Court Rules

Sixteenth Judicial Circuit Court of Michigan, Macomb County Filing Timing and Cure Windows

125 rules from official source documents

Filing cutoffs, deemed-filed rules, rejection handling, cure periods, and outage procedures. This page is scoped to Sixteenth Judicial Circuit Court of Michigan, Macomb County; use the court rules overview to switch categories without leaving this court.

An electronic filing submitted after the Clerk's 4:30 p.m. cutoff is deemed filed the next business day.

E-filings submitted after the close of normal business hours (which is currently 4:30 p.m.) shall be deemed filed on the next business day.

Court-level rulesCRITICALOfficial source

Filing and service deadlines for e-filings are governed by the applicable statutes, Michigan Court Rules, and Local Administrative Orders as if the filings were hand-delivered.

a. All times for filing and serving e-filings shall be governed by the applicable statute, the MCR and the LAO as if the e-filings were hand-delivered.

Court-level rulesCRITICALOfficial source

The submission deadline for all documents is April 30, 2019.

Please submit all documents via email to info@michiganidc.gov no later than April 30, 2019

Court-level rulesCRITICALOfficial source

An action adopting or objecting to the Friend of the Court's recommendation, or another specified action, must be taken within 21 days after submission of the recommendation or the original motion or petition will be dismissed.

6. [ ] ACTION (I.E. MOTION TO ADOPT/OBJECT TO RECOMMENDATION, CONSENT ORDER, ETC.) MUST BE TAKEN WITHIN 21 DAYS OF SUBMISSION OF THE FRIEND OF THE COURT'S RECOMMENDATION, OR THE ORIGINAL MOTION/PETITION WILL BE DISMISSED.

Court-level rulesCRITICALOfficial source

The joint pretrial report is due no later than seven days before the Initial Court Conference.

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.

Court-level rulesCRITICALOfficial source

A responsive pleading must be filed by noon on the Thursday before the motion, and late filings may be disregarded.

Any responsive pleading must be filed no later than the Thursday before the motion. The cut-off time is noon. Any late filings may not be considered.

Judge Anthony R. ServittoCRITICAL

A motion in limine is heard with the civil pretrial unless it concerns expert testimony, in which case it must be heard no later than two months before trial.

To be heard the same date and time as the Civil Pretrial with the exception of Motions in Limine as it relates to expert testimony which are to be heard no later than 2 months prior to the trial date.

Judge Anthony R. ServittoCRITICAL

All other motions in limine must be e-filed two weeks before the civil pretrial.

All other MIL are to be efiled 2 weeks prior to the Civil Pretrial.

Judge Anthony R. ServittoCRITICAL

Every sentencing memorandum must be filed at least three days before sentencing.

All sentencing memoranda must be filed at least three days prior to the sentencing.

Judge Anthony R. ServittoCRITICAL

Motions in limine are heard with the civil pretrial except motions concerning witness testimony, which must be heard no later than two months before trial.

Motion in Limine are to be heard the same date and time as the Pretrial with the exception of Motions in Limine regarding witness testimony which are to be heard no later than 2 months prior to the trial date.

Judge Anthony R. ServittoCRITICAL

A final order closing a fully settled civil case is typically required within 14 to 21 days, with failure resulting in a no-progress dismissal.

A final order closing the case in its entirety will be required typically within 14-21 days. Failure to do the order will result in Case Management issuing a No Progress-Dismissal.

Judge Anthony R. ServittoCRITICAL

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

Submit the signed MOU to the assigned judge's clerk after the plea and on or before the date of sentencing.

Judge James M. Biernat Jr.CRITICAL
Applies to
Motion

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.

All motions (including Motions in Limine) are to be filed 14 days prior to the trial date and heard 7 days prior to the trial date, on a Monday with the Court's regular motion call. Motions on the day of trial or the day before the trial will not be entertained except for good cause shown.

Judge James M. Biernat Jr.CRITICAL
Applies to
Deposition objections

Deposition objections with supporting law and argument must be submitted at least 14 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.

