Judge Joseph Toia
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Summary Disposition Motion
Courtesy copies
Court-wide- Immediately Upon Filing
Adjournments
- A motion may be adjourned when the filing party contacts the clerk or secretary.
- An EDSC, status, or settlement-conference adjournment may be requested by stipulation, but the order must state the reasons and new conference date, which must be obtained before submission.
- For the first request only, the court may permit a 60-day extension of Discovery and Case Evaluation Order dates by party stipulation.
- +4 more
Request must include
Communication
Phone
Court-wideDocument Format Requirements2 rules
Checked against the court's document on Oct 4, 2026Important
Proposed trial exhibits should be pre-stickered and remain unmarked.
As this is a video courtroom, please have the proposed exhibits pre-stickered and unmarked.
Not confirmed. Read the court's wording below.Mandatory?
If a jury trial, to the extent possible, have completed, typed jury instructions, including a proposed jury verdict form for the Court and all counsel (not just by jury instruction number). Simply providing jury instruction numbers is not permitted. Photocopies of completed M Civ JI’s and CJ12d’s are acceptable provided that blank spaces are completed and any alternatives in the instructions are chosen. Each instruction shall be on a separate sheet.
Summary: For a jury trial, counsel should provide completed typed instructions and a proposed verdict form, with each instruction on a separate sheet and no blank spaces or unresolved alternatives.
Document Filing Requirements4 rules
Checked against the court's document on Oct 4, 2026Mandatory
An alternative-service request must include a verified motion, proposed order, process-server affidavit documenting at least three reasonable service attempts, and completed postal verification.
Requests for alternative service must be accompanied by a verified motion, proposed order, an affidavit of the process server showing reasonable efforts (at least 3 attempts) to make service of process and a completed postal verification.
Document Type
Alternative Service Request
Checked against the court's document on Oct 4, 2026Mandatory
A request to extend summons must be submitted before the original summons expires and must include a motion and proposed order.
Requests to extend the summons must be accompanied by a motion and proposed order and must be submitted prior to the expiration of the original summons.
Document Type
Extension Of Summons Request
Checked against the court's document on Oct 4, 2026Mandatory
After obtaining a facilitation date, parties must submit a stipulation and order, obtain a post-facilitation settlement-conference date, and include that date or the submission will be rejected.
A stipulation and order must be submitted to the court once a facilitation date has been obtained. Please contact the secretary or clerk to obtain a settlement conference date to be held after the facilitation. A stipulation and order submitted without a settlement conference date will be rejected.
Document Type
Mediation Stipulation And Order
Not confirmed. Read the court's wording below.Mandatory?
Submit a Trial Brief containing a brief statement of facts, issues, theory of case and memorandum of law.
Summary: Counsel must submit a trial brief containing a statement of facts, the issues, the theory of the case, and a memorandum of law.
Document Type
Trial Brief
Filing & Service rules
Electronic Filing Rules
After the complaint is filed with the clerk, subsequent pleadings must be filed electronically through the court’s e-filing website.
After a complaint is filed in the Clerk’s Office, subsequent pleadings must be filed electronically on the Court’s eFiling website: https://mifile.courts.michigan.gov.
Checked against the court's document on Oct 4, 2026
Page 1 | e-Filing
Electronic filing is mandatory for all cases assigned to Judge Toia.
Electronic filing is mandatory for all cases assigned to Judge Toia.
Not confirmed. Read the court's wording below.
Page 1 | e-Filing
Filing Timing and Cure Windows
Counsel must provide trial witness lists to the court and all counsel 14 days before trial, including witness presentation information and specified details for medical experts.
Fourteen days before the trial date, counsel shall supply trial witness lists to the Court and all counsel of actual and/or probable witnesses, indicating if in person or by deposition and, for medical experts, the hospital and office where the witness practices and his or her specialty.
Checked against the court's document on Oct 4, 2026 · Civil cases
Page 1 | BEFORE THE DAY OF TRIAL
A trial-day motion will not be entertained unless the filer demonstrates good cause.
Motions filed on the day of trial will not be entertained except for good cause shown.
Checked against the court's document on Oct 4, 2026 · Civil cases
Page 1 | BEFORE THE DAY OF TRIAL
Deposition objections filed on the trial date will not be entertained unless good cause is shown.
Objections to depositions filed on the day of trial will not be entertained except for good cause shown.
Checked against the court's document on Oct 4, 2026 · Civil cases
Page 1 | BEFORE THE DAY OF TRIAL
In limine and trial motions must be submitted 14 days before trial, with responses submitted seven days before trial.
File all motions in limine and/or trial motions with the Judge and counsel 14 days before the trial date with responses to be filed with the Judge and opposing counsel 7 days before trial date.
Checked against the court's document on Oct 4, 2026 · Civil cases
Page 1 | BEFORE THE DAY OF TRIAL
Deposition objections and supporting argument must be submitted 14 days before trial, with responses due seven days before trial.
If depositions have objections therein, the parties shall submit to the Judge and opposing counsel no later than 14 days before trial date, the objections with supporting law, including argument, with responses to be filed with the Judge and opposing counsel 7 days before the trial date.
Checked against the court's document on Oct 4, 2026 · Civil cases
Page 1 | BEFORE THE DAY OF TRIAL
Case evaluation must occur after the discovery initiation deadline.
