trial conference.

CRITICALCivil cases

Applies to

Joint trial brief

The joint trial brief must list each witness, testimony synopsis, order, and estimated direct and cross-examination time; other witnesses may be listed only with good cause, prior witness-list inclusion, or deposition.

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.

CRITICALCivil cases

Applies to

Stipulated order

The stipulated order must state that ADR will be completed no later than 60 days after discovery closes.

State that the ADR process shall be completed no later than 60 days after the close of discovery.

CRITICALCivil cases

Applies to

Exhibits

Only listed exhibits may be admitted at trial unless an unanticipated rebuttal exhibit or good cause justifies an exception.

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.

CRITICALCivil cases

Applies to

Motion

Every motion to adjourn a date must include the scheduling order and list all relevant dates, including the filing date, in the motion body.

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.

CRITICAL

Applies to

Stipulated order

The stipulated order must identify the facilitator, give a facilitation date within 90 days of the originally scheduled first settlement conference, and state the new conference date obtained from the clerk.

The stipulated order must include: (1) the name of the facilitator; (2) the date of facilitation (within the 90 days of when the first settlement conference was scheduled); and (3) the new settlement conference date (obtained from the court clerk).

CRITICAL

Applies to

Stipulation

Stipulations opting out of case evaluation must state the facilitation date and discovery cutoff date.

The stipulations must include the date of facilitation, and the date of discovery cutoff.

CRITICAL

Applies to

Motion in limine

Counsel must schedule motions in limine with the clerk and submit a praecipe.

Counsel must schedule motions with clerk. A Praecipe is required.

CRITICAL

Applies to

Joint pretrial order

Joint pretrial orders must be filed in advance as ordered.

Joint Pre-Trial Orders shall be filed in advance as ordered.

CRITICAL

Applies to

Joint jury instructions

Counsel must deliver two hard copies of joint jury instructions to the courtroom and email a copy to the clerk by noon on the Thursday before trial.

By 12:00pm Thursday before trial, counsel must deliver two hard copies to courtroom and email a copy to court clerk.

CRITICAL

Applies to

Joint jury instructions

Joint jury instructions must have separate preliminary and final indexes and list each instruction’s JI number and title.

Instructions shall include separate indexes for "Preliminary Jury Instructions" and "Final Jury Instructions," and list the JI number and title.

CRITICAL

Applies to

Jury verdict form

Counsel must deliver two hard copies of the jury verdict form to the court and email a copy to the judicial attorney by the first day of trial.

By the first day of trial, counsel must deliver two hard copies to the court and email a copy to the judicial attorney.

CRITICALCivil cases

Applies to

Jury instructions

Must include

proposed order

Case-specific stipulated preliminary jury instructions and the proposed verdict form are due by the date in the final pretrial order and must be emailed to the Court contacts.

Stipulated preliminary jury instructions which are case specific and proposed verdict form are due on the day stated in the final pretrial order before the first day of trial and emailed to JudgeLillard-Court@3rdcc.org,Seth.Atisha@3rdcc.org.

CRITICAL

Applies to

Emergency motion

Emergency filings must be marked as 'Emergency' on the first page.

Emergency filings MUST be marked as Emergency on the first page of the filing.

CRITICAL

Applies to

Motion

A praecipe is required for motions to be addressed by the court, filed via ePraecipe; the Court may issue a different hearing date and time.

Praecipes are required for motions to be addressed by the court. To file a praecipe, visit ePraecipe (3rdcc.org). Please note, the Court reserves the right to issue a different hearing date and time than the one presented on the praecipe.

CRITICAL

Applies to

Motion

Motions for change of custody, parenting time, or modification of child support must be praeciped before the Friend of the Court.

Motions for change of custody, parenting time, or modification of child support must be praeciped before the Friend of the Court: see generally, Family Domestic / FOC (3rdcc.org).

CRITICALCivil cases

Applies to

Motion to adjourn

All motions to adjourn dates must attach a copy of the scheduling order.

ALL MOTIONS TO ADJOURN DATES MUST INCLUDE A COPY OF THE SCHEDULING ORDER!

CRITICALCivil cases

Applies to

Epraecipe

An ePraecipe must be submitted after the court's scheduling order is received, or the hearing will not be scheduled.

The Court's Judicial Attorney by way of Scheduling Order, but an ePraecipe MUST be submitted after receipt of the Court's Scheduling Order or the hearing will not be scheduled.

CRITICAL

Applies to

Order

The Judge will sign only orders that contain the original or electronic signatures of all parties and attorneys.

The Judge will only sign orders that contain the original or electronic signatures of all parties and attorneys.

CRITICAL

Applies to

Custody motion

The Court does not grant ex parte orders relating to custody; all custody motions require a praecipe to the Friend of the Court.

NOTE: THE COURT DOES NOT GRANT EX PARTE ORDERS RELATING TO CUSTODY ISSUES. PLEASE SUBMIT A PRAECIPE TO THE FRIEND OF THE COURT ON ALL MOTIONS REGARDING CUSTODY.

CRITICAL

Applies to

Ex parte contempt motion

Ex parte contempt motions must be supported by an affidavit; orders to show cause will not be granted without supporting affidavits.

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.

CRITICAL

Applies to

Ex parte order

Ex parte orders must be supported by an affidavit or verified pleading establishing a proper basis and sufficient facts.

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 an Ex Parte Order, which should mirror the verified allegations.