Judge James M. Biernat Jr.CRITICAL
Applies to
Deposition objections

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

Objections to depositions filed on the day of trial will not be entertained except for good cause shown.

Judge James M. Biernat Jr.CRITICAL
Applies to
Witness list

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.

Fourteen days before trial date, supply witness lists in sufficient number for 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.

Judge James M. Biernat Jr.CRITICAL

All motions in limine and trial motions must be filed 14 days before trial, with responses filed 7 days before the hearing date.

File all motions in limine and/or trial motions with the Judge and counsel fourteen (14) days before trial with responses filed with the Judge and opposing counsel seven (7) days before the hearing date.

Judge James M. MaceroniCRITICAL

Motions filed on the day of trial will not be entertained.

Motions on the day of trial will not be entertained.

Judge James M. MaceroniCRITICAL

Deposition objections must be submitted to the judge and opposing counsel no later than 14 days before the trial date.

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.

Judge James M. MaceroniCRITICAL

Counsel must file motions in limine concerning objected-to exhibits at least 14 days before trial.

Counsel must file motions in limine as to exhibits for which there is an objection at least fourteen (14) days prior to trial.

Judge James M. MaceroniCRITICAL

Witness lists must be supplied 14 days before the trial date.

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.

Judge James M. MaceroniCRITICAL

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

Objections to depositions filed on the day of trial will not be entertained.

Judge James M. MaceroniCRITICAL

The trial brief must be submitted 7 days before the trial date.

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

Judge James M. MaceroniCRITICAL

A summons-extension request must be submitted before the original summons expires.

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.

Judge Jennifer M. FaunceCRITICAL

All motions in limine must be heard at least seven (7) days before trial.

ALL motions in limine need to be heard not less than seven (7) days before trial.

Judge Jennifer M. FaunceCRITICAL

Motions in limine must be heard at least 14 days before trial.

All motions in limine are to be heard at least 14 days before the trial date.

Judge Jennifer M. FaunceCRITICAL

Motions filed on the trial date will not be entertained absent good cause.

Motions on the day of trial will not be entertained except for good cause shown.

Judge Jennifer M. FaunceCRITICAL
Applies to
Deposition objections

Deposition objections with supporting law and argument must be submitted at least 14 days before trial, with responses filed 7 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.

Judge Jennifer M. FaunceCRITICAL
Applies to
Deposition objections

Deposition objections filed on the trial date will not be entertained absent good cause.

Objections to depositions filed on the day of trial will not be entertained except for good cause shown.

Judge Jennifer M. FaunceCRITICAL
Applies to
Witness list

Witness lists must be supplied in sufficient number to the court and all counsel 14 days before trial.

Fourteen days before the trial date, supply witness lists in sufficient number for the Court and all counsel.

Judge Jennifer M. FaunceCRITICAL

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

All discovery, including depositions, interrogatories, medical examinations, etc., shall be cutoff by ___________________________________, unless extended by order of the Court.

Judge Joseph ToiaCRITICAL

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

Summary disposition motion(s) must be filed and heard by __________________________________.

Judge Joseph ToiaCRITICAL

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

File all motions in limine and/or trial motions with the Judge and counsel 14 days before the trial date with responses to be filed with the Judge and opposing counsel 7 days before trial date.

Judge Joseph ToiaCRITICAL

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

Motions filed on the day of trial will not be entertained except for good cause shown.

Judge Joseph ToiaCRITICAL

Deposition objections and supporting argument must be submitted 14 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 to be filed with the Judge and opposing counsel 7 days before the trial date.

Judge Joseph ToiaCRITICAL

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

Objections to depositions filed on the day of trial will not be entertained except for good cause shown.

Judge Joseph ToiaCRITICAL

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.

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.

Judge Joseph ToiaCRITICAL

Trial witness lists must be filed 28 days before trial.

1. TRIAL WITNESS LISTS FILED TWENTY-EIGHT (28) DAYS PRIOR TO TRIAL DATE

Judge Julie GattiCRITICAL

Motions in limine set for hearing on the trial day generally will not be entertained, although good cause may permit consideration.

