Sixteenth Judicial Circuit Court of Michigan, Macomb County Document Filing Requirements

Applies to

Reconsideration motion

A reconsideration motion requires a judge's copy delivered by runner or expedited shipping, not by email.

A Judge’s copy is required – do not email the court staff a copy of the motion. Please have a runner drop of the motion or expedited shipping.

Applies to

Motion and praecipe

Each motion and praecipe must have matching titles, and each requested relief must be submitted as a separate motion and praecipe.

The motion praecipe and motion pleading must have the same motion title. The Court requires separate motions and praecipes for multiple requests.

Applies to

Motion for alternate service

Must include

proposed order

An alternate-service request must include a verified motion, proposed order, process-server affidavit documenting at least three attempts at varied times, postal verification, and approved SCAO forms.

Requests for alternate service must be accompanied by a verified motion, proposed order, an affidavit of the process server showing reasonable efforts (at least 3 attempts, various time of day) to make service of process and a postal verification. Please use the approved SCAO forms.

Applies to

Motion for second summons

Must include

proposed order

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

Requests to extend the summons must be accompanied by a motion and proposed order and must be submitted prior to the expiration of the original summons.

Applies to

Trial brief

Trial briefs must be provided to the court at the time of the pretrial.

Trial briefs are to be provided to the Court at the time of the Pretrial.

Applies to

Alternate service request

Must include

proposed order

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

Requests for alternate service must be accompanied by a verified motion, proposed order, an affidavit of the process server showing three attempts of service of process and a postal verification.

Applies to

Summons extension request

Must include

proposed order

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

Requests to extend the summons must be accompanied by a verified motion, proposed order, and an affidavit of the process server showing reasonable efforts to make service of process, and postal verification.

Applies to

Proposed exhibits

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

Counsel shall have stipulations for entry or stated reasons for objections of proposed exhibits.

Applies to

Trial brief

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.

At Least 7 Days Prior to Trial, SUBMIT A TRIAL BRIEF CONTAINING A BRIEF STATEMENT OF FACTS, ISSUES, THEORY OF CASE AND MEMORANDUM OF LAW.

Applies to

Trial brief

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.

At Least 7 Days Prior to Trial, SUBMIT A TRIAL BRIEF CONTAINING A BRIEF STATEMENT OF FACTS, ISSUES, THEORY OF CASE AND MEMORANDUM OF LAW. If cases or statutes are cited, a photocopy of the case or statute shall be attached. All stipulations shall be in writing and placed on the record. In NON- JURY cases, the Trial Brief shall include proposed findings of fact and conclusions of law.

Applies to

Jury instructions

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.

If a jury trial, have completed, typed jury instructions, including proposed jury verdict form for the Court and all counsel (not just by jury instruction number).

Applies to

Motion

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

has successfully completed the requirements for admission to practice (Candidate) law in the State of Michigan and attaches a certificate of the State Board of law Examiners.

Applies to

Deposition objections

Objections to depositions must be submitted with supporting law and argument no later than 14 days before trial, with responses due 7 days before trial.

If depositions have objections therein, the parties shall submit to the Judge and opposing counsel no later than fourteen (14) days before trial date the objections with supporting law including argument, with responses filed with the Judge and opposing counsel seven (7) days before the trial date.

Applies to

Witness list

Witness lists identifying actual or probable witnesses must be supplied to the court and all counsel 14 days before trial, including attendance modality and specified information for medical experts.

Fourteen (14) days before trial date, supply witness lists in sufficient number for the Court and all counsel of actual and/or probable witnesses, indicating if in person or by deposition and, if medical experts, the hospital and office where the witness practices and his or her specialty.

Applies to

Exhibit list

A list of exhibits with corresponding exhibit numbers or letters must be provided to the court on the day of trial.

A list of exhibits with corresponding exhibit numbers or letters shall be provided to the Court on the day of trial.

Applies to

Trial brief

A trial brief containing a statement of facts, issues, theory of the case, and memorandum of law must be submitted 7 days before trial.

Seven (7) days before trial date submit a Trial Brief containing a brief statement of facts, issues, theory of case and memorandum of law.

Applies to

Trial appearance

Counsel and clients, together with any other necessary persons, must be present at trial to effect disposition of the matter.

Be present with client(s) and any other person(s) necessary to effect the disposition of the matter.

Applies to

Jury instructions

For a jury trial, counsel must provide completed typed jury instructions to the court and all counsel, with each instruction on a separate sheet.

If a jury trial, have completed, typed jury instructions for the Court and all counsel. Each instruction must be on a separate sheet.

Applies to

Witness availability

All witnesses must be available for trial.

Have all witnesses available for trial.

Applies to

Motion order

After a motion is decided and not taken under advisement, the parties must prepare and immediately e-file the resulting order.

After a motion has been heard by the Court and a ruling has been made (other than a motion taken under advisement), the parties shall prepare and submit an order immediately through e-filing.

Applies to

Alternate service request

Must include

proposed order

An alternate-service request must include a proposed order and other specified supporting materials.