Case evaluation shall occur after the discovery initiation deadline in paragraph 1 of this Order.
Checked and corrected to match the court's document on Oct 4, 2026 · Civil cases
Page 1 | Case Evaluation
The discovery cutoff is the date stated in the order and may be extended only by court order.
All discovery, including depositions, interrogatories, medical examinations, etc., shall be cutoff by ___________________________________, unless extended by order of the Court.
Not confirmed. Read the court's wording below. · Civil cases
Page 1 | Discovery
Summary disposition motions must be filed and heard by the date stated in the order.
Summary disposition motion(s) must be filed and heard by __________________________________.
Not confirmed. Read the court's wording below. · Civil cases
Page 1 | Summary Disposition Motions
Unresolved deposition objections will be heard on the day of trial.
If the parties have not resolved the objections, a hearing will be heard on the day of trial.
Not confirmed. Read the court's wording below. · Civil cases
Page 1 | BEFORE THE DAY OF TRIAL
In limine motions ordinarily will be heard on the trial date, but an earlier hearing may be allowed for a compelling reason.
All motions in limine will be heard on the day of trial unless a compelling reason for an earlier hearing can be demonstrated.
Not confirmed. Read the court's wording below. · Civil cases
Page 1 | BEFORE THE DAY OF TRIAL
Filing Fees and Waivers
If a Case Evaluation Hearing has been scheduled, a $150 adjournment fee must be paid before submitting the order for entry.
If a Case Evaluation Hearing has already been scheduled, the parties must pay the $150 adjournment fee prior to submitting the order for entry.
Checked against the court's document on Oct 4, 2026
Page 1 | Scheduling orders
When case evaluation is already scheduled, an adjournment fee must be paid before entry of the order and divided pro rata unless the parties agree otherwise or the court orders otherwise.
If case evaluation has already been scheduled, the adjournment fee must be paid prior to entry of this Order. Any such fee will be divided between the parties on a pro-rata basis unless otherwise agreed by the parties or ordered by the Court.
Checked against the court's document on Oct 4, 2026 · Civil cases
Page 1 | Stipulated Order for First Extension of Discovery and/or Case Evaluation Dates
Courtesy Copy Requirements
For summary disposition motions, counsel must call the clerk or secretary for a date and provide the judge’s copy.
Summary Disposition Motions - Mondays at 10:00AM - (Must call Clerk or Secretary for date) (Judge's copy required) - ZOOM
Checked against the court's document on Oct 4, 2026
Page 1 | Scheduling days and times
Adjournment & Extension Requirements
Subsequent extensions of scheduling-order dates must be requested by motion and will be granted only on a showing of good cause.
Any subsequent requests to extend the scheduling order dates must be made by motion and only will be granted upon a showing of good cause.
Checked against the court's document on Oct 4, 2026
Page 1 | Scheduling orders
Any additional request to extend dates must be made by motion and may be granted only by court order in the court's discretion.
Any additional request to extend dates must be made by motion, and shall only be granted by order in the discretion of the Court.
Checked against the court's document on Oct 4, 2026 · Civil cases
Page 1 | Additional Adjournments
A motion may be adjourned when the filing party contacts the clerk or secretary.
Motions – may be adjourned by filing party by contacting Clerk or Secretary.
Checked against the court's document on Oct 4, 2026
Page 1 | Adjournments
For the first request only, the court may permit a 60-day extension of Discovery and Case Evaluation Order dates by party stipulation.
For the first request, Judge Toia may permit a 60-day extension of the dates set forth in the Discovery and Case Evaluation Order by stipulation of the parties (you may use this form).
Checked against the court's document on Oct 4, 2026
Page 1 | Scheduling orders
An EDSC, status, or settlement-conference adjournment may be requested by stipulation, but the order must state the reasons and new conference date, which must be obtained before submission.
EDSC/Status/Settlement Conferences - requests for adjournments may be made by stipulation. The reason(s) for the request and a new Conference date must be stated in the order. Please obtain a new date from Judge Toia’s Clerk or Secretary – prior to submitting the Stipulated Order.
Checked against the court's document on Oct 4, 2026
Page 1 | Adjournments
Facilitative mediation will generally be required to occur within 60 days unless good cause supports an extension.
The Court will generally require that facilitation occur within 60 days, unless good cause is shown for an extension.
Checked against the court's document on Oct 4, 2026
Page 1 | Facilitative mediation
Any additional date extension must be requested by motion and granted only by a discretionary court order.
Any additional request to extend dates must be made by motion, and shall only be granted by order in the discretion of the Court.
Checked against the court's document on Oct 4, 2026 · Civil cases
Page 1 | Additional Adjournments
Chambers Communication Rules
The preferred method of contacting the judge’s office is by phone; email is not recommended.
The preferred method of contact is via phone; emailing is not recommended.
Checked against the court's document on Oct 4, 2026
Page 1 | Contact information
Criminal motions are scheduled for Wednesdays at 8:30 AM, and the secretary or clerk must be contacted for the date and time.
Motions - Wednesdays at 8:30AM (contact Secretary or Clerk for date and time)
Not confirmed. Read the court's wording below.
Page 1 | Scheduling days and times