Motions filed to be heard on the day of trial will not be entertained except for good cause shown.

Judge Julie GattiCRITICAL

Unresolved deposition objections must be submitted to the judge and opposing counsel no later than the final pretrial date.

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.

Judge Julie GattiCRITICAL

Deposition objections filed on the trial day generally will not be entertained, although good cause may permit consideration.

Objections to depositions filed on the day of trial will not be entertained except for good cause shown.

Judge Julie GattiCRITICAL

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.

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.

Judge Kathryn A. VivianoCRITICAL

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

Motions in Limine and/or trial motions shall be filed and scheduled at least 28 days prior to trial or deemed waived.

Judge Kathryn A. VivianoCRITICAL

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

Motions on the day of trial will not be heard except for good cause shown.

Judge Kathryn A. VivianoCRITICAL

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

All depositions intended for use at trial shall be purged at least 14 days prior to trial or all objections shall be deemed waived.

Judge Kathryn A. VivianoCRITICAL

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

Objections to depositions filed on the day of trial will not be heard.

Judge Kathryn A. VivianoCRITICAL

In limine and trial motions must be scheduled to permit responses to be filed with the judge and opposing counsel at least seven days before the scheduled date.

All motions in limine and trial motions are to be scheduled to allow for responses filed with the Judge and opposing counsel no less than 7 days before set date.

Judge Matthew P. SabaughCRITICAL

Motions submitted on the day of trial will not be entertained absent a showing of good cause.

Motions on the day of trial will not be entertained except for good cause shown.

Judge Matthew P. SabaughCRITICAL

Deposition objections must be submitted to the judge and opposing counsel no later than fourteen 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.

Judge Matthew P. SabaughCRITICAL

Responses must be filed with the Judge and opposing counsel 7 days before the trial date.

with responses filed with the Judge and opposing counsel 7 days before the trial date.

Judge Matthew P. SabaughCRITICAL

Deposition objections filed on the day of trial will not be entertained absent a showing of good cause.

Objections to depositions filed on the day of trial will not be entertained except for good cause shown.

Judge Matthew P. SabaughCRITICAL

Witness lists must be supplied to the court and all counsel fourteen days before trial.

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.

Judge Matthew P. SabaughCRITICAL

The trial brief 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.

Judge Matthew P. SabaughCRITICAL

Responses to deposition objections must be filed with the judge and opposing counsel 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.

Judge Matthew S. SwitalskiCRITICAL

Unless the court otherwise permits, dispositive motions must be both filed and heard at least 28 days before trial.

Unless otherwise permitted by the Court, all dispositive motions shall be filed and heard at least 28 days prior to trial.

Judge Matthew S. SwitalskiCRITICAL

Motions in limine and trial motions must be both filed and heard at least 14 days before trial.

Motions in Limine and/or trial motions shall be filed and heard at least 14 days prior to trial.

Judge Matthew S. SwitalskiCRITICAL

The court will not entertain motions filed on the trial day absent a showing of good cause.

Motions on the day of trial will not be entertained except for good cause shown.

Judge Matthew S. SwitalskiCRITICAL

Deposition objections filed on the trial day will not be entertained absent a showing of good cause.

Objections to depositions filed on the day of trial will not be entertained except for good cause shown.

Judge Matthew S. SwitalskiCRITICAL

Witness lists must be supplied to the court and all counsel fourteen days before trial.

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.

Judge Matthew S. SwitalskiCRITICAL

The trial brief must be submitted at least two days before trial.

Submit a Trial Brief at least 2 days prior.

Judge Matthew S. SwitalskiCRITICAL

A summons-extension request must 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.

Judge Michael ServittoCRITICAL
Deadline
45 court days

All motions in limine and trial motions must be filed 45 days before trial, with responses filed 38 days before trial; motions filed on the trial date will be entertained only for good cause shown.

