Court Rules

Court-wide rules

Applies court-wide

These 123 rules apply across Sixteenth Judicial Circuit Court of Michigan, Macomb County. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Filing Requirements

All 34
  • Applies to
    Compliance planning reimbursement documentation

    An applicant seeking reimbursement for FY20 compliance planning must attach documentation of planning time.

  • Applies to
    Compliance plan renewal submitter information

    The submitter information must include the submitter's name, title, email address, and phone number.

  • Applies to
    Record of matters decided

    A record of matters decided must be made, and it may be a written log, audio or video recording, or similar informal list; a court-reporter transcription is not required.

Fees

All 23
  • Fee
    20
    Applies to
    Late fee

    A 20% late fee is imposed when an amount owed remains unpaid for 56 days, but Court Finance Managers, Judicial Aides, and Reimbursement Aides must or may waive it in specified circumstances.

  • Applicable e-filing and service fees must be paid electronically through the Macomb County Clerk’s Office at the time and amount required by governing authority.

  • Fee
    $5
    Applies to
    E-filing only

    An electronic filing without service is subject to a $5.00 fee.

E-Filing

All 15
  • Participation in the electronic-filing pilot program is mandatory for pending C- and N-type cases assigned to participating circuit judges.

  • All documents are presumed to be filed electronically as part of the mandatory e-filing project.

  • A party demonstrating good cause may submit documents to the Clerk for electronic filing on the party's behalf.

Formatting

All 14
  • Electronic signatures must use the form “/s/” followed by the signer’s name.

  • Exhibits and attachments included in an e-filing must be clearly designated and identified.

  • E-filings may not contain full Social Security numbers; when a number must be referenced, only the last four digits may appear in the format XXX-XX-1234.

About Judge James M. Biernat Jr.

Judge James M. Biernat, Jr. graduated from Hillsdale College in 1991. In 1997, he received his law degree from University of Detroit Law School. Biernat was a Commissioner for the 16th District on the Macomb County Board of Commissioners from January 1993 through December 1998. Jim Biernat worked as an Assistant Prosecutor for the Macomb County Prosecuting Attorney's Office from January 1999 until his appointment to the bench by the Governor in 2011. He is a member of the State Bar of Michigan and the Macomb County Bar Association.

Macomb County Court Building, 40 N. Main Street, 3rd Floor, Mount Clemens, MI 48043, Telephone: 586-469-5139 Zoom Meeting ID#: 329-206-4390 - Civil cases only Position: Name: Number Secretary: Stacie Jenks: 586-469-5139 Clerk: Amanda Brogan: 586-469-5836 Video court contact: Hearings held before March 1st, 2026:, Deborah Doyle, Hearings held after March 1st, 2026:, Stacie Jenks: doyletranscripts@gmail.com , stacietranscripts@outlook.com Court officer: Alan Taylor: 586-469-5837 Prosecutor: Natalie Sullivan: 586-469-7955 Probation officer: April Griffin: 586-469-5330

Common questions about Judge James M. Biernat Jr.'s rules

Are courtesy copies required for Judge James M. Biernat Jr.?

Courtesy-copy rule applies for summary disposition motions, motion in limines, and responses. Judge's copies are required for summary disposition motions, motions in limine, and responses to those motions.

View ruleSource: page 1, section Civil cases

What must be included with alternate service request filings before Judge James M. Biernat Jr.?

The rule requires proposed order. An alternate-service request must include a verified motion, proposed order, process-server affidavit documenting three service attempts, and postal verification.

View ruleSource: page 1, section Alternate service

What must be included with summons extension request filings before Judge James M. Biernat Jr.?

The rule requires proposed order. A summons-extension request must include a verified motion, proposed order, process-server affidavit documenting reasonable service efforts, and postal verification.

View ruleSource: page 1, section Extending summons

How may parties contact Judge James M. Biernat Jr.'s chambers?

If deposition objections remain unresolved, the parties must contact the judge's secretary to obtain a hearing date.

View ruleSource: page 1, section BEFORE THE DAY OF TRIAL

How do I request an adjournment or extension before Judge James M. Biernat Jr.?

Advance notice is not fully stated in the structured details. Adjournment requests may be made by motion or stipulation, require good cause, and must be submitted at least seven days before the hearing.

View ruleSource: page 1, section Adjournments

Is electronic filing required before Judge James M. Biernat Jr.?

Yes. Electronic filing is required for the covered filings. Beginning January 1, 2026, bond violations and bond documentation must be submitted through TrueFiling for electronic service, and email or fax submissions will not be accepted.

View ruleSource: page 1, section Scheduling days and times

When is a filing treated as filed before Judge James M. Biernat Jr.?

The rule addresses filing timing, filing status, or cure windows. The signed MOU must be submitted to the assigned judge's clerk after the plea and no later than the sentencing date.

View ruleSource: page 1, section HOW TO APPLY FOR A TRANSFER OF JURISDICTION (MOU) IN MACOMB COUNTY
Complete rules summary for Judge James M. Biernat Jr.

Beginning January 1, 2026, bond violations and bond documentation must be submitted through TrueFiling for electronic service, and email or fax submissions will not be accepted.

Judge's copies are required for summary disposition motions, motions in limine, and responses to those motions.

The required Judge's copies may be delivered by mail or by hand delivery.

Email copies of the required Judge's copies are not accepted.

An alternate-service request must include a verified motion, proposed order, process-server affidavit documenting three service attempts, and postal verification.

A summons-extension request must include a verified motion, proposed order, process-server affidavit documenting reasonable service efforts, and postal verification.

Adjournment requests may be made by motion or stipulation, require good cause, and must be submitted at least seven days before the hearing.

Criminal-proceeding adjournments require prosecutor stipulation, and the resulting order must be submitted electronically.

Criminal and civil trial adjournments must be requested by motion.

For the first request, the court permits a 60-day extension of Discovery and Case Evaluation Order dates by party stipulation.

Subsequent extensions of scheduling-order dates must be requested by motion and will be granted only upon a showing of good cause.

The signed MOU must be submitted to the assigned judge's clerk after the plea and no later than the sentencing date.

All motions, including motions in limine, must be filed 14 days before trial and heard seven days before trial on the regular Monday motion call, absent good cause for a different timing.

Deposition objections with supporting law and argument must be submitted at least 14 days before trial, with responses due seven days before trial.

If deposition objections remain unresolved, the parties must contact the judge's secretary to obtain a hearing date.

Deposition objections filed on the trial date will not be entertained unless good cause is shown.

Fourteen days before trial, counsel must provide sufficient witness lists identifying actual and probable witnesses, their appearance mode, and medical-expert practice details and specialty.

Counsel must provide stipulations for entry of proposed exhibits or state reasons for objections to them.

A trial brief containing a brief statement of facts, issues, theory of case, and memorandum of law must be submitted at least seven days before trial.

The trial brief is due at least seven days before trial, must attach photocopies of cited cases or statutes, include written stipulations placed on the record, and in non-jury cases include proposed findings of fact and conclusions of law.

For a jury trial, counsel must provide completed typed jury instructions and a proposed jury verdict form to the court and all counsel, rather than identifying instructions only by number.

Photocopies of completed SJIs may be accepted at the trial judge's discretion if all blanks are completed and alternatives selected, and each instruction must be on a separate sheet.

In jury cases, counsel must submit in writing any special questions they want asked of prospective jurors.

The parties must submit a joint succinct statement explaining the case in no more than one paragraph.

Counsel must provide the judge's secretary with a list of witnesses and exhibits.

The Personal Data Cover Sheet must be completed.

The motion for admission to practice law must attach a certificate from the State Board of Law Examiners.

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