Third Judicial Circuit Court of Michigan Document Filing Requirements
285 rules from official source documents
128 of 285 checked against the court's document. Each rule says how far it was checked. A value with a question mark is not in the court's wording on its card.
Required elements, certificates, and structural requirements for court documents. This page is scoped to Third Judicial Circuit Court of Michigan; use the court rules overview to switch categories without leaving this court.
Checked against the court's document on Sep 20, 2026CRITICAL
Civil 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.
Checked against the court's document on Sep 20, 2026CRITICAL
Civil cases
- Applies to
- Praecipe
A Praecipe must be filed with the court.
YOU MUST FILE A PRACEIPE WITH THE COURT.
Checked against the court's document on Sep 20, 2026CRITICAL
Civil 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.
Checked against the court's document on Sep 20, 2026CRITICAL
Civil 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.
Checked against the court's document on Sep 20, 2026CRITICAL
Civil 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.
Checked against the court's document on Sep 20, 2026CRITICAL
Civil 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.
Checked against the court's document on Sep 20, 2026CRITICAL
- 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.
Checked against the court's document on Sep 20, 2026CRITICAL
- 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.
Checked and corrected to match the court's document on Sep 20, 2026CRITICAL
- Applies to
- Order
Generally, original signatures must appear on all orders.
Generally, original signatures must appear on all orders.
Checked against the court's document on Sep 20, 2026CRITICAL
- 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.
Checked against the court's document on Sep 20, 2026CRITICAL
- 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.
Checked against the court's document on Oct 3, 2026CRITICAL
Civil 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
Checked against the court's document on Oct 3, 2026CRITICAL
Civil 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
Checked against the court's document on Oct 3, 2026CRITICAL
Civil 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.
Checked against the court's document on Oct 3, 2026CRITICAL
Civil 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.
Checked against the court's document on Sep 21, 2026CRITICAL
Civil 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.
Checked against the court's document on Sep 21, 2026CRITICAL
Civil 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.
Checked against the court's document on Sep 21, 2026CRITICAL
Civil 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.
Checked against the court's document on Sep 20, 2026CRITICAL
- 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.
Checked against the court's document on Sep 20, 2026CRITICAL
- 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.
Checked against the court's document on Sep 20, 2026CRITICAL
- 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.
Checked and corrected to match the court's document on Sep 20, 2026CRITICAL
- 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.
Checked against the court's document on Sep 20, 2026CRITICAL
- 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.
Checked against the court's document on Sep 20, 2026CRITICAL
- 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.
Checked against the court's document on Sep 20, 2026CRITICAL
- 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).
Checked against the court's document on Sep 20, 2026CRITICAL
- 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.
Checked against the court's document on Sep 20, 2026CRITICAL
- 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.
Checked against the court's document on Sep 20, 2026CRITICAL
- 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.
Checked against the court's document on Sep 20, 2026CRITICAL
- 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.
Checked against the court's document on Sep 20, 2026CRITICAL
- 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.
Checked and corrected to match the court's document on Sep 21, 2026CRITICAL
- 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.
Checked against the court's document on Sep 21, 2026CRITICAL
- 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.
Checked and corrected to match the court's document on Sep 21, 2026CRITICAL
- 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.”
Checked against the court's document on Sep 21, 2026CRITICAL
- 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.
Checked and corrected to match the court's document on Sep 21, 2026CRITICAL
- 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.
Checked against the court's document on Sep 21, 2026CRITICAL
- 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.
Checked against the court's document on Sep 21, 2026CRITICAL
- 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.
Checked against the court's document on Sep 21, 2026CRITICAL
- 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.
Checked against the court's document on Sep 21, 2026CRITICAL
- 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.
Checked against the court's document on Sep 21, 2026CRITICAL
- 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
Checked and corrected to match the court's document on Sep 21, 2026CRITICAL
- 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.
Checked against the court's document on Sep 21, 2026CRITICAL
Civil 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.
Checked against the court's document on Sep 21, 2026CRITICAL
Civil 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.
Checked against the court's document on Sep 21, 2026CRITICAL
Civil 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.
Checked against the court's document on Sep 21, 2026CRITICAL
Civil 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.
Checked against the court's document on Sep 21, 2026CRITICAL
Civil 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.
Checked and corrected to match the court's document on Sep 21, 2026CRITICAL
Civil 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
Checked against the court's document on Sep 20, 2026CRITICAL
Civil 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).
Checked against the court's document on Sep 20, 2026CRITICAL
Civil 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.
Checked against the court's document on Sep 20, 2026CRITICAL
Civil 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)'.
Checked against the court's document on Oct 3, 2026CRITICAL
Civil 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.
Checked against the court's document on Oct 3, 2026CRITICAL
Civil 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.
Checked against the court's document on Oct 3, 2026CRITICAL
Civil 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.
Checked against the court's document on Oct 3, 2026CRITICAL
Civil 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.
Checked against the court's document on Oct 3, 2026CRITICAL
Civil 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.
Checked against the court's document on Oct 3, 2026CRITICAL
Civil 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.
Checked against the court's document on Oct 3, 2026CRITICAL
Civil 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."
Checked against the court's document on Oct 3, 2026CRITICAL
Civil 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.
Checked against the court's document on Oct 3, 2026CRITICAL
Civil 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.
Checked against the court's document on Oct 3, 2026CRITICAL
Civil 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.
Checked against the court's document on Oct 3, 2026CRITICAL
Civil 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.
Checked against the court's document on Oct 3, 2026CRITICAL
Civil 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.
Checked against the court's document on Oct 3, 2026CRITICAL
Civil 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.
Checked against the court's document on Oct 3, 2026CRITICAL
Civil 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.
Checked against the court's document on Oct 3, 2026CRITICAL
Civil 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.
Checked against the court's document on Oct 3, 2026CRITICAL
Civil 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.
Checked against the court's document on Oct 3, 2026CRITICAL
Civil 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
Checked against the court's document on Oct 3, 2026CRITICAL
Civil 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.
Checked against the court's document on Oct 3, 2026CRITICAL
Civil 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.
Checked against the court's document on Oct 3, 2026CRITICAL
Civil 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.
Checked against the court's document on Oct 3, 2026CRITICAL
Civil 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.
Checked against the court's document on Oct 3, 2026CRITICAL
Civil 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.
Checked against the court's document on Oct 3, 2026CRITICAL
- 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).
Checked against the court's document on Oct 3, 2026CRITICAL
- 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.
