Genesee County Circuit Court Document Filing Requirements

CRITICAL

Applies to

Evaluation acceptance or rejection

Each party must file a written acceptance or rejection of the entire evaluation with the ADR Clerk within 28 days after service.

Each party must file a written acceptance or rejection of the panel's evaluation in its entirety with the ADR Clerk within 28 days after service of the panel's evaluation.

CRITICAL

Applies to

Tax foreclosure case

Must include

judge name

When filing a tax foreclosure case, the Treasurer must identify Judge Christenson in the case caption.

When filing a tax foreclosure case, the Genesee County Treasurer shall note Judge Christenson as the judge on the case caption.

CRITICAL

Applies to

Media recording copy request

Media requests for recording copies must be made in writing.

Requests by the media for copies of video or audio recordings of court proceedings must be made by written request.

CRITICAL

Applies to

Case evaluation

Case evaluations in tort cases must comply with MCR 2.403(K)(4).

Evaluations in a tort case are governed by and must comply with MCR 2.403(K)(4).

CRITICAL

Applies to

Written report

When a case requires a hearing and testimony, the referee must submit a signed written report to the judge summarizing the testimony and recommending findings and disposition.

if a case requires a hearing and the taking of testimony, make a written signed report to the judge containing a summary of the testimony taken and a recommendation for the court’s findings and disposition.

CRITICAL

Applies to

Mediation settlement

If mediation results in settlement, the parties must acknowledge its terms by signature or by audio or video recording.

If settlement is reached by mediation, the terms of the settlement must be acknowledged by the parties by signatures or on an audio or video tape recording.

CRITICAL

Applies to

Court closure notice

The court must notify the public, its funding unit, and affected agencies and officials about the closure and how to handle emergency matters and filings, including by posting a sign at the court.

Notice of the court closure and of how emergency matters and filings shall be accomplished during the closing shall be given to the public, the court’s funding unit, and other affected agencies and officials. Notice shall include a sign posted at the court.

CRITICAL

Applies to

Written consent

Parties who participate in stipulated ADR cannot be ordered to participate in case evaluation without their written consent.

More than one stipulation and/or order may be entered in a case, however, parties who participate in a stipulated ADR process will not be ordered to also participate in case evaluation without written consent of those parties.

CRITICAL

Applies to

Written motion for access to recording

Nonparties must file a written motion to request access to court proceeding recordings.

Requests by nonparties for access to video or audio recordings of court proceedings must be filed with the court in a written motion pursuant to MCR 2.119.

CRITICAL

Applies to

Request to examine juror personal history questionnaires

To examine questionnaires for jurors anticipated to be called for voir dire, attorneys of record and parties in pro per must present a written, signed request to the Jury Board before voir dire begins.

Attorneys of record and parties in pro per may examine Juror Personal History Questionnaires of jurors anticipated to be called for voir dire by presenting a written, signed request to the Jury Board prior to commencement of voir dire.

CRITICAL

Applies to

Stipulated order

A stipulated order for an alternative ADR process must identify the process, describe its timing relative to disclosure and discovery, and require completion within 60 days after discovery closes.

A stipulated order to attend an alternative ADR process must identify the ADR process to be used, describe the timing of the ADR process in relation to other disclosure and discovery provisions, and require that the ADR process be completed in no later than 60 days after the close of discovery.

CRITICAL

Applies to

Accommodation request

An accommodation request must describe the accommodation sought and the functional impairment necessitating it.

b. Requests for accommodations shall include a description of the accommodations sought, along with a statement of the functional impairment that necessitates the accommodation.

CRITICAL

Applies to

Case evaluation

Except as provided in MCR 2.403(H)(3), the evaluation must include a separate award as to each plaintiff's claims against each defendant, including each crossclaim, counterclaim, or third-party claim in the action. For purposes of this rule, all claims filed by any one party against another party shall be treated as a single claim.

