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 Kathryn A. Viviano

Judge Kathryn A. Viviano is a graduate from Hillsdale College (Bachelor of Arts) and Wayne State University (Masters in Business Administration and Juris Doctorate). After law school, Judge Viviano worked for the top Detroit law firm of Barris, Sott, Denn & Driker before joining her brother in forming Viviano & Viviano PLLC. She also served as the City Attorney for the City of Center Line. Judge Viviano was elected to the bench in November 2010 and was assigned to the Family Division. She served as the Presiding Judge of the Family Division from April 2013 until her appointment to the Business Court in February 2015.

Macomb County Court Building, 40 N. Main St, 2nd Floor, Mount Clemens, MI 48043, Telephone: (586) 469-5438 Position: Name: Number: Email Chambers: (586) 469-5438 Judicial Secretary: Samantha Peterson: (586) 469-5438: samantha.peterson@macombgov.org Judicial Clerk: Julian Gatti: (586) 469-6959: julian.gatti@macombgov.org Court Reporter: Video Courtroom (contact Elaine Mada): madareporting@gmail.com Court Officer: Deputy Nicholas Cieslak: (586) 469-6583

Common questions about Judge Kathryn A. Viviano's rules

What must be included with alternate service request filings before Judge Kathryn A. Viviano?

The rule requires proposed order. An alternate-service request must include a proposed order.

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

What must be included with summons extension request filings before Judge Kathryn A. Viviano?

The rule requires proposed order. A summons-extension request must be accompanied by a motion and proposed order.

View ruleSource: page 1, section Policies and procedures — Extending summons

How may parties contact Judge Kathryn A. Viviano's chambers?

A party filing an emergency motion with an initial pleading in a Business Court case must notify the Chief Judge's chambers if the case has not been automatically assigned to the Business Court Judge.

View ruleSource: page 4, section 8. Initial Pleadings

How do I request an adjournment or extension before Judge Kathryn A. Viviano?

Advance notice is not fully stated in the structured details. A summons-extension request must be submitted with a motion and proposed order before the original summons expires and will be granted only if the plaintiff demonstrates due diligence in attempting service.

View ruleSource: page 1, section Policies and procedures — Extending summons

Is electronic filing required before Judge Kathryn A. Viviano?

Yes. Electronic filing is required for the covered filings. Electronic filing is mandatory for all cases assigned to Judge Viviano, and subsequent pleadings must be filed through the Court’s e-filing website after the complaint is filed in the Clerk’s Office.

View ruleSource: page 1, section e-Filing

Are filing fees or waivers addressed before Judge Kathryn A. Viviano?

A fee is required for covered filings. When a Case Evaluation Hearing is already scheduled, the parties must pay a $150 adjournment fee before submitting the order for entry.

View ruleSource: page 1, section Policies and procedures — Scheduling orders

When is a filing treated as filed before Judge Kathryn A. Viviano?

The rule addresses filing timing, filing status, or cure windows. Absent a contrary direction from the Business Court Judge, the joint pretrial report is due no later than seven days before the Initial Court Conference.

View ruleSource: page 3, section 5. Docket Management

What service or proof of service rules apply before Judge Kathryn A. Viviano?

The rule addresses service method, recipient, or timing requirements. An alternate-service request must include a verified motion, proposed order, process-server affidavit describing reasonable service efforts, and postal verification.

View ruleSource: page 1, section Policies and procedures — Alternate service
Complete rules summary for Judge Kathryn A. Viviano

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

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

A summons-extension request must be submitted with a motion and proposed order before the original summons expires and will be granted only if the plaintiff demonstrates due diligence in attempting service.

Electronic filing is mandatory for all cases assigned to Judge Viviano, and subsequent pleadings must be filed through the Court’s e-filing website after the complaint is filed in the Clerk’s Office.

An alternate-service request must include a verified motion, proposed order, process-server affidavit describing reasonable service efforts, and postal verification.

An alternate-service request must include a proposed order.

A summons-extension request must be accompanied by a motion and proposed order.

An adjournment request may be made by motion or stipulation, must state the grounds and proposed new date, and will be granted only upon a showing of good cause.

The first request to extend Discovery and Case Evaluation Order dates may be granted as a 60-day extension by stipulation using the specified form.

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

When a Case Evaluation Hearing is already scheduled, the parties must pay a $150 adjournment fee before submitting the order for entry.

All Business Court parties must provide service electronically under the 16th Circuit Court's eFiling Pilot Project and Administrative Order No. 2010-6.

The parties must jointly prepare and submit a pretrial report no later than seven days before the Initial Court Conference unless the Business Court Judge directs otherwise.

Absent a contrary direction from the Business Court Judge, the joint pretrial report is due no later than seven days before the Initial Court Conference.

The joint pretrial report must address the parties' claims and supporting facts, discovery, disclosure issues, relevant case law, issues ready for motion or other resolution, settlement and ADR status and barriers, counsel's technology and remote-participation capabilities, client location and appearance ability, and whether a court-appointed expert would assist resolution.

As directed by the Business Court Judge, the parties must provide the specified categories of initial pretrial disclosures to the extent applicable.

All Business Court parties must electronically file and serve documents under the 16th Circuit Court's eFiling Pilot Project and Administrative Order No. 2010-6.

A party must verify on the face of its initial pleading that the case satisfies the statutory requirements for assignment to the Business Court.

A pleading containing a cross-claim, counterclaim, third-party complaint, amendment, or other modification involving a business or commercial dispute must include a face-of-pleading verification of Business Court eligibility.

A party filing an emergency motion with an initial pleading in a Business Court case must notify the Chief Judge's chambers if the case has not been automatically assigned to the Business Court Judge.

Motions in limine and trial motions must be filed and scheduled at least 28 days before trial or will be deemed waived.

Counsel may contact the court clerk or secretary to arrange a special scheduling time for motions in limine or trial motions.

Motions filed on the trial date will not be heard unless good cause is shown.

Depositions intended for trial use must be purged at least 14 days before trial or all objections will be deemed waived.

If counsel cannot resolve deposition objections, they must contact the court clerk or secretary to arrange a pretrial appearance.

Written deposition objections must include citations of authority supporting the objecting party’s position.

Deposition objections filed on the day of trial will not be heard.

Fourteen days before trial, counsel must provide sufficient copies of witness lists identifying actual or probable witnesses, their appearance mode, and any medical experts’ practice locations and specialties.

Proposed exhibits must be marked with exhibit stickers and must not be numbered.

Counsel must prepare either stipulations for entry of exhibits or written reasons for objections.

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