Checked against the court's document on Sep 21, 2026CRITICAL
Civil 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.
Checked against the court's document on Sep 21, 2026CRITICAL
Civil 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!
Checked against the court's document on Oct 3, 2026CRITICAL
Civil 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
Checked against the court's document on Oct 3, 2026CRITICAL
Civil 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.
Checked against the court's document on Oct 3, 2026CRITICAL
Civil 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.
Checked against the court's document on Oct 3, 2026CRITICAL
Civil cases
Alternate service and second summons require separate orders and filings.
Separate orders/filings are required for alternate service and second summons.
Checked against the court's document on Oct 3, 2026CRITICAL
Civil 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
Checked against the court's document on Oct 3, 2026CRITICAL
Civil 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
Checked against the court's document on Oct 3, 2026CRITICAL
Civil 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.
Checked against the court's document on Oct 3, 2026CRITICAL
Civil 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
Checked against the court's document on Oct 3, 2026CRITICAL
Civil 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).
Checked against the court's document on Oct 3, 2026CRITICAL
Civil 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.
Checked against the court's document on Oct 3, 2026CRITICAL
Civil 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).
Checked against the court's document on Oct 3, 2026CRITICAL
Civil 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.
Checked against the court's document on Oct 3, 2026CRITICAL
Civil 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.
Checked against the court's document on Oct 3, 2026CRITICAL
Civil 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.
Checked against the court's document on Sep 20, 2026WARNING
Civil 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
Checked against the court's document on Sep 20, 2026WARNING
Civil 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.
Checked against the court's document on Sep 20, 2026WARNING
Civil 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.
Checked against the court's document on Sep 20, 2026WARNING
Civil 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.
Checked against the court's document on Sep 20, 2026WARNING
Civil 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)).
Checked against the court's document on Sep 20, 2026WARNING
Civil 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
Checked against the court's document on Sep 20, 2026WARNING
Civil cases
- Applies to
- Response
All motions must have written responses.
Written responses are required for all motions filed.
Checked against the court's document on Sep 20, 2026WARNING
Civil 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.
Checked against the court's document on Sep 20, 2026WARNING
Civil 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.
Checked against the court's document on Sep 20, 2026WARNING
Civil cases
- Applies to
- Motion
No oral argument is held on a motion for reconsideration.
There is no oral argument on a motion for reconsideration.
Checked against the court's document on Sep 20, 2026WARNING
Civil 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.
Checked against the court's document on Sep 20, 2026WARNING
Civil cases
- Applies to
- Response
A response is required for summary disposition and reconsideration motions.
A response is required for Summary Disposition and Reconsideration motions
Checked against the court's document on Sep 20, 2026WARNING
- 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.
Checked against the court's document on Sep 20, 2026WARNING
- 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.
Checked against the court's document on Sep 20, 2026WARNING
- 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.
Checked against the court's document on Oct 3, 2026WARNING
Civil 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.
Checked against the court's document on Sep 21, 2026WARNING
Civil 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 ____________."
Checked against the court's document on Sep 21, 2026WARNING
Civil 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."
Checked against the court's document on Sep 21, 2026WARNING
Civil 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.
Checked against the court's document on Sep 21, 2026WARNING
Civil 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.
Checked against the court's document on Oct 3, 2026WARNING
Civil cases
- Applies to
- Pleading
- Must include
- proposed order
Pleadings should include proposed orders.
All pleadings must be efiled and should include proposed orders.
Checked against the court's document on Sep 21, 2026WARNING
Civil 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.
Checked against the court's document on Sep 20, 2026WARNING
- 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.
Checked against the court's document on Sep 21, 2026WARNING
Civil 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.
Checked against the court's document on Sep 21, 2026WARNING
Civil cases
- Applies to
- Exhibits
Exhibits submitted to chambers must have the portions relevant to the case highlighted.
Highlight what pertains to your case.
Checked and corrected to match the court's document on Sep 21, 2026WARNING
Civil 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
Checked against the court's document on Sep 21, 2026WARNING
Civil 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."
Checked against the court's document on Sep 20, 2026WARNING
Civil 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
Checked against the court's document on Sep 21, 2026WARNING
- 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.
Checked against the court's document on Sep 21, 2026WARNING
- 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.
Checked and corrected to match the court's document on Oct 3, 2026WARNING
Civil 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.
Checked against the court's document on Oct 3, 2026WARNING
Civil 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.
Checked against the court's document on Sep 21, 2026WARNING
Civil cases
- Applies to
- Jury instructions
Attorneys are to prepare the proposed jury instructions.
Proposed Jury Instructions: Attorneys to prepare.
Checked against the court's document on Sep 21, 2026WARNING
Civil 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.
Checked against the court's document on Sep 20, 2026INFO
Civil cases
- Applies to
- Response
Responses should be limited to the pleading being answered.
Please limit response to pleading being answered.
Checked against the court's document on Sep 20, 2026INFO
- 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.
Checked against the court's document on Sep 21, 2026INFO
Civil 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.
Checked against the court's document on Oct 3, 2026INFO
Civil 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.
The quote is in the court's document. The summary is not checked yet.CRITICAL?
Civil cases
- Applies to
- Notice of hearing
- Must include
- certificate of service ?
Once a hearing date is given via email, the moving party must file a Notice of Hearing, Proof of Service and praecipe.
Summary: After receiving a hearing date by email, the moving party must file a Notice of Hearing, Proof of Service, and praecipe.
The quote is in the court's document. The summary is not checked yet.CRITICAL?
Civil cases
A judgment or order awarding child support or spousal support must also include the following (MCR 3.211(D)):
Summary: Judgments or orders awarding child support or spousal support must also include the following provisions as required by MCR 3.211(D).
The quote is in the court's document. The summary is not checked yet.CRITICAL?
Civil cases
- Applies to
- Judgment
The required statement regarding whether the judgment resolves the last pending claim of the parties and closes the case. MCR 2.602(A)(3).
Summary: 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 quote is in the court's document. The summary is not checked yet.CRITICAL?
Civil cases
- Applies to
- Amended order
***PLEASE AMEND AND RESUBMIT. INCLUDE A COPY OF THIS NOTICE WITH YOUR AMENDED ORDER/JUDGMENT.***
Summary: When amending and resubmitting an order or judgment, a copy of this notice must be included with the amended order/judgment.
The quote is in the court's document. The summary is not checked yet.CRITICAL?