CRITICAL

Applies to

Ex parte order

Ex parte order submissions must include a signed proposed order, attached complaint, and case number and Judge's name on both documents; otherwise the order will be returned without review.

IMPORTANT: When submitting an ex parte order to the Court, please ensure the following: (1) the proposed order is signed by the party/attorney presenting it; (2) the complaint is also attached; and (3) a case number and the Judge’s name are included on both, the proposed order and complaint. Failure to follow these instructions will result in the Court returning your proposed order without review.

CRITICALCivil cases

Applies to

Final pretrial order

The Final Pre-Trial Order must list issues of law to be litigated.

ISSUES OF LAW: Issues of law to be litigated.

CRITICALCivil cases

Applies to

Response

Responses to motions for reconsideration are not permitted unless authorized by the court.

No responses are permitted unless authorized by the court.

CRITICALCivil cases

Applies to

Final pretrial order

The Final Pre-Trial Order must include a concise statement of defendant's defenses and claims.

DEFENDANT’S CLAIMS: a concise statement of defendant’s defenses and claims, including cross-claims and/or claims of third-party plaintiffs, and defenses of cross-defendants and/or third-party defendants, including legal theories.

CRITICALCivil cases

Applies to

Final pretrial order

The Final Pre-Trial Order must include a verdict form listing all possible verdicts.

VERDICT FORM: Include a verdict form listing all possible verdicts.

CRITICALCivil cases

Applies to

Praecipe

The praecipe for summary disposition must include a placeholder hearing date on a Thursday at 9:30 am, at least 42 days after filing.

submit the praecipe with a "placeholder" hearing date on a Thursday at 9:30 am, at least 42 days after the motion filing date.

CRITICALCivil cases

Applies to

Final pretrial order

The Final Pre-Trial Order must include all requested jury instructions, special instructions with legal authority, and plaintiff's counsel must provide copies for jury use.

JURY INSTRUCTIONS: Provide the court with a copy of all requested jury instructions. If any party is requesting a special jury instruction include in the Final Pre-Trial Order a written copy of the special instruction and supporting legal authority. Note: per the Court’s protocol, plaintiff’s counsel is responsible for providing copies of the jury instructions for jury use during deliberation.

CRITICALCivil cases

Applies to

Final pretrial order

The Final Pre-Trial Order must include a concise statement of plaintiff's claims and legal theories.

PLAINTIFF’S CLAIMS: a concise statement of plaintiff’s claims, including legal theories.

CRITICALCivil cases

Applies to

Final pretrial order

Witnesses not on prior written lists may not be listed in the Final Pre-Trial Order except for good cause.

No witnesses shall be listed who have not been included on any written list submitted pursuant to prior court order except for good cause shown.

CRITICALCivil cases

Applies to

Final pretrial order

The Final Pre-Trial Order must include stipulations or admissions of facts in separately numbered paragraphs.

STIPULATIONS OR ADMISSIONS OF FACTS: a recitation of any facts or other matters to which the parties have stipulated or admitted. The parties shall state, in separately numbered paragraphs, all uncontested facts.

CRITICALCivil cases

Applies to

Final pretrial order

The Final Pre-Trial Order must include estimated trial length, jury/non-jury designation, and unanimous verdict requirement.

ESTIMATED LENGTH OF TRIAL: Estimated time for plaintiff’s proofs Estimated time for defendant’s proofs Indicate whether it is a jury or non-jury trial If a jury trial, indicate if a unanimous verdict of not less than 5 jurors.

CRITICALCivil cases

Applies to

Final pretrial order

The Final Pre-Trial Order must include signature lines for the judge and all counsel.

SIGNATURE LINE: Include signature lines for the judge and all counsel of record.

CRITICALCivil cases

Applies to

Final pretrial order

The Final Pre-Trial Order must be filed by the due date and conform to specified requirements.

Final Pre-Trial Order: Must be filed by the due date in the final trial scheduling order and must conform to the requirements as set forth below.

CRITICALCivil cases

Applies to

Final pretrial order

The Final Pre-Trial Order must list specific witnesses; generic listings are not acceptable.

Each party will indicate which witnesses will be called and which witnesses may be called. Generic listing of witnesses such as “all or any employees of the defendant or plaintiff” is not acceptable.

CRITICALCivil cases

Applies to

Final pretrial order

The Final Pre-Trial Order must include an itemized statement of damages with specific requirements for first-party benefits and intervening plaintiffs.

DAMAGES: An itemized statement of damages. Plaintiff shall specify all those claimed damages that can be calculated from objective data. If plaintiff is asserting a claim for first party benefits, the plaintiff shall identify the amount and category or each type of benefit. Intervening plaintiffs must specifically list the amount and breakdown of their claims.

CRITICALCivil cases

Applies to

Final pretrial order

The Final Pre-Trial Order must list issues of fact remaining to be litigated.

ISSUES OF FACT: Issues of fact remaining to be litigated.

CRITICALCivil cases

Applies to

Final pretrial order

When listing witnesses, parties should identify all expert witnesses and designate whether they are testifying in person or by deposition.

When listing witnesses, parties should identify all expert witnesses and designate whether they are testifying in person or by deposition.

CRITICALCivil cases

Applies to

Final pretrial order

Failure to list witnesses in the Final Pre-Trial Order may bar their production at trial.

Failure to list witnesses may bar their production at trial.

