Judge Brian R. Sullivan
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Brief
- Hand Delivery
Discovery Motion
Motion
- Hand Delivery
- Hand Delivery • Upon Filing
Motion, Brief, Reply Brief
- Hand Delivery
Adjournments
- Adjournment of Case Evaluation is obtained by motion, not stipulation.
- Settlement conference adjournments require court approval obtained through the clerk.
- Parties may stipulate to an adjournment of the scheduling order on the first request; subsequent requests require a motion.
- +5 more
Request must include
Communication
Phone
Chambers, Clerk
Page & Word Limits1 rule
Reply brief for summary disposition is limited to five pages or less.
The reply brief is limited to five (5) or less pages, and is due (7) days from the date the response is filed with the Court.
Reply Brief
5 pages
Document Filing Requirements14 rules
The moving party must file a praecipe after the clerk provides the summary disposition motion hearing date.
Moving party must file praecipe after clerk provides motion hearing date.
Document Type
Motion
A motion for reconsideration must be filed with a notice of hearing and a hard copy delivered to the clerk.
A motion for reconsideration MUST be filed with: (1) a notice of hearing, and (2) a hard copy to the clerk. If these steps are not followed the court may be unaware of the motion being filed.
Document Type
Motion
A summary disposition motion filed after the scheduling deadline requires a motion to the court and may only be filed by court order.
Motions for Summary Disposition sought to be filed after the scheduling deadline must be made by motion to the court by the moving party, and the motion can only be filed by Court order.
Document Type
Motion
The settlement/facilitation order must include the facilitation date, facilitator name, and return hearing date, with the hearing date obtained from the Court Clerk.
The parties must present an Order to the Court which includes: a. The date of Facilitation, b. Name of the Facilitator; c. Return date for (obtained from the Court Clerk) Pretrial/Settlement Conference/Motion Hearing, to court within (10) business days after the completion of Facilitation. d. The pretrial/settlement/motion hearing date must be obtained by the parties from the Court by calling the Court Clerk and include that date in the order.
Document Type
Order
For an expedited hearing, the courtroom requires a filed, time-stamped copy of the motion.
The courtroom will need a filed time stamped copy of the motion.
Document Type
Motion
Summary disposition briefs must use joint exhibits where possible, highlight pertinent exhibit parts, and append and highlight the pertinent part of any unpublished case cited.
parties shall use joint exhibits to the extent possible to eliminate duplicate exhibits. 2. The parties shall highlight pertinent parts of the relevant exhibits for the Court so the court does not have to search for, or guess at, the support cited to it. 3. A party must append, and highlight, the pertinent part of any unpublished case
Document Type
Brief
An initial summons expires 90 days from issuance; a second 90-day summons is issued on submission of an order (without motion), and the expiration date must be stated in the order.
An initial summons expires 90days from issuance, and a second summons for an additional 90 days will be issued on submission of order without motion. Additional time must be obtained by motion. The expiration shall be stated in the order.
Document Type
Order
All exhibits must be marked before trial.
Document Type
Pretrial Order
Summary disposition briefs must not contain a separate introduction, background, or history section.
The brief shall not contain a separate section for introduction, background or history or other redundancies.
Document Type
Brief
The pretrial order lists must include only actual trial witnesses, all exhibits actually to be introduced, and all requested jury instructions by number.
Plaintiff and Defendant must list only actual witnesses to be called at trial. Plaintiff and Defendant must list all exhibits be actually introduced at trial. Plaintiff and Defendant must list all requested jury instructions by number.
Document Type
Pretrial Order
Parties must provide proposed jury instructions to the Court with a copy for the jurors.
Proposed Jury Instructions: Parties must provide to the Court with a copy for the jurors.
Document Type
Jury Instructions
All witnesses must be present on the first day of trial or scheduled for another time with the Court's prior consent.
All witnesses must be present on first day of trial or be scheduled at another time with prior consent of Court.
Document Type
Pretrial Order
No oral argument is held on a motion for reconsideration.
There is no oral argument on a motion for reconsideration.
Document Type
Motion
A response is required for summary disposition and reconsideration motions.
A response is required for Summary Disposition and Reconsideration motions
Document Type
Response
Filing & Service rules
Electronic Filing Rules
E-filing is available; parties should visit the 3rdcc.org e-filing page for additional information.
EFiling - Please go to www.3rdcc.org link "e-filing updated" for additional information.
Page 1 | EFiling
Filing Timing and Cure Windows
Parties must exchange witness, exhibit, and jury instruction lists within three weeks after facilitation.