File all motions in limine and/or trial motions with the Judge and counsel 45 days before trial date with responses filed with the Judge and opposing counsel 38 days before trial date. Motions on the day of trial will not be entertained except for good cause shown.

Judge Michael ServittoCRITICAL
Deadline
38 court days

Responses to motions in limine and trial motions must be filed with the judge and opposing counsel 38 days before trial.

File all motions in limine and/or trial motions with the Judge and counsel 45 days before trial date with responses filed with the Judge and opposing counsel 38 days before trial date.

Judge Michael ServittoCRITICAL
Deadline
14 court days

Any deposition objections, supported by law and argument, must be submitted to the judge and opposing counsel no later than 14 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.

Judge Michael ServittoCRITICAL

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

Objections to depositions filed on the day of trial will not be entertained except for good cause shown.

Judge Michael ServittoCRITICAL
Deadline
14 court days

At least 14 days before trial, counsel must supply sufficient copies of a witness list to the court and all counsel, identifying actual and probable witnesses, their appearance mode, and specified practice details 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.

Judge Michael ServittoCRITICAL

All motions in limine and trial motions must be filed no later than 21 days before trial.

All motions in limine and/or trial motions must be filed no later than 21 days prior to the trial date

Judge Rachel RancilioCRITICAL

Responses to motions in limine and trial motions must be filed with the judge and opposing counsel seven days before trial.

with responses to be filed with the Judge and opposing counsel 7 days before the trial date.

Judge Rachel RancilioCRITICAL

Deposition objections filed on the trial date will not be entertained absent good cause.

Objections to depositions filed on the day of trial will not be entertained except for good cause shown.

Judge Rachel RancilioCRITICAL

Responses in civil cases are due no later than seven days.

Any/all response(s) due no later than seven days

Judge Rachel RancilioCRITICAL

Dispositive motions must be filed and heard before the established cut-off date.

Motions must be filled and heard before this cut-off date.

Judge Rachel RancilioCRITICAL

Motions filed on the trial date ordinarily will not be entertained.

Motions filed on the day of trial will not be entertained.

Judge Rachel RancilioCRITICAL

Motions in limine ordinarily must be heard before the trial date rather than on the trial date itself.

Motions in limine will NOT be heard on the day of trial.

Judge Rachel RancilioCRITICAL

Unresolved deposition objections and supporting legal argument must be submitted at least 14 days before trial, with responses filed 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 to be filed with the Judge and opposing counsel 7 days before the trial date.

Judge Rachel RancilioCRITICAL

The trial witness list is due to the court and all counsel fourteen days before trial.

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.

Judge Rachel RancilioCRITICAL
Deadline
14 calendar days

All motions in limine and trial motions must be filed at least 14 days before trial, with responses due 7 days after the filing date.

File all motions in limine and/or trial motions with the Judge and counsel at least 14 days before the trial date with responses filed with the Judge and opposing counsel 7 days after the filing date.

Judge Richard L. CarettiCRITICAL
Deadline
7 calendar days

A response to a motion in limine or trial motion must be filed with the judge and opposing counsel 7 days after the motion's filing date.

Responses filed with the Judge and opposing counsel 7 days after the filing date.

Judge Richard L. CarettiCRITICAL

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

Motions filed on the day of trial will not be entertained except for good cause shown.

Judge Richard L. CarettiCRITICAL
Deadline
7 calendar days
Applies to
Witness list

Seven days before trial, counsel must provide sufficient copies of witness lists identifying all actual or probable witnesses and whether their testimony will be live or by deposition.

Seven days before the trial date, counsel must supply witness lists in sufficient number for the Court and all counsel, listing all actual and/or probable witnesses, and indicating if testimony will be in person or by deposition.

Judge Richard L. CarettiCRITICAL

The order submitted after a motion ruling is due no later than 4:30 p.m. the same day when submitted through MI File.

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.

Judge Richard L. CarettiCRITICAL

A trial brief must be submitted at least 14 days before trial or on the date of the Final Pretrial.