Requests for alternate service must be accompanied by a verified motion, proposed order, an affidavit of the process server showing reasonable efforts to make service of process, and a postal verification with at least three (3) attempts of service on different days and times.

Applies to

Summons extension request

Must include

proposed order

A request to extend a summons must be submitted before the original summons expires and include a verified motion, proposed order, and affidavit describing at least three service attempts.

Requests to extend the summons must be accompanied by a verified motion, proposed order, and an affidavit of the process server showing reasonable efforts to make service of process with at least three (3) attempts of service. Requests must be submitted prior to the expiration of the original summons.

Applies to

Brief

A support or response brief must identify in its title the filing party and the specific motion to which it relates.

Please title the brief in support and response briefs with the specific party’s name that represents the party filing that document and be sure to name the specific motion that the brief is in support of, or which motion the response is for.

Applies to

Stipulated order

After a facilitation date and facilitator are selected, attorneys must e-file a stipulated order containing that information so a new settlement conference can be scheduled after facilitation.

If the parties agree to facilitate, the attorneys must contact the Court once a facilitation date and facilitator has been decided, so that a new settlement conference can be scheduled after the facilitation has occurred. All that information needs to be placed into a stipulated order and submitted via e-filing.

Applies to

Stipulated order

Parties electing facilitation must submit a stipulated order identifying the facilitation date and facilitator so a replacement settlement conference can be scheduled.

The parties must submit a stipulated order once a facilitation date and facilitator has been decided, so that a new settlement conference can be scheduled after the facilitation has occurred.

Applies to

Deposition objections

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

If the parties have not resolved the objections, the parties shall contact the Judge’s secretary for a hearing date regarding the deposition objections.

Applies to

Proposed exhibits

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

Counsel shall have stipulations for entry or stated reasons for objections.

Applies to

Jury instructions

For jury trials, counsel should provide completed typed jury instructions and a proposed jury verdict form to the court and all counsel to the extent possible.

If a jury trial, to the extent possible, have completed, typed jury instructions, including proposed jury verdict form for the Court and all counsel (not just by jury instruction number).

Applies to

Joint succinct statement

Counsel must provide a joint succinct statement explaining what the case is about, limited to one paragraph.

Joint succinct statement as to what the case is about, not to exceed one paragraph.

Applies to

Alternative service request

Must include

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.

Requests for alternative service must be accompanied by a verified motion, proposed order, an affidavit of the process server showing reasonable efforts (at least 3 attempts) to make service of process and a completed postal verification.

Applies to

Extension of summons request

Must include

proposed order

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

Requests to extend the summons must be accompanied by a motion and proposed order and must be submitted prior to the expiration of the original summons.

Applies to

Mediation stipulation and order

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.

A stipulation and order must be submitted to the court once a facilitation date has been obtained. Please contact the secretary or clerk to obtain a settlement conference date to be held after the facilitation. A stipulation and order submitted without a settlement conference date will be rejected.

Applies to

Trial brief

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

Submit a Trial Brief containing a brief statement of facts, issues, theory of case and memorandum of law.

Applies to

Trial witness list

Trial witness lists must identify actual or probable witnesses, indicate whether they will appear in person or by deposition, provide specified medical-expert details, and include names and addresses of expert witnesses who may be called.

Counsel shall file trial witness lists of actual and/or probable witnesses, indicating if in person or by deposition and, for medical experts, the hospital and office where the witness practices and his or her specialty. A party must provide the names and addresses of any expert witnesses that may be called to trial.

Applies to

Trial witness list

A party seeking to amend a witness list within 28 days of trial must obtain leave of court.

Witness lists may not be amended without leave of the court within 28 days of trial.

Applies to

Motion in limine

All motions in limine must be timely filed and served with a hearing notice set for the time and date of final pretrial.

Timely file and serve all motions in limine with notice of hearing set for the time and date of final pre-trial.

Applies to

Deposition objections

Unresolved objections from de bene esse depositions must be submitted with supporting law and argument by final pretrial.

If de bene esse depositions have been taken and the parties are unable to resolve objections therein, the parties shall submit to the Judge and opposing counsel no later than the date of final pre-trial, the objections with supporting law, including argument.

Applies to

Jury instructions

Counsel may not provide only the numbers of the proposed jury instructions.

Simply providing jury instruction numbers is not permitted.

Applies to

Exhibits

Counsel must prepare stipulations for exhibit entry or state reasons for objecting to proposed exhibits.

Counsel shall have stipulations for entry or stated reasons for objections.

Applies to

Trial brief

A bench trial requires a trial brief containing a statement of facts, issues, theory of the case, and memorandum of law.

Submit a Trial Brief containing a brief statement of facts, issues, theory of case and memorandum of law.

Applies to

Trial brief

Any case or statute cited in a bench trial brief must be attached in photocopy form.

If cases or statutes are cited, a photocopy of the case or statute shall be attached.

