Sixth Judicial Circuit Court of Michigan, Oakland County Document Filing Requirements

Applies to

Consent judgment

Must include

local rule certificate

A confidential settlement agreement referenced by a judgment must be emailed to the judge for review.

If the Judgment references a Confidential Settlement Agreement, the agreement must be submitted to the judge for her review via email to sheltonchambers@oakgov.com.

Applies to

Consent judgment

A completed Uniform Child Support Order (FOC 10) must accompany the judgment in any case involving children.

You must submit a completed Uniform Child Support Order (FOC 10) for any case involving children at the time you submit the judgment.

Applies to

Uniform child support order

A Deviation Addendum (FOC 10d) must accompany the Uniform Child Support Order when the child support formula is not followed in any way.

A Deviation Addendum (FOC 10d) must be attached to the Uniform Child Support Order if you are not following the child support formula calculations in any way.

Applies to

Uniform child support order

A child support calculations page must be attached to the Uniform Child Support Order.

Additionally, you MUST attach a child support calculations page to the Uniform Child Support Order.

Applies to

Consent judgment

A Record of Divorce must be e-filed with the proposed Consent Judgment.

You must efile a Record of Divorce with your proposed Consent Judgment.

Applies to

Default judgment

Must include

local rule certificate

Before presenting a default judgment, the party must obtain a default against the non-moving party from the County Clerk.

A party must file and obtain a default against the non- moving party from the County Clerk before presenting a default judgment to the court.

Applies to

Default judgment

A default judgment request must use the court’s Default Request and Entry form (MC 07).

This Court requires you to use the Default Request and Entry form (MC 07) available online through the State Court Administrative Office.

Applies to

Proposed default judgment

Must include

proposed order

The proposed default judgment must include a Record of Divorce.

You must efile a Record of Divorce with your proposed Default Judgment.

Applies to

Uniform child support order

A Deviation Addendum must accompany the Uniform Child Support Order whenever the child-support formula is not followed in any way.

If you are not following the child support formula calculations in any way, a Deviation Addendum (FOC 10d) must be attached to the Uniform Child Support Order.

Applies to

Trial brief and binder

Trial briefs and binders must be submitted according to the court’s Trial/Evidentiary Scheduling Order.

Trial briefs and binders shall be submitted to the Court in compliance with its Trial/Evidentiary Scheduling Order.

Applies to

Praecipe

A timely praecipe is required for the court to address a motion, and a late praecipe will not be heard.

Praecipes are required for motions to be addressed by the Court and they MUST be filed timely. Praecipes filed late will NOT be heard.

Applies to

Uniform child support order

A consent judgment involving children must include a completed FOC 10, a child-support calculations page, and an FOC 10d deviation addendum when the formula is not followed in any way.

You must submit a completed Uniform Child Support Order (FOC 10) for any case involving children at the time you submit the judgment. A Deviation Addendum (FOC 10d) must be attached to the Uniform Child Support Order if you are not following the child support formula calculations in any way. Additionally, you MUST attach a child support calculations page to the Uniform Child Support Order.

Applies to

Proposed consent judgment

A Record of Divorce must be electronically filed with every proposed consent judgment.

You must efile a Record of Divorce with your proposed Consent Judgment.

Applies to

Default request and entry form

A request for default judgment must use the online MC 07 Default Request and Entry form.

This Court requires you to use the Default Request and Entry form (MC 07) available online through the State Court Administrative Office.

Applies to

Proposed default judgment

A Record of Divorce must be electronically filed with every proposed default judgment.

You must efile a Record of Divorce with your proposed Default Judgment.

Applies to

Uniform child support order

A default judgment involving children must include a completed FOC 10, a child-support calculations page, and an FOC 10d deviation addendum when the formula is not followed in any way.

Cases with Minor Children—You must submit a completed Uniform Child Support Order (FOC 10) for any case involving children at the time you submit the judgment. Additionally, you MUST attach a child support calculations page to the Uniform Child Support Order. If you are not following the child support formula calculations in any way, a Deviation Addendum (FOC 10d) must be attached to the Uniform Child Support Order.

Applies to

Trial brief and binder

Trial briefs and binders must be submitted according to the court's Trial/Evidentiary Scheduling Order.

Trial briefs and binders shall be submitted to the Court in compliance with its Trial/Evidentiary Scheduling Order.

Applies to

Praecipe

A timely praecipe is required for the court to address a motion, and late praecipes will not be heard.

Praecipes are required for motions to be addressed by the Court and they MUST be filed timely. Praecipes filed late will NOT be heard.

Applies to

Caption

When an opposing party is not connected to e-filing, the party's email address must appear in the caption so the court can send the Zoom appearance notice and login information.

If the opposing party is not connected to the e-file system, an email address must be provided in the caption, so the opposing party receives the notice to appear via Zoom from the Court along with the log-in information.

Applies to

Response

Parties must file responses to all contested motions, and failure to respond may lead the Court to dispense with oral argument.

The Court requires parties to file responses to all contested motions. Failure to file a response may result in the Court dispensing with oral argument. MCR 2.119(E)(3).

Applies to

Motion

Each defendant requires a separate motion.

A separate motion for each defendant must be filed.

Applies to

Exhibits

The parties must mark and agree to all exhibits before trial begins.

All exhibits must be marked and agreed to by the parties prior to the start of trial.

Applies to

Bench book of exhibits

A bench book containing the exhibits is required for every trial.

The Court requires a bench book of exhibits for all trials.

Applies to

Proposed findings conclusions

Proposed findings are required for bench trials.

The Court requires proposed findings in bench trials.

Applies to

Jury instructions

Preliminary jury instructions must be submitted on plain paper without case-law citations no later than one week before trial.

Preliminary jury instructions must be submitted to the Court on plain paper, without citation to case law, no later than one week prior to the scheduled date of trial.

Applies to

Dispositive order

A settled civil case requires a dispositive order to be filed before the trial date.

If a civil case is settled prior to trial, an order disposing of the case must be filed prior to the trial date.

Applies to

Response

Parties must respond to every contested motion, and failure to respond may result in dispensing with oral argument.

The Court requires parties to file responses to all contested motions. Failure to file a response may result in the Court dispensing with oral argument. MCR 2.119(E)(3).

Applies to

Motion to exceed page limit

A party seeking to exceed the applicable page limit must file a separate motion.

A separate motion must be filed to exceed page limit (see MCR 2.119(A)(2)).

Applies to

Process server affidavit

Must include

certificate of service

A motion for alternate service must include a process-server affidavit detailing at least three personal-service attempts varied in time and day of the week.

A process server Affidavit indicating the specific attempts at personal service (minimum of three attempts, varied in time and day of week) is required.

Applies to

Motion for second summons

A separate motion for a second summons must be filed for each defendant.

A separate motion for each defendant must be filed.

Applies to

Bench book

A bench book containing the trial exhibits is required for every trial.

The Court requires a bench book of exhibits for all trials.

Applies to

Proposed findings conclusions

Proposed findings are required in bench trials.

The Court requires proposed findings in bench trials.

Applies to

Preliminary jury instructions

Preliminary jury instructions are mandatory and must be submitted by plain paper, without case-law citations, no later than one week before trial.

Preliminary jury instructions must be submitted to the Court on plain paper, without citation to case law, no later than one week prior to the scheduled date of trial.

Applies to

Disposition order

A settled civil case requires an order disposing of the case to be filed before the trial date.

If a civil case is settled prior to trial, an order disposing of the case must be filed prior to the trial date.

Applies to

Emergency motion

A written emergency motion must state good cause.

For an “emergency motion” to be considered, a written motion setting forth “good cause” must be eFiled.

Applies to

Proposed motions in limine

Each party must electronically file proposed motions in limine at least seven days before the final pretrial or settlement conference.

At least seven days prior to the Court’s scheduled final pretrial and/or settlement conference each party to the Case must eFile a list of proposed motions in limine and proposed jury instructions.

Applies to

Jury instructions

The parties must file joint proposed jury instructions, requested special instructions, and any objections to the requested instructions.

Further, the parties must file joint proposed jury instructions, any special instructions being requested and any objections to the requested instructions.

Applies to

Notice of hearing and praecipe

Parties must file a notice of hearing and praecipe for a chosen Wednesday and indicate that the motion will be heard via Zoom at 9:00 a.m.