Civil cases
- Applies to
- Joint case management plan
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.
Summary: 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.
The quote is in the court's document. The summary is not checked yet.CRITICAL?
Civil cases
- Applies to
- Initial disclosure ?
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.
Summary: 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.
The quote is in the court's document. The summary is not checked yet.CRITICAL?
Civil cases
- Applies to
- Documents
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.
Summary: 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 quote is in the court's document. The summary is not checked yet.CRITICAL?
Civil cases
- Applies to
- Jury instructions
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.
Summary: 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.
The quote is in the court's document. The summary is not checked yet.CRITICAL?
Civil cases
- Applies to
- Motion for entry of order
Once you have your transcript of the hearing, file a Motion for Entry of Order with the transcript attached.
Summary: A Motion for Entry of Order must be filed with the hearing transcript attached.
The quote is in the court's document. The summary is not checked yet.CRITICAL?
Civil cases
- Applies to
- Notice of motion ?
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."
Summary: 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.'
The quote is in the court's document. The summary is not checked yet.CRITICAL?
- Applies to
- Consent order
Cases with Minor Children require both parties’ participation on the record to enter a consent order involving the child(ren).
Summary: Consent orders involving minor children require both parties to participate on the record.
The quote is in the court's document. The summary is not checked yet.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 quote is in the court's document. The summary is not checked yet.CRITICAL?
- Applies to
- Motion
Motions regarding change of custody, parenting time, or child support must be electronically praeciped before the Friend of the Court.
Summary: Motions regarding custody, parenting time, or child support must be electronically praeciped before the Friend of the Court.
The quote is in the court's document. The summary is not checked yet.CRITICAL?
Civil cases
- Applies to
- Proposed scheduling order
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.
Summary: 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.
The quote is in the court's document. The summary is not checked yet.CRITICAL?
Civil cases
- Applies to
- Pleadings and orders
- Must include
- caption, judge name ?
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.
Summary: All pleadings and orders must contain correct captions with the correct Judge's name; incorrect captions will be rejected and may result in sanctions.
The quote is in the court's document. The summary is not checked yet.CRITICAL?
Civil cases
- Applies to
- Pleading
- Must include
- caption
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.
Summary: 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 quote is in the court's document. The summary is not checked yet.CRITICAL?
Civil cases
- Applies to
- Notice of hearing
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."
Summary: The Notice of Hearing for a summary disposition motion must state that the hearing will be set on a 'date to be determined.'
The quote is in the court's document. The summary is not checked yet.CRITICAL?
Civil cases
- Applies to
- Re notice of hearing
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.
Summary: After receiving the Summary Disposition Scheduling Order, the moving party must file and serve a Re-Notice of Hearing for the Court-provided date.
The quote is in the court's document. The summary is not checked yet.CRITICAL?
Civil cases
- Applies to
- Motion
A Notice of Hearing and a Praecipe are required for each motion.
Summary: Each motion requires a Notice of Hearing and a Praecipe.
The quote is in the court's document. The summary is not checked yet.CRITICAL?
Civil cases
- Applies to
- Order
- Must include
- caption, judge name ?
Orders which contain an incorrect caption or the incorrect Judge will not be signed.
Summary: Orders containing an incorrect caption or the incorrect Judge will not be signed.
The quote is in the court's document. The summary is not checked yet.CRITICAL?
Civil cases
- Applies to
- Order or judgment disposing of claim ?
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).
Summary: 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).
The quote is in the court's document. The summary is not checked yet.CRITICAL?
Civil cases
- Applies to
- Motion
- Must include
- caption, judge name ?
Motions containing incorrect captions or the wrong Judge may be dismissed.
The quote is in the court's document. The summary is not checked yet.CRITICAL?
Civil cases
- Applies to
- Proposed scheduling order
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.
Summary: 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.
The quote is in the court's document. The summary is not checked yet.CRITICAL?
Civil cases
- Applies to
- Motion to opt out of case evaluation ?
Judge Snow will not grant this type of relief via stipulated Order. You must file a motion.
Summary: Relief opting out of Case Evaluation cannot be granted via stipulated Order; a motion must be filed.
The quote is in the court's document. The summary is not checked yet.CRITICAL?
Civil cases
- Applies to
- Stipulated order of consolidation
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.
Summary: 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 quote is in the court's document. The summary is not checked yet.CRITICAL?
Civil cases
- Applies to
- Order of consolidation
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.
Summary: 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 quote is in the court's document. The summary is not checked yet.CRITICAL?
Civil cases
- Applies to
- Motion for entry of default judgment ?
- Must include
- proposed order ?
The moving party must attach a proposed Judgment to the motion as an exhibit.
Summary: A motion for entry of a default judgment must attach a proposed Judgment as an exhibit.
The quote is in the court's document. The summary is not checked yet.CRITICAL?
Civil cases
- Applies to
- Proposed order for alternate service
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. Also, DO NOT include service via certified mail with return receipt, restricted delivery on your proposed Order for alternate service.
Summary: 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.
The quote is in the court's document. The summary is not checked yet.CRITICAL?
- Applies to
- Praecipe
After you receive your time stamped copy of Motion, you must submit a Praecipe to be scheduled on the docket.
Summary: A Praecipe must be submitted after receiving a time-stamped motion copy to be scheduled on the general motions docket.
The quote is in the court's document. The summary is not checked yet.CRITICAL?
- Applies to
- Motion
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.
Summary: 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.
The quote is in the court's document. The summary is not checked yet.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: see generally, Family Domestic / FOC (3rdcc.org).
Summary: Motions for change of custody, parenting time, or modification of child support must be praeciped before the Friend of the Court.
The quote is in the court's document. The summary is not checked yet.CRITICAL?
- Applies to
- Emergency motion ?
Emergency filings MUST be marked as Emergency on the first page of the filing.
Summary: Emergency filings must be marked as 'Emergency' on the first page.
The quote is in the court's document. The summary is not checked yet.CRITICAL?
- Applies to
- Order
The Judge will only sign orders that contain the original or electronic signatures of all parties and attorneys.
Summary: The Judge will sign only orders that contain the original or electronic signatures of all parties and attorneys.
The quote is in the court's document. The summary is not checked yet.CRITICAL?
- Applies to
- Ex parte order
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.
Summary: 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.
The quote is in the court's document. The summary is not checked yet.CRITICAL?
- Applies to
- Ex parte order
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.
Summary: Ex parte orders must be supported by an affidavit or verified pleading establishing a proper basis and sufficient facts.
