Genesee County Circuit Court Document Filing Requirements

CRITICAL

Applies to

Re notice of hearing

After a motion is adjourned, the moving party must file a Re-Notice of Hearing.

Upon adjournment, the moving party must file a Re-Notice of Hearing.

CRITICAL

Applies to

Amended pretrial summary and order

When a deadline-extension motion is granted, prevailing-party counsel must submit an amended Pretrial Summary and Order for the Court’s signature.

If the Court grants a motion to extend deadlines, counsel for the prevailing party is to submit an Amended Pretrial Summary and Order (consistent with the format of the original Pretrial Summary and Order) for the Court’s signature within one week of the hearing.

CRITICAL

Applies to

Cobbs proposal

When the defendant waives preliminary examination without a District Court plea agreement, a written Cobbs proposal must be filed and include the PSI-guidelines calculation, counsel’s sentence proposal, and the reason for the proposal.

When the defendant waives preliminary examination without a plea agreement in District Court, Judge Pickell will not consider a Cobbs proposal unless written proposal is filed. The Cobbs proposals must include a calculation of the PSI guidelines, the sentence proposal by counsel, and the reason for the proposal.

CRITICAL

Applies to

Jury trial submissions

Requested voir dire, jury instructions, the verdict form, and the witness list must be provided to the law clerk before trial.

the requested voir dire, jury instructions and verdict form and witness list must be provided to the law clerk no later than Monday prior to trial.

CRITICAL

Applies to

Jury trial submission

The requested voir dire, jury instructions, verdict form, and witness list must be provided to the law clerk by the Monday before trial.

Exhibits must be exchanged and marked by counsel, and the requested voir dire, jury instructions and verdict form and witness list must be provided to the law clerk no later than Monday prior to trial.

CRITICAL

Applies to

Non jury case submission

Must include

proposed order

Non-Jury Cases: If the parties elect to submit a proposed statement of facts (with reference to the witness from whom the testimony will come) to be used by the Court in deciding factual disputes, and a proposed final order, they shall do so three days before the final status conference.

Non-Jury Cases: If the parties elect to submit a proposed statement of facts (with reference to the witness from whom the testimony will come) to be used by the Court in deciding factual disputes, and a proposed final order, they shall do so three days before the final status conference.

CRITICAL

Applies to

Pleading

Submitted pleadings must identify the pleading attorney, any unrepresented party, and any other attorney who has appeared, with the specified contact and bar-number information.

When submitting pleadings, please comply with MCR 2.113(C)(1)(e), (f) and (g) which requires the name, business address, telephone number and state bar number of the pleading attorney; the name, address and telephone number of any party appearing without an attorney; and the name and state bar number of any other attorney who has appeared in the action.

CRITICAL

Applies to

Order

An order submitted for the Judge’s signature must identify its type in the entitlement.

When submitting an order for the Judge’s signature, please indicate in the entitlement what type of Order it is, pursuant to MCR 2.113(C)(1)(d).

CRITICAL

Applies to

Judgment or order

A qualifying judgment or order must state whether it resolves and closes the case immediately before the Judge’s signature.

Pursuant to MCR 2.602(A)(3), when submitting a Judgment that resolves the last pending claim and closes the case, or an Order that disposes of the last pending claim, these documents must state whether it resolves and closes the case immediately preceding the judge’s signature.

CRITICAL

Applies to

Trial materials

Requested Voir Dire, Verdict Form, Jury Instructions, Trial Brief and Theory shall be provided to the law clerk at least three days prior to trial.

Requested Voir Dire, Verdict Form, Jury Instructions, Trial Brief and Theory shall be provided to the law clerk at least three days prior to trial.

CRITICAL

Applies to

Ex parte order

Must include

proposed order

Every ex parte order must include a motion, a proposed order complying with court rules, supporting documentation, and the petitioner's signature.

All ex parte orders must include a motion and proposed order (comporting with court rules), supporting documentation, such as affidavits, medical reports, police reports and be signed by petitioner.