Applies to

Stipulation

Any stipulations for a bench trial must be prepared in writing.

Prepare stipulations in writing, if any.

Applies to

Adjournment order

Must include

proposed order

After adjournment approval, counsel must electronically file a stipulation and proposed order containing the new dates and signed by all counsel.

After approval, a stipulation and proposed order for adjournment which includes the new date(s) and is signed by all counsel shall be e-filed.

Applies to

Alternate service motion

Must include

proposed order

The motion requesting alternate service must be verified and accompanied by a proposed order.

Requests for alternate service must be accompanied by a verified motion, proposed order, an affidavit of the process server showing reasonable efforts to make service of process and a postal verification.

Applies to

Motion

Must include

proposed order

After the court rules on a motion, the parties must sign and submit a proposed order.

Following the Court’s ruling on a motion, parties shall sign and submit a proposed order.

Applies to

Scheduling order

A scheduling-order amendment must list every new date or it will be rejected.

All new dates must be listed in the order or it will be rejected.

Applies to

Alternate service request

Must include

proposed order

An alternate-service request must include a proposed order.

Requests for alternate service must be accompanied by a verified motion, proposed order, an affidavit of the process server showing reasonable efforts to make service of process, and a postal verification.

Applies to

Summons extension request

Must include

proposed order

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

Requests to extend the summons must be accompanied by a motion and proposed order and must be submitted prior to expiration of the original summons.

Applies to

Pretrial report

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.

b. Joint Pretrial Report. The parties are jointly responsible for preparing and submitting a pretrial report no later than seven days before the Initial Court Conference unless otherwise directed by the Business Court Judge.

Applies to

Pretrial report

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.

Contents include: i. Description of claims and defenses, including the facts that constitute them, not just the labels. ii. Anticipated discovery and timetable for completion. iii. Issues with initial disclosures (if any). iv. Case law the parties would like the judge to consider. v. Issues the parties believe are ready for resolution and issues the disclosing party believes are likely to be resolved by motion. vi. Prior settlement discussions and current status; existence of arbitration and mediation agreements, if any; ADR possibilities considered and proposed; and barriers to resolution, financial or otherwise. vii. Technological capabilities of counsel to eFile, ability to participate in teleconferences or other electronic communications with the Court, and the location of clients and their ability to appear for court conferences. viii. Whether a court-appointed expert would assist resolution.

Applies to

Initial pretrial disclosures

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

c. Initial Pretrial Disclosures. The parties will make initial pretrial disclosures as directed by the Business Court Judge. These disclosures must include all of the following, to the extent applicable:

Applies to

Initial pleading

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

As required by MCR 2.112(O), a party shall verify on the face of the party's initial pleading that the case meets the statutory requirements to be assigned to the business court.

Applies to

Pleading

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.

If a cross-claim, counterclaim, third-party complaint, amendment, or any other modification of the action includes a business or commercial dispute, a party shall verify on the face of the party's pleading that the case meets the statutory requirements to be assigned to the business court.

Applies to

Deposition objection

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

Objections must be presented to the Court in writing with citations of authority in support of the party’s position.

Applies to

Trial witness list

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.

Fourteen days before trial date, supply trial witness lists in sufficient number for the Court and all counsel of actual and/or probable witnesses, indicating if in person or by deposition, and, if medical experts, the hospital and office where the witness practices, and his or her specialty.

Applies to

Trial brief

The trial brief must contain a brief statement of the facts, issues, theory of the case, and memorandum of law.

Submit a trial brief containing a brief statement of facts, issues, theory of case and memorandum of law.

Applies to

Witness list

Fourteen days before trial, counsel must supply sufficient copies of witness lists identifying actual or probable witnesses, their appearance method, and specified information for medical experts.

Fourteen days before trial date, supply witness lists in sufficient number for the Court and all counsel of actual and/or probable witnesses, indicating if in person or by deposition and, if medical experts, the hospital and office where the witness practices and his or her specialty.

Applies to

Jury instructions

In a civil jury trial, counsel must prepare nine copies of the Chapter 2 M Civ JI containing the specified claim, claim-element, legal-term, presumption, and burden-of-proof information required by M Civ JI 2.02.

In a civil case, counsel must prepare 9 copies of the Chapter 2 M Civ JI, including the nature of plaintiff’s claim and the elements of all civil claims (including definitions of legal terms), legal presumptions, and burdens of proof as required by M Civ JI 2.02.

Applies to

Mediation report

The mediator must submit a report to the Court within seven days after mediation that states the completion date, participants, settlement status, and whether further ADR proceedings are planned.

Within seven (7) days of completion of mediation, the mediator shall submit a report to the Court stating the date of completion of the process, who participated in the mediation, whether a settlement was reached, and whether further ADR proceedings are contemplated.

Applies to

Order of dismissal

When mediation settles the case, the attorneys must submit an order of dismissal within 21 days after the settlement date.

If the case is settled through mediation, the attorneys shall submit an order of dismissal within twenty-one (21) days of the date the settlement was reached.

