Court Rules

Limits & Logistics

Document Limits

Brief
20 pgs
Exhibits
100 pgs
Brief SummaryCourt-wide
40 pgs

Courtesy Copies

Motion

  • Email • Upon Filing

Motion, Response, Pretrial Order

  • Email

Reconsideration Motions

  • Email

Response

  • Email

Adjournments

  • Current Track One cases may be adjourned to Track Two by mutual stipulation.
  • Adjournment requests other than the specified Track One stipulations may be made only by motion.
  • For a settlement-conference adjournment, parties should email the Court at least one week in advance, and all parties must agree to the proposed new date.
  • +2 more

Request must include

Proposed Rescheduled Date

Communication

Email

Chambers

jennifer.swanson@3rdcc.org
Email

Clerk

deborah.royal@3rdcc.org
Email

Chambers

judgeharb-court@3rdcc.org
Phone

Chambers

(313) 224-2474
Filters:

Page & Word Limits2 rules

Page LimitsMandatoryCivil cases

Attorneys must obtain Court approval to file any motion and brief or response and brief over 20 pages. Reply briefs are limited to 5 pages.

Brief for attorneys
Up to 20 pages
Reply brief
Up to 5 pages
Applies to
  • Summary disposition motions
Wayne:af2f0bfa1437cacca12c8078
|SectionMotions for Summary Disposition
Page LimitsMandatoryCivil cases

Exhibits are limited to 100 pages. Court permission must be obtained for exhibits exceeding 100 pages.

Exhibits
Up to 100 pages
Wayne:af2f0bfa1437cacca12c8078
|SectionMotions for Summary Disposition

Document Filing Requirements8 rules

Filing RequirementsMandatoryCivil cases

Motions to Adjourn: Must include a copy of the scheduling order and list all relevant dates (including the filing date) in the body of the Motion.

Wayne:af2f0bfa1437cacca12c8078
|SectionMotions to Adjourn
Filing RequirementsMandatoryCivil cases

Motion and Brief- directing this Court to specific errors supported by the Transcript.

Filing RequirementsMandatoryCivil cases

Lower Court transcript or Motions and Orders Appealed.

Filing RequirementsMandatoryCivil cases

Motions must include any relevant documents and an Affidavit of a person with knowledge of the facts and circumstances surrounding the relief requested.

Wayne:af2f0bfa1437cacca12c8078
|SectionMotions for Default Judgment
Filing RequirementsMandatoryCivil cases

Proof that the transcript was ordered upon filing, if required.

Filing RequirementsImportantCivil cases

At the time of filing the Answer, Defendant should submit a Request to Produce directed to the Plaintiff requesting signed Medical Authorizations for all medical providers known to the Plaintiff relating to the claims identified in the Complaint. (See MCR 2.314)

Wayne:af2f0bfa1437cacca12c8078
|SectionThe following guidelines apply in No-Fault cases
Filing RequirementsImportantCivil cases

A Judge Copy of a motion should include only exhibits necessary to the claims, not full deposition transcripts or insurance contracts.

Court's wording

Submit a "Judge Copy" to JudgeHarb-Court@3rdcc.org , upon filing with the Clerk's Office, with only those Exhibits attached that are necessary to your claims. Do not submit full deposition transcripts, insurance contracts etc.)

Wayne:af2f0bfa1437cacca12c8078
|SectionMotion Practice: General
Filing RequirementsImportantCivil cases

Ensure that any attached Exhibits are necessary to your claim/defense. (Do not submit full deposition transcripts, insurance contracts, etc.)

Wayne:af2f0bfa1437cacca12c8078
|SectionMotion Practice: General

Filing & Service rules

Electronic Filing Rules

The lower-court transcript must be electronically filed with the Clerk's Office within the stated 56-day period.

Within 56 days the lower court transcript must be submitted to counsel by the Court Reporter and electronically filed with the Clerk's Office and JudgeHarb-Court@3rdcc.org

Civil cases

Page 1 | Appeals

Pleadings must be e-filed by the dates set by the Court.

Pleadings must be e-filed per the dates provided by the Court.

Civil cases

Page 1 | Motions for Summary Disposition

All Motions in Limine shall be e-filed to this Court no less than 3 weeks before the date of the Pre-Trial, and will be heard on the date of the Pre-Trial.