Parties must file a notice of hearing and praecipe for the Wednesday of their choice and indicate the motion is to be heard via Zoom at 9:00 a.m.

Applies to

Motion

Must include

notice of hearing

A motion must be accompanied by a notice of hearing and praecipe selecting a Wednesday and stating that the Zoom hearing is at 9:00 a.m.

Parties must file a notice of hearing and praecipe for the Wednesday of their choice and indicate the motion is to be heard via Zoom at 9:00 a.m.

Applies to

Motion

Must include

caption

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.

Applies to

Stipulated order

A stipulated order is required for a criminal pretrial or sentencing adjournment.

c. CRIMINIAL ADJOURNMENTS: stipulated orders are required for pretrial and sentencing adjournments.

Applies to

Summary disposition notice of hearing

A summary-disposition motion's notice of hearing must state that the date and time will be determined by the Court.

When filing a motion for summary disposition, the notice of hearing shall provide “a date and time to be determined by the Court.”

Applies to

Emergency motion

An emergency-hearing request may be submitted at any time, but consideration requires a written motion explaining the request; oral requests will not be considered.

A request for an emergency hearing may be submitted anytime. To be considered, a written motion explaining the request must be submitted to the Court. Oral requests for an emergency motion will not be considered.

Applies to

Proposed order

An alternate-service proposed order must be accompanied by a verified motion and brief with supporting authority, address and postal verification, and a process-server affidavit documenting at least three properly timed attempts or explaining why one cannot be provided.

Proposed orders must be accompanied by a verified motion & brief with supporting authority, proof of certified address, postal verification, affidavit of process server (or reason why one cannot be given) showing at least 3 attempts (service on individuals, these 3 attempts must be during times which a working individual would reasonably be expected to be at home).

Applies to

Proposed order

An extended or second-summons proposed order must be accompanied by supporting authority, the summons expiration date, a verified motion and brief, postal and certified-address verification, and a process-server affidavit documenting at least three properly timed attempts or explaining why one cannot be provided.

Proposed orders must be accompanied by supporting authority, summons expiration date, verified motion & brief, postal verification, proof of certified address, affidavit of process server (or reason why one cannot be given) showing at least 3 attempts (service on individuals, these 3 attempts must be during times which a working individual would reasonably be expected to be at home).

Applies to

Exhibits

Civil parties must exchange and stipulate to exhibits before trial, counsel must mark exhibits, and a complete set must be submitted on the first trial day; plaintiffs use numbers and defendants use letters.

The parties are required to exchange and stipulate to exhibits in advance of trial. Exhibits must be marked by counsel prior to trial and a complete set must be submitted to the Court on the first day of trial. Plaintiff/Petitioner is to mark its exhibits with numbers. Defendant/Respondent is to mark its exhibits with letters.

Applies to

Jury instructions

Jury instructions must not cite authority or identify the party proposing each instruction.

Jury instructions are to be submitted without citation of authority or identification of the proponent

Applies to

Notice of hearing

A notice of hearing for a summary-disposition motion must state “a date and time to be determined by the Court.”

Dispositive Motions: When filing a motion for summary disposition, the notice of hearing shall provide “a date and time to be determined by the Court.”

Applies to

Praecipe

After the court issues the dispositive-motion scheduling order, the moving party must file a praecipe for the assigned date.

Upon filing, the Court will issue a scheduling order (providing briefing deadlines and a hearing date), to schedule your dispositive motion. The moving party must file a praecipe for the assigned date.

Applies to

Emergency motion

An emergency-hearing request may be submitted at any time, but consideration requires a written motion explaining the request; an oral request will not be considered.

A request for an emergency hearing may be submitted anytime. To be considered, a written motion explaining the request must be submitted to the Court. Oral requests for an emergency motion will not be considered.

Applies to

Adjournment request

Every criminal-case adjournment request must be submitted as a stipulated order.

All adjournment requests must be submitted by stipulated order.

Applies to

Praecipe

The party filing a motion must provide notice and a praecipe for it.

Please notice and praecipe your motion(s).

Applies to

Alternate service motion

Must include

proposed order

An alternate-service filing must include a proposed order, verified motion and brief with supporting authority, proof of certified address, postal verification, and a process-server affidavit or explanation showing at least three attempts at times a working individual would reasonably be home.

Proposed orders must be accompanied by a verified motion & brief with supporting authority, proof of certified address, postal verification, affidavit of process server (or reason why one cannot be given) showing at least 3 attempts (service on individuals, these 3 attempts must be during times which a working individual would reasonably be expected to be at home).

Applies to

Extended summons motion

Must include

proposed order

The visible text requires a proposed order, supporting authority, summons expiration date, verified motion and brief, postal verification, certified-address proof, and process-server affidavit or explanation showing at least three individual-service attempts; the source is truncated mid-sentence.

Proposed orders must be accompanied by supporting authority, summons expiration date, verified motion & brief, postal verification, proof of certified address, affidavit of process server (or reason why one cannot be given) showing at least 3 attempts (service on individuals, these 3

Applies to

Jury instructions

Proposed jury instructions may not cite authority or identify the party proposing them.

Jury instructions are to be submitted without citation of authority or identification of the proponent (please reference the Pretrial Order).

Applies to

Consent judgment

All parties must sign the final consent-judgment documents.

On consent judgments, all parties must sign the final documents.

Applies to

Stipulation

A withdrawal-or-substitution stipulation generally must be signed by all parties, including the withdrawing counsel's client and the opposing parties.

When filing a withdrawal or substitution of counsel, all parties must sign the stipulation including withdrawing counsel’s client and opposing party/parties.

Applies to

Stipulation

When the opposing party has counsel, only counsel must sign the stipulation.

If the opposing party is represented by counsel, only counsel’s signature is needed on the stipulation.

Applies to

Proposed order

Must include

proposed order

When court staff will not prepare the order, counsel or litigants must submit a legible order for review and entry.

the Court indicates the court staff will be preparing the order, counsel and/or the litigants are expected to submit a legible order for the Court’s review and entry.

Applies to

Reply

Answers or replies to responses require chambers approval before filing.

Answers/Replies to Responses must be approved for filing by chambers pursuant to MCR 2.119(2)(b).

Applies to

Motion for order of reference to foc

A reference to Friend of the Court cannot be made by stipulation; the parties must file a motion and notice it for hearing on motion call.

Orders of Reference to Friend of the Court will not be accepted by stipulation; the parties must file a motion and notice it for hearing on motion call.

Applies to

Motion to request evidentiary hearing

A party with an issue involving a factual dispute must file a motion requesting an evidentiary hearing before the judge.

If you have an issue that involves a factual dispute, you must file a motion to request an evidentiary hearing before the Judge.

Applies to

Default judgment

Must include

proposed order

Every motion for entry of a default judgment must include an attached copy of the proposed judgment and any applicable support orders.

All motions for entry of default judgments MUST include an attached copy of the proposed judgment (and support orders, if applicable).

Applies to

Ex parte order

Ex parte orders must include the statutorily specified notice, which informs the other party of the 14-day deadline to object or seek modification or rescission.

All Ex Parte Orders must have the required affidavit and/or verification as required by the court rules and must include the following notice, pursuant to MCR 3.207(B)(6): “This Order will automatically become a temporary order if the other party does not file a written objection or motion to modify or rescind the ex parte order and a request for a hearing. The written objection or motion and the request for a hearing must be filed with the clerk of the court, and a true copy provided to the friend of the court and the other party, within 14 days after the order is served.”

Applies to

Default judgment

Must include

proposed order

Every motion for entry of a default judgment must include the proposed judgment and any applicable supporting orders.

All motions for entry of default judgments MUST include an attached copy of the proposed judgment (and support orders, if applicable).

Applies to

Judgment

Every judgment involving minor children must include a Uniform Child Support Order, including a zero-sum deviation.

All judgments involving minor children must be accompanied by a Uniform Child Support Order, even if the parties are seeking to deviate to a zero sum.

Applies to

Judgment

Every deviation from child support must be accompanied by the Deviation Addendum.

All deviations in child support must be accompanied by the Deviation Addendum.

Applies to

Ex parte order

Every ex parte order must include the required affidavit or verification and the quoted MCR 3.207(B)(6) notice concerning objections and requests for a hearing.

