Third Judicial Circuit Court of Michigan Pre-Motion Conference Requirements

CRITICALCivil cases

Motions to compel discovery must state that the movant conferred or attempted to confer in good faith before filing.

When filing a motion pursuant to MCR 2.309(C) or 2.31 0(C)(3), a party must state that the movant has in good faith conferred or attempted to confer with the party not making the disclosure in an effort to secure the disclosure without court action.

CRITICAL

Counsel must communicate the requested relief to opposing counsel prior to filing any motion; failure may result in attorney fees or sanctions.

COUNSEL MUST COMMUNICATE THE REQUESTED RELIEF TO OPPOSING COUNSEL PRIOR TO FILING MOTION. Failure to do so will result in court granting attorney fees and/or sanctions.

CRITICALCivil cases

Attorneys must discuss motions to compel and other discovery motions with opposing counsel before filing.

Attorneys must discuss these Motions with opposing counsel prior to filing.

CRITICALCivil cases

Motions concerning expert credentials or Daubert issues are treated as summary-disposition motions and must follow that motion’s scheduling and procedural requirements.

Any Motion concerning expert witness credentials or Daubert related issues is considered a Motion for Summary Disposition and must be scheduled accordingly and comply with the aforementioned protocol on Summary Disposition Motions.

CRITICALCivil cases

Counsel must discuss motions to compel and other discovery motions with opposing counsel before filing.

Motions to Compel and Other Discovery Motions must be discussed with opposing counsel prior to filing.

CRITICAL

For summary disposition motions, the moving party must e-file the motion first, then contact the judicial attorney for a hearing date, then file a Praecipe and Notice of Hearing.

Moving party must first e-file the Motion before obtaining a hearing date. Call Judicial Attorney Kaitlyn Clements at 313-224-6267 or E-mail JudgeHughes-Court @3rdcc.org. An Order will be issued with the hearing date. The moving party shall then file a Praecipe with the date and time of the hearing and file a Notice of Hearing.

CRITICAL

Parties who miss the court-rule time limits for opting out of case evaluation must file a motion.

Parties must file a motion if they are beyond the time limits put forth in the court rule.

CRITICAL

Disagreements about jury instructions must be submitted in a motion before trial.

Any disagreements regarding JI shall be submitted in a motion before trial.

CRITICALCivil cases

If case evaluation is not accepted, counsel and self-represented litigants must appear by Zoom for a first settlement conference 42 days after case evaluation.

Yes, counsel for all parties and any self-represented litigants are directed to appear for a first settlement conference via Zoom video forty-two ('42') days after their case evaluation, if there is non-acceptance of case evaluation.

CRITICALCivil cases

Counsel and self-represented litigants must appear by Zoom for the first settlement conference after case evaluation.

All counsel/self-represented litigants must appear for the first settlement conference following Case Evaluation via Zoom video.

CRITICALCivil cases

In-person settlement conferences are scheduled for 9:45 a.m.; clients and adjusters must personally appear when the conference is set for that time.

In person Settlement Conferences are always scheduled for 9:45 AM; if your Settlement Conference is scheduled for 9:45 AM it is IN PERSON, with clients/adjusters also required to personally appear.

WARNINGCivil cases

Responses to rehearing or reconsideration motions are not permitted unless the Court specifically allows them.

Pursuant to MCR 2.119(F)(2), no responses are permitted unless the Court specifically allows them.

WARNINGCivil cases

All summary-disposition motions are heard with oral argument.

All Motions for Summary Disposition shall be heard WITH oral argument.

WARNINGCivil cases

Non-dispositive motions may not have reply or supplemental briefs unless the Court grants leave.

For non-dispositive motions, pursuant to MCR 2.119(A)(2)(b), no reply briefs or supplemental briefs are allowed without leave of the Court.

WARNINGCivil cases

Rehearing or reconsideration motions receive no oral argument unless the court gives notice otherwise.

No oral argument is provided, unless notified by the Court.

WARNINGCivil cases

For subsequent conferences, all parties, counsel, and representatives with full settlement authority will typically be ordered to appear in person.

For subsequent conferences, all parties/insurance adjusters/representatives with full settlement authority will typically be ordered to appear along with all counsel in person.

WARNINGCivil cases

General non-summary-disposition motions may be noticed for any business Friday at 9:00 a.m. by Zoom, and the praecipe is submitted after the filing is entered by the Clerk’s Office.

*NEXT AVAILABLE GENERAL CIVIL MOTION DATES FOR JUDGE WANDA A. EVANS: ALL GENERAL (non-summary disposition) MOTIONS MAY ALWAYS BE NOTICED FOR A HEARING ON ANY BUSINESS FRIDAY AT 09:00 AM VIA ZOOM, WITH PRAECIPE SUBMITTED FOR THE SAME AFTER THE FILING IS ENTERED BY THE CLERK'S OFFICE.

WARNINGCivil cases

Motions are typically heard Fridays at 9:00 a.m. unless the Judge or Judicial Attorney specially approves another arrangement.

6.Motions are typically heard on Fridays at 9:00 am, unless other arrangements are specially approved by Judge or Judicial Attorney.

INFO

Cases are referred to non-binding mediation before evidentiary hearings or trials; a telephone case management conference may be held if stipulated.

Nearly all cases will be referred to non-binding mediation prior to the court conducting an evidentiary hearing or trial. If both parties are represented by counsel and a stipulated order is presented scheduling mediation, a case management conference may be held via telephone with the attorneys.

INFOCivil cases

The Court will set a firm hearing date and response deadlines in a scheduling order.

The Court will issue a scheduling order with a firm date and deadlines for responses to be filed.