All Motions in Limine shall be e-filed to this Court no less than 3 weeks before the date of the Pre-Trial, and will be heard on the date of the Pre-Trial.

Civil cases

Page 1 | Motions in Limine

Motions must be filed electronically.

Please e-file your Motion.

Civil cases

Page 1 | Motion Practice: General

Filing Timing and Cure Windows

File summary-disposition motions before case evaluation; if case evaluation is waived, file by the last day of the month in which Track Two case evaluation would have occurred.

ALL SUMMARY DISPOSITION MOTIONS MUST BE FILED PRIOR TO THE CASE EVALUATION. If Case Evaluation is waived, the deadline for filing MSD is the last day of the month in which Case Evaluation would have occurred on Track 2.

Civil cases

Page 1 | Motions for Summary Disposition

Motions in limine must be filed at least three weeks before the pre-trial date.

All Motions in Limine shall be e-filed to this Court no less than 3 weeks before the date of the Pre-Trial, and will be heard on the date of the Pre-Trial.

Civil cases

Page 1 | Motions in Limine

The joint trial brief is due three “works” before trial, as stated in the Trial Order.

Joint Trial Brief: Due three works prior the Trial (see Trial Order)

Civil cases

Page 1 | Trial

Proposed orders must not be filed until after the hearing.

Please do not file the proposed Orders until after your Hearing.

Civil cases

Page 1 | Motion Practice: General

Do not file a Notice of Hearing until the processed Praecipe provides the actual hearing date and time.

You may Notice the Hearing after you receive the processed Praecipe with the actual date and time for the requested hearing. Please do not file the Notice of Hearing until you receive the processed Praecipe.

Civil cases

Page 1 | Motion Practice: General

Reply briefs to motions in limine are due three business days before the pre-trial.

Reply Briefs will be due 3 business days before the Pre-Trial.

Civil cases

Page 1 | Motions in Limine

File the Praecipe with the requested hearing date after the motion appears in the Register of Actions.

When the Motion appears in the Register of Actions, file the Praecipe with your requested date.

Civil cases

Page 1 | Motion Practice: General

Submit a Praecipe so the Clerk can set a control date, using a Friday date at least 30 days in the future.

You must submit a Praecipe however so that the Clerk can set a control date. Give your Praecipe any Friday date, 30 days in future.

Civil cases

Page 1 | Motions for Rehearing or Reconsideration

Responses are due three days before the scheduled hearing, as illustrated by a Monday response deadline for a Thursday hearing.

Responses are due 3 days ahead of schedule (Ex: Monday before Thursday hearing)

Civil cases

Page 1 | Motion Practice: General

After a summary-disposition motion appears in the Register of Actions, file a Praecipe requesting a Monday-through-Thursday hearing date at 10:00 a.m. at least 30 days out.

Please file your motion. When it appears in the Register of Actions, file the Praecipe with your requested date 30+ days out Mon-Thu @ 10:00 a.m.

Civil cases

Page 1 | Motions for Summary Disposition

Response briefs to motions in limine are due one week before the pre-trial.

Response Briefs will be due 1 week before the Pre-Trial.

Civil cases

Page 1 | Motions in Limine

Within 56 days, the Court Reporter must submit the lower-court transcript to counsel, and it must be electronically filed with the Clerk's Office and emailed to the Court.

Within 56 days the lower court transcript must be submitted to counsel by the Court Reporter and electronically filed with the Clerk's Office and JudgeHarb-Court@3rdcc.org

Civil cases

Page 1 | Appeals

Courtesy Copy Requirements

Provide the Court a Judge's Copy of a motion for rehearing or reconsideration for review.

Pursuant to MCR 2.119(F)-Notify Court Clerk if being filed and provide a Judge's Copy to JudgeHarb-Court@3rdcc.org for review.

Civil cases

Page 1 | Motions for Rehearing or Reconsideration

Email a Judge Copy of every response to the Court.

Email a Judge Copy of All Responses to JudgeHarb-Court@3rdcc.org

Civil cases

Page 1 | Motion Practice: General

Do not mail hard copies to the courtroom.

DO NOT MAIL HARD COPIES TO COURTROOM

Civil cases

Page 1 | REMOTE PROTOCOL

Email the Court a copy of motions, responses, pre-trial orders, and other covered documents.