CRITICALCivil cases

Applies to

Final pretrial order

Each exhibit intended for trial must be numbered and given a short identifying description.

The parties shall number and with a short identifying description, each exhibit they intend to introduce at trial.

CRITICALCivil cases

Applies to

Jury instructions

Plaintiff's attorney must bring one copy of the jury instructions to be read at trial.

Plaintiff’s attorney must bring 1 copy of the jury instructions to be read at trial.

CRITICALCivil cases

Applies to

Motion

A praecipe must be filed for every motion or the motion will not be scheduled.

Praecipes: must be filed for every motion or it will not be scheduled.

CRITICALCivil cases

Applies to

Final pretrial order

The Final Pre-Trial Order must include specific concluding language warning of consequences for non-compliance.

CONCLUDING ORDER LANGUAGE: Include the following language at the end of the Final Pre-Trial Order above the signature line: “This order constitutes a duly entered order of this court, and failure of counsel or a party without counsel to cooperate in the preparation of, to submit, or to comply strictly with all the terms of the joint Final Pre-Trial Order, may result in refusal to let witnesses testify or to admit exhibits, dismissal of claims, striking of answers and affirmative defenses, default and entry of default judgment, or other action, including the assessment of special costs and expenses, including actual attorney fees.”

CRITICALCivil cases

Applies to

Final pretrial order

Only exhibits listed in the Final Pre-Trial Order are admissible, with exceptions for rebuttal or good cause.

Only listed exhibits will be considered admissible at trial, except for rebuttal exhibits which could not be reasonably anticipated before trial or except for good cause shown.

CRITICALCivil cases

Applies to

Exhibits

Exhibits must be stipulated or subject to a motion in limine; each party numbers its own exhibits.

All exhibits must be stipulated by the parties or be subject to a motion in limine. Each party maintains its own exhibits and is responsible for numbering.

CRITICALCivil cases

Applies to

Final pretrial order

Witnesses testifying by deposition must be identified in the Final Pre-Trial Order; failure may bar their production.

DEPOSITION TESTIMONY: The names of all witnesses who will testify by deposition must be identified. Failure to do so may bar their production at trial except for good cause shown.

CRITICALCivil cases

Applies to

Deposition

De bene esse depositions must comply with MRE 611; video depositions must be transcribed.

Lay and expert de bene esse depositions are subject to the MRE 611. Failure to comply will result in exclusion of the deposition transcript, requiring the witness to testify in person. All video de bene esse depositions must be transcribed.

CRITICALCivil cases

Applies to

Order to show cause

For driver's license restoration, the movant must have an evaluation available and file an Order to Show Cause.

Movant must have an evaluation available prior to the hearing date and an Order to Show Cause must be filed.

CRITICALCivil cases

Applies to

Motion

A written motion is required to amend the Joint Final Pre-Trial Order.

What is the procedure for amending the Joint Final Pre-Trial Order? Written motion required

CRITICALCivil cases

Applies to

Joint final pretrial order

Must include

proposed order

Plaintiffs are typically responsible for timely entry of the Joint Final Pre-Trial Order unless the Trial Order states otherwise.

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.

CRITICALCivil cases

Alternate service and second summons require separate orders and filings.

Separate orders/filings are required for alternate service and second summons.

CRITICALCivil cases

Applies to

Opposition

Responses must use separately numbered paragraphs and fully and fairly respond to each corresponding motion paragraph; responsive briefs are required.

4.All responses SHALL likewise be set forth in separately numbered paragraphs, fully and fairly responding to each corresponding paragraph of the motion. Responsive briefs are likewise required in accordance with MCR 2.119(A)(2).

CRITICALCivil cases

Applies to

Notice of hearing

Notices of hearing must include Zoom connection information.

All notices of hearing must contain Zoom connection information:  Zoom available thru "Virtual Hearing" for Judge Wanda A. Evans here: http://3rdcc.org/courtroom-zoom-info

CRITICALCivil cases

Applies to

Summary disposition motion

Summary-disposition motions must use separately numbered paragraphs, each limited as far as practicable to one assertion.

All motions for summary disposition MUST be set forth in separately numbered paragraphs, limited as far as practicable to a single assertion.

CRITICALCivil cases

Applies to

Opposition

Responses to summary-disposition motions must use separately numbered paragraphs and fully and fairly answer each corresponding motion paragraph.

All responses to motions for summary disposition SHALL likewise be set forth in separately numbered paragraphs, fully and fairly responding to each corresponding paragraph of the motion.

CRITICALCivil cases

Applies to

Motion

The motion itself must state the substance of its arguments in separately numbered paragraphs; required briefs should elaborate on those arguments.

2.The substance of all arguments MUST be set forth through these separately numbered paragraphs, within the motion itself. Briefs are required in accordance with MCR 2.119(A)(2), and should elaborate/expand on the substantive argument(s) already set forth in the motion.

CRITICALCivil cases

Applies to

Motion

Motions must use separately numbered paragraphs, each limited as far as practicable to one assertion.

1.All motions MUST be set forth in separately numbered paragraphs, limited as far as practicable to a single assertion. See MCR 2.113(B).

CRITICALCivil cases

Motions and responses must cite exhibits or the record with particularity, identifying specific pages and/or line numbers.

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.

CRITICALCivil cases

Applies to

Proposed order

Must include

proposed order

After filing the motion and supporting materials, the moving party must submit a proposed order under the specified Mi-filing code, with the motion and all supporting materials attached as one document; do not use connected filings.