The quote is in the court's document. The summary is not checked yet.CRITICAL?
- Applies to
- Ex parte contempt motion ?
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.
Summary: Ex parte contempt motions must be supported by an affidavit; orders to show cause will not be granted without supporting affidavits.
The quote is in the court's document. The summary is not checked yet.CRITICAL?
- Applies to
- Custody motion ?
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.
Summary: The Court does not grant ex parte orders relating to custody; all custody motions require a praecipe to the Friend of the Court.
The quote is in the court's document. The summary is not checked yet.CRITICAL?
Civil cases
- Applies to
- Motion
Praecipes: must be filed for every motion or it will not be scheduled.
Summary: A praecipe must be filed for every motion or the motion will not be scheduled.
The quote is in the court's document. The summary is not checked yet.CRITICAL?
Civil cases
- Applies to
- Order to show cause
Movant must have an evaluation available prior to the hearing date and an Order to Show Cause must be filed.
Summary: For driver's license restoration, the movant must have an evaluation available and file an Order to Show Cause.
The quote is in the court's document. The summary is not checked yet.CRITICAL?
Civil cases
- Applies to
- Response
No responses are permitted unless authorized by the court.
Summary: Responses to motions for reconsideration are not permitted unless authorized by the court.
The quote is in the court's document. The summary is not checked yet.CRITICAL?
Civil cases
- Applies to
- Praecipe
submit the praecipe with a "placeholder" hearing date on a Thursday at 9:30 am, at least 42 days after the motion filing date.
Summary: The praecipe for summary disposition must include a placeholder hearing date on a Thursday at 9:30 am, at least 42 days after filing.
The quote is in the court's document. The summary is not checked yet.CRITICAL?
Civil cases
- Applies to
- Final pretrial order ?
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.
Summary: The Final Pre-Trial Order must be filed by the due date and conform to specified requirements.
The quote is in the court's document. The summary is not checked yet.CRITICAL?
Civil cases
- Applies to
- 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.
Summary: Exhibits must be stipulated or subject to a motion in limine; each party numbers its own exhibits.
The quote is in the court's document. The summary is not checked yet.CRITICAL?
Civil cases
- Applies to
- Jury instructions
Plaintiff’s attorney must bring 1 copy of the jury instructions to be read at trial.
Summary: Plaintiff's attorney must bring one copy of the jury instructions to be read at trial.
The quote is in the court's document. The summary is not checked yet.CRITICAL?
Civil cases
- Applies to
- Final pretrial order ?
PLAINTIFF’S CLAIMS: a concise statement of plaintiff’s claims, including legal theories.
Summary: The Final Pre-Trial Order must include a concise statement of plaintiff's claims and legal theories.
The quote is in the court's document. The summary is not checked yet.CRITICAL?
Civil cases
- Applies to
- Final pretrial order ?
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.
Summary: The Final Pre-Trial Order must include a concise statement of defendant's defenses and claims.
The quote is in the court's document. The summary is not checked yet.CRITICAL?
Civil cases
- Applies to
- Final pretrial order ?
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.
Summary: The Final Pre-Trial Order must include stipulations or admissions of facts in separately numbered paragraphs.
The quote is in the court's document. The summary is not checked yet.CRITICAL?
Civil cases
- Applies to
- Final pretrial order ?
ISSUES OF FACT: Issues of fact remaining to be litigated.
Summary: The Final Pre-Trial Order must list issues of fact remaining to be litigated.
The quote is in the court's document. The summary is not checked yet.CRITICAL?
Civil cases
- Applies to
- Final pretrial order ?
ISSUES OF LAW: Issues of law to be litigated.
Summary: The Final Pre-Trial Order must list issues of law to be litigated.
The quote is in the court's document. The summary is not checked yet.CRITICAL?
Civil cases
- Applies to
- Final pretrial order ?
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.
Summary: The Final Pre-Trial Order must list specific witnesses; generic listings are not acceptable.
The quote is in the court's document. The summary is not checked yet.CRITICAL?
Civil cases
- Applies to
- Final pretrial order ?
Failure to list witnesses may bar their production at trial.
Summary: Failure to list witnesses in the Final Pre-Trial Order may bar their production at trial.
The quote is in the court's document. The summary is not checked yet.CRITICAL?
Civil cases
- Applies to
- Final pretrial order ?
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.
Summary: Witnesses not on prior written lists may not be listed in the Final Pre-Trial Order except for good cause.
The quote is in the court's document. The summary is not checked yet.CRITICAL?
Civil cases
- Applies to
- Final pretrial order ?
The parties shall number and with a short identifying description, each exhibit they intend to introduce at trial.
Summary: Each exhibit intended for trial must be numbered and given a short identifying description.
The quote is in the court's document. The summary is not checked yet.CRITICAL?
Civil cases
- Applies to
- Final pretrial order ?
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.
Summary: Only exhibits listed in the Final Pre-Trial Order are admissible, with exceptions for rebuttal or good cause.
The quote is in the court's document. The summary is not checked yet.CRITICAL?
Civil 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.
Summary: Expert witnesses must be identified and designated as testifying in person or by deposition.
The quote is in the court's document. The summary is not checked yet.CRITICAL?
Civil cases
- Applies to
- Final pretrial order ?
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.
Summary: Witnesses testifying by deposition must be identified in the Final Pre-Trial Order; failure may bar their production.
The quote is in the court's document. The summary is not checked yet.CRITICAL?
Civil cases
- Applies to
- Deposition
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.
Summary: De bene esse depositions must comply with MRE 611; video depositions must be transcribed.
The quote is in the court's document. The summary is not checked yet.CRITICAL?
Civil cases
- Applies to
- Final pretrial order ?
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.
Summary: The Final Pre-Trial Order must include an itemized statement of damages with specific requirements for first-party benefits and intervening plaintiffs.
The quote is in the court's document. The summary is not checked yet.CRITICAL?
Civil cases
- Applies to
- Final pretrial order ?
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.
Summary: The Final Pre-Trial Order must include estimated trial length, jury/non-jury designation, and unanimous verdict requirement.
The quote is in the court's document. The summary is not checked yet.CRITICAL?
Civil cases
- Applies to
- Final pretrial order ?
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.
Summary: 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.
The quote is in the court's document. The summary is not checked yet.CRITICAL?
Civil cases
- Applies to
- Final pretrial order ?
VERDICT FORM: Include a verdict form listing all possible verdicts.