Except as provided in MCR 2.403(H)(3), the evaluation must include a separate award as to each plaintiff's claims against each defendant, including each crossclaim, counterclaim, or third-party claim in the action. For purposes of this rule, all claims filed by any one party against another party shall be treated as a single claim.

CRITICAL

Applies to

Referee report

When a hearing includes testimony, the referee must submit a written, signed report summarizing the testimony and recommending findings and disposition.

If a case requires a hearing and the taking of testimony, make a written signed report to the judge containing a summary of the testimony taken and a recommendation for the court’s findings and disposition.

CRITICAL

Applies to

Referee report

When a case requires a hearing with testimony, the referee must submit a written, signed report to the judge summarizing the testimony and recommending findings and disposition.

If a case requires a hearing and the taking of testimony, make a written signed report to the judge containing a summary of the testimony taken and a recommendation for the court’s findings and disposition.

CRITICAL

Applies to

Settlement documents

If mediation results in a settlement, counsel must prepare and submit appropriate settlement documents to the Court within 21 days.

If a settlement is reached through mediation, counsel will prepare and submit appropriate settlement documents to the Court within 21 days.

CRITICAL

Applies to

Case evaluation

The evaluation may not separately award equitable-relief claims, though the panel may consider them when deciding awards on other claims.

The evaluation may not include a separate award on any claim for equitable relief, although the panel may consider equitable claims in determining the award on other claims.

CRITICAL

Applies to

Referee report

When a case requires a hearing and testimony, the referee must submit a written, signed report to the judge summarizing the testimony and recommending findings and disposition.

if a case requires a hearing and the taking of testimony, make a written signed report to the judge containing a summary of the testimony taken and a recommendation for the court's findings and disposition.

CRITICAL

Applies to

Tax foreclosure case

Must include

judge name

The Genesee County Treasurer must identify Judge Christenson on the caption when filing a tax foreclosure case.

When filing a tax foreclosure case, the Genesee County Treasurer shall note Judge Christenson as the judge on the case caption.

CRITICAL

Applies to

Tax foreclosure case

Must include

judge name

When filing a tax foreclosure case, the Genesee County Treasurer must identify Judge Christenson in the case caption.

When filing a tax foreclosure case, the Genesee County Treasurer shall note Judge Christenson as the judge on the case caption.

CRITICAL

Applies to

Referee report

When a case requires a hearing and testimony, the referee must submit a signed written report to the judge summarizing the testimony and recommending findings and disposition.

If a case requires a hearing and the taking of testimony, make a written signed report to the judge containing a summary of the testimony taken and a recommendation for the court's findings and disposition.

CRITICAL

Applies to

Judgment

If both parties accept the mediator’s evaluations, a judgment must be prepared in accordance with the recommendation.

If both parties accept the mediator's evaluations, a judgment will be prepared in conformity with that recommendation.

CRITICAL

Applies to

Motion

A nonparty must request a recording copy by filing a written motion under MCR 2.119.

Requests by nonparties for copies of video or audio recordings of court proceedings must be filed with the court in a written motion pursuant to MCR 2.119.

CRITICAL

Applies to

Case evaluation

The evaluation must state when the award is not unanimous.

If the award is not unanimous, the evaluation must so indicate.

CRITICAL

Applies to

Referee report

When a case requires a hearing and testimony, the referee must give the judge a written, signed report summarizing the testimony and recommending findings and disposition.

If a case requires a hearing and the taking of testimony, make a written signed report to the judge containing a summary of the testimony taken and a recommendation for the court's findings and disposition.

CRITICAL

Applies to

Adr referral order

An order referring a case to ADR must address provider selection, time limits for the process, and payment of the provider.

Court orders referring a case to an ADR process will comply with MCR 2.410(C)(2). Orders will, at a minimum: - (1) Specify or otherwise provide for selection of the ADR provider; - (2) Provide time limits for initiation and completion of the ADR process; and - (3) Provide for payment of the ADR provider.