THIS IS A COMPLETELY ELECTRONIC COURTROOM. Email a copy of all Motions, Responses, Pre-Trial Orders, etc. to JudgeHarb-Court@3rdcc.org

Civil cases

Page 1 | REMOTE PROTOCOL

When filing a motion with the Clerk's Office, email a Judge Copy to the Court and attach only exhibits necessary to the claims; do not submit full deposition transcripts or insurance contracts.

Submit a "Judge Copy" to JudgeHarb-Court@3rdcc.org , upon filing with the Clerk's Office, with only those Exhibits attached that are necessary to your claims. Do not submit full deposition transcripts, insurance contracts etc.)

Civil cases

Page 1 | Motion Practice: General

Do not mail hard copies to the courtroom.

Please do not mail hard copies to the courtroom.

Civil cases

Page 1 | Motion Practice: General

Adjournment & Extension Requirements

Adjournment requests other than the specified Track One stipulations may be made only by motion.

All other requests for adjournments may only be adjourned by way of motion.

Civil cases

Page 1 | REMOTE PROTOCOL

For a settlement-conference adjournment, parties should email the Court at least one week in advance, and all parties must agree to the proposed new date.

Parties should contact the Court by email at least 1 week in advance. All of the parties must concur with the proposed adjourned date.

Civil cases

Page 1 | Settlement Conference Procedure

A set trial date may be adjourned only by motion and a showing of good cause.

Trial dates, once set, will not be adjourned without a motion and a showing of good cause.

Civil cases

Page 1 | Settlement Conference Procedure

Parties may stipulate to one motion adjournment; if they cannot proceed after that adjourned date, the motion will be dismissed but may be refiled later.

Parties are able to stipulate to one adjournment. If the parties are unable to proceed with the Motion after the adjourned date, then the Motion will be dismissed and may be refiled at a later date

Civil cases

Page 1 | Motion Practice: General

Current Track One cases may be adjourned to Track Two by mutual stipulation.

Motions to adjourn should be, for the most part, unnecessary at this time as Judge Harb is permitting stipulations for the following. All current Track One cases may be adjourned to Track Two by mutual stipulation.

Civil cases

Page 1 | REMOTE PROTOCOL

Chambers Communication Rules

Always include the case number and case name in the subject line of communications.

Always include case number and case name in the subject line.

Civil cases

Page 1 | MEDIATIONS AND TRIALS

Notify the Court Clerk when filing a motion for rehearing or reconsideration and provide the Court a Judge's Copy for review.

Pursuant to MCR 2.119(F)-Notify Court Clerk if being filed and provide a Judge's Copy to JudgeHarb-Court@3rdcc.org for review.

Civil cases

Page 1 | Motions for Rehearing or Reconsideration

All communications must include the case number and hearing date in the subject line.

Include case number and date of hearing in the subject line of all communication.

Civil cases

Page 1 | REMOTE PROTOCOL

Include all parties in emails with the Court or Judge to avoid ex parte communications.

All parties must be included in emails with the Court/Judge in order to avoid ex parte communications.

Civil cases

Page 1 | MEDIATIONS AND TRIALS

If a motion will be withdrawn, the moving party must email both the Court Clerk and the Court's general email to cancel it as soon as possible before the hearing.

If the motion is going to be withdrawn, the moving party must email the Court Clerk (deborah.royal@3rdcc.org) and the Court's general email (judgeharb-court@3rdcc.org) to cancel the motion as soon as possible prior to the hearing date.

Civil cases

Page 1 | REMOTE PROTOCOL

If a motion will be withdrawn, the moving party must email the Clerk and the Court as soon as possible to dismiss it.

If any motion is going to be withdrawn, the moving party must email the Clerk (deborah.royal@3rdcc.org) and the Court ( JudgeHarb-Court@3rdcc.org ) to dismiss the Motion as soon as possible.

Civil cases

Page 1 | Motion Practice: General

For a summary-disposition motion in lieu of an answer, send a copy to the Judge's Judicial Attorney; the Court will issue a briefing order.

If a party is filing a Motion for Summary Disposition in Lieu of an Answer, send a copy of the Motion for Summary Disposition to the Judge's Judicial Attorney (JudgeHarb-Court@3rdcc.org). The Court will issue a briefing order.