CRITICAL

Applies to

Stipulated order

A stipulated order stating a general reason for the trial adjournment request must be presented at least 48 hours before the scheduled date.

A stipulated order with a general reason for the request must be presented at least 48 hours prior to the scheduled date.

CRITICAL

Applies to

Judgment or order

A judgment resolving the last pending claim and closing the case, or an order disposing of that claim, must state immediately before the judge’s signature whether it resolves and closes the case under MCR 2.602(A)(3).

JUDGMENTS SUBMITTED FOR SIGNATURE: Judgments that resolve the last pending claim and close the case, or an order that disposes of the last pending claim, must state, immediately preceding the judge’s signature, whether it resolves and closes the case pursuant to MCR 2.602(A)(3).

CRITICAL

Applies to

Trial materials

Requested voir dire, verdict form, jury instructions, trial brief, and trial theory must be provided to the law clerk by noon Friday before trial.

Requested Voir Dire, Verdict Form, Jury Instructions, Trial Brief and Theory shall be provided to the law clerk no later than noon on Friday prior to trial.

CRITICAL

Applies to

Final witness list

Final witness lists are to be exchanged for the mandatory settlement conference.

Final witness lists are to be exchanged,

CRITICAL

Applies to

Pleading

Pleadings must include the identifying and contact information required by MCR 2.113(C)(1)(e), (f), and (g) for the pleading attorney, any unrepresented pleading party, and each other attorney who has appeared.

When submitting pleadings, please comply with MCR 2.113(C)(1) (e), (f) and (g), which requires the name, business address, telephone number and state bar number of the pleading attorney; the name address and telephone number of a pleading party appearing without an attorney; and the name and state bar number of each other attorney who has appeared in the action.

CRITICAL

Applies to

Jury instructions

Jury instructions must be prepared and exchanged in accordance with the scheduling order.

jury instructions must also be prepared and exchanged in accordance with the scheduling order.

CRITICAL

Applies to

Trial materials

The requested voir dire, jury instructions, and verdict form must be provided to the law clerk.

the requested voir dire, jury instructions and verdict form must be provided to the law clerk

CRITICAL

Applies to

Cobbs proposal

When a defendant waives preliminary examination without a plea agreement in District Court, a Cobbs proposal will not be considered unless a written proposal is filed that includes the PSI-guidelines calculation, counsel’s proposed sentence, and the reason for the proposal.

When a defendant waives preliminary examination without a plea agreement in District Court, Judge Kelly will not consider a Cobbs proposal unless a written proposal is filed and must include a calculation of the PSI guidelines, the sentence proposal by counsel, and the reason for the proposal.

CRITICAL

Applies to

Jury trial materials

The requested voir dire, jury instructions, and verdict form must be provided to the law clerk no later than Monday prior to commencement of trial.

The requested voir dire, jury instructions, and verdict form must be provided to the law clerk no later than Monday prior to commencement of trial.

CRITICAL

Applies to

Jury trial materials

Final witness list and exhibits must be exchanged and marked by counsel, and the requested voir dire, jury instructions and verdict form must be provided to the law clerk no later than Friday prior to commencement of trial.

Final witness list and exhibits must be exchanged and marked by counsel, and the requested voir dire, jury instructions and verdict form must be provided to the law clerk no later than Friday prior to commencement of trial.

CRITICAL

Applies to

Summary disposition order

If a motion for summary disposition is granted, the order must identify the defendant when there are multiple defendants and state whether it resolves all issues for the client and dismisses the entire case.

If the motion is granted, the order must specifically state the name of the defendant (if there are multiple defendants) and whether it resolves all issues pertaining to your client and whether the case is dismissed in its entirety.

CRITICAL

Applies to

Dismissal order or judgment

If there are multiple defendants, an order of dismissal or judgment must identify which parties are dismissed.

***If there are multiple defendants, you must specifically state which parties are dismissed.

CRITICAL

Applies to

Dismissal order or judgment

An order of dismissal or judgment must state whether it resolves all issues and closes the case.