Summary: The Final Pre-Trial Order must include a verdict form listing all possible verdicts.
The quote is in the court's document. The summary is not checked yet.CRITICAL?
Civil cases
- Applies to
- Final pretrial order ?
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.”
Summary: The Final Pre-Trial Order must include specific concluding language warning of consequences for non-compliance.
The quote is in the court's document. The summary is not checked yet.CRITICAL?
Civil cases
- Applies to
- Final pretrial order ?
SIGNATURE LINE: Include signature lines for the judge and all counsel of record.
Summary: The Final Pre-Trial Order must include signature lines for the judge and all counsel.
The quote is in the court's document. The summary is not checked yet.CRITICAL?
- Applies to
- Must include
- case number
All emails to the court must include the complete case number in the subject line (ex: 23-123456-DO).
Summary: All emails to the court must include the complete case number in the subject line.
The quote is in the court's document. The summary is not checked yet.CRITICAL?
- Applies to
- Motion for default judgment
- Must include
- proposed order ?
MOTIONS FOR DEFAULT JUDGMENT: After filing, email the proposed default judgment to JudgeAbraham-Court at least two days before your scheduled motion hearing date.
Summary: Proposed default judgments must be emailed to JudgeAbraham-Court at least two days before the scheduled motion hearing.
The quote is in the court's document. The summary is not checked yet.CRITICAL?
- Applies to
- Emergency motion ?
Emergency filings MUST be marked as Emergency on the first page of the filing.
Summary: Emergency filings must be marked 'Emergency' on the first page.
The quote is in the court's document. The summary is not checked yet.CRITICAL?
- Applies to
- Notice of presentment
- Must include
- certificate of service ?
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.
Summary: 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 quote is in the court's document. The summary is not checked yet.WARNING?
Civil cases
- Applies to
- Judgment
The provision regarding the effective date of the judgment.
Summary: The judgment must include a provision stating its effective date.
The quote is in the court's document. The summary is not checked yet.WARNING?
Civil cases
- Applies to
- Pleading
Attorneys of Record must also provide an email address on all future pleadings.
Summary: Attorneys of record must include an email address on all future pleadings.
The quote is in the court's document. The summary is not checked yet.WARNING?
Civil cases
- Applies to
- Joint case management plan ?
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.
Summary: The Joint Case Management Plan must address specified topics including claims/defenses, damages, venue, scheduling, discovery, and jury/non-jury trial.
The quote is in the court's document. The summary is not checked yet.WARNING?
Civil cases
- Applies to
- Case management protocol
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.
Summary: 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.
The quote is in the court's document. The summary is not checked yet.WARNING?
Civil cases
- Applies to
- Initial disclosure
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.
Summary: Parties must serve initial disclosures based on reasonably available information and are not excused for incomplete investigation or another party's failure to disclose.
The quote is in the court's document. The summary is not checked yet.WARNING?
Civil cases
- Applies to
- Privilege log ?
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.
Summary: Documents withheld on privilege grounds must be logged with five specified elements and produced concurrently with the document production and written responses.
The quote is in the court's document. The summary is not checked yet.WARNING?
Civil cases
- Applies to
- Discovery response ?
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.
Summary: Discovery objections must be clear and concise, with boilerplate objections discouraged and responses indicating the scope of any withholding.
The quote is in the court's document. The summary is not checked yet.WARNING?
Civil cases
- Applies to
- Discovery production ?
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.
Summary: Produced documents must be identified by bates number or similar so it is clear which documents correspond to each interrogatory.
The quote is in the court's document. The summary is not checked yet.WARNING?
Civil 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.
Summary: Individuals receiving confidential materials must complete and notarize a confidentiality agreement stating their address, employer, occupation, receipt of the Stipulated Protective Order, submission to Wayne County Circuit Court jurisdiction, and agreement to comply with all provisions.
The quote is in the court's document. The summary is not checked yet.WARNING?
Criminal cases
- Applies to
- Exhibits
All exhibits are to be marked before trial.
Summary: All exhibits must be marked before trial.
The quote is in the court's document. The summary is not checked yet.WARNING?
Civil cases
- Applies to
- Pleading ?
- Must include
- caption
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.
Summary: 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 quote is in the court's document. The summary is not checked yet.WARNING?
Civil cases
- Applies to
- Pleading ?
- Must include
- caption
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.
Summary: Dismissed parties must remain on the caption with a strike-through line over their name to show they have been dismissed.
The quote is in the court's document. The summary is not checked yet.WARNING?
Civil cases
- Applies to
- Stipulated order to dismiss party ?
All counsel of record must sign a stipulated order to dismiss a party.
Summary: A stipulated order dismissing a party must be signed by all counsel of record.
The quote is in the court's document. The summary is not checked yet.WARNING?
Civil cases
- Applies to
- Transcript 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.
Summary: 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.
The quote is in the court's document. The summary is not checked yet.WARNING?
Civil cases
- Applies to
- Medical documentation 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.
Summary: Medical documentation exhibits require precise citations in the brief and clearly highlighted cited portions within the exhibit.
The quote is in the court's document. The summary is not checked yet.WARNING?
Civil cases
- Applies to
- 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.
Summary: Orders stating the Court's ruling on a motion must clearly indicate the oral argument hearing date in the preamble of the Order.
The quote is in the court's document. The summary is not checked yet.WARNING?
Civil cases
- Applies to
- Motion
- Must include
- proposed order
Proposed Orders should be attached to the motion/response as well as brought to the motion hearing.
Summary: Proposed Orders should be attached to the motion or response and also brought to the motion hearing.
The quote is in the court's document. The summary is not checked yet.WARNING?
Civil 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.
Summary: When e-filing an order after a motion hearing, the Filer Comments must state the order is submitted consistent with the Court's ruling and indicate the hearing date.
The quote is in the court's document. The summary is not checked yet.WARNING?
Civil cases
- Applies to
- Motion to intervene ?
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.
Summary: 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 quote is in the court's document. The summary is not checked yet.WARNING?
Civil cases
- Applies to
- Motion for consolidation
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.
Summary: 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.
The quote is in the court's document. The summary is not checked yet.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.)
Summary: Proposed final judgments must include a hearing date in the preamble.
The quote is in the court's document. The summary is not checked yet.WARNING?
- Applies to
- Proposed uniform support order ?
Calculations must be submitted with each proposed Uniform Child Support Order and/or Uniform Spousal Support Order.