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)'. **AGAIN, USE OF SCAO FORMS mc 304 AND/OR mc 01b IS RECOMMENDED**

CRITICALCivil cases

Applies to

Notice of hearing

An approved change to the hearing date requires filing a re-notice of hearing.

If approved, a re-notice of hearing must be filed.

CRITICALCivil cases

Applies to

Stipulated order

The stipulated order must identify the mediator or facilitator and the mediation date and time, and state that the event cannot be adjourned without court order.

Name of the mediator/facilitator, specific date and time of mediation/facilitation, and that it may not be adjourned without order of Court; and

CRITICALCivil cases

Applies to

Motion

A hearing is not required, but the motion generally must include documentation, typically an affidavit, explaining how and why at least three traditional service attempts failed.

Although no hearing is required, Judge Evans 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.

CRITICALCivil cases

Applies to

Summary disposition motion

Summary-disposition motions must fully state the substance of all arguments in the separately numbered paragraphs.

The substance of all arguments must be fully set forth through such paragraphs.

CRITICALCivil cases

Applies to

Stipulated order

The order must leave a blank line for the Court to add a settlement conference date and require counsel, clients, and representatives with full settlement authority to attend in person at 9:45 a.m.

The order must include a blank line - __________________________________ - for the Court to add in a new settlement conference date, and must state that all counsel and all clients and representatives with full settlement authority are required to attend the settlement conference in person at 09:45 AM; and

CRITICALCivil cases

Applies to

Stipulated order

If the mediator will issue an award, it must issue within 14 days of mediation, and the acceptance or rejection period is 28 days from the award date by email to the facilitator or evaluator.

If the mediator will be issuing an award, it must be issued within fourteen (14) days of mediation (date must be specified), and the date of acceptance/rejection period is twenty-eight (28) days from date of award via email to the facilitator/evaluator (again, date must be specified - THIS LANGUAGE IS NOT NECESSARY IF FACILITATOR IS NOT ISSUING AN AWARD); and

CRITICALCivil cases

Applies to

Motion

A motion must be filed to request alternate service and/or a second summons.

Judge Wanda A. Evans requires motion(s) be filed for alternate service (and)/or a second summons.

CRITICALCivil cases

Applies to

Summary disposition motion

The moving party must determine whether the motion will be opposed and affirmatively state in the motion the date concurrence was requested and that it was denied or not acquiesced in.

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.

CRITICAL

Applies to

Emergency motion

Emergency filings must be marked 'Emergency' on the first page.

Emergency filings MUST be marked as Emergency on the first page of the filing.

CRITICAL

Applies to

Email

Must include

case number

All emails to the court must include the complete case number in the subject line.

All emails to the court must include the complete case number in the subject line (ex: 23-123456-DO).

CRITICAL

Applies to

Motion for default judgment

Must include

proposed order

Proposed default judgments must be emailed to JudgeAbraham-Court at least two days before the scheduled motion hearing.

MOTIONS FOR DEFAULT JUDGMENT: After filing, email the proposed default judgment to JudgeAbraham-Court at least two days before your scheduled motion hearing date.

CRITICAL

Applies to

Notice of presentment

Must include

certificate of service

A Notice of Presentment must attach the Proof of Service and both Orders as one document, with each Order also attached separately, all in the same email.

The Proof of Service and a copy of both Orders must be attached to the Notice of Presentment as one document and each of the Order(s) are attached separately for entry in the same email.

WARNINGCivil cases

Applies to

Filing

Must include

ai disclosure

Parties must disclose the use of AI.

Parties must disclose the use of AI.

WARNINGCivil cases

Applies to

Exhibit

Parties must highlight the pertinent part of relevant exhibits for the Court.

The parties shall highlight the pertinent part of the relevant exhibits for the Court.

WARNINGCivil cases

Applies to

Exhibit

The party must identify or highlight the specific pertinent part of an exhibit it relies upon.

The party must identify/highlight the specific, pertinent part of an exhibit it relies upon.

WARNINGCivil cases

Applies to

Order

At least one copy of orders must have original signatures; orders with handwritten annotations or corrections are not accepted.

Original signatures must appear on at least one copy of orders presented for Judge’s signature – the Court does NOT accept orders with handwritten annotations or corrections.

WARNINGCivil cases

Applies to

Notice of hearing

After receiving a hearing date, file a Notice of Hearing and a Praecipe with the court.

After you receive a date, file a Notice of Hearing and a Praecipe with the court.

WARNINGCivil cases

Applies to

Response

No responses to motions for reconsideration are permitted unless the Court specifically allows them.

No responses are permitted unless the Court specifically allows them.

WARNINGCivil cases

Applies to

Jury instructions

Provide the Court with a list of all requested standard and special jury instructions.

Please provide the Court with a list of all requested standard and special jury instructions.

WARNINGCivil cases

Applies to

Settlement conference form

Parties must submit a Settlement Conference Form to continue with the settlement conference, by email to JudgeBerry-Court@3rdcc.org.

PARTIES MUST SUBMIT A SETTLEMENT CONFERENCE FORM TO CONTINUE WITH THE SETTLEMENT CONFERENCE. Settlement Conference Form Email completed form to JudgeBerry-Court@3rdcc.org

WARNINGCivil cases

Applies to

Supplemental brief

Supplemental briefs may not be filed without leave of court.

