Court Rules

Court-wide rules

Applies court-wide

These 56 rules apply across Sixth Judicial Circuit Court of Michigan, Oakland County. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

E-Filing

All 11
  • MiFILE permits electronic filing for all Circuit Court case types except NC and EM, and strongly encourages e-filing.

  • An FY or FX case must be changed by court order to a valid FC, FH, or FJ case code before using the stated e-filing process.

  • Electronic filing is mandatory for civil cases, both for initiating a new case and filing in an existing case.

Filing Requirements

All 10
  • Applies to
    Document
    Must include
    caption, case number

    The first page must identify the case number, parties, and document title, and any instructions appearing on that page must be removed before MiFILE submission.

  • Applies to
    Judgment of divorce

    The Record of Divorce or Annulment form must be filed before or together with the Judgment of Divorce.

  • Applies to
    Pleading document

    Every pleading or document must bear a wet or scanned ink signature or an electronic signature formatted as “/s/” followed by the filer’s name.

Bundling

All 9
  • Each distinct pleading or document must be saved and uploaded separately rather than combined into one PDF.

  • Distinct documents cannot be combined and filed in a single electronic file.

  • Pages belonging to one document and any attachments to that document must be combined before MiFILE submission rather than uploaded separately.

Formatting

All 7
  • Format
    PDF

    Documents and images should be converted to PDF, scanned at 8.5 by 11 inches, and scanned at about 200 dpi whenever possible.

  • Format
    PDF

    Do not upload smartphone images directly to MiFILE; convert or scan them into a properly sized PDF first.

  • To merge documents, upload all pages, then drag the document to be merged onto the lead document; the combined document will be submitted to the court as one document.

About Judge Daniel P. O'Brien

Elected to the Sixth Judicial Circuit Court on November 5, 2002. Re-elected by voters in November 2010 and November of 2016 Graduate of University of Detroit School of Law (Juris Doctor Degree) and University of Detroit Business School (Bachelor of Science Degree) Private practice attorney, 1998-2002 Assistant Municipal Attorney and Assistant City Attorney for various communities in Oakland County, 1998-2002 Assistant Prosecuting Attorney for Oakland County, 1995-1996 Member: State Bar of Michigan, Ancient Order of Hibernians Former Adjunct Professor – Oakland Community College Former Gianna House, Advisory Former Member, Royal Oak Zoning Board of Appeals; Circuit Court Criminal Assignment Committee; Bench Liaison to the OCBA Circuit Court Committee; Thomas M. Cooley Law School’s Professionalism Advisory Committee; South Oakland County Bar Association; Catholic Lawyers Formerly appointed by the Troy City Council to the Member-Advisory Committee for the Troy Daze Festival Oakland Community College’s Outstanding Alumnus 2010

Circuit Court Judge, Civil Criminal Div In person courtroom: 2H Courtroom 2H, Second Floor 248-858-7960 Chambers: 248-858-7960 DPOChambers@oaklandcountymi.gov

Common questions about Judge Daniel P. O'Brien's rules

Are courtesy copies required for Judge Daniel P. O'Brien?

Details: delivery upon filing, by chambers drop off. Judge’s copies must be submitted to chambers.

View ruleSource: page 1, section Protocol

Does Judge Daniel P. O'Brien require a pre-motion conference or letter before filing a motion?

Judge Daniel P. O'Brien's rules set a pre-motion procedure for covered motions. After a timely motion for summary disposition is filed, the court will issue a schedule setting the response, optional reply, and hearing dates.

View ruleSource: page 1, section Protocol

What formatting rules apply to filings before Judge Daniel P. O'Brien?

Judge Daniel P. O'Brien's formatting rule includes binding tabbed 3-ring, each tab must include a motion and the corresponding response., and separate binders from the two sides may not be used.. Each tab must pair a motion in limine with its corresponding response rather than using separate binders for each side.

View ruleSource: page 2, section Motions in Limine

What must be included with motion filings before Judge Daniel P. O'Brien?

The rule identifies required filing content or certificates. To schedule a motion, file a praecipe for an available motion-call date and comply with court-rule notice requirements.

View ruleSource: page 1, section Protocol

How may parties contact Judge Daniel P. O'Brien's chambers?

Motion call is held every Wednesday beginning at 8:30 a.m.

View ruleSource: page 1, section Protocol

Does Judge Daniel P. O'Brien require motion papers to be bundled?

Yes. Judge Daniel P. O'Brien requires bundling for covered papers. For three or more motions in limine, each binder tab must contain a motion and its corresponding response; the parties must not submit separate binders.

View ruleSource: page 1, section Protocol
Complete rules summary for Judge Daniel P. O'Brien

Judge’s copies are not required for non-dispositive motions.

Judge’s copies must be submitted to chambers.

When three or more motions in limine are filed, the parties must submit a tabbed binder containing judge’s copies of the motions and corresponding responses.

For three or more motions in limine, each binder tab must contain a motion and its corresponding response; the parties must not submit separate binders.

The binder must reach chambers by noon on the Monday before the motions hearing.

Motion call is held every Wednesday beginning at 8:30 a.m.

Motion call is conducted remotely by Zoom unless otherwise requested.

To schedule a motion, file a praecipe for an available motion-call date and comply with court-rule notice requirements.

After a timely motion for summary disposition is filed, the court will issue a schedule setting the response, optional reply, and hearing dates.

Email chambers for assistance with Zoom connection issues.

Requests for an in-person hearing should be directed to chambers by email.

Email chambers for assistance with Zoom connection issues.

Requests to have a matter heard in person must be emailed to chambers.

Judge’s copies are not required for non-dispositive motions.

Judge’s copies must be submitted to chambers for a motion for summary disposition.

After three or more motions in limine are filed, the parties must submit a tabbed binder containing the judge’s copies of the motions and responses.

Each tab must pair a motion in limine with its corresponding response rather than using separate binders for each side.

The motions-in-limine binder must reach chambers by noon on the Monday before the scheduled hearing.

Other inquiries may be submitted by telephone or email to chambers.

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