All Ex Parte Orders must have the required affidavit and/or verification as required by the court rules and must include the following notice, pursuant to MCR 3.207(B)(6): “This Order will automatically become a temporary order if the other party does not file a written objection or motion to modify or rescind the ex parte order and a request for a hearing. The written objection or motion and the request for a hearing must be filed with the clerk of the court, and a true copy provided to the friend of the court and the other party, within 14 days after the order is served.”

Applies to

Order

Every order must be signed by the person who prepared it.

All orders must be signed by the person that prepared them.

Applies to

Order

An order not entered under the seven-day rule or within 24 hours after the hearing must be accompanied by a motion to enter the order.

Orders not entered under the 7-day rule or within 24 hours of the hearing must be accompanied by a motion to enter the order.

Applies to

Default judgment

A motion for entry of a default judgment of divorce must identify the filing, service, default-entry, default-judgment, proposed-judgment, notice-of-hearing, and motion-filing and service dates.

When filing a motion for entry of Default Judgment of Divorce, please indicate the date the complaint was filed; date the defendant was served and method of service; date the default ===== PAGE 4 ===== entry was filed; date the default was entered; date the proposed judgment, notice of hearing and motion for entry of default judgment was filed and served on the Defendant.

Applies to

Judgment of divorce

A divorce judgment must include all applicable statutory language.

Please make sure all the statutory language is in your judgment.

Applies to

Judgment of divorce

A consent-based divorce judgment requires the signatures of both parties.

If the Judgment is entered based on consent, you need the signature of both parties.

Applies to

Opt out order

A party opting out of Friend of the Court Services must obtain an opt-out order.

Parties that opt out need an opt out order.

Applies to

Advice of rights

Every opt-out case requires a signed advice of rights.

All opt out cases need a signed advice of rights.

Applies to

Uniform child support order

Every Uniform Child Support Order must be accompanied by the child-support calculation.

All Uniform Child Support Orders must be accompanied by the child support calculation.

Applies to

Uniform child support order

When the parties deviate from the child-support guidelines, the deviation addendum must be provided with the calculations.

If the parties are deviating, please provide the deviation addendum with the calculations.

Applies to

Motion

Must include

certificate of conference

A motion without seven-day notice must include certification of personal contact requesting concurrence and stating that concurrence was denied.

The moving party shall include the following: I hereby certify that I have made personal contact with on , 2020 requesting concurrence in the relief sought with this Motion and such concurrence was denied.

Applies to

Motion

Must include

certificate of conference

The moving party must certify that they personally contacted someone on a specified date in 2020 to request concurrence in the motion’s relief and that concurrence was denied.

I hereby certify that I have made personal contact with on , 2020 requesting concurrence in the relief sought with this Motion and such concurrence was denied.

Applies to

Motion

Must include

certificate of conference

As an alternative to personal contact, the moving party must certify reasonable and diligent attempts by email or telephone to obtain concurrence and state that the attempts were unsuccessful.

I hereby certify that I have made reasonable and diligent attempts by email or by telephone to the opposing side requesting concurrence in the relief sought with this Motion on , 2020 but was unsuccessful.

Applies to

Motion

Must include

local rule certificate

A motion must include the case name, case number, and motion title in the email subject line, copy the opposing party unless filed ex parte, and include the moving party’s applicable certification.

The motion must include the following: o The case name, case number, and motion title in the subject line of the email; o The opposing party must be cc’d (unless the motion is being filed ex- parte); o The moving party’s certification for a Motion without a 7-Day Notice

Applies to

Motion

The court will not consider a motion that omits the required filing information.

If the moving party fails to include the information outlined above, the motion will not be considered by the court.

Applies to

Plea form

Plea forms must be completed in advance and emailed to chambers before the hearing.

Plea forms need to be completed in advance and submitted to judgegantchambers@oakgov.com prior to the hearing.

Applies to

Motion

A juvenile-matter motion must be filed with a praecipe and notice of hearing to the juvenile legal email address.

Motions regarding juvenile matter shall be filed, along with a praecipe and notice of hearing, to juvenilelegal@oakgov.com.

Applies to

Motion

The required motion filing packet consists of an E-Praecipe, Notice of Hearing, and Motion.

Please file an E-Praecipe, Notice of Hearing, and Motion with the Court via E-File or, by First Class Mail.

Applies to

Motion

Must include

caption, case number, local rule certificate

A motion email must identify the case name, case number, and motion title in its subject line, copy the opposing party unless filing ex parte, and include the moving party's applicable seven-day-notice certification.

The motion must include the following: o The case name, case number, and motion title in the subject line of the email; o The opposing party must be cc’d (unless the motion is being filed ex- parte); o The moving party’s certification for a Motion without a 7-Day Notice or with a 7-Day Notice.

Applies to

Motion

Must include

caption, case number, local rule certificate

The court will not consider a motion that omits the required motion information.

If the moving party fails to include the information outlined above, the motion will not be considered by the court.

Applies to

Default judgment

A motion for entry of a default divorce judgment must state specified filing, service, default-entry, default-judgment, proposed-judgment, and notice dates, including the method of service.

When filing a motion for entry of Default Judgment of Divorce, please indicate the date the complaint was filed; date the defendant was served and method of service; date the default ===== PAGE 4 ===== entry was filed; date the default was entered; date the proposed judgment, notice of hearing and motion for entry of default judgment was filed and served on the Defendant.

Applies to

Order objection

An objection to an order entered under the seven-day rule must request a hearing.

Objections to orders entered under the 7-day rule must be praeciped for hearing.

Applies to

QDROS

A QDROS lacking both parties' signatures may be entered only through a motion.

QDROS not signed by both parties will only be entered by motion.

Applies to

Order

Every order must be signed by the person who prepared it.

All orders must be signed by the person that prepared them.

Applies to

Order

An order not entered under the seven-day rule or within 24 hours after the hearing must be accompanied by a motion to enter the order.

Orders not entered under the 7-day rule or within 24 hours of the hearing must be accompanied by a motion to enter the order.

Applies to

Judgment of divorce

A divorce judgment must include all applicable statutory language.

Please make sure all the statutory language is in your judgment.

Applies to

Judgment of divorce

A consent-based divorce judgment requires both parties' signatures.

If the Judgment is entered based on consent, you need the signature of both parties.

Applies to

Friend of court opt out

A request to opt out of Friend of the Court services requires an opt-out order and a signed advice of rights.

Parties that opt out need an opt out order. o All opt out cases need a signed advice of rights.

Applies to

Uniform child support order

The appropriate Uniform Child Support Order form must be used for the case's facts; a Friend of the Court opt-out request must use form FOC10a.

Please use the appropriate UCSO on SCAO for the facts of your case. For example, if you are opting out of the Friend of the Court Services, please use the FOC10a form.

Applies to

Uniform child support order

Every Uniform Child Support Order must be accompanied by the child-support calculation.

All Uniform Child Support Orders must be accompanied by the child support calculation.

Applies to

Child support calculation

The child-support prognosticator must use the most recent child-support formula.

Make sure your prognosticator is configured to the most recent child support formula.

Applies to

Uniform child support order

When the parties deviate from the child-support guideline calculation, the deviation addendum and calculations must be provided.

If the parties are deviating, please provide the deviation addendum with the calculations.

Applies to

Deviation addendum

A deviation from the child-support calculation must use the deviation factors appropriate to the reason for the deviation.

If you are deviating, please use the deviation factors that is appropriate for the reason.

Applies to

Child support calculation

The child-support calculation must address whether childcare is appropriate, and a dispute over that issue requires a hearing.

Please make sure childcare is appropriate in the calculation. If there is a dispute on if childcare is appropriate, the matter needs a hearing.

Applies to

Motion

Must include

certificate of conference

For a motion heard without seven days' notice, the moving party must include a certification of personal contact and denied concurrence, the parties' agreement to an earliest-possible Zoom hearing, and their hearing availability.

The moving party shall include the following: I hereby certify that I have made personal contact with on , 2020 requesting concurrence in the relief sought with this Motion and such concurrence was denied. The parties agree to proceed with a Zoom hearing on the earliest possible date. The party(ies) are available on to conduct a hearing.

Applies to

Motion

Must include

certificate of conference

For a motion with seven days' notice, the moving party must include either a certification that personal contact seeking concurrence was denied or a certification that reasonable and diligent efforts by email or telephone seeking concurrence were unsuccessful.