Civil cases

Page 1 | Motions for Summary Disposition

If the Final Pre-Trial Order has not arrived within a few days after the hearing, contact the Court.

If you do not receive one within a few days following the hearing, please contact the Court.

Civil cases

Page 1 | Settlement Conference Procedure

Email Judge Harb's Judicial Attorney for issuance of a scheduling order and further information.

Please email Judge Harb's Judicial Attorney (JudgeHarb-Court@3rdcc.org for the issuance of a scheduling order and further information.

Civil cases

Page 1 | Motions for Summary Disposition

Check public Odyssey before contacting the courtroom with questions; if a document is not on the register of actions, contact the Clerk's office with questions because the Clerk may not have processed it.

*Check public odyssey at 3rdcc.org before contacting the Courtroom with questions. If a document is not on the ROA, that means the Clerk's office has not processed it. Contact the Clerk's office with any questions.*

Civil cases

Page 1 | REMOTE PROTOCOL

After receiving the processed Praecipe, call the Court if you have not also received a scheduling order.

After receiving your processed praecipe, call the Court if you have not also received a scheduling order.

Civil cases

Page 1 | Motions for Summary Disposition

Do not call the courtroom and leave voicemails.

Please do not call the courtroom and leave voicemails.

Civil cases

Page 1 | MEDIATIONS AND TRIALS

Do not leave messages at the courtroom phone number; email the Court instead.

Phone Number (313) 224-2474 (Please do not leave messages-email court)

Civil cases

Page 1 | Address / Phone Number

The Judicial Attorney may be contacted by email at jennifer.swanson@3rdcc.org.

The Judicial Attorney may be reached via email at jennifer.swanson@3rdcc.org

Civil cases

Page 1 | MEDIATIONS AND TRIALS

Email is the preferred method of communication with the Court.

Please email the court as the preferred method of communication.

Civil cases

Page 1 | MEDIATIONS AND TRIALS

The Court Clerk may be contacted at deborah.royal@3rdcc.org.

The Court Clerk, Deborah Royal may be reached at deborah.royal@3rdcc.org

Civil cases

Page 1 | MEDIATIONS AND TRIALS

Court-wide rules

Applies court-wide

These 66 rules apply across Third Judicial Circuit Court of Michigan. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Filing Requirements

All 26
  • Applies to
    Brief summary

    The mediator may require each party to submit a brief summary not to exceed 40 pages inclusive of summary and exhibits outlining the disputed facts and issues in the case.

  • Applies to
    Mediation status report or failure to appear report

    At the end of mediation, the mediator must deliver a completed status or failure-to-appear report to the judge, limited to the specified participation and case-status information.

  • Applies to
    Adr order

    An ADR referral order must provide for selection of the provider, timing, and payment, and may require attendance.

Filing Timing

All 21
  • Parties may object to the designated mediator and stipulate to an alternate within 14 days of the mediation order.

  • Parties may stipulate in writing to an alternate mediator within 14 days of the mediation order.

  • Parties may present a stipulated order to amend the pleadings and transfer the case within 14 days of the mediation order.

Fees

All 9
  • The mediator may charge reasonable compensation based on experience and usual rates for a mediation of up to two hours, and each party is responsible for a pro-rata share unless otherwise provided.

  • Each party must pay any deposit or cancellation fee set by the mediator directly to the assigned mediator at the time the mediator directs.

  • Fee
    100

    Parties who enter an order settling or removing the case from mediation and give the mediator at least five days' written notice owe no mediation fee; without timely notice, each party owes a $100 cancellation fee.

Service

All 7
  • Applies to
    Order for mediation
    Service
    Electronic service to all parties

    The Court must electronically serve the Order for Mediation on the parties unless a party has been excused from eFiling.

  • The ADR Clerk must promptly send the affected counsel or self-represented party a fee-demand letter by first-class mail or email.

  • Applies to
    Order
    Service
    Mail

    The ADR Clerk must serve the order and amount-owing certification by first-class mail and file a certificate of mailing with the court clerk.

About Judge Adel A. Harb

Judge Adel A. Harb sits in the Third Judicial Circuit Court of Michigan, the state trial court serving Wayne County, in the district division.

Practitioners will find the judge's published procedures in a document titled '99'.

Common questions about Judge Adel A. Harb's rules

Are courtesy copies required for Judge Adel A. Harb?