At least fourteen (14) days before trial or on the date of the Final Pretrial, submit a trial brief containing

Judge Tanya A. GrilloCRITICAL

The judgment-of-divorce electronic-filing deadline is no later than one week before the hearing, and the hearing will be adjourned if the deadline is missed.

Judgments of Divorce and all required accompanying Orders MUST be e-filed no later than ONE WEEK PRIOR of the Hearing or said Hearing will be adjourned.

Judge Tanya A. GrilloCRITICAL

Motions in limine and other trial motions must be filed and scheduled at least 14 days before trial or they will be deemed waived.

Motions in Limine and/or trial motions shall be filed and scheduled at least fourteen (14) days prior to trial or deemed waived.

Judge Tanya A. GrilloCRITICAL

A trial motion filed for the date of trial will not be heard unless good cause is shown.

Motions on the date of trial will not be heard except for good cause shown.

Judge Tanya A. GrilloCRITICAL

Depositions intended for trial must be purged at least 21 days before trial or objections will be deemed waived.

All depositions intended for use at trial shall be purged at least 21 days prior to trial or all objections shall be deemed waived.

Judge Tanya A. GrilloCRITICAL

Deposition objections filed after the Final Pretrial will not be heard.

Objections to depositions filed after the day of Final Pretrial will not be heard.

Judge Tanya A. GrilloCRITICAL

The electronic filing deadline for divorce judgments and required accompanying orders is the Tuesday of the week before the hearing.

Judgments of Divorce and all required accompanying Orders MUST be e-filed no later than the Tuesday of the week before the Hearing.

Judge Teri Lynn DenningsCRITICAL

Dispositive motions must be filed and heard at least 28 days before trial unless the Court permits otherwise.

Unless otherwise permitted by the Court, all dispositive motions shall be filed and heard at least 28 days prior to trial.

Judge Teri Lynn DenningsCRITICAL

Motions in limine and trial motions must be filed and heard at least 14 days before trial.

Motions in Limine and/or trial motions shall be filed and heard at least 14 days prior to trial.

Judge Teri Lynn DenningsCRITICAL

Deposition objections, supported by law and argument, must be submitted to the judge and opposing counsel at least 14 days before trial, with responses submitted at least 7 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.

Judge Teri Lynn DenningsCRITICAL

At least 14 days before trial, counsel must supply sufficient copies of witness lists identifying actual or probable witnesses, their appearance mode, and specified practice 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.

Judge Teri Lynn DenningsCRITICAL

Exhibit lists and witness lists must be exchanged 14 days before trial.

14 days before the trial date, exhibit lists and witness lists exchanged.

Judge Teri Lynn DenningsCRITICAL

An exhibit binder with identified and tabbed exhibits must be provided to the court at least 7 days before trial.

7 days before trial date, exhibit binder provided to Court with exhibits identified and tabbed.

Judge Teri Lynn DenningsCRITICAL

A trial brief must be submitted at least 7 days before a bench trial.

If a bench trial, submit a Trial Brief at least 7 days prior.

Judge Teri Lynn DenningsCRITICAL
Applies to
Trial motion

All motions in limine and trial motions must be filed with the judge and counsel 14 days before trial.

File all motions in limine and/or trial motions with the Judge and counsel 14 days before the trial date

Judge Teri Lynn DenningsCRITICAL
Applies to
Trial motion response

Responses to motions in limine and trial motions must be filed with the judge and opposing counsel 7 days before trial.

with responses to be filed with the Judge and opposing counsel 7 days before trial date

Judge Teri Lynn DenningsCRITICAL

Motions filed on the trial date will not be entertained absent good cause.

Motions filed on the day of trial will not be entertained except for good cause shown.

Judge Teri Lynn DenningsCRITICAL
Applies to
Deposition objections

Any deposition objections, supported by law and argument, must be submitted to the judge and opposing counsel no later than 14 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

Judge Teri Lynn DenningsCRITICAL
Applies to
Deposition objection response

Responses to deposition objections must be filed with the judge and opposing counsel 7 days before trial.

with responses to be filed with the Judge and opposing counsel 7 days before the trial date

Judge Teri Lynn DenningsCRITICAL

Deposition objections filed on the trial date will not be entertained absent good cause.