The moving party shall include the following: I hereby certify that I have made personal contact with on , 2020 requesting concurrence in the relief sought with this Motion and such concurrence was denied. OR I hereby certify that I have made reasonable and diligent attempts by email or by telephone to the opposing side requesting concurrence in the relief sought with this Motion on , 2020 but was unsuccessful.

Applies to

Motion

The moving party must state when the parties are available to conduct a hearing noticed under the seven-day procedure.

The party(ies) are available on to conduct a hearing.

Applies to

Discovery motion

After an unresolved Discovery Master meeting, the moving party must re-praecipe the motion and include the word “unresolved” in its title for the next available motion date.

the moving party must re-praecipe the motion, and include the word “unresolved” in the motion title for the next available motion date.

Applies to

Order

All orders must contain signatures, and both clients and attorneys must sign when applicable.

Signatures must appear on all orders. Clients and attorneys must both sign orders (if applicable).

Applies to

Ex parte order

The preparing attorney or party must sign an ex parte order.

On Ex Parte Orders, the preparing attorney/party must sign the order.

Applies to

Witness list

Each party must file lay and expert witness lists, a proposed exhibit list, and exchange exhibits no later than seven days before trial.

Each party shall file a WITNESS LIST (lay and expert), a PROPOSED EXHIBIT LIST, and exchange exhibits no later than (7 days prior to the scheduled trial).

Applies to

Trial brief

Each party must file a trial brief including supporting law no later than seven days before the scheduled hearing.

Each party shall file a TRIAL BRIEF (including supporting law) no later than (7 days prior to the scheduled hearing).

Applies to

Hearing brief

Each party must file a hearing brief, including exhibits and supporting law, at least seven days before the hearing.

Each party shall file a hearing brief (including exhibits an supporting law) no later than 7 days prior to the scheduled hearing date.

Applies to

Witness list

Each party must file lay and expert witness lists and a proposed exhibit list at least seven days before the hearing.

Each party must file a Witness List (lay and expert), a Proposed Exhibit List, and exchange exhibits no later than 7 days prior to the scheduled hearing.

Applies to

Motion to settle order

Must include

proposed order

A motion to settle an order must be accompanied by the relevant hearing transcript or specific timestamps and a proposed order.

Motions to Settle Orders: ▪ Parties must file a motion and provide the relevant portion of the hearing’s transcript, or specific timestamps of the proceeding, along with a proposed order.

Applies to

Motion

The publicly filed motion must include a placeholder page identifying an omitted exhibit and stating that it was provided directly to chambers and opposing counsel.

The motion filed in the public file must contain a placeholder page noting that an exhibit was omitted from the public file but provided directly to chambers and opposing counsel.

Applies to

Filing

Filings must comply with MCR 1.109(D)(1)(b) and include appropriate information for both parties or counsel of record.

All filings must comport with MCR 1.109(D)(1)(b) and contain appropriate information for both parties or counsel(s) of record.

Applies to

Motion

Every motion must specify the relief requested and include legal briefing supporting it.

All motions must have a specific request for relief and legal briefing supporting the proposed request.

Applies to

Motion

Every motion must have a title that succinctly states the requested relief.

All motions must have a title succinctly stating the requested relief.

Applies to

Motion

The motion’s hearing date must appear on its first page.

The hearing date shall be printed on the first page of the motion.

Applies to

Evidentiary hearing request

A party must file a motion to request an evidentiary hearing.

A party must file a motion to request an evidentiary hearing.

Applies to

Default judgment

A party must obtain a county-clerk default against the non-moving party before presenting a default judgment to the court.

A party must file and obtain a default against the non-moving party, from the county clerk, before presenting a default judgment to the court.

Applies to

Filing

All filings must comply with MCR 1.109(D)(1)(b) and include appropriate information for all parties or counsel of record.

All filings must comport with MCR 1.109(D)(1)(b) and contain appropriate information for both parties or counsel(s) of record.

Applies to

Motion

Every motion must include a specific request for relief and supporting legal briefing.

All motions must have a specific request for relief and legal briefing supporting the proposed request.

Applies to

Notice of adjournment

The moving party must give chambers written notice when a motion will not proceed as scheduled.

It is the responsibility of the moving party to provide written notification to chambers that the motion is not proceeding as scheduled.

Applies to

Summary disposition motion

A motion for summary disposition must be set on the court’s regular motion-call docket and comply with applicable Michigan Court Rules.

The moving party shall set the matter during the court’s regular motion call docket and comply with the applicable provisions of the Michigan Court Rules.

Applies to

Reconsideration motion

A motion for reconsideration and its briefing must conform to the Michigan Court Rules.

Parties must file the motion and briefing in conformity with the Michigan Court Rules.

Applies to

Motion to settle order

Must include

proposed order

A motion to settle an order must include the relevant hearing transcript or specific timestamps and a proposed order.

Parties must file a motion and provide the relevant portion of the hearing’s transcript, or specific timestamps of the proceeding, along with a proposed order.

Applies to

Objection to proposed order

An objection under the seven-day rule must verify review of the transcript or recording and include the relevant transcript portion or specific timestamps concerning disputed issues.

An objection to a proposed judgment or order submitted under MCR 2.602(B)(3) (a/k/a “the 7-Day Rule”) must: (i) verify that the objecting party reviewed the related transcript or recorded hearing,and (ii) attach the relevant portion of the hearing’s transcript or provide specific timestamps of the recorded hearing concerning the disputed issues.

Applies to

Final judgment

Must include

proposed order

The court will move up a proofs date only after receiving all required signed final-judgment documents and reviewing them.

The court will only move up a date for proofs if it 1) is in actual possession of all final judgment documents signed by the necessary individuals where applicable and 2) has reviewed the judgment document documents.

Applies to

Evidentiary hearing motion

A party must file a motion to obtain an evidentiary hearing.

A party must file a motion to request an evidentiary hearing.

Applies to

Default judgment motion

A party must obtain a default from the county clerk before presenting a default judgment to the court.

A party must file and obtain a default against the non-moving party, from the county clerk, before presenting a default judgment to the court.

Applies to

Motion

A motion omitting a confidential exhibit from the public file must include a placeholder page identifying the omitted exhibit and stating that it was provided to chambers and opposing counsel.

The motion filed in the public file must contain a placeholder page noting that an exhibit was omitted from the public file but provided directly to chambers and opposing counsel.

Applies to

Proposed order

Must include

proposed order

When applicable, both clients and their attorneys must sign proposed orders.

Signatures: Where applicable, clients and their attorneys must both sign all proposed orders.

Applies to

Proposed order

Must include

proposed order

A proposed order substituting counsel must be signed by the opposing counsel or counsels and the party, and an attorney may not substitute the client as counsel of record.

For substitution of counsel: The opposing counsel(s) and party must sign the proposed order substituting counsel. An attorney may not substitute their client as counsel of record.

Applies to

Withdrawal of counsel motion

A request to withdraw counsel without substitution must be made by motion and set for motion call.

For withdrawal of counsel: All requests to withdraw without substitution shall be via motion and set for motion call.

Applies to

Ex parte order

Ex parte orders concerning custody, child support, or visitation must comply with MCR 3.207(B)(5).

All ex parte orders regarding custody, child support, or visitation must comply with MCR 3.207(B)(5).

Applies to

Ex parte order

All other proposed ex parte orders must comply with MCR 3.207(B)(6).

All other proposed ex parte orders must comply with MCR 3.207(B)(6).

Applies to

Default judgment

A moving party must obtain a default from the County Clerk before presenting a default judgment to the court.

A party must file and obtain a default against the non-moving party from the County Clerk before presenting a default judgment to the court.

Applies to

Motion

Unless the court excuses the moving party, the moving party must appear; failure to appear results in dismissal and may result in a financial penalty.

Unless excused by the court, the moving party must appear for the motion. Failure to appear will result in dismissal of the motion and may result in a financial penalty consistent with MCR 2.119(E)(4).

Applies to

Ex parte order

Ex parte custody, child-support, and parenting-time orders must include the language required by MCR 3.207(B)(5), and other ex parte orders must include the language required by MCR 3.207(B)(6).

All ex parte orders regarding custody, child support, or parenting time must include the language required pursuant to MCR 3.207(B)(5). All other ex parte orders must include the language required pursuant to MCR 3.207(B)(6).