Summary: Calculations must accompany each proposed Uniform Child Support Order and/or Uniform Spousal Support Order.
The quote is in the court's document. The summary is not checked yet.WARNING?
- Applies to
- Motion
Always attach a copy of the current support/custody/or parenting time Order to the Motion.
Summary: Motions must attach a copy of the current support, custody, or parenting time order.
The quote is in the court's document. The summary is not checked yet.WARNING?
- Applies to
- Change of domicile motion
Change of domicile motions must address the factors set out in MCL 722.31.
Summary: Change of domicile motions must address the factors in MCL 722.31.
The quote is in the court's document. The summary is not checked yet.WARNING?
- Applies to
- Spousal support motion ?
Motions regarding spousal support must address the factors set out in Sparks v. Sparks, 440 Mich 141; 485 NW2d 893 (1992) with specificity.
Summary: Spousal support motions must specifically address the Sparks v. Sparks factors.
The quote is in the court's document. The summary is not checked yet.WARNING?
- Applies to
- Attorney fees motion ?
Further, all motions seeking attorney fees should include supporting documents as to the issue of needs/ability to pay.
Summary: Motions seeking attorney fees must include supporting documents on the issue of needs and ability to pay.
The quote is in the court's document. The summary is not checked yet.WARNING?
- Applies to
- Motion
All motions need be in conformity with the Michigan Court Rules. See generally, MCR 2.119.
Summary: All motions must conform to the Michigan Court Rules, including MCR 2.119.
Not confirmed. Read the court's wording below.CRITICAL?
Civil cases
- Applies to
- 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.
Summary: Motions to adjourn must include a copy of the scheduling order and list all relevant dates in the body of the motion.
Not confirmed. Read the court's wording below.CRITICAL?
Civil cases
- Applies to
- Default judgment ?
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.
Summary: Default judgment motions must include relevant documents and an affidavit of a person with knowledge of the facts and circumstances surrounding the relief requested.
Not confirmed. Read the court's wording below.CRITICAL?
Civil cases
- Applies to
- Motion
Moving party must file praecipe after clerk provides motion hearing date.
Summary: The moving party must file a praecipe after the clerk provides the summary disposition motion hearing date.
Not confirmed. Read the court's wording below.CRITICAL?
- Applies to
- Order to withdraw or substitute counsel ?
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.
Summary: Orders to withdraw or substitute counsel require signatures from all parties and the new attorney's contact information.
Not confirmed. Read the court's wording below.CRITICAL?
- Applies to
- Motion to settle order ?
A transcript of the proceeding in which an agreement or ruling was made on the record must be presented with the motion.
Summary: Motions to settle orders must include a transcript of the relevant proceeding.
Not confirmed. Read the court's wording below.CRITICAL?
- Applies to
- Scheduling order
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.
Summary: A scheduling order is entered at the first settlement conference and emailed to counsel/parties, containing all subsequent deadlines.
Not confirmed. Read the court's wording below.CRITICAL?
Civil cases
- Applies to
- Stipulation
- Must include
- caption ?
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.
Summary: A stipulation opting out of case evaluation to facilitate requires all parties’ consent and must identify the facilitator and facilitation date.
Not confirmed. Read the court's wording below.CRITICAL?
Civil cases
- Applies to
- Motion for summary disposition
- Must include
- caption ?
ANY MOTION FOR SUMMARY DISPOSITION FILED OUTSIDE THESE TIMELINES WILL REQUIRE A MOTION FOR LEAVE TO BE FILED
Summary: A summary-disposition motion filed outside the applicable deadline requires a motion for leave.
Not confirmed. Read the court's wording below.CRITICAL?
Civil cases
- Applies to
- Motion to adjourn ?
- Must include
- caption ?
Must include a copy of the scheduling order and list all relevant dates (including the filing date) in the body of the Motion.
Summary: A motion to adjourn must include the scheduling order and list all relevant dates, including the filing date, in its body.
Not confirmed. Read the court's wording below.CRITICAL?
Civil cases
- Applies to
- Motion for default judgment ?
- Must include
- caption ?
Motions must include any relevant documents and an Affidavit of a person with knowledge of the facts and circumstances surrounding the relief requested.
Summary: A motion for default judgment must include relevant documents and an affidavit from a person with knowledge of the supporting facts and circumstances.
Not confirmed. Read the court's wording below.CRITICAL?
Civil cases
- Applies to
- Voir dire questions
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.
Summary: 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.
Not confirmed. Read the court's wording below.CRITICAL?
- Applies to
- Order
Court expects that represented parties prepare a hand-written or typed order immediately after the conclusion of a hearing.
Summary: Represented parties must prepare a hand-written or typed order immediately after a hearing.
Not confirmed. Read the court's wording below.CRITICAL?
- Applies to
- Default judgment ?
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.
Summary: Unless all claims are sum certain, parties must submit a SCAO MC07 form for the court clerk's signature.
Not confirmed. Read the court's wording below.CRITICAL?
- Applies to
- Jury instructions
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.
Summary: 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.
Not confirmed. Read the court's wording below.CRITICAL?
Civil cases
- Applies to
- Default judgment
Each Motion for Default Judgment MUST attach the following Exhibits or your Motion will be rejected and not scheduled until it is in compliance.
Summary: Motions for Default Judgment must attach Exhibits A through D or they will be rejected and not scheduled.
Not confirmed. Read the court's wording below.CRITICAL?
Civil cases
- Applies to
- Reconsideration motion ?
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.
Summary: Motions for rehearing or reconsideration require notifying the Court Clerk and providing a Judge's Copy to chambers for review.
Not confirmed. Read the court's wording below.CRITICAL?
Civil cases
- Applies to
- Proposed order ?
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:
Summary: 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.
Not confirmed. Read the court's wording below.CRITICAL?
Civil cases
- Applies to
- Motion
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.
Summary: Summary disposition motions and responses must cite to exhibits or the record with particularity, identifying specific pages and/or line numbers.
Not confirmed. Read the court's wording below.CRITICAL?
Civil 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.
Not confirmed. Read the court's wording below.CRITICAL?
Civil cases
- Applies to
- Adjournment order ?
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".
Summary: A Track 1-to-Track 2 adjournment order must list the specific Track 2 dates and include the specified MSD deadline language.
Not confirmed. Read the court's wording below.CRITICAL?
Civil cases
- Applies to
- Adjournment order ?
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."
Summary: An order granting another adjournment must list the specific dates and include the stated MSD deadline language.