Applies to

Deposition objections

Deposition objections and supporting legal argument must be submitted to the judge and opposing counsel at least fourteen days before trial, with responses due seven days before trial.

If depositions have objections therein, the parties shall submit to the Judge and opposing counsel no later than 14 days before trial date, the objections with supporting law including argument, with responses filed with the Judge and opposing counsel 7 days before the trial date.

Applies to

Trial brief

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

At Least 7 Days Prior to Trial, SUBMIT A TRIAL BRIEF CONTAINING A BRIEF STATEMENT OF FACTS, ISSUES, THEORY OF CASE AND MEMORANDUM OF LAW.

Applies to

Trial brief

A photocopy of every cited case or statute must be attached.

If cases or statutes are cited, a photocopy of the case or statute shall be attached.

Applies to

Stipulation

All stipulations must be in writing and placed on the record.

All stipulations shall be in writing and placed on the record.

Applies to

Trial brief

In non-jury cases, the trial brief must include proposed findings of fact and conclusions of law.

In NON-JURY cases, the Trial Brief shall include proposed findings of fact and conclusions of law.

Applies to

Jury instructions

In a criminal jury trial, counsel must prepare fifteen copies of the Chapter 2 M Crim JI containing all elements of the crime as required by M Crim JI 2.3(3).

In a criminal trial, counsel must prepare 15 copies of the Chapter 2 M Crim JI, including all the elements of the crime as required by M Crim JI 2.3(3).

Applies to

Special jury questions

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

In jury cases, submit to the Court in writing special jury questions that counsel desire to be asked of the prospective jurors.

Applies to

Deposition objections

Deposition objections and supporting law must be submitted to the judge and opposing counsel at least 14 days before trial, with responses submitted seven days before trial.

If depositions have objections therein, the parties shall submit to the Judge and opposing counsel no later than 14 days before trial date, the objections with supporting law including argument, with responses filed with the Judge and opposing counsel 7 days before the trial date.

Applies to

Witness list

Fourteen days before trial, counsel must supply sufficient copies of a witness list identifying actual or probable witnesses, whether they will appear in person or by deposition, and specified information for medical experts.

Fourteen days before trial date, supply witness lists in sufficient number for the Court and all counsel of actual and/or probable witnesses, indicating if in person or by deposition and, if medical experts, the hospital and office where the witness practices and his or her specialty.

Applies to

Exhibits

Counsel must provide either a stipulation for entry of each exhibit or stated reasons for objecting to it.

Counsel shall have stipulations for entry or stated reasons for objections.

Applies to

Trial brief

Each trial brief must contain the specified factual, legal, asset, proposed-findings, conclusions, and requested-relief sections.

Trial briefs shall contain a statement of facts, issues, theory of case, memorandum of law, joint schedule of assets, and proposed findings of fact, conclusions of law, and relief requested (proposed property division, custody or parenting time, etc.).

Applies to

Trial brief

Any cited case or statute must be attached as a photocopy to the trial brief.

If cases or statutes are cited, a photocopy of the case or statute shall be attached.

Applies to

Alternative service request

Must include

proposed order

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

Requests for alternative service must be accompanied by a verified motion, proposed order, an affidavit of the process server showing reasonable efforts (at least 3 attempts) to make service of process and a postal verification.

Applies to

Summons extension request

Must include

proposed order

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

Requests to extend the summons must be accompanied by a motion and proposed order and must be submitted prior to the expiration of the original summons.

Applies to

Witness list

Each witness list must identify actual and probable witnesses, indicate whether each will appear in person or by deposition, and identify a medical expert's hospital, office, and specialty.

Fourteen days before trial date, supply witness lists in sufficient number for the Court and all counsel of actual and/or probable witnesses, indicating if in person or by deposition and, if medical experts, the hospital and office where the witness practices and his or her specialty.

Applies to

Exhibit log

When Judge Servitto’s court uses video, attorneys—not the court reporter—must mark proposed exhibits and prepare an exhibit log.

However, in Judge Servitto’s court in which video is utilized, the attorneys are responsible for marking exhibits and preparing an exhibit log.

Applies to

Exhibit stipulations and objections

Counsel must provide a stipulation for entry for each proposed exhibit or state reasons for objecting to its admission.

Counsel shall have stipulations for entry or stated reasons for objections.

Applies to

Trial brief

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

Submit a Trial Brief containing a brief statement of facts, issues, theory of case and memorandum of law.

Applies to

Trial brief

Any case or statute cited in the trial brief must be accompanied by a photocopy.

If cases or statutes are cited, a photocopy of the case or statute shall be attached.

Applies to

Trial stipulations

Any stipulations offered for placement on the trial record must be prepared in writing.

Prepare stipulations in writing, if any, to be placed on the record.

Applies to

Trial witness list

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

Fourteen days before the trial date, counsel shall supply trial witness lists to the Court and all counsel of actual and/or probable witnesses, indicating if in person or by deposition and, for medical experts, the hospital and office where the witness practices and his or her specialty.