Applies to

Reply brief

Reply, additional, and supplemental briefs are prohibited without express court permission unless the court rules otherwise allow them.

Consistent with MCR 2.119(A)(2)(b), no reply, additional, or supplemental briefs shall be permitted absent express permission from the Court unless otherwise allowed in the Court Rules.

Applies to

Court hearing

Attorneys and parties must attend all court hearings, including procedural hearings, unless the court states otherwise.

Attorneys and parties must attend all court hearings, including procedural hearings, unless specifically stated otherwise.

Applies to

Uniform child support order

A completed Uniform Child Support Order (FOC 10) must be submitted with the judgment in any case involving children.

You must submit a completed Uniform Child Support Order (FOC 10) for any case involving children at the time you submit the judgment.

Applies to

Deviation addendum

A Deviation Addendum (FOC 10d) must accompany the Uniform Child Support Order whenever the child-support formula is not followed in any way.

A Deviation Addendum (FOC 10d) must be attached to the Uniform Child Support Order if you are not following the child support formula calculations in any way.

Applies to

Order

Must include

proposed order

The moving party must prepare the motion order based on the agreement or oral ruling and submit it for judicial signature before leaving the courtroom.

The moving party to every motion must prepare an order based on either the parties’ agreement or the Judge’s oral ruling. Do not leave the Courtroom until your order is prepared and submitted to the Judge for signature.

Applies to

Emergency motion

An emergency motion must state the reason for the request, exigent circumstances, and the harm that could result if emergency relief is not granted.

The motion must state the reason for the request, including any exigent circumstances and the harm that could result if the matter were not addressed on an emergency basis.

Applies to

Evidentiary hearing motion

A party must file a motion requesting an evidentiary hearing before the judge.

A party must file a motion to request an evidentiary hearing before the judge.

Applies to

Prisoner participation information

Remote prisoner participation requests must include the prisoner's location, correctly spelled name, date of birth, and inmate number.

In order for chambers to make arrangements for a prisoner to participate in a hearing remotely chambers must be provided information about where the prisoner is being held (i.e. an MDOC facility, Oakland County Jail, etc.), and the individual's correctly spelled name, date of birth, and identifying inmate number.

Applies to

Final pretrial conference

For a bench trial, the Court schedules a Zoom Final Pretrial Conference approximately one month before trial, with trial counsel required to attend unless the Court orders otherwise.

In cases with a Bench Trial, the Court shall schedule a Final Pretrial Conference approximately one month prior to the scheduled Trial date, which shall be conducted electronically via Zoom video conference. The Final Pretrial Conference requires the appearance of Trial counsel only (unless otherwise ordered by the Court).

Applies to

Settlement final pretrial conference

For a jury trial, the Court schedules an in-person Settlement/Final Pretrial Conference approximately one month before trial, and all parties with full settlement authority and their counsel must attend.

In cases with a Jury Trial, the Court shall schedule an in-person Settlement/Final Pre-Trial Conference approximately one month prior to the scheduled Trial date. All parties (with full settlement authority) and their respective counsel shall appear for the in-person Settlement/Final Pre-Trial Conference.

Applies to

Motion

Must include

proposed order

Every motion must attach a proposed order specifying the relief requested, or the praecipe will be dismissed.

All motions shall also attach a Proposed Order setting forth the relief requested, or the Praecipe shall be dismissed by theCourt.

Applies to

Dispositive motion

Must include

proposed order

A dispositive motion must be scheduled within the Scheduling Order's time constraints, include a proposed order specifying the relief, and be accompanied simultaneously by a hearing praecipe and notice.

All dispositive motions shall be scheduled, pursuant to MCR 2.116(G)(1)(a), within the time constraints of the Scheduling Order. At the time of filing the dispositive motion (including a Proposed Order setting forth the specific relief requested), the movant shall simultaneously file a Praecipe and Notice of Hearing scheduling same for hearing before the Court.

Applies to

Early scheduling conference

The Court must schedule an Early Scheduling Conference immediately after all first responsive pleadings are filed in a civil matter, hold it by Zoom, and require trial counsel to attend.

An Early Scheduling Conference shall be scheduled by the Court immediately following the filing of all first responsive pleadings in any civil matter and shall be held via Zoom video conference with Trial counsel in attendance.

Applies to

Proposed order

Must include

proposed order

For a settled bench-trial case, parties must file a proposed Final Order of Dismissal before the Final Pretrial Conference or attend with their clients to place the settlement on the record.

In the event of a settlement, the parties shall file their proposed Final Order of Dismissal prior to the date and time of the Final Pretrial Conference or appear for the scheduled Pretrial Conference with their respective clients to place the settlement on the record.

Applies to

Proposed jury instructions and verdict forms

Each party must submit proposed jury instructions and verdict forms at least seven days before trial in both paper and electronic Word form.

Each party shall submit a copy of proposed jury instructions and verdict forms to the Court at least 7 days before trial in both paper (delivered to chambers) and electronic (Word) forms.

Applies to

Bench trial brief

Bench-trial briefs must be filed and delivered to chambers at least one week before trial and should address the pertinent facts, issues, controlling law, evidentiary issues, and legal issues.

In bench trial briefs shall be filed and delivered to chambers at least one week before trial. The trial brief should contain a brief statement of pertinent facts, a statement of the issues to be tried, an identification of controlling law, and a brief analysis of the evidentiary and legal issues.

Applies to

Praecipe

The moving party must file a praecipe for the hearing date, and the motion will not be heard on the scheduled date without it.

The moving party must then file a praecipe for the hearing date. If a praecipe is not filed, the motion will not be heard on the scheduled date.

Applies to

Motion

When confidential exhibits exist, the motion must state that they will not be placed in the public court file and will be provided directly to chambers and the responding party.

If a party has any confidential exhibits, the moving party shall write in their motion that the exhibit is not being placed in the public court file and instead is being provided directly to chambers and the responding party.

Applies to

Default judgment

A request for default judgment must comply with MCR 2.603 and MCR 3.210, including filing a separate non-military affidavit.

If default judgment is sought, the party must comply with MCR 2.603 and MCR 3.210, including but not limited to, the filing of a separate non-military affidavit.

Applies to

Motion

A praecipe is required when a motion is to be addressed by the Court.

Praecipes are required for motions to be addressed by the Court.

Applies to

Motion

When an opposing party lacks e-filing access, the motion caption must provide an email address for that party.

If the opposing party is not connected to the e-file system, an email address must be provided in the caption.

Applies to

Summary disposition

A motion for summary disposition must include a Notice of Hearing stating that the date and time will be determined by the Court.

Motions for Summary Disposition must be filed with a Notice of Hearing which indicates that the date/time is “to be determined by the Court.”

Applies to

Re praecipe

A moving party who wants an unresolved matter heard by Judge Kinsella after the Friend of the Court conference must submit a re-praecipe.

If the matter is not resolved and settled by agreement of the parties at the pre-motion conference with Friend of the Court, and the moving party wants the motion to be heard by the Judge, the moving party MUST submit a re- praecipe and file a re-notice of hearing identifying the Wednesday on which you want the motion heard by Judge Kinsella.

Applies to

Notice of hearing

A Motion for Summary Disposition must include a Notice of Hearing stating that the date and time are to be determined by the Court.

Motions for Summary Disposition must be filed with a Notice of Hearing which indicates that the date/time is “to be determined by the Court.”

Applies to

Motion

Except for summary-disposition motions, parties must praecipe the motion and file a related Notice of Hearing selecting a Wednesday.

Parties must praecipe motions (other than summary disposition) and file a related Notice of Hearing for any Wednesday of their choice.

Applies to

Summary disposition motion

Must include

local rule certificate

A summary-disposition motion must include the required Local Sixth Judicial Circuit Court Rule 2.119(B)(2) motion certification signed and filed by the attorney of record or pro se party.

the Motion Certification required by Local Sixth Judicial Circuit Court Rule 2.119(B)(2) must still be signed and filed by the attorney of record or the party in propria persona.

Applies to

Dispositive motion

A dispositive motion must be accompanied by a Notice of Hearing stating that the court will determine the hearing date.

In addition, a Notice of Hearing must also accompany the filing of a dispositive motion and it must state that the hearing date will be scheduled by a date to be determined by the Court.

