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 Joseph Toia

Judge Joseph Toia was appointed to the Circuit Court bench on August 10, 2015, by Governor Rick Snyder, he was first elected in 2016 and re-elected in 2020. Judge Toia graduated from Wayne State University with a Bachelor of Science in Business Administration/ Finance degree in 1979. He received his Juris Doctorate from Detroit College of Law (now known as Michigan State College of Law) in 1984. Prior to his appointment, Judge Toia was in private practice for 31 years. Additionally, he served as the prosecuting attorney for Orion Township in Oakland County. He is a member of the State Bar of Michigan and the Macomb County Bar Association. Judge Toia served as past president of the Italian American Bar Association of Michigan; as a mediator in the Macomb County Circuit Court; a member of the Judges United with Students and Teachers program; a member of the Michigan Society of Planners; past president and chairman of the Italian American Chamber of Commerce of Michigan; past president of Kiwanis Club of Utica/Shelby Township; and former chairman of the Shelby Township Planning Commission. Judge Toia currently serves on the Executive Board of the Michigan Judges’ Association and as Co-chair of the Civil Law Committee. He is a Director of the Macomb County Bar Foundation and a member of Rise. Judge Toia has civil and criminal dockets and is the Judge of the 16th Circuit Court - Adult Drug Court.

Macomb County Court Building, 40 N. Main St, 4th Floor, Mount Clemens, MI 48043, Telephone: (586) 469-5147 Position: Name: Number Secretary: Debbie Bauer: (586) 469-5147 Clerk: Heather Veres: (586) 469-5831 Court Officer: Deputy James Onyski: (586) 469-5833 Prosecutor -1st chair: Carmen DeFranco: (586) 463-4157 Prosecutor-2nd chair: Christopher Urban: (586) 469-7374 Probation Officer: Shannan Vogel: (586) 466-7928

Common questions about Judge Joseph Toia's rules

Are courtesy copies required for Judge Joseph Toia?

Courtesy-copy rule applies for summary disposition motions. For summary disposition motions, counsel must call the clerk or secretary for a date and provide the judge’s copy.

View ruleSource: page 1, section Scheduling days and times

What formatting rules apply to filings before Judge Joseph Toia?

Judge Joseph Toia's formatting rule includes single spacing, instructions must be completed and typed., the submission must include the full text of the instructions rather than only jury-instruction numbers., photocopies are acceptable only if all blank spaces are completed and all alternatives are selected., and each instruction must appear on a separate sheet..

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

What must be included with alternative service request filings before Judge Joseph Toia?

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

View ruleSource: page 1, section Policies and Procedures — Alternate service

What must be included with extension of summons request filings before Judge Joseph Toia?

The rule requires proposed order. A request to extend summons must be submitted before the original summons expires and must include a motion and proposed order.

View ruleSource: page 1, section Policies and Procedures — Extending summons (Second Summons)

How may parties contact Judge Joseph Toia's chambers?

Criminal motions are scheduled for Wednesdays at 8:30 AM, and the secretary or clerk must be contacted for the date and time.

View ruleSource: page 1, section Scheduling days and times

How do I request an adjournment or extension before Judge Joseph Toia?

Advance notice is not fully stated in the structured details. Subsequent extensions of scheduling-order dates must be requested by motion and will be granted only on a showing of good cause.

View ruleSource: page 1, section Scheduling orders

Is electronic filing required before Judge Joseph Toia?

Yes. Electronic filing is required for the covered filings. Electronic filing is mandatory for all cases assigned to Judge Toia.

View ruleSource: page 1, section e-Filing

Are filing fees or waivers addressed before Judge Joseph Toia?

A fee is required for covered filings. If a Case Evaluation Hearing has been scheduled, a $150 adjournment fee must be paid before submitting the order for entry.

View ruleSource: page 1, section Scheduling orders

When is a filing treated as filed before Judge Joseph Toia?

The rule addresses filing timing, filing status, or cure windows. In limine and trial motions must be submitted 14 days before trial, with responses submitted seven days before trial.

View ruleSource: page 1, section BEFORE THE DAY OF TRIAL
Complete rules summary for Judge Joseph Toia

Electronic filing is mandatory for all cases assigned to Judge Toia.

After the complaint is filed with the clerk, subsequent pleadings must be filed electronically through the court’s e-filing website.

For summary disposition motions, counsel must call the clerk or secretary for a date and provide the judge’s copy.

Criminal motions are scheduled for Wednesdays at 8:30 AM, and the secretary or clerk must be contacted for the date and time.

The preferred method of contacting the judge’s office is by phone; email is not recommended.

An alternative-service request must include a verified motion, proposed order, process-server affidavit documenting at least three reasonable service attempts, and completed postal verification.

A request to extend summons must be submitted before the original summons expires and must include a motion and proposed order.

A motion may be adjourned when the filing party contacts the clerk or secretary.

An EDSC, status, or settlement-conference adjournment may be requested by stipulation, but the order must state the reasons and new conference date, which must be obtained before submission.

For the first request only, the court may permit 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 on a showing of good cause.

If a Case Evaluation Hearing has been scheduled, a $150 adjournment fee must be paid before submitting the order for entry.

Facilitative mediation will generally be required to occur within 60 days unless good cause supports an extension.

After obtaining a facilitation date, parties must submit a stipulation and order, obtain a post-facilitation settlement-conference date, and include that date or the submission will be rejected.

Any additional date extension must be requested by motion and granted only by a discretionary court order.

When case evaluation is already scheduled, an adjournment fee must be paid before entry of the order and divided pro rata unless the parties agree otherwise or the court orders otherwise.

In limine and trial motions must be submitted 14 days before trial, with responses submitted seven days before trial.

A trial-day motion will not be entertained unless the filer demonstrates good cause.

In limine motions ordinarily will be heard on the trial date, but an earlier hearing may be allowed for a compelling reason.

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

Unresolved deposition objections will be heard on the day of trial.

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

Counsel must provide trial witness lists to the court and all counsel 14 days before trial, including witness presentation information and specified details for medical experts.

For a jury trial, counsel should provide completed typed instructions and a proposed verdict form, with each instruction on a separate sheet and no blank spaces or unresolved alternatives.

Proposed trial exhibits should be pre-stickered and remain unmarked.

Counsel must submit a trial brief containing a statement of facts, the issues, the theory of the case, and a memorandum of law.

The discovery cutoff is the date stated in the order and may be extended only by court order.

Summary disposition motions must be filed and heard by the date stated in the order.

Case evaluation must occur after the discovery initiation deadline.

Any additional request to extend dates must be made by motion and may be granted only by court order in the court's discretion.

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