Court Rules
Judge

Judge Dana M. Hathaway

Individual Rules, Standing Orders & Policies

Third Judicial Circuit Court of Michigan

Limits & Logistics

Document Limits

Brief
25 pgs
Exhibits
125 pgs

Courtesy Copies

Motion

  • Mail

Motion, Response, Reply

  • Upon Filing

Reconsideration Motions

  • Mail

Adjournments

  • Parties may adjourn from Track 1 to Track 2 by stipulation and order that must include the new tracking dates.
  • Adjournment requests beyond the Track 2 dates must be made by motion, with the next available hearing date obtained from the court clerk.
  • To adjourn the settlement conference for facilitation, parties must provide a date and time certain of the facilitation; proof may be emailed to the Court Clerk or Judicial Attorney.

Request must include

Proposed New Dates
  • Requests to adjourn case evaluation must be made at least 14 days before the scheduled evaluation, or the parties will be responsible for late fees.
  • Adjournment requests must be made at least 7 days before the scheduled settlement conference, sent to the Judicial Attorney, including all attorneys of record, and must include the facilitator's name and date if for a private facilitation.

Communication

Email

Chambers

lorri.cary@3rdcc.org
Scheduling
Filters:AllMandatoryImportantTOC/TOAPage LimitsMemorandaExhibitsSettlementConferences

Page & Word Limits2 rules

Page LimitsCivil cases

Checked against the court's document on Sep 21, 2026Mandatory

Motions and briefs for summary disposition cannot exceed 25 pages; exceeding the limit requires leave from the court.

Pursuant to MCR 2.116(G) and MCR 2.119(A)(2)(a), and pursuant to the Judge's protocols, the motion and brief cannot exceed 25 pages. If any party's pleading exceeds the page limitation, leave from the court must be given.

Brief

25 pages

Wayne:45782027d769f8d95cb5e72b
|SecDISPOSITIVE MOTIONS
Page LimitsCivil cases

Checked against the court's document on Sep 21, 2026Mandatory

Exhibits are limited to 125 pages; exceeding the limit requires leave from the court.

Exhibits are limited to 125 pages. Any party seeking to exceed the page limitation for exhibits must seek leave from the court.

Exhibits

125 pages

Wayne:45782027d769f8d95cb5e72b
|SecDISPOSITIVE MOTIONS

Document Filing Requirements6 rules

Filing RequirementsCivil cases

Checked against the court's document on Sep 21, 2026Important

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.

Document Type

Praecipe

Specific requirements detailed in rule text.
Wayne:45782027d769f8d95cb5e72b
|SecALL MOTIONS EXCEPT SUMMARY DISPOSITION MOTIONS AND RECONSIDERATIONS
Filing RequirementsCivil cases

Checked against the court's document on Sep 21, 2026Important

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."

Document Type

Motion

Specific requirements detailed in rule text.
Wayne:45782027d769f8d95cb5e72b
|SecALL MOTIONS EXCEPT SUMMARY DISPOSITION MOTIONS AND RECONSIDERATIONS
Filing RequirementsCivil cases

Checked against the court's document on Sep 21, 2026Important

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 ____________."

Document Type

Stipulation And Order

Specific requirements detailed in rule text.
Wayne:45782027d769f8d95cb5e72b
|SecCASE EVALUATION AND OPT OUT
Filing RequirementsCivil cases

Checked against the court's document on Sep 21, 2026Important

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.

Document Type

Pretrial Order

Specific requirements detailed in rule text.
Wayne:45782027d769f8d95cb5e72b
|SecFINAL PRE-TRIAL CONFERENCES AND TRIAL
Filing RequirementsCivil cases

Not confirmed. Read the court's wording below.Important?

A Stipulation and Order must contain that language.

Summary: A stipulation and order for a case evaluation adjournment must contain the language regarding late fees.

Document Type

Stipulation And Order

Specific requirements detailed in rule text.
Wayne:45782027d769f8d95cb5e72b
|SecCASE EVALUATION AND OPT OUT
Filing RequirementsCivil cases

Not confirmed. Read the court's wording below.Important?

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

Summary: 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.

Document Type

Praecipe

Specific requirements detailed in rule text.
Wayne:45782027d769f8d95cb5e72b
|SecMOTIONS FOR RECONSIDERATION

Filing & Service rules

Electronic Filing Rules

The court is an e-file court, so filings must be made electronically.