Applies to

Proposed order

Must include

certificate of service

A proposed order must be accompanied by a verified motion and brief, supporting authority, certified-address and postal verification, and a process-server affidavit documenting at least three service attempts or explaining why one cannot be given.

Proposed orders must be accompanied by a verified motion & brief with supporting authority, proof of certified address, postal verification, affidavit of process server (or reason why one cannot be given) showing at least 3 attempts (service on individuals, these 3 attempts must be during times which a working individual would reasonably be expected to be at home or at the place of business attempted to be served).

Applies to

Proposed order

Must include

certificate of service

A proposed order must be accompanied by supporting authority, a summons expiration date, a verified motion and brief, postal and certified-address verification, and a process-server affidavit documenting at least three service attempts or explaining why one cannot be given.

Proposed orders must be accompanied by a verified motion & brief with supporting authority, proof of certified address, postal verification, affidavit of process server (or reason why one cannot be given) showing at least 3 attempts (service on individuals, these 3 attempts must be during times which a working individual would reasonably be expected to be at home or at the place of business attempted to be served).

Applies to

Pro hac vice admission

A pro hac vice admission request must include a recommendation, an affidavit accepting jurisdiction under the Michigan Rules of Professional Conduct and its enforcement, and agreement to send all represented-party notices to in-state counsel.

Pro hac vice admissions of counsel must be accompanied by a recommendation, a proper affidavit in which the counsel accepts jurisdiction of the Michigan Rules of Professional Conduct and enforcement thereof, and agreement that all notices to the represented party are sent to in-state counsel.

Applies to

Proposed order

All attorneys of record, including incoming and outgoing attorneys and opposing counsel, must stipulate to the proposed order.

All attorneys of record must stipulate to the proposed order (i.e. incoming attorney, outgoing attorney, and opposing counsel).

Applies to

Early facilitation order or joint case management plan

At least one week before the Case Management Conference, the parties must file either an Early Facilitation Order or a Joint Case Management Plan submitted by Plaintiff's counsel or the pro se plaintiff.

At least one week prior to the scheduled CMC, either of the following must be filed (1) Joint Agreement to Facilitate Within 90 Days after the CMC Date (a/k/a “Early Facilitation Order”), or (2) Joint Case Management Plan filed by Plaintiff’s counsel, or Plaintiff if acting in pro per, identifying/addressing various matters and areas of agreement and disagreement (as indicated on the Court’s Notice and Order to Appear, including but not limited to matters outlined below).

Applies to

Esi discovery plan

If an ESI Conference is necessary, the parties must file the ESI discovery plan 14 days after the conference.

Whether an ESI Conference will be necessary; if so, the ESI discovery plan shall be filed 14 days following the conference

Applies to

Summary disposition motion

A Motion Certification under Local Sixth Judicial Circuit Court Rule 2.119(B)(2) must be signed and filed with a summary disposition motion by the attorney of record or the party in propria persona.

Although praecipes are not required when filing a summary disposition motion, the Motion Certification required by Local Sixth Judicial Circuit Court Rule 2.119(B)(2) must still be signed and filed by the attorney of record or the party in propria persona.

Applies to

Case dispositive motion

A dispositive motion must be accompanied by a Notice of Hearing stating that the Court will determine the hearing date.

In addition, a Notice of Hearing must also accompany the filing of a dispositive motion and it must state that the hearing date will be scheduled by a date to be determined by the Court.

Applies to

Early facilitation order or joint case management plan

At least one week before the CMC, the parties must file either an Early Facilitation Order or a Joint Case Management Plan addressing the matters specified in the Court's Notice and Order to Appear.

At least one week prior to the scheduled CMC, either of the following must be filed (1) Joint Agreement to Facilitate Within 90 Days after the CMC Date (a/k/a “Early Facilitation Order”), or (2) Joint Case Management Plan filed by Plaintiff’s counsel, or Plaintiff if acting in pro per, identifying/addressing various matters and areas of agreement and disagreement (as indicated on the Court’s Notice and Order to Appear, including but not limited to matters outlined below).

Applies to

Esi discovery plan

If an ESI conference is necessary, the parties must file an ESI discovery plan within 14 days after that conference.

Whether an ESI Conference will be necessary; if so, the ESI discovery plan shall be filed 14 days following the conference

Applies to

Joint case management plan

The parties must incorporate their proposed discovery plan into the Joint Case Management Plan submitted for the Court's review.

The parties shall then incorporate their proposed discovery plan into the Joint Case Management Plan for the Court’s review.

Applies to

Discovery motion

A motion under MCR 2.309(C) or 2.310(C)(3) must state that the movant attempted good-faith conferral to obtain the disclosure without court action.

When filing a motion pursuant to MCR 2.309(C) or 2.310(C)(3), a party must state that the movant has in good faith conferred or attempted to confer with the party not making the disclosure in an effort to secure the disclosure without court action.

Applies to

Summary disposition motion

Must include

local rule certificate

A summary-disposition motion must include a signed and filed Motion Certification under Local Sixth Judicial Circuit Court Rule 2.119(B)(2).

the Motion Certification required by Local Sixth Judicial Circuit Court Rule 2.119(B)(2) must still be signed and filed by the attorney of record or the party in propria persona.

Applies to

Criminal bond motion

Must include

proposed order

Every criminal bond motion must include the district court bond order and a proposed grant order containing all requested bond conditions.

All Criminal Bond Motions must be accompanied by a copy of the district court bond order and a proposed order granting the relief requested, including all bond conditions.

Applies to

Motion for second summons

A motion for second summons must be submitted using the approved SCAO form.

Motions for Second Summons: Must be submitted on approved SCAO form.

Applies to

Trial exhibits

All trial exhibits must be marked and agreed to by the parties.

all exhibits must be marked and agreed to by the parties.

Applies to

Bench book of exhibits

A bench book of exhibits is required for bench trials.

The Court requires a bench book of exhibits for bench trials.

Applies to

Proposed findings

Proposed findings are required in bench trials.

The Court requires proposed findings in bench trials.

Applies to

Joint final pretrial order

The parties must file a joint final pretrial order shortly after the scheduling order and no later than one week before trial.

The Court utilizes a joint final pretrial order, filed shortly after issuance of scheduling order; due one week before trial.

Applies to

Trial brief

The trial brief is due one week before trial.

A trial brief is due one week prior to trial

Applies to

Criminal bond motion

Must include

proposed order

A criminal bond motion must include a proposed order granting the requested relief and stating all bond conditions.

a proposed order granting the relief requested, including all bond condtions.

Applies to

Criminal bond motion

Every criminal bond motion must include a copy of the district court bond order.

All Criminal Bond Motions must be accompanied by a copy of the district court bond order

Applies to

Motion for alternate service

A motion for alternate service must be submitted using the approved SCAO form.

Motions for Alternate Service: Must be submitted on approved SCAO form.

Applies to

Motion for alternate service

Must include

proposed order

The proposed alternate-service order must provide for certified mail with return receipt, posting or affixing at the last known address, and publication in the Oakland County Legal News for three consecutive weeks.

Specific requirements of proposed order include: (1) Certified mail (return receipt requested) to the last known address; (2) Posting/affixing to the last known address; and (3) Publication in the Oakland County Legal News for 3 consecutive weeks.

Applies to

Motion for second summons

A motion for a second summons must be submitted using the approved SCAO form.

Motions for Second Summons: Must be submitted on approved SCAO form.

Applies to

Bench book of exhibits

A bench book containing the exhibits is required for bench trials.

The Court requires a bench book of exhibits for bench trials.

Applies to

Proposed findings

Proposed findings are required in bench trials.

The Court requires proposed findings in bench trials.

Applies to

Proposed order

Must include

proposed order

Attorneys or litigants must prepare and present the order to the judge before leaving the courtroom unless the judge’s staff has stated otherwise.

Attorneys or litigants must prepare an order to present to the Judge before leaving the Courtroom (unless otherwise stated, the Judge’s staff will not prepare the order).

Applies to

Reconsideration motion

A motion for reconsideration should not be accompanied by a praecipe or Notice of Hearing.

Do not file a praecipe or Notice of Hearing.

Applies to

Evidentiary hearing motion

A party seeking an evidentiary hearing based on a factual dispute must file a motion requesting that hearing.

If you have an issue that involves a factual dispute, you must file a motion to request an evidentiary hearing before the Judge.