No supplemental briefs may be filed without leave of court (MCR 2.116(G)(1)(a)(iv)).

WARNINGCivil cases

Applies to

Brief

A party must append and highlight the pertinent part of any unpublished case cited.

A party must append, and highlight, the pertinent part of any unpublished case cited.

WARNINGCivil cases

Applies to

Response

All motions must have written responses.

Written responses are required for all motions filed.

WARNINGCivil cases

Applies to

Motion

The Court will not entertain emergency motions to dissolve a TRO before the scheduled court date.

The Court will not entertain emergency motions to dissolve the TRO before that court date

WARNINGCivil cases

Applies to

Motion

For an expedited hearing, the courtroom requires a filed, time-stamped copy of the motion.

The courtroom will need a filed time stamped copy of the motion.

WARNINGCivil cases

Applies to

Brief

parties shall use joint exhibits to the extent possible to eliminate duplicate exhibits. 2. The parties shall highlight pertinent parts of the relevant exhibits for the Court so the court does not have to search for, or guess at, the support cited to it. 3. A party must append, and highlight, the pertinent part of any unpublished case

parties shall use joint exhibits to the extent possible to eliminate duplicate exhibits. 2. The parties shall highlight pertinent parts of the relevant exhibits for the Court so the court does not have to search for, or guess at, the support cited to it. 3. A party must append, and highlight, the pertinent part of any unpublished case

WARNINGCivil cases

Applies to

Order

An initial summons expires 90 days from issuance; a second 90-day summons is issued on submission of an order (without motion), and the expiration date must be stated in the order.

An initial summons expires 90days from issuance, and a second summons for an additional 90 days will be issued on submission of order without motion. Additional time must be obtained by motion. The expiration shall be stated in the order.

WARNINGCivil cases

Applies to

Pretrial order

All exhibits must be marked before trial.

All exhibits must be marked before trial.

WARNINGCivil cases

Applies to

Brief

Summary disposition briefs must not contain a separate introduction, background, or history section.

The brief shall not contain a separate section for introduction, background or history or other redundancies.

WARNINGCivil cases

Applies to

Pretrial order

The pretrial order lists must include only actual trial witnesses, all exhibits actually to be introduced, and all requested jury instructions by number.

Plaintiff and Defendant must list only actual witnesses to be called at trial. Plaintiff and Defendant must list all exhibits be actually introduced at trial. Plaintiff and Defendant must list all requested jury instructions by number.

WARNINGCivil cases

Applies to

Jury instructions

Parties must provide proposed jury instructions to the Court with a copy for the jurors.

Proposed Jury Instructions: Parties must provide to the Court with a copy for the jurors.

WARNINGCivil cases

All witnesses must be present on the first day of trial or scheduled for another time with the Court's prior consent.

All witnesses must be present on first day of trial or be scheduled at another time with prior consent of Court.

WARNINGCivil cases

Applies to

Motion

No oral argument is held on a motion for reconsideration.

There is no oral argument on a motion for reconsideration.

WARNINGCivil cases

Applies to

Response

A response is required for summary disposition and reconsideration motions.

A response is required for Summary Disposition and Reconsideration motions

WARNING

Applies to

Motion for default judgment

Motions for default judgment must comply with MCR 2.603 and MCR 3.210(b).

Consult MCR 2.603 and MCR 3.210(b) to ensure a successful motion for entry of default judgment.

WARNING

Applies to

Order

Attorneys/litigants must provide the original plus four true copies (or one per party, whichever is greater) of each signed order.

The court clerk will process the original plus four true copies of each order signed, or as many true copies as there are parties, whichever is greater. Attorneys/litigants must present copies for processing, as the clerks will not be able to make copies.

WARNINGCivil cases

Applies to

Judgment

The judgment must include a provision stating its effective date.

The provision regarding the effective date of the judgment.

WARNING

Applies to

Praecipe

File the correct praecipe (FOC or Judge's) based on the docket directive for domestic relations motions.

Some domestic relations motions are handled first by the Friend of the Court Referee and others will be set directly with the Judge. Please refer to the docket directive to ascertain where your hearing should be held and file either an FOC praecipe or a Judge’s praecipe.

WARNINGCivil cases

Applies to

Motion

Do not file a proposed order as a separate filing with a motion; it may be attached as a proposed exhibit.

Please do not file proposed orders contemporaneously with your motion as a separate filing. You may attach the order as a proposed exhibit, but do not file it separately.

WARNINGCivil cases

Applies to

Stipulation and order

A Stipulation and Order must contain that language.

A Stipulation and Order must contain that language.

WARNINGCivil cases

Applies to

Praecipe

The moving party must ensure the praecipe is accepted by the court clerk, or the motion will not be heard on the provided date.

It is the moving parties responsibility to ensure that the praecipe has been accepted by the court clerk. If the praecipe has not been accepted then it wasn't scheduled properly and the motion will not be heard on the date provided.

WARNINGCivil cases

Applies to

Motion

The moving party must obtain the next available motion hearing date from the court clerk and must not file a motion with a date to be determined by the court.

The moving party is to contact the court clerk for the next available motion hearing date; DO NOT file a motion with "a date to be determined by the court."

WARNINGCivil cases

Applies to

Stipulation and order

To opt out of case evaluation for a private facilitation, the stipulation and order must include the facilitator's name, the facilitation date, and the statement 'The settlement conference will be held on ________.'