CRITICAL

Applies to

Tax foreclosure case

Must include

judge name

The Genesee County Treasurer must identify Judge Christenson in the caption when filing a tax foreclosure case.

When filing a tax foreclosure case, the Genesee County Treasurer shall note Judge Christenson as the judge on the case caption.

CRITICAL

Applies to

Written media access request

Media requests for access to court proceeding recordings must be made in writing.

Requests by the media for access to video or audio recordings of court proceedings must be made by written request.

CRITICAL

Applies to

Record copy request

Requests for access, inspection, or copies must be submitted in writing to the clerk on the required request form and identify a complete case number or party names, subject to the stated exception.

All requests to access and inspect case records identified in this administrative order and/or for copies of those records must be made in writing to the clerk’s office. All requests for court records and/or copies must be made on a "record/copy request form" and must specify a complete case number or party names, except as provided under item (b)(iv).

CRITICAL

Applies to

Case evaluation

Case evaluations in medical malpractice cases must comply with MCR 2.403(K)(5).

Evaluations in a medical malpractice case are governed by and must comply with MCR 2.403(K)(5).

CRITICAL

Applies to

Case evaluation hearing disclosure

Upon the panel’s request, parties must disclose settlement-negotiation information and applicable insurance policy limits for the case-evaluation hearing.

Information on settlement negotiations and applicable insurance policy limits are not protected under MCR 2.412 for purposes of the case evaluation hearing and must be disclosed upon request of the panel

CRITICAL

Applies to

Request for copy of recording

Parties and attorneys of record requesting a recording copy must use the Request for Copy of Recording form.

A “Request for Copy of Recording” form shall be used for this purpose [sample attached].

CRITICAL

Applies to

Mediator report

If either party rejects the mediator’s recommendation, the mediator must report to the Court under MCR 3.216(H), and the case proceeds toward trial.

If either party rejects the mediator's recommendation, the mediator will make a report to the Court as provided by MCR 3.216(H) and the case will proceed toward trial.

CRITICAL

Applies to

Mediator status report

The mediator’s status report to the Court must state only the completion date, who was present, whether settlement was reached, and whether further sessions are needed.

Within 7 days after the completion of the mediation, the mediator will advise the Court of the status of the proceedings, stating only the date of completion, the parties present, whether settlement was reached, and whether further sessions are needed.

CRITICAL

Applies to

Tax foreclosure case

Must include

judge name

The Genesee County Treasurer must identify Judge Christenson as the judge in the caption of a tax foreclosure case.

When filing a tax foreclosure case, the Genesee County Treasurer shall note Judge Christenson as the judge on the case caption.

CRITICAL

Applies to

Case evaluation summary

The case-evaluation summary must set forth the submitting party’s factual and legal position on the issues presented.

The summary must set forth the submitting party's factual and legal position on the issues presented

CRITICAL

Applies to

Mediation referral order

The mediation referral order must state the period in which mediation must be completed.

The order referring the case to mediation will include the time period in which mediation must be completed.

CRITICAL

Applies to

Accommodation denial notice

After consulting the SCAO regional administrator, the ADA coordinator must give the applicant a written denial stating the reasons and basis for denial.

If the ADA coordinator, after consulting with the SCAO regional administrator, decides to deny the request, the ADA coordinator will inform the applicant in writing of the reasons for denial and the basis upon which a request for accommodations is denied.

CRITICAL

Applies to

Mediation referral order

The mediation referral order must set a date for the parties to confer and stipulate to a mediator; otherwise, the Court will appoint one.

The order referring the case to mediation will set a date by which the parties must confer and stipulate to a mediator, otherwise, the Court will appoint a mediator.

CRITICAL

Applies to

Accommodation request

A party’s accommodation request must address access accommodations only and must not address the case’s subject matter or merits.

e. If the applicant is a party to a case, the request to the court will deal only with the accommodations necessary to provide access and will not deal in any manner with the subject matter or merits of the proceedings before the court.