WAYNE COUNTY CIRCUIT COURT IS AN E-FILE COURT.

Not confirmed. Read the court's wording below. · Civil cases

Page 1 | COURT ROOM PROCEDURES

Filing Timing and Cure Windows

Dispositive motions must be scheduled within 30 days after case evaluation or within 30 days of the first facilitation, whichever is first.

All dispositive motions must be scheduled within 30 days after case evaluation or within 30 days of the first facilitation, which ever is first.

Checked against the court's document on Sep 21, 2026 · Civil cases

Page 1 | DISPOSITIVE MOTIONS

An appeal briefing schedule is issued when the appeal is perfected, i.e., when the lower court file and transcripts have been e-filed and appear in the Register of Actions.

A briefing schedule will be issued when the appeal is perfected: when the lower court file and transcripts have been e-filed and appear in the ROA.

Checked against the court's document on Sep 21, 2026 · Civil cases

Page 1 | APPEALS

The appeal will be dismissed if not perfected pursuant to MCR 7.103, 7.104, 7.105, or 7.106.

A notice to dismiss the appeal will be served on the moving party if the appeal is not perfected pursuant to the applicable Michigan Court Rule: MCR 7.103, 7.104, 7.105 OR 7.106.

Checked against the court's document on Sep 21, 2026 · Civil cases

Page 1 | APPEALS

Service and Proof of Service Rules

Proof of service of process must be e-filed and appear in the Register of Actions by the status conference date, or the case will be administratively closed for lack of service.

Please take notice that if the proof of service of process has not been e-filed and/or appear in the Register of Actions by the date and time set for the status conference, the case will be administratively closed by the county clerk's office for lack of service.

Not confirmed. Read the court's wording below. · Civil cases

Page 1 | STATUS CONFERENCES

Courtesy Copy Requirements

Judge's copies must be delivered as follows: motion when filed, responses at least 7 days before the hearing, replies at least 3 days before the hearing; untimely responses and replies will not be considered.

Judge's copies must be timely delivered to the court: Motion when filed; responses at least 7 days prior to the hearing; reply's at least 3 days prior to the hearing. Again, untimely filed responses and reply's will NOT be considered by the court.

Checked against the court's document on Sep 21, 2026 · Civil cases

Page 1 | DISPOSITIVE MOTIONS

A Judge's copy of a motion for reconsideration must be mailed or delivered to the courtroom, or placed in the drop box outside if the doors are locked.

A Judge's copy must be mailed or delivered to the courtroom. If the courtroom doors are locked, the motion should be placed in the drop box left outside the courtroom.

Not confirmed. Read the court's wording below. · Civil cases

Page 1 | MOTIONS FOR RECONSIDERATION

Judge's copies for non-dispositive motions must be mailed or dropped off at the court, or left in the box outside the door if the courtroom is locked.

Judge's copies must be mailed or dropped off at the court. If the courtroom doors are locked, Judge's copies can be left in the box left outside the door.

Not confirmed. Read the court's wording below. · Civil cases

Page 1 | ALL MOTIONS EXCEPT SUMMARY DISPOSITION MOTIONS AND RECONSIDERATIONS

Adjournment & Extension Requirements

Requests to adjourn case evaluation must be made at least 14 days before the scheduled evaluation, or the parties will be responsible for late fees.

PLEASE BE ADVISED that if a request to adjourn case evaluation is not made at least 14 days before the scheduled case evaluation the parties will be responsible for late fees.

Checked against the court's document on Sep 21, 2026 · Civil cases

Page 1 | CASE EVALUATION AND OPT OUT

Adjournment requests must be made at least 7 days before the scheduled settlement conference, sent to the Judicial Attorney, including all attorneys of record, and must include the facilitator's name and date if for a private facilitation.

A request for an adjournment should be made at least seven (7) days prior to the scheduled conference. The request should be made to the Judge's Judicial Attorney at lorri.cary@3rdcc.org. The email MUST include all attorneys of record to ensure that there is consent to the request. If the request for the adjournment is to allow a private facilitation, the email MUST include the facilitator's name and the date of the facilitation so that the adjournment will allow time for the parties to accept/reject the facilitation award.