Do not mail hard copies to the courtroom.

View ruleSource: page 1, section Motion Practice: General

What page or word limits apply to brief before Judge Adel A. Harb?

Judge Adel A. Harb's rule states these limits: attorney: 20 pages; 5 pages. Attorneys need Court approval to file a motion and brief or response and brief exceeding 20 pages; reply briefs are limited to 5 pages.

View ruleSource: page 1, section Motions for Summary Disposition

What page or word limits apply to exhibits before Judge Adel A. Harb?

Judge Adel A. Harb's rule states these limits: 100 pages. Summary-disposition exhibits are limited to 100 pages; exhibits exceeding that limit require Court permission.

View ruleSource: page 1, section Motions for Summary Disposition

What must be included with adjournment motion filings before Judge Adel A. Harb?

A motion to adjourn must include the scheduling order and list all relevant dates, including the filing date, in its body.

View ruleSource: page 1, section Motions to Adjourn

What must be included with default judgment motion filings before Judge Adel A. Harb?

A motion for default judgment must include relevant documents and an affidavit from a person with knowledge of the facts and circumstances supporting the requested relief.

View ruleSource: page 1, section Motions for Default Judgment

How may parties contact Judge Adel A. Harb's chambers?

All communications must include the case number and hearing date in the subject line.

View ruleSource: page 1, section REMOTE PROTOCOL

How do I request an adjournment or extension before Judge Adel A. Harb?

Adjournment requests other than the specified Track One stipulations may be made only by motion.

View ruleSource: page 1, section REMOTE PROTOCOL

Is electronic filing required before Judge Adel A. Harb?

Yes. Electronic filing is required for the covered filings. Motions must be filed electronically.

View ruleSource: page 1, section Motion Practice: General

What filing deadlines does Judge Adel A. Harb set?

Response briefs to motions in limine are due one week before the pre-trial.

View ruleSource: page 1, section Motions in Limine
Complete rules summary for Judge Adel A. Harb

Response briefs to motions in limine are due one week before the pre-trial.

Do not mail hard copies to the courtroom.

Email the Court a copy of motions, responses, pre-trial orders, and other covered documents.

All communications must include the case number and hearing date in the subject line.

Do not mail hard copies to the courtroom.

Check public Odyssey before contacting the courtroom with questions; if a document is not on the register of actions, contact the Clerk's office with questions because the Clerk may not have processed it.

Do not leave messages at the courtroom phone number; email the Court instead.

Include all parties in emails with the Court or Judge to avoid ex parte communications.

Always include the case number and case name in the subject line of communications.

Email is the preferred method of communication with the Court.

The Judicial Attorney may be contacted by email at jennifer.swanson@3rdcc.org.

The Court Clerk may be contacted at deborah.royal@3rdcc.org.

Do not call the courtroom and leave voicemails.

Current Track One cases may be adjourned to Track Two by mutual stipulation.

Adjournment requests other than the specified Track One stipulations may be made only by motion.

If a motion will be withdrawn, the moving party must email both the Court Clerk and the Court's general email to cancel it as soon as possible before the hearing.

For a settlement-conference adjournment, parties should email the Court at least one week in advance, and all parties must agree to the proposed new date.

If the Final Pre-Trial Order has not arrived within a few days after the hearing, contact the Court.

A set trial date may be adjourned only by motion and a showing of good cause.

When filing a motion with the Clerk's Office, email a Judge Copy to the Court and attach only exhibits necessary to the claims; do not submit full deposition transcripts or insurance contracts.

A Judge Copy of a motion should include only exhibits necessary to the claims, not full deposition transcripts or insurance contracts.

Motions must be filed electronically.

File the Praecipe with the requested hearing date after the motion appears in the Register of Actions.

Do not file a Notice of Hearing until the processed Praecipe provides the actual hearing date and time.

Proposed orders must not be filed until after the hearing.

Responses are due three days before the scheduled hearing, as illustrated by a Monday response deadline for a Thursday hearing.

Email a Judge Copy of every response to the Court.

Response exhibits must be necessary to the claim or defense; do not submit full deposition transcripts or insurance contracts.

Parties may stipulate to one motion adjournment; if they cannot proceed after that adjourned date, the motion will be dismissed but may be refiled later.

Pleadings must be e-filed by the dates set by the Court.

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Anita Jennings
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