Applies to

Stipulated order

Must include

proposed order

A request for facilitation in lieu of case evaluation requires a stipulated order stating the facilitator’s name, facilitation date and time, and placement of a number in the recommendation after obtaining a settlement-conference date from the secretary.

If parties are seeking facilitation in lieu of case evaluation, you must submit a stipulated order including the facilitators name, date and time of facilitation and that a number is to be placed within the facilitator’s recommendation after contacting the secretary to obtain a settlement conference date.

Applies to

Exhibits

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

Counsel shall have stipulations for entry or stated reasons for objections.

Applies to

Trial brief

A trial brief must include a concise statement of facts, the issues, the theory of the case, and a memorandum of law.

Submit a Trial Brief containing a brief statement of facts, issues, theory of case and memorandum of law.

Applies to

Jury instructions

In a criminal jury trial, counsel must prepare 15 copies of the Chapter 2 M Crim JI containing all elements of the crime under M Crim JI 2.3(3).

In a criminal trial, counsel must prepare 15 copies of the Chapter 2 M Crim JI, including all the elements of the crime as required by M Crim JI 2.3(3).

Applies to

Jury instructions

In a civil jury trial, counsel must prepare 9 copies of the Chapter 2 M Civ JI stating the nature of the plaintiff's claim and the elements, legal-term definitions, presumptions, and burdens of proof for all civil claims under M Civ JI 2.02.

In a civil case, counsel must prepare 9 copies of the Chapter 2 M Civ JI, including the nature of plaintiff’s claim and the elements of all civil claims (including definitions of legal terms), legal presumptions, and burdens of proof as required by M Civ JI 2.02.

Applies to

Joint succinct statement

Counsel must prepare a joint statement succinctly explaining the case and may not exceed one paragraph.

Counsel must prepare a joint succinct statement as to what the case is about, not to exceed one paragraph

Applies to

Witness list

Counsel must prepare a joint list of the witnesses to be called at trial.

a joint list of witnesses to be called at trial.

Applies to

Alternate service request

Must include

proposed order

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

Requests for alternate service must be accompanied by a verified motion, proposed order, an affidavit of the process server showing reasonable efforts to make service of process and a postal verification.

Applies to

Summons extension request

Must include

proposed order

A summons-extension request must include a motion and proposed order, be submitted before the original summons expires, and show the plaintiff’s due diligence.

Requests to extend the summons must be accompanied by a motion and proposed order and must be submitted prior to expiration of the original summons. Such requests will only be granted upon a showing of due diligence by plaintiff in attempting to serve the original summons.

Applies to

Order after motion ruling

Must include

proposed order

After a motion ruling, the parties must submit an order through MI File by 4:30 p.m. the same day, through a stipulated order, or through a seven-day order.

Following the Court's ruling on a motion the parties, will need to submit an order via MI File no later than 4:30 p.m. the same day or via stipulated order or via 7 day order.

Applies to

Stipulated order

A stipulated order must state the reason for adjournment, the number of prior adjournments, the number of days extended, and the new dates.

Stipulated order must contain reason for adjournment, number of adjournment, amount of days being adjourned and a list of the new dates.

Applies to

Trial brief

The trial brief must contain a statement of facts, issues, theory of the case, memorandum of law, supplemental joint schedule of assets, proposed findings of fact and conclusions of law, and a list of all evidentiary issues for trial.

a brief statement of facts, issues, theory of case and memorandum of law, supplemental joint schedule of assets, and proposed findings of fact and conclusions of law and list any/all evidentiary issues for trial.

Applies to

Trial brief

Must include

proposed order

A proposed judgment must be attached to the trial brief.

A PROPOSED JUDGMENT MUST BE ATTACHED TO THE TRIAL BRIEF.

Applies to

Supplemental trial witness list

Supplemental trial witness lists must be supplied 21 days before trial in sufficient numbers and identify actual or probable witnesses, their appearance method, and medical-expert practice details and specialty.

Twenty-one (21) days before trial date, supply supplemental trial witness lists in sufficient number for the Court and all counsel of actual and/or probable witnesses, indicating if in person or by deposition, and, if medical experts, the hospital and office where the witness practices, and his or her speciality.

Applies to

Proposed exhibits

Copies of proposed exhibits must be furnished to the Court and opposing counsel.

Furnish copies of proposed exhibits to the Court and opposing counsel.

Applies to

Emergency motion

Must include

proposed order

An emergency motion filing must include a request for hearing, the motion, and a proposed order.

Emergency Motions Requires a Request for Hearing, Motion, and proposed order.

Applies to

Proposed exhibits

Proposed exhibits must be marked before trial.

Have proposed exhibits marked prior to trial.

Applies to

Exhibit stipulations

Counsel must have stipulations for entry of exhibits or stated reasons for objecting to them.

Counsel shall have stipulations for entry or stated reasons for objections.

Applies to

Trial brief

Trial briefs must include a statement of facts, issues, theory of the case, memorandum of law, joint schedule of assets, and proposed findings of fact and conclusions of law.

