Judge Jacob James Cunningham
Individual Rules, Standing Orders & Policies
Limits & Logistics
Courtesy Copies
Courtesy copies
Adjournments
- To adjourn case evaluation, parties must contact Case Management by email and submit a stipulated order, but the case evaluation requirement remains in place.
- The first civil scheduling-order adjournment may be made by stipulation and order for no more than 60 days and must state both the old and new dates.
- A second or later civil scheduling-order adjournment must be requested by motion.
- +1 more
Request must include
Communication
Clerk
Phone
Clerk
Phone
Court-wideDocument Filing Requirements2 rules
A praecipe is required for a motion to be addressed by the court.
d. Praecipes are required for motions to be addressed by the court.
Document Type
Motion
A stipulated order is required for a criminal pretrial or sentencing adjournment.
c. CRIMINIAL ADJOURNMENTS: stipulated orders are required for pretrial and sentencing adjournments.
Document Type
Stipulated Order
Filing & Service rules
Electronic Filing Rules
All motions in all cases must be filed electronically.
c. All cases are now e-file. Accordingly, all motions must be e-filed.
Page 3 | MOTIONS
The stipulated order must be electronically filed and Lena Essak must be notified.
Please e-file the stipulated order AND notify Lena Essak.
Page 5 | 8. CRIMINAL MATTERS
Emergency motions may be filed electronically, and movants seeking emergency or ex parte relief should contact chambers staff before filing.
c. Emergency Motions can be e-filed. Movants seeking emergency or ex parte relief should contact chambers staff prior to filing to ensure court
Page 4 | EMERGENCY MOTIONS
Filing Timing and Cure Windows
When Monday is a court holiday, a motion response must be submitted to the court on Friday by 4:30 p.m.
If Monday is a court holiday, responses must be submitted to the court on Friday by 4:30 p.m.
Page 3 | MOTIONS
A response to a motion must be received by Monday at noon during the week of the motion hearing for the court to consider it.
f. If a response to a motion is not received by Monday at noon the week of the motion hearing, it will not be considered by the Court.
Page 3 | MOTIONS
The court states that it will issue a ruling within 24 hours after an emergency motion is filed.
There is a 24 hour turn around time from when the emergency motion is filed to when the Court will issue its ruling.
Page 4 | EMERGENCY MOTIONS
Service and Proof of Service Rules
Parties not connected to the e-file system must timely file a separate proof of service or the motion may be dismissed for improper service.
If parties are not connected to the e-file system, a separate proof of service must be timely filed, or the motion will be dismissed for improper service.
Page 3 | MOTIONS
Courtesy Copy Requirements
A party seeking emergency relief must follow the stated court procedures and email a copy of the emergency motion to chambers staff; the court has a 24-hour turnaround for a ruling after filing.
a. Parties seeking emergency relief shall follow the appropriate procedures on the Oakland County Circuit Court COVID-19 Court Information website (https://www.oakgov.co/courts/circuit/resources/Pages/COVID-19Court- Info.aspx). A copy of the Emergency Motion MUST be emailed to Chambers staff. There is a 24 hour turn around time from when the emergency motion is filed to when the Court will issue its ruling.
Page 4 | EMERGENCY MOTIONS
Judge's copies must be provided to chambers as detailed in the scheduling order for a summary disposition motion.
e. Judge’s copies need be provided to chambers as detailed in the summary disposition scheduling order.
Page 4 | MOTIONS FOR SUMMARY DISPOSITION
Pre-Motion Conference Requirements
A motion for summary disposition must be scheduled with the Judicial Staff Attorney directly before filing.
m. MOTIONS FOR SUMMARY DISPOSITION: All Motions for Summary Disposition must be scheduled with the Judicial Staff Attorney directly prior to filing.
Page 3 | MOTIONS FOR SUMMARY DISPOSITION
Before filing a motion for summary disposition, counsel must email the staff attorney and include the case name and number in the subject line.
a. Prior to filing your motion for summary disposition, please email the staff attorney Xavier Donajkowski (donajkowskix@oakgov.com) and include the case name and number in the subject line.
Page 4 | MOTIONS FOR SUMMARY DISPOSITION
Filed motions for reconsideration must be brought to the staff attorney's attention, do not require oral argument, and will be ruled on when the court is available.
l. MOTIONS FOR RECONSIDERATION: Motions for Reconsideration that are filed must be brought to the attention of the staff attorney. Motions for Reconsideration do not require oral argument. A ruling will be issued when the Court is available.
Page 3 | MOTIONS FOR RECONSIDERATION
Adjournment & Extension Requirements
To adjourn case evaluation, parties must contact Case Management by email and submit a stipulated order, but the case evaluation requirement remains in place.
If the parties wish to adjourn case evaluation, contact Case Management at cmo@oakgov.com, AND submit a stipulated order adjourning case evaluation. The Court retains its case evaluation requirement.
Page 2 | 3. SCHEDULING/STATUS CONFERENCES
The first civil scheduling-order adjournment may be made by stipulation and order for no more than 60 days and must state both the old and new dates.
CIVIL ADJOURNMENTS: First adjournment of the initial scheduling order may be made by stipulation and order for a maximum of sixty (60) days. Both old dates and new dates MUST be included.
Page 2 | 4. ADJOURNMENTS
A second or later civil scheduling-order adjournment must be requested by motion.
Second adjournments, and any subsequent adjournment, must be requested by motion.
Page 2 | 4. ADJOURNMENTS
Stipulated orders are required for criminal pretrial and sentencing adjournments.
c. CRIMINIAL ADJOURNMENTS: stipulated orders are required for pretrial and sentencing adjournments.
Page 5 | 8. CRIMINAL MATTERS
Chambers Communication Rules
Ex parte communications with the Court are inappropriate, and all parties must be included in written communications with Chambers staff.
Correspondence with the Court: Ex parte communication with the Court is inappropriate. All parties to a case must be included on all written communications with Chambers staff.
Page 1 | PROTOCOLS
Case Management may be contacted by email at cmo@oakgov.com when requesting an adjournment of case evaluation.
If the parties wish to adjourn case evaluation, contact Case Management at cmo@oakgov.com, AND submit a stipulated order adjourning case evaluation.
Page 2 | 3. SCHEDULING/STATUS CONFERENCES
Parties should contact the e-filing clerk by phone at 248-858-0582 or by email at efiling@oakgov.com for e-filing system questions or failure to receive notices, orders, or other case documents.
j. It is your responsibility to ensure you are attached to the e-filing system. If you have questions about how to attach yourself to the e-filing system, or are not receiving notices, Orders, or other documents pertaining to your case, please contact the e-filing clerk at 248-858-0582 or efiling@oakgov.com.
Page 3 | MOTIONS
Parties must review the e-filed Zoom hearing notice and notify chambers by email if the motion is resolved or should be removed from the Motion Call Docket.
i. A notice re: Zoom hearing will be e-filed by the Court with a specific time for your motion hearing. It is your responsibility to review this information upon receipt through the e-file system. If your motion is resolved or you wish to remove your motion from the Motion Call Docket, the parties must notify Chambers staff via email.
Page 3 | MOTIONS
A party must notify court staff by email to remove its motion from the docket.
g. If you wish to remove your motion from the docket, please notify Court staff via email.
Page 3 | MOTIONS