Checked against the court's document on Sep 21, 2026 · Civil cases

Page 1 | SETTLEMENT CONFERENCES AND ADJOURNMENTS

To adjourn the settlement conference for facilitation, parties must provide a date and time certain of the facilitation; proof may be emailed to the Court Clerk or Judicial Attorney.

If the parties want to adjourn the settlement conference to attend facilitation, they must provide a date and time certain of the facilitation before the court will adjourn the settlement conference. Proof of the facilitation can be emailed to the Court Clerk or the Judicial Attorney.

Checked against the court's document on Sep 21, 2026 · Civil cases

Page 1 | Final Pre-Trial Order outlining the Court's trial procedure

Adjournment requests beyond the Track 2 dates must be made by motion, with the next available hearing date obtained from the court clerk.

Any adjournment request past the Track #2 dates must be made by motion. The moving party should get the next available motion hearing date from the court clerk at (313) 224-2444 or at korey.pearson@3rdcc.org.

Checked against the court's document on Sep 21, 2026 · Civil cases

Page 1 | DISCOVERY AND ADJOURNMENTS

Parties may adjourn from Track 1 to Track 2 by stipulation and order that must include the new tracking dates.

Parties can submit a Stipulation and Order to adjourn from Track #1 to Track #2. The Order must include the new tracking dates.

Checked against the court's document on Sep 21, 2026 · Civil cases

Page 1 | DISCOVERY AND ADJOURNMENTS

Chambers Communication Rules

Dispositive motions are scheduled by contacting the Judge's Judicial Attorney by email.

To schedule a dispositive motion, the moving party is to contact the Judge's Judicial Attorney at lorri.cary@3rdcc.org.

Checked against the court's document on Sep 21, 2026 · Civil cases

Page 1 | DISPOSITIVE MOTIONS

Questions, comments, or concerns should be directed to Judicial Attorney Lorri A. Cary at lorri.cary@3rdcc.org.

If you have any questions, comments or concerns, please contact the Judicial Attorney, Lorri A. Cary at lorri.cary@3rdcc.org.

Checked against the court's document on Sep 21, 2026 · Civil cases

Page 1 | NOTICE

Parties may request an in-person Final Pre-Trial Conference when trial is set or by email to the Judicial Attorney, including all attorneys of record for consent.

Any party can request an in-person Final Pre-Trial Conference. The request should be made when the trial is set or should be emailed to the Judge's Judicial Attorney via email at lorri.cary@3rdcc.org. All attorneys of record must be included on the email to ensure consent to the request.

Not confirmed. Read the court's wording below. · Civil cases

Page 1 | FINAL PRE-TRIAL CONFERENCES AND TRIAL

Parties may request an in-person settlement conference by email to the Judicial Attorney, including all parties of record for consent.

The parties can request an in-person conference via email to the Judge's Judicial Attorney at lorri.cary@3rdcc.org. All parties of record must be included on the email to ensure that there is consent to the request.

Not confirmed. Read the court's wording below. · Civil cases

Page 1 | SETTLEMENT CONFERENCES AND ADJOURNMENTS

About Judge Dana M. Hathaway

Judge Dana M. Hathaway serves on the Third Judicial Circuit Court of Michigan, the state trial court for Wayne County, which handles civil, criminal, and family matters.

This judge's procedures are published through the court's general rules.

Common questions about Judge Dana M. Hathaway's rules

Are courtesy copies required for Judge Dana M. Hathaway?

Courtesy-copy rule applies for motions. Details: by mail. Judge's copies for non-dispositive motions must be mailed or dropped off at the court, or left in the box outside the door if the courtroom is locked.

View ruleSource: page 1, section ALL MOTIONS EXCEPT SUMMARY DISPOSITION MOTIONS AND RECONSIDERATIONS

What page or word limits apply to brief before Judge Dana M. Hathaway?

Judge Dana M. Hathaway's rule states these limits: 25 pages. Motions and briefs for summary disposition cannot exceed 25 pages; exceeding the limit requires leave from the court.

View ruleSource: page 1, section DISPOSITIVE MOTIONS

What page or word limits apply to exhibits before Judge Dana M. Hathaway?

Judge Dana M. Hathaway's rule states these limits: 125 pages. Exhibits are limited to 125 pages; exceeding the limit requires leave from the court.

View ruleSource: page 1, section DISPOSITIVE MOTIONS

What must be included with stipulation and order filings before Judge Dana M. Hathaway?