Applies to

Default judgment motion

Must include

proposed order

Every motion for entry of a default judgment must attach the proposed judgment and any applicable support orders.

All motions for entry of default judgments MUST include an attached copy of the proposed judgment (and support orders, if applicable).

Applies to

Judgment involving minor children

Must include

proposed order

Every judgment involving minor children must include a Uniform Child Support Order, even when support is requested at zero.

All judgments involving minor children must be accompanied by a Uniform Child Support Order, even if the parties are seeking to deviate support to a zero sum.

Applies to

Child support deviation

A deviation from child support must be accompanied by the UCSO Deviation Addendum.

Any deviation in child support must be accompanied by the UCSO Deviation Addendum.

Applies to

Proposed ex parte order

Must include

local rule certificate

Every proposed ex parte order must include the required affidavit or verification and the quoted MCR 3.207(B)(6) notice.

All proposed Ex Parte Orders must have the required affidavit and/or verification as required by the court rules and must include the following notice, pursuant to MCR 3.207(B)(6):

Applies to

Motion

Must include

proposed order

After the motion call, attorneys or litigants must prepare an order for the judge before leaving the courtroom unless the judge’s staff is stated to prepare it.

Attorneys or litigants must prepare an order to present to the Judge before leaving the Courtroom (unless otherwise stated, the Judge’s staff will not prepare the order).

Applies to

Default judgment motion

Must include

proposed order

Every motion for entry of a default judgment must attach a copy of the proposed judgment and any applicable support orders.

All motions for entry of default judgments MUST include an attached copy of the proposed judgment (and support orders, if applicable).

Applies to

Friend of the court referral motion

A party requesting a Friend of the Court referral must file a motion and notice it for hearing on the Court’s Motion Call.

parties requesting a referral to FOC must file a motion and notice the same for hearing on the Court’s Motion Call.

Applies to

Motion to request evidentiary hearing

A party with a factual dispute must file a motion requesting an evidentiary hearing before the judge.

If you have an issue that involves a factual dispute, you must file a motion to request an evidentiary hearing before the Judge.

Applies to

Uniform child support order

Every judgment involving minor children must be accompanied by a Uniform Child Support Order.

UNIFORM CHILD SUPPORT ORDERS: All judgments involving minor children must be accompanied by a Uniform Child Support Order, even if the parties are seeking to deviate support to a zero sum.

Applies to

Ucso deviation addendum

Any deviation from child support must be accompanied by the UCSO Deviation Addendum.

Any deviation in child support must be accompanied by the UCSO Deviation Addendum.

Applies to

Proposed exparte order

Proposed ex parte orders must include the specified notice, under which objections or modification or rescission requests and a hearing request must be filed with the clerk, with a copy served on the Friend of the Court and other party, within 14 days after service.

All proposed Ex Parte Orders must have the required affidavit and/or verification as required by the court rules and must include the following notice, pursuant to MCR 3.207(B)(6): “This Order will automatically become a temporary order if the other party does not file a written objection or motion to modify or rescind the ex parte order and a request for a hearing. The written objection or motion and the request for a hearing must be filed with the clerk of the court, and a true copy provided to the friend of the court and the other party, within 14 days after the order is served.”

Applies to

Final list of witnesses experts

Each party must file a final witness and expert list two weeks before the hearing, excluding rebuttal witnesses and including only previously listed or stipulated witnesses.

Each Party shall file a FINAL LIST OF WITNESSES/EXPERTS intended to be called at the Trial/Hearing, excluding rebuttal witnesses. Witnesses must have been named on a prior Witness List or must be stipulated to by all parties.

Applies to

Hearing exhibit list

A list identifying stipulated and proposed exhibits must be emailed to Judge Valentine’s staff attorney at least one week before the bench trial or hearing.

A LIST of EXHIBITS indicating Stipulated and/or Proposed must be submitted to Judge Valentine’s Staff Attorney, Shelli Feinberg, at feinbergs@oakgov.com at least ONE (1) WEEK prior to Bench Trial/Hearing

Applies to

Pre conference statement

Must include

legal argument, statement of facts

Counsel or a pro se party must prepare a short pre-conference statement one week before the settlement conference, serve it on all parties, and email it to chambers; the statement must summarize the action's background, principal factual and legal issues, and remaining issues.

COUNSEL AND/OR PRO PER PARTY shall prepare and serve on all parties and email the Judge’s chambers valentinechambers@oakgov.com, ONE WEEK PRIOR TO THE CONFERENCE, a SHORT statement, which: • Summarizes the background of the action and the principal factual and legal issues; • Detail all issues remaining;

Applies to

Pre conference statement

The pre-conference statement must list outstanding motions, summarize settlement efforts and ADR activity, address whether arbitration was discussed, and disclose available judgment insurance and indemnification agreements.

• List all outstanding motions; • Summarize settlement efforts, including whether the parties engaged in facilitation and/or other ADR proceedings; • Whether parties have discussed arbitration; • Discloses insurance available to satisfy all/part of a judgment, including indemnification agreements; and

Applies to

Confidentiality agreement

The confidentiality agreement must include a declaration under penalties of perjury that the signer examined the document and that its contents are true to the best of the signer's information, knowledge, and belief.

I declare under the penalties of perjury that this document has been examined by me and that its contents are true to the best of my information, knowledge, and belief.

Applies to

Summary disposition motion

Every summary disposition motion must include the specified certification immediately above the signature.

Summary Dispositions Motions: Required for all Summary Dispositions Include this statement above signature: I certify that I reviewed the most recent Scheduling Order and this motion for summary disposition is timely and conforms to the applicable court rules.

Applies to

Emergency motion

An emergency hearing request must be supported by a written motion submitted to the Court; oral requests will not be considered, and the motion must be emailed after e-filing.

To be considered, a written motion explaining the request must be submitted to the Court. Please email the emergency motion to judgepoleschambers@oakgov.com and polancoa@oakgov.com after the motion has been e-filed. Oral requests for emergency motions will not be considered.

Applies to

Criminal matter

All criminal matters, including criminal motions, must be scheduled for in-person hearings.

All criminal matters (including motions) are scheduled in person.

Applies to

Second summons

Must include

proposed order

An alternate-service or second-summons proposed order must be accompanied by a verified motion and a brief supported by legal authority.

Proposed orders must be accompanied by a verified motion and brief with supporting authority, proof of certified address, postal verification, affidavit of process server (or reason why one cannot be given) showing at least three attempts.

Applies to

Pleading and document caption

Must include

caption

Pleading and document captions should include counsel or self-represented party phone numbers and email addresses unless the self-represented party’s information is confidential in Friend of the Court records.

Pleading and document captions should include phone numbers and email addresses for counsel of record and/or self-represented parties, unless the self-represented party's contact information is confidential in the Friend of the Court's records.

Applies to

Pleading and document caption

Pleading and document captions must include counsel's or a self-represented party's phone number and email address unless that party's information is confidential in Friend of the Court records.

Pleading and document captions should include phone numbers and email addresses for counsel of record and/or self-represented parties, unless the self-represented party's contact information is confidential in the Friend of the Court's records.

Applies to

Motion

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

To schedule a motion, please file a praecipe for any available motion call date and follow the court rules for notice requirements.

Applies to

Motion

Must include

legal argument, statement of facts

Motions must concisely state their basis, supporting facts, and supporting authority.

All motions and briefs shall succinctly and concisely set forth their basis, facts in support and authority.

Applies to

Trial exhibits

The parties must exchange exhibits and stipulate to them before trial.

The parties are required to exchange and stipulate to exhibits in advance of trial.

Parties are expected to prepare the order in accordance with the judge’s ruling before leaving the courtroom, or promptly submit it through Zoom after the hearing.

Parties are expected to complete an order in accordance with the judge’s ruling before leaving the courtroom or if the parties are appearing by Zoom they are expected to submit an order comporting with the judge’s ruling promptly after conclusion of the hearing.

Applies to

Caption

Captions in e-filing cases should include applicable email addresses for counsel of record or pro per parties.

For e-filing cases, pleading and document captions should include email addresses for counsel of record and/or in pro per parties (if applicable).

Applies to

Remote prisoner participation request

A remote prisoner participation request must include the prisoner's correct name, date of birth, and inmate number, or chambers may be unable to arrange participation.