The parties can submit a Stipulation and Order to opt out of case evaluation to attend a private facilitation. The Order must include the facilitator's name, the date of the facilitation and the following statement: "The settlement conference will be held on ____________."

WARNINGCivil cases

Applies to

Pretrial order

The Joint Final Pre-trial Order (JFPTO) must follow the sample format and be timely filed.

A sample of the format of the JFPTO can be found at the end of these protocols. The parties must follow that format. The JFPTO must be timely filed.

WARNINGCivil cases

Applies to

Praecipe

A motion for reconsideration must be accompanied by a praecipe containing the specified language, including the Judge's name, bar number, date one week from filing, and time of 2:00 pm.

At the time of filing the motion, the moving party must file a praecipe for the sole purpose of letting the court know that the motion has been filed. On the praecipe, the moving party shall put the following: Please place in the motion calendar for: Judge Dana M. Hathaway Bar No: 68588 Date: One week from the date of filing Time: 2:00 pm

WARNINGCivil cases

Applies to

Discovery production

Produced documents must be identified by bates number or similar so it is clear which documents correspond to each interrogatory.

Documents identified consistent with MCR 2.309(E) shall be identified by bates number or otherwise such that it is clear which produced documents correspond to each interrogatory.

WARNINGCivil cases

Applies to

Pleading

Must include

proposed order

Pleadings should include proposed orders.

All pleadings must be efiled and should include proposed orders.

WARNINGCivil cases

Applies to

Joint case management plan

The Joint Case Management Plan must address specified topics including claims/defenses, damages, venue, scheduling, discovery, and jury/non-jury trial.

The Joint Plan must address the following: 1. A brief description of the Plaintiff's claim(s) and a brief description of the Defendant's defenses. Additional paragraphs may be added to address any counterclaims, third-party claims or other additional claims in the case.

WARNINGCivil cases

Applies to

Case management protocol

Judge Allen's Business Court Case Management Protocol is adopted as a Court Order for all business court cases unless objections are filed before the Case Management Conference.

Judge Allen's Business Court Case Management Protocol, attached, shall be adopted as a Court Order by the Court for the governance of all cases assigned to the business court docket unless specific objections are filed by either party prior to the Case Management Conference.

WARNINGCivil cases

Applies to

Privilege log

Documents withheld on privilege grounds must be logged with five specified elements and produced concurrently with the document production and written responses.

Any document withheld on the basis of a claimed privilege, and generated before the initiation of litigation, shall be logged to allow the opposing party and the Court to assess the prima facie assertion of privilege. The log shall be produced at the same time as the document production. The document production shall be made at the same time as the written responses. The log shall (1) state the document number (e.g. Bates number) of the document, (2) describe the nature and general subject matter of the document not produced,(3) state the date and type of document (e.g., e-mail, notes, memo, etc.), (4) state the name(s) of the author/sender, recipient, and any third parties recipients copied, or, if known, who later received copies; and (5) State the privilege(s) asserted as to the withheld document.

WARNINGCivil cases

Applies to

Pleading

Attorneys of record must include an email address on all future pleadings.

Attorneys of Record must also provide an email address on all future pleadings.

WARNINGCivil cases

Applies to

Discovery response

Discovery objections must be clear and concise, with boilerplate objections discouraged and responses indicating the scope of any withholding.

Objections shall be clear and concise. Boilerplate or "general" objections are discouraged. Responses with objections shall clearly indicate the scope of the withholding of any information or document on the basis of an asserted objection.

WARNINGCivil cases

Applies to

Initial disclosure

Parties must serve initial disclosures based on reasonably available information and are not excused for incomplete investigation or another party's failure to disclose.

A party must serve initial disclosures based on the information then reasonably available to the party. A party is not excused from making disclosures because the party has not fully investigated the case or because the party challenges the sufficiency of another party's disclosures or because another party has not made its disclosures.

WARNINGCivil cases

Applies to

Confidentiality agreement

I, _____________, being first duly sworn, state that: 1. My address is _________________________________________________________________. 2. My present employer is ____________________________________________, and the address of my employer is _____________________________________________________________________. 3. My present occupation is ________________________________________________________. 4. I have received a copy of the Stipulated Protective Order in the case of __________________ Case No. ___________________________ in the Wayne County Circuit Court of Michigan. 5. I submit to the jurisdiction of the Wayne County Circuit Court for purposes of enforcement of the Stipulated Protective Order. 6. I have carefully read and understand the provisions of the Stipulated Protective Order, and I will comply with all of its provisions.

I, _____________, being first duly sworn, state that: 1. My address is _________________________________________________________________. 2. My present employer is ____________________________________________, and the address of my employer is _____________________________________________________________________. 3. My present occupation is ________________________________________________________. 4. I have received a copy of the Stipulated Protective Order in the case of __________________ Case No. ___________________________ in the Wayne County Circuit Court of Michigan. 5. I submit to the jurisdiction of the Wayne County Circuit Court for purposes of enforcement of the Stipulated Protective Order. 6. I have carefully read and understand the provisions of the Stipulated Protective Order, and I will comply with all of its provisions.

WARNINGCriminal cases

Applies to

Exhibits

All exhibits must be marked before trial.

All exhibits are to be marked before trial.

WARNINGCivil cases

Applies to

Exhibits

Exhibits must include only the specific pages needed for review, not entire transcripts or pleadings.

Regarding exhibits, only include the specific pages needed for review in connection with the motion, not an entire transcript or pleading.