Trial briefs shall contain a statement of facts, issues, theory of case, memorandum of law, joint schedule of assets, and proposed findings of fact and conclusions of law.

Applies to

Trial brief

Any case or statute cited in a trial brief must be attached in photocopy form.

If cases or statutes are cited, a photocopy of the case or statute shall be attached.

Applies to

Jury instructions

For a jury trial, counsel should provide completed typed jury instructions and a proposed jury verdict form to the court and all counsel.

If a jury trial, to the extent possible, have completed, typed jury instructions, including proposed jury verdict form for the Court and all counsel (not just by jury instruction number).

Applies to

Trial witness availability

Witnesses must be available on the day of trial.

Have witnesses available for trial.

Applies to

Trial appearance

Counsel and necessary persons must be present on the day of trial to effect disposition of the matter.

Be present with client(s) and any other person(s) necessary to effect the disposition of the mat

Applies to

Trial witness list

Fourteen days before trial, counsel must provide trial witness lists identifying actual and probable witnesses, their in-person or deposition status, and specified information for medical experts.

Fourteen days before the trial date, counsel shall supply trial witness lists to the Court and all counsel of actual and/or probable witnesses, indicating if in person or by deposition and, for medical experts, the hospital and office where the witness practices and his or her specialty.

Applies to

Jury instructions

Completed typed jury instructions and a proposed jury verdict form must be provided to the court and all counsel, rather than merely instruction numbers.

Provide completed, typed jury instructions, including a proposed jury verdict form for the Court and all counsel (not just by jury instruction number).

Applies to

Jury instructions

Counsel must provide sufficient copies of the jury instructions for the court, all counsel, and each juror.

Counsel shall provide sufficient copies for the Court, all counsel, and each juror.

Applies to

Exhibits

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

Counsel shall have stipulations for entry or stated reasons for objections.

Applies to

Special jury questions

Any special jury questions counsel wants asked of prospective jurors must be submitted to the court in writing on the day of trial.

Submit to the Court, in writing, special jury questions that counsel desire to be asked of the prospective jurors.

Applies to

Joint trial statement and witness list

Counsel must provide a joint statement of the case not exceeding one paragraph and a joint list of trial witnesses.

Provide a joint succinct statement as to what the case is about, not to exceed one paragraph and a joint list of witnesses to be called at trial.

Applies to

Ex parte motion

Must include

proposed order

A party seeking a remote appearance must file an ex parte motion with a proposed order at least 48 hours before the scheduled court date.

IF YOU WISH TO APPEAR REMOTELY, YOU MUST FILE AN EX PARTE MOTION WITH A PROPOSED ORDER 48 HOURS PRIOR TO YOUR SCHEDULED COURT DATE.

Applies to

Motion

A brief is required for motions heard on the regular motion day.

Brief Required: Yes

Applies to

Witness list

Fourteen days before trial, parties must supply sufficient witness lists identifying actual or probable witnesses, their appearance mode, and specified medical-expert information.

Fourteen days before trial date, supply witness lists in sufficient number for the Court and all counsel of actual and/or probable witnesses, indicating if in person or by deposition and, if medical experts, the hospital and office where the witness practices and his or her specialty.

Applies to

Exhibit log

Proposed exhibits must be marked before trial; attorneys must prepare an exhibit log and provide stipulations for entry or reasons for objections, with copies furnished to the Court and opposing counsel whenever practicable.

Have proposed exhibits marked prior to trial. In Judge Yokich’s court a video recording system is utilized. Attorneys are responsible for marking exhibits and preparing an exhibit log. Counsel shall have stipulations for entry or stated reasons for objections. Whenever practicable, copies of exhibits shall be furnished to the Court and opposing counsel for use during the trial.

Applies to

Trial brief

Must include

legal argument, statement of facts

Bench-trial briefs must contain a statement of facts, issues, theory of case, memorandum of law, joint schedule of assets, and proposed findings of fact and conclusions of law.

Trial briefs shall contain a statement of facts, issues, theory of case, memorandum of law, joint schedule of assets, and proposed findings of fact and conclusions of law.

Applies to

Jury instructions

For a jury trial, parties should provide completed, typed jury instructions and a proposed jury verdict form to the Court and all counsel.

If a jury trial, to the extent possible, have completed, typed jury instructions, including proposed jury verdict form for the Court and all counsel (not just by jury instruction number).

Applies to

Special jury questions

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

In jury cases, submit to the Court in writing special jury questions that counsel desire to be asked of the prospective jurors.

Applies to

Special jury questions

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

In jury cases, submit to the Court in writing special jury questions that counsel desire to be asked of the prospective jurors.

Applies to

Joint succinct statement

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

Joint succinct statement as to what the case is about, not to exceed one paragraph.

Applies to

Witness and exhibit list

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

Provide Judge's secretary with a list of witnesses and exhibits.

Applies to

Personal data cover sheet

The Personal Data Cover Sheet must be completed.