The rule identifies required filing content or certificates. 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 ________.'

View ruleSource: page 1, section CASE EVALUATION AND OPT OUT

What must be included with motion filings before Judge Dana M. Hathaway?

The rule identifies required filing content or certificates. 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.

View ruleSource: page 1, section ALL MOTIONS EXCEPT SUMMARY DISPOSITION MOTIONS AND RECONSIDERATIONS

How may parties contact Judge Dana M. Hathaway's chambers?

The rule addresses email communications with Judge Dana M. Hathaway's chambers. The rule lists email lorri.cary@3rdcc.org. Parties may request an in-person settlement conference by email to the Judicial Attorney, including all parties of record for consent.

View ruleSource: page 1, section SETTLEMENT CONFERENCES AND ADJOURNMENTS

How do I request an adjournment or extension before Judge Dana M. Hathaway?

Advance notice is not fully stated in the structured details. Requests to adjourn case evaluation must be made at least 14 days before the scheduled evaluation, or the parties will be responsible for late fees.

View ruleSource: page 1, section CASE EVALUATION AND OPT OUT

Is electronic filing required before Judge Dana M. Hathaway?

Yes. Electronic filing is required for the covered filings. The court is an e-file court, so filings must be made electronically.

View ruleSource: page 1, section COURT ROOM PROCEDURES

What filing deadlines does Judge Dana M. Hathaway set?

Dispositive motions must be scheduled within 30 days after case evaluation or within 30 days of the first facilitation, whichever is first.

View ruleSource: page 1, section DISPOSITIVE MOTIONS

What rule applies to e-service before Judge Dana M. Hathaway?

Proof of service is required for the covered service rule. Details: method: e-service. Proof of service of process must be e-filed and appear in the Register of Actions by the status conference date, or the case will be administratively closed for lack of service.

View ruleSource: page 1, section STATUS CONFERENCES
Complete rules summary for Judge Dana M. Hathaway

Parties may adjourn from Track 1 to Track 2 by stipulation and order that must include the new tracking dates.

Adjournment requests beyond the Track 2 dates must be made by motion, with the next available hearing date obtained from the court clerk.

Judge's copies for non-dispositive motions must be mailed or dropped off at the court, or left in the box outside the door if the courtroom is locked.

The court is an e-file court, so filings must be made electronically.

Proof of service of process must be e-filed and appear in the Register of Actions by the status conference date, or the case will be administratively closed for lack of service.

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 ________.'

Requests to adjourn case evaluation must be made at least 14 days before the scheduled evaluation, or the parties will be responsible for late fees.

A stipulation and order for a case evaluation adjournment must contain the language regarding late fees.

Adjournment requests must be made at least 7 days before the scheduled settlement conference, sent to the Judicial Attorney, including all attorneys of record, and must include the facilitator's name and date if for a private facilitation.

Parties may request an in-person settlement conference by email to the Judicial Attorney, including all parties of record for consent.

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

Dispositive motions must be scheduled within 30 days after case evaluation or within 30 days of the first facilitation, whichever is first.

Dispositive motions are scheduled by contacting the Judge's Judicial Attorney by email.

Motions and briefs for summary disposition cannot exceed 25 pages; exceeding the limit requires leave from the court.

Exhibits are limited to 125 pages; exceeding the limit requires leave from the court.

Judge's copies must be delivered as follows: motion when filed, responses at least 7 days before the hearing, replies at least 3 days before the hearing; untimely responses and replies will not be considered.

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.

A Judge's copy of a motion for reconsideration must be mailed or delivered to the courtroom, or placed in the drop box outside if the doors are locked.

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

Parties may request an in-person Final Pre-Trial Conference when trial is set or by email to the Judicial Attorney, including all attorneys of record for consent.

An appeal briefing schedule is issued when the appeal is perfected, i.e., when the lower court file and transcripts have been e-filed and appear in the Register of Actions.

The appeal will be dismissed if not perfected pursuant to MCR 7.103, 7.104, 7.105, or 7.106.

To adjourn the settlement conference for facilitation, parties must provide a date and time certain of the facilitation; proof may be emailed to the Court Clerk or Judicial Attorney.

Questions, comments, or concerns should be directed to Judicial Attorney Lorri A. Cary at lorri.cary@3rdcc.org.

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