WARNINGCivil cases

Applies to

Alternate service order

Orders for Alternate Service submitted for electronic signature should have a copy of the postal check and affidavit attached.

Orders for Alternate Service submitted for electronic signature should have a copy of the postal check and affidavit attached.

WARNINGCivil cases

Applies to

EPraecipe

When filing a motion for reconsideration, enter the next business day as the motion date and the motion time as 9:00am.

As no hearing is scheduled for such motions, please enter the next business day as the motion date and a motion time of 9:00am.

WARNINGCivil cases

Applies to

Motion in limine

For Motions in Limine, the praecipe and notice of hearing will have the first day of trial as the hearing date.

Praecipe and Notice of Hearing date will be the first day of trial.

WARNING

Applies to

Motion

All motions should include supporting documents regarding needs/ability to pay.

Further, all motions should include supporting documents as to the issue of needs/ability to pay.

WARNINGCivil cases

Applies to

Praecipe

Reconsideration motions require a Praecipe given a Friday date 30 days in the future so the Clerk can set a control date.

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.

WARNINGCivil cases

Applies to

Exhibits

Exhibits submitted to chambers must have the portions relevant to the case highlighted.

Highlight what pertains to your case.

WARNINGCivil cases

Applies to

Substitution order

Orders for substitution of counsel must include the specified language that substitution does not affect previously scheduled dates.

The Order for Substitution must include the following language: "This Substitution does not affect any previously scheduled dates."

WARNINGCivil cases

Applies to

Motion to adjourn scheduling order

Motions to adjourn scheduling orders must include the current scheduling order and list all relevant dates in the body of 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.

WARNINGCivil cases

Applies to

Video evidence

Videos and electronic evidence must be emailed to chambers via a link, followed by an advising email.

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.

WARNINGCivil cases

Applies to

Motion brief

Unpublished cases may not be cited or included because they are not binding precedent.

Do not cite to or include UNPUBLISHED cases to support your argument. They are NOT BINDING precedent.

WARNINGCivil cases

Applies to

Praecipe

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.

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

WARNINGCivil cases

Applies to

Notice

All hearing notices must contain Zoom connection information.

All notices must contain Zoom connection information: Zoom available thru "Virtual Hearing" for Judge Kevin J. Cox here: http://3rdcc.org/courtroom-zoom-info

WARNINGCivil cases

Applies to

Stipulated order to dismiss party

A stipulated order dismissing a party must be signed by all counsel of record.

All counsel of record must sign a stipulated order to dismiss a party.

WARNINGCivil cases

Applies to

Motion

Must include

proposed order

Proposed Orders should be attached to the motion or response and also brought to the motion hearing.

Proposed Orders should be attached to the motion/response as well as brought to the motion hearing.

WARNINGCivil cases

Applies to

Pleading

Must include

caption

The attorney appearing on or handling a motion must be listed first on that party's caption, and no-fault cases must have a primary attorney assigned.

The attorney who plans to appear on a motion, or the attorney who should be contacted by the court with regard to a motion, must be the first attorney listed on the caption for the respective party. On no-fault cases, a primary attorney must be assigned to each case.

WARNINGCivil cases

Applies to

Pleading

Must include

caption

Dismissed parties must remain on the caption with a strike-through line over their name to show they have been dismissed.

Parties who are dismissed from an action must remain on the caption with a strike-through line over their name to indicate to the Court that they have been dismissed from the case.

WARNINGCivil cases

Applies to

Transcript exhibit

Transcript exhibits must include the entire transcript in mini script form with referenced portions clearly indicated, precise citations in the brief, and cited portions clearly highlighted in the exhibit.

If a transcript is attached as an exhibit, the entire transcript (in mini script form) must be included as an attachment with the referenced portion(s) clearly indicated. Precise citations to the specific portions used to support your argument must be included in your brief, and cited portions of the transcript must be clearly highlighted within the exhibit.

WARNINGCivil cases

Applies to

Motion for consolidation

Without a stipulation, a Motion for Consolidation must be filed in each case number with all required details, and a praecipe for each motion must request the same date and time so the motions are heard together.

If you are not able to get a stipulation, you must file a Motion for Consolidation into each case number that you are trying to consolidate. The motion must include all of the details explained above. Please also submit a praecipe for each motion filed requesting the same date and time so that the motions are scheduled to be heard together.

WARNINGCivil cases

Applies to

Medical documentation exhibit

Medical documentation exhibits require precise citations in the brief and clearly highlighted cited portions within the exhibit.

If medical documentation is attached as an exhibit, precise citations to the specific portions used to support your argument must be included in your brief, and cited portions of the medical documentation must be clearly highlighted within the exhibit.

WARNINGCivil cases

Applies to

Order

Orders stating the Court's ruling on a motion must clearly indicate the oral argument hearing date in the preamble of the Order.

When preparing an Order delineating the Court's ruling on your motion, you must clearly indicate the hearing date when oral arguments were held on your motion in the preamble of your Order.

WARNINGCivil cases

Applies to

Motion to intervene

A motion to intervene must state the proposed claim amount in the body of the motion, attach the Status Conference Scheduling Order (and current scheduling order if different), and list all relevant dates including the filing and Case Evaluation dates.

The proposed intervening party must provide the court with the amount of their proposed claim in the body of the motion. The moving party must attach a copy of the Status Conference Scheduling Order, the current scheduling order (if different), and must list all relevant dates (including the case filing date and the Case Evaluation date) in the body of the motion.