Counsel must indicate in the order whether it resolves all issues and closes the case.

CRITICAL

Applies to

Cobbs proposal

A Cobbs proposal must include a PSI-guidelines calculation, counsel’s proposed sentence, and the reason for the proposal.

Cobbs proposals must include a calculation of the PSI guidelines, the sentence proposed by counsel, and the reason for the proposal.

CRITICAL

Applies to

Trial submissions

Requested voir dire, verdict form, jury instructions, trial brief, and trial theory must be presented to the law clerk by noon on the Friday before trial.

Requested Voir Dire, Verdict Form, Jury Instructions, Trial Brief and Theory shall be presented to the law clerk by noon on Friday of the week prior to trial.

CRITICAL

Applies to

Order

An order submitted for the judge’s signature must identify its type in the entitlement.

When submitting an Order for the Judge’s signature, please specify in the entitlement what type of Order it is, pursuant to MCR(C)(1)(d).

CRITICAL

Applies to

Notice of hearing and motion

Must include

proposed order

A civil notice of hearing and motion must include a proposed order.

CIVIL CASES: MUST INCLUDE a proposed order when filing a notice of hearing and motion.

CRITICAL

Applies to

Pleading

Pleadings must include the specified identifying and contact information for the pleading attorney, any unrepresented pleading party, and every other attorney who has appeared.

When submitting any pleading, please comply with MCR 2.113(C)(1) (e), (f) and (g), which requires the name, business address, telephone number and state bar number of the pleading attorney; the name address and telephone number of a pleading party appearing without an attorney; and the name and state bar number of each other attorney who has appeared in the action.

CRITICAL

Applies to

Judgment or order

A judgment resolving the last pending claim and closing the case, or an order disposing of the last pending claim, must state immediately before the judge’s signature whether it resolves and closes the case.

When submitting a Judgment that resolves the last pending claim and closes the case or an Order that disposes of the last pending claim, these documents must state, immediately preceding the judge’s signature, whether it resolves and closes the case pursuant to MCR 2.602(A)(3).

CRITICAL

Applies to

Ex parte order

An ex parte order must be accompanied by a verified motion and comply with court rules before the court considers the requested relief.

Orders must be accompanied by a verified motion and comply with court rules prior to the Court considering the relief requested.

WARNING

Applies to

Judge copy

The date of the motion must appear on the front page of the judge’s copy.

Please place the date of your motion on the front page of the judge’s copy.

WARNING

Applies to

Proposed statement of facts and final order

Must include

proposed order

If parties elect to submit proposed materials for a non-jury case, the statement of facts must identify the witness for the testimony and be submitted with a proposed final order.

If the parties elect to submit a proposed statement of facts (with reference to the witness from whom the testimony will come) to be used by the Court in deciding factual disputes, and a proposed final order, they shall do so the day before the final pretrial hearing.

WARNING

Applies to

Order

ORDERS SUBMITTED FOR SIGNATURE: Please specify in the entitlement what type of Order it is, pursuant to MCR(C)(1)(d).

ORDERS SUBMITTED FOR SIGNATURE: Please specify in the entitlement what type of Order it is, pursuant to MCR(C)(1)(d).

WARNING

Applies to

Zoom sign in

Motions, settlement conferences, and hearings are held in person, but unopposed motions may be held by Zoom; Zoom participants must sign in with their name, client, and case file number.

All motions, settlement conferences, and hearings are held in person; however, motions without opposition may be held through Zoom. Zoom ID: 3014202951. Be sure to sign in with your name, client, and file number of the case you are appearing on.

WARNING

Applies to

Settlement conference materials

For the mandatory settlement conference, the Court expects the parties to have completed discovery, exchanged final witness and exhibit lists and proposed judgments, and made good-faith efforts to resolve contested issues.

At the time of the conference, the Court expects the parties to have completed discovery; exchanged final witness and exhibits lists, and proposed judgments; and made good faith efforts to resolve contested issues.