Please fill out this form.

Applies to

Exhibits

Counsel must meet before trial to exchange and review proposed exhibits, and agreed-upon exhibits must be marked as counsel agrees.

All counsel must meet prior to trial to exchange and review proposed exhibits. Agreed upon exhibits shall be marked in any manner agreeable to counsel.

Applies to

Voir dire

Counsel may conduct voir dire only as to juror qualifications, bias, and similar matters; case-specific questions are prohibited, and later questions are limited to newly seated jurors.

The Court allows counsel to conduct voir dire, limited to questions regarding a jurors qualifications to sit as a juror, potential bias, etc. Questions specific to the case are not allowed. Questions after the first juror is removed either for cause or for a peremptory shall be limited to the new seated juror/jurors.

Applies to

Motion in limine

Multiple motions in limine must be numbered in their titles.

If you are filing more than one (1) motion in limine, please be sure to number them in the title.

Applies to

Witness list

Witness lists should identify actual or probable witnesses, their appearance mode, and specified hospital, office, and specialty information for medical experts.

The witness list should include actual and/or probable witnesses, indicating if in person or by deposition and, if medical experts, the hospital, and office where the witness practices and his or her specialty.

Applies to

Jury instructions

For a jury trial, counsel should, to the extent possible, provide completed typed jury instructions and a proposed jury verdict form to the court and all counsel.

If a jury trial, to the extent possible, have completed, typed jury instructions, including a proposed jury verdict form for the Court and all counsel.

Applies to

Exhibit stipulation or objection

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

Have stipulations for entry of exhibits or stated reasons for objections prepared.

Applies to

Trial brief

Any case or statute cited in the trial brief must be attached as a photocopy.

If cases or statutes are cited, a photocopy of the case or statute shall be attached.

Applies to

Trial stipulation

Any trial stipulations must be prepared in writing and placed on the record.

Prepare stipulations in writing, if any, to be placed on the record.

Applies to

Jury instructions

For a jury trial, counsel should, to the extent possible, provide the Court and all counsel completed, typed jury instructions and a proposed jury verdict form.

If a jury trial, to the extent possible, have completed, typed jury instructions, including proposed jury verdict form for the Court and all counsel (not just by jury instruction number).

Applies to

Order regarding facilitative mediation

A request for facilitative mediation may be made by stipulated order, and the required form is the Order Regarding Facilitative Mediation.

Requests to submit a case to facilitative mediation under MCR 2.410 and 2.411 may be made by stipulation and order. This order must be used: Order Regarding Facilitative Mediation.

Applies to

Stipulated order

Counsel must prepare a stipulated order identifying the adjournment number in its title.

Counsel to prepare a stipulated order that states the number of the adjournment in the title.

Applies to

Trial procedure order

The court issues a Trial Procedure Order when a case is scheduled for trial.

The Court's trial procedures are contained in its Trial Procedure Order which is issued when a case is scheduled for Trial.

Applies to

Hearing request

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

If the parties have not resolved the objections, the parties shall contact the Judge's secretary for a hearing date regarding the deposition objections.

Applies to

Jury instructions

For jury trials, counsel should, to the extent possible, provide the Court and all counsel completed, typed jury instructions and a proposed jury verdict form.

For jury trials, to the extent possible, have completed, typed jury instructions, including a proposed jury verdict form for the Court and all counsel (not just by jury instruction number).

Applies to

Stipulation

Any stipulations must be prepared in writing for placement on the record.

Prepare stipulations in writing, if any, to be placed on the record.

Applies to

Deposition objection hearing request

If the parties have not resolved deposition objections, they must contact the judge's secretary to obtain a hearing date.

If the parties have not resolved the objections, the parties shall contact the Judge's secretary for a hearing date regarding the deposition objections.

Applies to

Jury instructions and verdict form

For a jury trial, provide the Court and all counsel with completed, typed jury instructions and a proposed jury verdict form, to the extent possible.

If a jury trial, to the extent possible, have completed, typed jury instructions, including proposed jury verdict form for the Court and all counsel (not just by jury instruction number).

Applies to

Special jury questions

In jury cases, counsel must submit proposed special juror questions in writing, while the court reserves control of voir dire.

In jury cases, submit to the Court in writing special jury questions that counsel desire to be asked of the prospective jurors. The Court reserves the right to conduct the voir dire.

Applies to

Deposition objections

Deposition objections must be supported by law and argument.

the objections with supporting law, including argument

Applies to

Jury instructions

For a jury trial, counsel should provide completed typed jury instructions and a proposed verdict form to the court and all counsel.

If a jury trial, to the extent possible, have completed, typed jury instructions, including a proposed jury verdict form for the Court and all counsel (not just by jury instruction number).

Applies to

Jury instructions

Counsel must meet, confer, and prepare the specified Chapter 1 and Chapter 2 preliminary jury instructions.