WARNINGCivil cases

Applies to

Order

When submitting an order following a motion hearing, please indicate in the 'Filer Comments' that the order is being submitted consistent with the Court's ruling and indicate the date of that hearing.

When submitting an order following a motion hearing, please indicate in the 'Filer Comments' that the order is being submitted consistent with the Court's ruling and indicate the date of that hearing.

WARNINGCivil cases

Applies to

Default judgment

In a breach-of-contract case, an affidavit from an adjuster knowledgeable about the claim file may be submitted instead of the adjuster appearing.

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.

WARNING

Applies to

Motion

A request for entry of judgment involving minor children before the six-month waiting period expires must be made by written motion alleging specific facts of unusual hardship or compelling necessity.

Any request for entry of judgment involving minor children before expiration of the six-month waiting period from the date of filing must be made by written motion and must allege specific facts demonstrating unusual hardship or compelling necessity. A blanket assertion that an expedited divorce is in the best interests of the minor children is insufficient. See MCL 552.9f and MCR 3.210.

WARNING

Applies to

Motion

After a motion is accepted for filing, the filing party must complete the Praecipe to obtain a hearing date.

After a motion has been accepted for filing, the filing party must complete the Praecipe. Once the Praecipe has been processed, a completed copy will be returned with a hearing date.

WARNINGCivil cases

Attorneys must bring their calendars to the settlement conference because the Court sets the trial date and any later settlement conferences then.

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.

WARNINGCivil cases

Applies to

Trial materials

Visual aids must be set up by 8:30 a.m. on trial day, and attorneys must bring exhibit-marking stickers.

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.

WARNING

Applies to

Jury verdict form

The parties must stipulate to the jury verdict form in advance.

Shall be stipulated to by parties in advance.

WARNINGCivil cases

Applies to

Jury instructions

Plaintiff's attorney must bring 11 copies of the jury instructions for trial.

Plaintiff's attorney to bring 11 copies of Jury Instructions for Trial.

WARNINGCivil cases

Applies to

Evaluation

Driver's license restoration matters are heard Friday mornings during Motion Call and an evaluation must be available before the hearing.

Friday mornings during Motion Call. Must have evaluation available before hearing.

WARNINGCivil cases

Applies to

Jury instructions

Attorneys are to prepare the proposed jury instructions.

Proposed Jury Instructions: Attorneys to prepare.

WARNING

Applies to

Proposed final judgment

All proposed final judgments should include a hearing date in the preamble (i.e. the hearing at which proofs were taken, the hearing at which the order was given on the record, etc.)

All proposed final judgments should include a hearing date in the preamble (i.e. the hearing at which proofs were taken, the hearing at which the order was given on the record, etc.)

WARNING

Applies to

Spousal support motion

Spousal support motions must specifically address the Sparks v. Sparks factors.

Motions regarding spousal support must address the factors set out in Sparks v. Sparks , 440 Mich 141; 485 NW2d 893 (1992) with specificity.

WARNING

Applies to

Motion

Motions must attach a copy of the current support, custody, or parenting time order.

Always attach a copy of the current support/custody/or parenting time Order to the Motion.

WARNING

Applies to

Attorney fees motion

Motions seeking attorney fees must include supporting documents on the issue of needs and ability to pay.

Further, all motions seeking attorney fees should include supporting documents as to the issue of needs/ability to pay.

WARNING

Applies to

Change of domicile motion

Change of domicile motions must address the factors in MCL 722.31.

Change of domicile motions must address the factors set out in MCL 722.31.

WARNING

Applies to

Proposed uniform support order

Calculations must accompany each proposed Uniform Child Support Order and/or Uniform Spousal Support Order.

Calculations must be submitted with each proposed Uniform Child Support Order and/or Uniform Spousal Support Order.

WARNING

Applies to

Motion

All motions must conform to the Michigan Court Rules, including MCR 2.119.

All motions need be in conformity with the Michigan Court Rules. See generally, MCR 2.119.

INFOCivil cases

Applies to

Answer

In no-fault cases, the Defendant should submit a Request to Produce for signed medical authorizations at the time of filing the Answer.

At the time of filing the Answer, Defendant should submit a Request to Produce directed to the Plaintiff requesting signed Medical Authorizations for all medical providers known to the Plaintiff relating to the claims identified in the Complaint. (See MCR 2.314)

INFOCivil cases

Applies to

Motion

No oral argument is provided for motions for reconsideration unless the Court notifies.

No oral argument is provided unless notified by the Court.

INFOCivil cases

Applies to

Response

Responses should be limited to the pleading being answered.

Please limit response to pleading being answered.

INFO

Applies to

Order

Unrepresented litigants must wait for the court or staff to provide a written order.

Unrepresented litigants must wait for the court/staff to provide a written order.

INFOCivil cases

Applies to

Email to chambers

Emails to chambers must include the hearing date and case number in the subject line.

Be sure to include your date of hearing and case number in the subject line.

INFOCivil cases

Applies to

Voir dire questions

The parties are encouraged and permitted to submit proposed voir dire questions.

The parties are encouraged to and may submit proposed voir dire questions.

INFOCivil cases

Applies to

Joint final pretrial order

Attorneys may submit additional voir dire questions to the Judge with the Joint Final Pretrial Order.

Attorneys may submit additional questions to the Judge with the Joint Final Pretrial Order.