Not confirmed. Read the court's wording below.CRITICAL?
Civil cases
- Applies to
- Motion
- Must include
- caption ?
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.
Summary: 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.
Not confirmed. Read the court's wording below.CRITICAL?
Civil cases
- Applies to
- Motion to adjourn scheduling order
- Must include
- caption ?
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.
Summary: 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.
Not confirmed. Read the court's wording below.CRITICAL?
Civil cases
- Applies to
- Default judgment hearing ?
The Plaintiff must be present at the Zoom Hearing to testify to damages in a tort/negligence case.
Summary: The plaintiff must attend the Zoom hearing and testify about damages in a tort or negligence case.
Not confirmed. Read the court's wording below.CRITICAL?
Civil cases
- Applies to
- Notice of hearing
- Must include
- certificate of service ?
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.
Summary: 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.
Not confirmed. Read the court's wording below.CRITICAL?
Civil cases
- Applies to
- Praecipe
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.
Summary: 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.
Not confirmed. Read the court's wording below.CRITICAL?
Civil cases
- Applies to
- Joint trial brief ?
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.
Summary: 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.
Not confirmed. Read the court's wording below.CRITICAL?
Civil cases
- Applies to
- Joint trial brief ?
7. Exhibits. The parties must list with appropriate identification each exhibit (Plaintiff(s)’ using numbers and Defendant(s)’ using letters), including summaries.
Summary: The joint trial brief must identify and list each exhibit, with plaintiffs using numbers, defendants using letters, and summaries included.
Not confirmed. Read the court's wording below.CRITICAL?
- Applies to
- Stipulation
The stipulations must include the date of facilitation, and the date of discovery cutoff.
Summary: Stipulations opting out of case evaluation must state the facilitation date and discovery cutoff date.
Not confirmed. Read the court's wording below.CRITICAL?
- Applies to
- Motion in limine ?
- Must include
- caption ?
Counsel must schedule motions with clerk. A Praecipe is required.
Summary: Counsel must schedule motions in limine with the clerk and submit a praecipe.
Not confirmed. Read the court's wording below.CRITICAL?
- Applies to
- Joint jury instructions ?
By 12:00pm Thursday before trial, counsel must deliver two hard copies to courtroom and email a copy to court clerk.
Summary: 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.
Not confirmed. Read the court's wording below.CRITICAL?
- Applies to
- Joint jury instructions ?
Instructions shall include separate indexes for "Preliminary Jury Instructions" and "Final Jury Instructions," and list the JI number and title.
Summary: Joint jury instructions must have separate preliminary and final indexes and list each instruction’s JI number and title.
Not confirmed. Read the court's wording below.CRITICAL?
- Applies to
- Jury verdict form ?
By the first day of trial, counsel must deliver two hard copies to the court and email a copy to the judicial attorney.
Summary: 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.
Not confirmed. Read the court's wording below.CRITICAL?
Civil cases
- Applies to
- Jury instructions
- Must include
- proposed order ?
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.
Summary: 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.
Not confirmed. Read the court's wording below.CRITICAL?
Civil cases
- Applies to
- Notice of hearing
If approved, a re-notice of hearing must be filed.
Summary: An approved change to the hearing date requires filing a re-notice of hearing.
Not confirmed. Read the court's wording below.CRITICAL?
Civil cases
- Applies to
- Proposed order
- Must include
- proposed order
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**
Summary: 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.
Not confirmed. Read the court's wording below.CRITICAL?
Civil cases
- Applies to
- Stipulated order ?
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
Summary: 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.
Not confirmed. Read the court's wording below.CRITICAL?
Civil cases
- Applies to
- Summary disposition motion ?
The substance of all arguments must be fully set forth through such paragraphs.
Summary: Summary-disposition motions must fully state the substance of all arguments in the separately numbered paragraphs.
Not confirmed. Read the court's wording below.CRITICAL?
Civil cases
- Applies to
- Summary disposition 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.
Summary: 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.
Not confirmed. Read the court's wording below.WARNING?
Civil cases
- Applies to
- Filing ?
- Must include
- ai disclosure ?
Parties must disclose the use of AI.
Not confirmed. Read the court's wording below.WARNING?
Civil cases
- Applies to
- Brief ?
A party must append, and highlight, the pertinent part of any unpublished case cited.
Summary: A party must append and highlight the pertinent part of any unpublished case cited.
Not confirmed. Read the court's wording below.WARNING?
Civil cases
- Applies to
- Response
No responses are permitted unless the Court specifically allows them.
Summary: No responses to motions for reconsideration are permitted unless the Court specifically allows them.
Not confirmed. Read the court's wording below.WARNING?
Civil cases
- Applies to
- 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.
Summary: 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.
Not confirmed. Read the court's wording below.WARNING?
Civil cases
- Applies to
- Brief
The brief shall not contain a separate section for introduction, background or history or other redundancies.
Summary: Summary disposition briefs must not contain a separate introduction, background, or history section.
Not confirmed. Read the court's wording below.WARNING?
Civil 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
Summary: Summary disposition briefs must use joint exhibits where possible, highlight pertinent exhibit parts, and append and highlight the pertinent part of any unpublished case cited.
Not confirmed. Read the court's wording below.WARNING?
Civil cases
- Applies to
- Motion
The courtroom will need a filed time stamped copy of the motion.
Summary: For an expedited hearing, the courtroom requires a filed, time-stamped copy of the motion.
Not confirmed. Read the court's wording below.WARNING?
Civil cases
- Applies to
- Pretrial order ?
All witnesses must be present on first day of trial or be scheduled at another time with prior consent of Court.
Summary: All witnesses must be present on the first day of trial or scheduled for another time with the Court's prior consent.
Not confirmed. Read the court's wording below.WARNING?
Civil cases
- Applies to
- Pretrial order ?
All exhibits must be marked before trial.
We could not find this wording in the court's document. Open the source before relying on it.WARNING?
Civil cases
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.
Machine summary
The pretrial order lists must include only actual trial witnesses, all exhibits actually to be introduced, and all requested jury instructions by number.
Not confirmed. Read the court's wording below.WARNING?
Civil cases
- Applies to
- Stipulation and order
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.
Not confirmed. Read the court's wording below.WARNING?
Civil cases
- Applies to
- Praecipe
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.
Not confirmed. Read the court's wording below.WARNING?
Civil cases
- Applies to
- Motion in limine ?