Counsel shall meet, confer and prepare the Chapter 1 and Chapter 2 preliminary instructions, including all M Civ JI’s mandated by paragraph 4 of M Civ JI 2.02 and all CJ12d’s mandated by subparagraph 3 of CJ12d 2.3.

Applies to

Jury instructions

Counsel must provide enough jury-instruction copies for the court, all counsel, and each juror.

Counsel shall provide sufficient copies for the Court, all counsel, and each juror.

Applies to

Trial brief

Any case or statute cited in the trial brief must have a photocopy attached.

If cases or statutes are cited, a photocopy of the case or statute shall be attached.

Applies to

Stipulation

Any trial stipulations must be prepared in writing for placement on the record.

Prepare stipulations in writing, if any, to be placed on the record.

Applies to

Special jury questions

In jury cases, counsel must submit any desired special questions for prospective jurors to the court in writing.

In jury cases, submit to the Court, in writing, special jury questions that counsel desire to be asked of the prospective jurors.

Applies to

Trial witness list

Counsel must provide a joint list of witnesses to be called at trial.

Provide a joint succinct statement as to what the case is about, not to exceed one paragraph and a joint list of witnesses to be called at trial.

Applies to

Stipulation

Any stipulations counsel intends to place on the record must be prepared in writing.

Prepare stipulations in writing, if any, to be placed on the record.

Applies to

Trial brief

Any case or statute cited in the trial brief must be attached as a photocopy.

If cases are cited, a photocopy of the case or statute shall be attached.

Applies to

Exhibit submission

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

Have stipulations for entry of exhibits or stated written reasons for objections prepared.

Applies to

Deposition objections

Deposition objections must be submitted in writing with supporting citations of authority.

Objections must be presented to the Court in writing with citations of authority in support of the party’s position.

Applies to

Stipulations

All stipulations must be in writing and placed on the record.

All stipulations shall be in writing and placed on the record.

Applies to

Exhibit log

Attorneys are responsible for marking exhibits and preparing an exhibit log for use with the court’s video recording system.

In Judge Dennings' court a video recording system is utilized. Attorneys are responsible for marking exhibits and preparing an exhibit log.

Applies to

Stipulation

Trials are conducted in person unless the court receives a stipulation to conduct the trial via Zoom.

Trials are in person unless a stipulation is received to conduct the trial via zoom.

Applies to

Stipulation

Any stipulations to be placed on the record must be prepared in writing.

Prepare stipulations in writing, if any, to be placed on the record.

Applies to

Jury instructions

At the trial judge’s discretion, photocopies of completed standard jury instructions are acceptable if all blanks are completed and alternatives are selected.

At the discretion of the trial Judge, photocopies of completed SJI's are acceptable provided that blank spaces are completed and any alternatives in the instructions are chosen.

Applies to

Special jury questions

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

In jury cases, submit to the Court in writing special jury questions that counsel desire to be asked of the prospective jurors.

Applies to

Joint succinct statement

The parties must submit a joint succinct statement describing the case that does not exceed one paragraph.

Joint succinct statement as to what the case is about, not to exceed one paragraph.

Applies to

Exhibits

When practicable, exhibit copies must be furnished to the court and opposing counsel for use during trial.

Whenever practicable, copies shall be furnished to the Court and opposing counsel for use during the trial.

Applies to

Joint succinct statement

Parties must submit a joint succinct statement describing the case that does not exceed one paragraph.

Joint succinct statement as to what the case is about, not to exceed one paragraph.

Applies to

Trial brief

Bench-trial briefs must attach photocopies of cited cases or statutes, and any stipulations must be prepared in writing for placement on the record.

If cases or statutes are cited, a photocopy of the case or statute shall be attached. Prepare stipulations in writing, if any, to be placed on the record.

Applies to

Dispositive motion

The court does not issue a separate scheduling order for a dispositive motion.

The court does not issue a separate scheduling order for dispositive motions.

Applies to

Jury instructions

Photocopied standard civil and criminal jury instructions are acceptable if all blanks and specified alternatives are completed.

Photocopies of completed M Civ JI’s and M Crim JI’s are acceptable provided that blank spaces are completed and any alternatives in the instructions are chosen, including paragraph 4 of M Civ JI 2.02 (nature of civil claims) and M Crim JI 2.4 (elements of the charge).

Applies to

Exhibits

When practicable, copies of proposed exhibits should be furnished to the court and opposing counsel for use at trial.

Whenever practicable, copies shall be furnished to the Court and opposing counsel for use during the trial.

Applies to

Exhibits

Whenever practicable, copies of exhibits should be furnished to the court and opposing counsel for use at trial.

Whenever practicable, copies of exhibits shall be furnished to the Court and opposing counsel for use during the trial.

Applies to

Trial brief

Counsel may submit a trial brief containing a brief statement of the facts, the issues, and counsel's theory of the case.

Counsel may submit a Trial Brief containing a brief statement of facts, issues and their theory of the case.

Applies to

Sequestration order

The court will not enter sequestration orders for trials conducted via Zoom.

No orders for sequestration will be entered for zoom trials.