Chambers must be provided with the correct spelling of the prisoner’s name, his/her date of birth, and his/her identifying inmate number. Failure to provide any of the above information may prevent chambers from arranging for the prisoner’s participation in the hearing.

Applies to

Uniform child support order

A deviation from the child-support guidelines must use the deviation factors appropriate for the reason for the deviation.

If you are deviating, please use the deviation factors that is appropriate for the reason.

Applies to

Motion

The moving party must include the parties’ availability to conduct a hearing.

The party(ies) are available on to conduct a hearing.

Applies to

Motion

An electronic signature on the email certifies that the information in the email is correct.

Notice: Your electronic signature certifies that the information presented in your email is correct.

Applies to

Responsive pleading

A responsive pleading must identify the allegation or statement to which the response is directed before stating the response.

When filing responsive pleadings, please include the allegation or statement that you are responding to before your response.

Applies to

Stipulated order

A party wishing to use a mediator person or agency must submit the selection to the court by stipulated order.

The parties shall submit to the Court via stipulated order their selected Mediator should they wish to use a person/agency.

Applies to

Plea form

Plea forms must be completed and emailed to Chambers before the hearing.

Plea forms need to be completed in advance and submitted to judgegantchambers@oakgov.com prior to the hearing.

Applies to

Motion

Juvenile-matter motions must be submitted with a praecipe and notice of hearing to the juvenile legal email address.

Motions regarding juvenile matter shall be filed, along with a praecipe and notice of hearing, to juvenilelegal@oakgov.com.

Applies to

Responsive pleading

A responsive pleading must quote or identify the allegation or statement being responded to before the response.

When filing responsive pleadings, please include the allegation or statement that you are responding to before your response.

Applies to

Email

An electronic signature on the email notice certifies that the information in the email is correct.

Notice: Your electronic signature certifies that the information presented in your email is correct.

Applies to

Discovery motion

Motions to compel must be referred to the Discovery Master for resolution.

Motions to Compel will be referred to the Discovery Master for resolution.

Applies to

Discovery motion

If discovery issues remain unresolved after the Discovery Master meeting, the moving party must re-praecipe the motion for the next available date and include “unresolved” in its title.

The moving party must re-praecipe the motion, and include the word “unresolved” in the motion title for the next available motion date.

Applies to

Request to seize property

A request to seize property must include an attached itemized statement.

Parties must submit an attached itemized statement to the request for consideration.

Applies to

Motion

A motion for alternate service must include an affidavit documenting at least three service attempts on separate weeks and postal verification.

Parties must include an affidavit of at least 3 attempts of service on separate weeks and a postal verification for consideration.

Applies to

Jury instructions

Disputed jury instructions or the verdict form must be clearly marked and included in the stipulated jury-instruction packet.

Any disputed jury instructions or verdict form must be clearly marked and included with the stipulated jury instruction packet.

Applies to

Notice of motion

Motions other than motions for summary disposition must be praecipiced for a chosen Wednesday.

Parties must praecipe motions (excluding motions for summary disposition) for any Wednesday of their choice.

Applies to

Order

Each order approved as to substance and form must be signed before electronic filing.

Parties are expected to sign each order approved as to substance/form prior to its e-filed submission.

Applies to

Notice of motion

After receiving a hearing date from the staff attorney, the moving party must file a praecipe and notice of hearing.

Please file a praecipe and a notice of hearing when that date has been provided by the Court’s staff attorney.

Applies to

Motion

An emergency-hearing request may be submitted at any time by motion.

A request for an emergency hearing may be submitted anytime via motion.

Applies to

Motion

Parties must file a praecipe for any motion other than a motion for summary disposition.

Parties must praecipe motions (excluding motions for summary disposition) for any Wednesday of their choice.

Applies to

Brief and motion

All briefs and motions must comply with MCR 2.119(A)(2).

All briefs and motions must comply with MCR 2.119(A)(2).

Applies to

Briefs and motions

All briefs and motions filed under this order must comply with MCR 2.119(A)(2).

The parties must file the foregoing briefs, lists, and motions by filing an original with the County Clerk’s Office, serving the opposing party/ counsel, and delivering two JUDGE’S COPIES to Chambers located at Courtroom W1 (unless the case is an e-filing case, in which case, Judge’s Copies are not required), all in accordance with the Michigan Rules of Court and the local rules of court. All briefs and motions must comply with MCR 2.119(A)(2).

Applies to

Briefs and motions

Briefs and motions concerning the evidentiary hearing must comply with MCR 2.119(A)(2).

All motions in limine or other motions in relation to the pending evidentiary hearing shall be filed for a Wednesday motion call day prior to the scheduled hearing date. All briefs and motions must comply with MCR 2.119(A)(2).

Applies to

Motion

Renoticing or repraeciping a motion does not notify the court that the motion is off the docket.

A renotice and repraecipe does not advise the court that the motion is off.

Applies to

Voicemail

If chambers staff do not answer, the caller must leave a name, case number, filing time, and email time.

If staff are unavailable to answer your call, please leave a message with your name, case number, when you filed the motion, and when you e-mailed the motion to chambers.

Applies to

Scheduling order

A scheduling order serves as the court’s only notice of later dates, procedures, and filing deadlines.

If the court issues a scheduling order, it will be the only notice of subsequent court dates, procedures, and filing deadlines

Applies to

Pleading

Must include

caption

Pleading and document captions should include counsel's and self-represented parties' email addresses unless the self-represented party's information is confidential in Friend of the Court records.

Pleading and document captions should include email addresses for counsel of record and/or self-represented parties, unless the self-represented party's contact information is confidential in the Friend of the Court's records.

Applies to

First settlement conference

A represented party may be excused from the first settlement conference if the party's attorney attends.

A party represented by an attorney may be excused from the first settlement conference so long as their attorney is present.

Applies to

Zoom hearing notice

A Zoom hearing notice must state the hearing's specific date and time.

A notice re: Zoom hearing will be e-filed by the Court with a specific date and time for your hearing.

Applies to

Motion

When the opposing party is not connected to the e-filing system, the filing's caption must provide an email address for that party.

If the opposing party is not connected to the e-file system, an email address must be provided in the caption.

Applies to

Proposed discovery plan

The parties must attempt in good faith to agree on a proposed discovery plan.

The parties shall attempt in good faith to agree on a proposed discovery plan.

Applies to

Privilege log

A privilege log must accompany any pre-litigation document withheld on privilege grounds.

Any document withheld on the basis of a claimed privilege, and generated before the initiation of litigation, shall be logged to allow the opposing party and the Court to assess the prima facie assertion of privilege.

Applies to

Motion for reconsideration

For a motion for reconsideration, the court ordinarily schedules no hearing and permits no response unless the court indicates otherwise.

Unless the Court otherwise indicates, no hearing is scheduled and no response is permitted.

Applies to

Pleading

Must include

caption

E-filed pleadings and documents should include counsel's and applicable in pro per parties' email addresses in the caption.

For e-filing cases, pleading and document captions should include email addresses for counsel of record and/or in pro per parties (if applicable).

Applies to

Reconsideration motion

A motion for reconsideration will not receive a hearing unless the court orders one.

Pursuant to the Court Rules, a hearing will not be held unless ordered by the Court.

Applies to

Trial and evidentiary hearing brief

Trial and evidentiary-hearing briefs must identify uncontested issues.

Be sure to also identify uncontested issues.

Applies to

Trial brief

Must include

statement of facts

Trial and evidentiary-hearing briefs must identify uncontested issues.

Be sure to also identify uncontested issues.

Applies to

Exhibits

Must include

exhibit list

Plaintiff should label proposed exhibits with numbers and Defendant should label them with letters.

When labeling exhibits, Plaintiff is to use numbers and Defendant is to use letters.

Applies to

Pre conference statement

The pre-conference statement must not be filed with the court clerk.

This statement must not be filed with the Clerk of the Court.

Applies to

Scheduling order

The court ordinarily issues a scheduling order at the settlement conference unless the parties have already presented a signed consent judgment and placed proofs on the record.

The court will issue a scheduling order at the settlement conference date unless the parties present a signed consent judgment in advance and place proofs on the record..

Applies to

Jury instructions

The court encourages parties to agree on jury instructions and submit them jointly.

The court encourages parties to agree upon instructions before submitting them and submit them as joint jury instructions.