Praecipe and Notice of Hearing date will be the first day of trial.
Summary: For Motions in Limine, the praecipe and notice of hearing will have the first day of trial as the hearing date.
Not confirmed. Read the court's wording below.WARNING?
Civil cases
- Applies to
- EPraecipe ?
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.
Summary: When filing a motion for reconsideration, enter the next business day as the motion date and the motion time as 9:00am.
Not confirmed. Read the court's wording below.WARNING?
Civil 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.
Summary: Orders for Alternate Service submitted for electronic signature must have a copy of the postal check and affidavit attached.
Not confirmed. Read the court's wording below.WARNING?
Civil cases
- Applies to
- Motion brief ?
Do not cite to or include UNPUBLISHED cases to support your argument. They are NOT BINDING precedent.
Summary: Unpublished cases may not be cited or included because they are not binding precedent.
Not confirmed. Read the court's wording below.WARNING?
Civil cases
- Applies to
- Motion to adjourn scheduling order ?
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.
Summary: Motions to adjourn scheduling orders must include the current scheduling order and list all relevant dates in the body of the motion.
Not confirmed. Read the court's wording below.WARNING?
Civil cases
- Applies to
- Praecipe
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.
Summary: Reconsideration motions require a Praecipe given a Friday date 30 days in the future so the Clerk can set a control date.
Not confirmed. Read the court's wording below.WARNING?
Civil cases
- Applies to
- Default judgment ?
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.
Summary: In a breach-of-contract case, an affidavit from an adjuster knowledgeable about the claim file may be submitted instead of the adjuster appearing.
Not confirmed. Read the court's wording below.WARNING?
- Applies to
- Jury verdict form ?
Shall be stipulated to by parties in advance.
Summary: The parties must stipulate to the jury verdict form in advance.
Not confirmed. Read the court's wording below.WARNING?
Civil cases
- Applies to
- Evaluation
Friday mornings during Motion Call. Must have evaluation available before hearing.
Summary: Driver's license restoration matters are heard Friday mornings during Motion Call and an evaluation must be available before the hearing.
Not confirmed. Read the court's wording below.INFO?
Civil cases
- Applies to
- 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)
Summary: In no-fault cases, the Defendant should submit a Request to Produce for signed medical authorizations at the time of filing the Answer.
Not confirmed. Read the court's wording below.INFO?
Civil cases
- Applies to
- Motion ?
No oral argument is provided unless notified by the Court.
Summary: No oral argument is provided for motions for reconsideration unless the Court notifies.
Not confirmed. Read the court's wording below.INFO?
Civil cases
- Applies to
- Joint final pretrial order
Attorneys may submit additional questions to the Judge with the Joint Final Pretrial Order.
Summary: Attorneys may submit additional voir dire questions to the Judge with the Joint Final Pretrial Order.
What must be included with motion filings in Third Judicial Circuit Court of Michigan?
Judge Patricia P. Fresard: The rule identifies required filing content or certificates. The moving party must file a notice of hearing and a praecipe.
Judge Edward J. Joseph: The rule identifies required filing content or certificates. A praecipe and notice of hearing must be submitted for each motion and each adjourned date.
Judge Kevin J. Cox: The rule identifies required filing content or certificates. 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.
38 more rules answer this question in the list above.
What must be included with stipulated order filings in Third Judicial Circuit Court of Michigan?
Judge Patricia P. Fresard: The rule identifies required filing content or certificates. The stipulated order must identify the ADR process to be used.
Judge Wanda A. Evans: The rule identifies required filing content or certificates. 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.
Judge Paul J. Cusick: The rule identifies required filing content or certificates. 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.
4 more rules answer this question in the list above.
What must be included with default judgment filings in Third Judicial Circuit Court of Michigan?
Judge Patricia P. Fresard: The rule identifies required filing content or certificates. A default judgment motion must include relevant documents and an affidavit from someone with knowledge of the facts and circumstances supporting the requested relief.
Judge Adel A. Harb: The rule identifies required filing content or certificates. Default judgment motions must include relevant documents and an affidavit of a person with knowledge of the facts and circumstances surrounding the relief requested. Machine summary, not yet verified; check the linked order.
Judge Kathleen M. McCarthy: The rule requires exhibit list. Motions for Default Judgment must attach Exhibits A through D or they will be rejected and not scheduled. Machine summary, not yet verified; check the linked order.
2 more rules answer this question in the list above.
What must be included with notice of hearing filings in Third Judicial Circuit Court of Michigan?
Judge Patricia P. Fresard: The rule identifies required filing content or certificates. The notice of hearing must include Zoom information and be served and filed.
Judge Wanda A. Evans: The rule identifies required filing content or certificates. Notices of hearing must include Zoom connection information.
Judge Charlene M. Elder: The rule identifies required filing content or certificates. After praecipe acceptance, serve and file a notice of hearing stating the correct date and whether oral argument will occur.
5 more rules answer this question in the list above.
What must be included with exhibits filings in Third Judicial Circuit Court of Michigan?
Judge Patricia P. Fresard: The rule identifies required filing content or certificates. Only listed exhibits may be admitted at trial unless an unanticipated rebuttal exhibit or good cause justifies an exception.
Judge Edward J. Joseph: The rule identifies required filing content or certificates. Exhibits must include only the specific pages needed for review, not entire transcripts or pleadings.
Judge Kathleen M. McCarthy: The rule identifies required filing content or certificates. Exhibits submitted to chambers must have the portions relevant to the case highlighted.
2 more rules answer this question in the list above.
What must be included with jury instructions filings in Third Judicial Circuit Court of Michigan?
Judge Patricia P. Fresard: The rule identifies required filing content or certificates. 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.
Judge Annette J. Berry: The rule identifies required filing content or certificates. Provide the Court with a list of all requested standard and special jury instructions.
Judge Brian R. Sullivan: The rule identifies required filing content or certificates. Parties must provide proposed jury instructions to the Court with a copy for the jurors.
8 more rules answer this question in the list above.
Related categories
Back to all rules for this courtPage & Word Limits
Maximum page counts and word limits for motions, briefs, and other filings by judge.
Courtesy Copy Requirements
When and how to deliver courtesy copies to chambers, including triggers, timing, and formatting.
Electronic Filing Rules
Electronic filing requirements, permitted filing channels, EFSP portals, and exceptions.
Filing Timing and Cure Windows
Filing cutoffs, deemed-filed rules, rejection handling, cure periods, and outage procedures.