Objections to depositions filed on the day of trial will not be entertained except for good cause shown.

Judge Teri Lynn DenningsCRITICAL
Deadline
48 hours

A request to appear remotely must be filed 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.

Judge Tracey A. YokichCRITICAL

Dispositive motions must be filed and heard at least 28 days before trial unless the Court permits otherwise.

Unless otherwise permitted by the Court, all dispositive motions shall be filed and heard at least 28 days prior to trial.

Judge Tracey A. YokichCRITICAL

Motions in limine and trial motions must be filed and heard at least 14 days before trial.

Motions in Limine and/or trial motions shall be filed and heard at least 14 days prior to trial.

Judge Tracey A. YokichCRITICAL
Applies to
Deposition objections

Deposition objections must be submitted with supporting law and argument at least 14 days before trial, with responses filed 7 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.

Judge Tracey A. YokichCRITICAL
Applies to
Deposition objection responses

Responses to deposition objections must be filed with the Judge and opposing counsel 7 days before trial.

with responses filed with the Judge and opposing counsel 7 days before the trial date.

Judge Tracey A. YokichCRITICAL
Applies to
Witness list

Witness lists must be supplied at least 14 days before trial in sufficient number for the Court and all counsel.

Fourteen days before trial date, supply witness lists in sufficient number for the Court and all counsel of actual and/or probable witnesses

Judge Tracey A. YokichCRITICAL
Applies to
Trial brief

In a bench trial, the Trial Brief must be submitted at least 2 days before trial.

If a bench trial, submit a Trial Brief at least 2 days prior.

Judge Tracey A. YokichCRITICAL

E-filings may be submitted around the clock except during maintenance, but the Clerk reviews and accepts them only during normal business hours.

E-filings may be submitted to the Court around the clock at any time (with the exception of periodic maintenance), but shall only be reviewed and accepted for filing by the Macomb County Clerk’s Office during normal business hours.

Court-level rulesWARNINGOfficial source

A party affected by a technical malfunction must use reasonable efforts to timely file or receive service by traditional methods and promptly notify the court and parties.

a. A party experiencing a technical malfunction with the party’s equipment (such as Portable Document Format [PDF] conversion problems or inability to access the pilot sites), another party’s equipment (such as an inoperable e-mail address), or an apparent technical malfunction of the court’s pilot equipment, software, or server shall use reasonable efforts to timely file or receive service by traditional methods and shall provide prompt notice to the court and the parties of any such malfunction.

Court-level rulesWARNINGOfficial source

A party affected by a technical malfunction may petition the court for relief and must provide adequate proof of the malfunction and good cause for not using non-electronic filing or service.

b. If a technical malfunction has prevented a party from timely filing, responding to, or otherwise perfecting or receiving service of an e-filing, the affected party may petition the 16th Circuit Court for relief. Such petition shall contain an adequate proof of the technical malfunction and set forth good cause for failure to use non- electronic means to timely file or serve a document.

Court-level rulesWARNINGOfficial source
Deadline
60 calendar days

A grievance should be submitted to the ADA Coordinator as soon as possible and no later than 60 calendar days after the alleged violation.

Any grievance should be submitted to the ADA Coordinator (identified in Attachment #1) as soon as possible, but no later than 60 calendar days after the alleged violation.

Court-level rulesWARNINGOfficial source

If a party is more than ten days past due, the office must notify the court by submitting a motion and order to show cause requiring the party to appear.

d. The office shall notify the court if a party fails to pay the amount charged and is over ten (10) days past-due by submitting a motion and order to show cause to require that party to appear before the court, so the court can take additional action in that case.

Court-level rulesWARNINGOfficial source

Counsel are expected to resolve anticipated evidentiary and other trial disputes before trial, with unresolved matters heard through a pretrial motion in limine.

Counsel is expected to attempt to resolve prior to trial any expected disagreements regarding the introduction of evidence or any other matter. If these matters cannot be resolved they shall be heard prior to trial via a motion in limine.

Judge James M. MaceroniWARNING

Opposing counsel may file responses to motions in limine within 5 days before the motion hearing.

The Court will allow opposing counsel to file their responses within 5 days before the motion hearing date.

Judge Jennifer M. FaunceWARNING

Case evaluation must occur after the discovery initiation deadline.

Case evaluation shall occur after the discovery initiation deadline in paragraph 1 of this Order.

Judge Joseph ToiaWARNING

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

All motions in limine will be heard on the day of trial unless a compelling reason for an earlier hearing can be demonstrated.

Judge Joseph ToiaWARNING

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

If the parties have not resolved the objections, a hearing will be heard on the day of trial.

Judge Joseph ToiaWARNING

A motion in limine ordinarily will be heard on the trial date unless a compelling reason supports an earlier hearing.

All motions in limine will be heard on the day of trial unless a compelling reason for an earlier hearing can be demonstrated.

Judge Rachel RancilioWARNING

Motions filed on the trial date will not be entertained absent a showing of good cause.

Motions on the day of trial will not be entertained except for good cause shown.

Judge Teri Lynn DenningsWARNING

Deposition objections filed on the trial date will not be entertained absent a showing of good cause.

Objections to depositions filed on the day of trial will not be entertained except for good cause shown.

Judge Teri Lynn DenningsWARNING

Motions in limine will be heard on the Monday before trial unless a compelling reason supports an earlier hearing.

All motions in limine will be heard on the Monday before trial unless a compelling reason for an earlier hearing can be demonstrated.

Judge Teri Lynn DenningsWARNING

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

If the parties have not resolved the objections, a hearing will be heard on the day of trial.

Judge Teri Lynn DenningsWARNING

Motions filed on the day of trial will not be entertained absent good cause.

Motions on the day of trial will not be entertained except for good cause shown.

Judge Tracey A. YokichWARNING

Deposition objections filed on the day of trial will not be entertained absent good cause.

Objections to depositions filed on the day of trial will not be entertained except for good cause shown.

Judge Tracey A. YokichWARNING

The Clerk must process electronic submissions in first-in, first-out order.

The clerk shall process electronic submissions on a first-in, first-out basis.

Court-level rulesINFOOfficial source
Common questions about Sixteenth Judicial Circuit Court of Michigan, Macomb County filing timing and cure windows rules

When is a filing treated as filed in Sixteenth Judicial Circuit Court of Michigan, Macomb County?

The rule states a noon filing cutoff. A responsive pleading must be filed by noon on the Thursday before the motion, and late filings may be disregarded.

View ruleSource: page 1, section MOTION PRACTICE

When is a filing treated as filed in Sixteenth Judicial Circuit Court of Michigan, Macomb County?

The rule uses a 4:30 p.m. cutoff and treats filing as next court day after cutoff. An electronic filing submitted after the Clerk's 4:30 p.m. cutoff is deemed filed the next business day.

View ruleSource: page 4, section 4. E-filings Submission, Acceptance, and Time of Service with the Court; Signature

When is a filing treated as filed in Sixteenth Judicial Circuit Court of Michigan, Macomb County?

The rule addresses filing timing, filing status, or cure windows. 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.

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

When is a filing treated as filed in Sixteenth Judicial Circuit Court of Michigan, Macomb County?

The rule addresses filing timing, filing status, or cure windows. Deposition objections with supporting law and argument must be submitted at least 14 days before trial, with responses due seven days before trial.

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

When is a filing treated as filed in Sixteenth Judicial Circuit Court of Michigan, Macomb County?

The rule addresses filing timing, filing status, or cure windows. 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.

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

When is a filing treated as filed in Sixteenth Judicial Circuit Court of Michigan, Macomb County?

The rule addresses filing timing, filing status, or cure windows. Summary disposition motions must be filed and heard by the date stated in the order.

View ruleSource: page 1, section Summary Disposition Motions