The parties must exchange these three lists within three (3) weeks after facilitation.
Page 1 | PRETRIAL ORDER
Responses to motions on the Friday docket are due no later than Wednesday morning.
Responses, pursuant to MCR 2.119(2)(a), are due no later than Wednesday morning for a Friday hearing.
Page 1 | V. MOTION PRACTICE
No motions are permitted on the day of trial.
NO MOTIONS ON THE DAY OF TRIAL.
Page 1 | PRETRIAL ORDER
Final facilitation must be scheduled within 42 days of Case Evaluation.
Final facilitation must be scheduled to occur within 42 days of Case Evaluation.
Page 1 | II. SETTLEMENT CONFERENCE PROCEDURE
Motions in limine must be heard at least one month before trial unless the Court directs otherwise.
Motions in Limine (when heard): At least (1) one month before trial or scheduled otherwise as directed by the Court
Page 1 | Trial
Reply brief for summary disposition is due 7 days from the date the response is filed.
The reply brief is limited to five (5) or less pages, and is due (7) days from the date the response is filed with the Court.
Page 1 | IV. SUMMARY DISPOSITION SCHEDULING ORDER
Objections to witness, exhibit, or jury instruction lists must be provided in writing within 14 days of receipt and filed with the Court.
The parties must notify opposing counsel, in writing, of any objection to any of the witnesses, exhibits or instructions within (14) days of receipt and filed with the Court.
Page 1 | PRETRIAL ORDER
Response to a summary disposition motion is due 21 days from the scheduling order.
Response to the Motion for Summary Disposition is due (21) days from this Order.
Page 1 | IV. SUMMARY DISPOSITION SCHEDULING ORDER
The Court will not begin examining a summary disposition motion until it has all motions, responses, and materials or the movant advises that no response was filed.
The Court will not begin examination of the motion until it is in possession of all motions, responses and materials, or has been advised by the movant that no response was filed.
Page 1 | III. MOTION FOR SUMMARY DISPOSITION PROCEDURE
If the appellate scheduling order is not received within 10 business days of filing the appeal, counsel must contact the Court's office.
If the order is not received within (10) business days from the date of filing the appeal, please contact the Court's office, (313) 224-2447.
Page 1 | IX. Appeals
Appellate oral argument is held Friday mornings at 9:00 a.m., must be requested in the brief, and occurs within 30 days after receipt of briefs.
Oral argument: Held on Friday mornings at 9:00 a.m. Must be requested by a party in the brief. Argument is within 30 days after receipt of briefs.
Page 1 | IX. Appeals
The return date for the pretrial/settlement/motion hearing must be set within 10 business days after facilitation, with the date obtained from the Court Clerk.
Return date for (obtained from the Court Clerk) Pretrial/Settlement Conference/Motion Hearing, to court within (10) business days after the completion of Facilitation.
Page 1 | II. SETTLEMENT CONFERENCE PROCEDURE
If the summary disposition scheduling order is not received within 10 days of alerting the clerk, the movant must contact the clerk.
If the scheduling order is not received within 10 days of alerting the clerk of the motion filing, the movant must contact the clerk for the order.
Page 1 | III. MOTION FOR SUMMARY DISPOSITION PROCEDURE
Objections are heard at a pretrial conference requested by the objecting party within 2 weeks of filing.
The objections will be heard and addressed at a pretrial conference requested of the Court by the objecting party within (2) weeks of filing.
Page 1 | PRETRIAL ORDER
Summary disposition hearings are held Monday through Thursday at 9:00 a.m.
Summary disposition hearings are held Monday through Thursday at 9:00 a.m.
Page 1 | III. MOTION FOR SUMMARY DISPOSITION PROCEDURE
Discovery and other non-summary disposition motions are heard remotely on Fridays at 9:00 a.m.
Discovery and other non-summary disposition motions on the docket are heard remotely on Fridays at 9:00 a.m., unless the Court directs otherwise
Page 1 | V. MOTION PRACTICE
Summary disposition motions on lack of jurisdiction, statute of limitations, or other issues requiring no or limited discovery can be heard on an expedited basis by contacting the court clerk.
Expedited Hearing Request; Summary disposition motions on lack of jurisdiction, statute of limitations, etc. which require no, or limited, discovery can be heard on an expedited basis. Please contact the court clerk.
Page 1 | III. MOTION FOR SUMMARY DISPOSITION PROCEDURE
Motion call is held on Fridays at 9:00 a.m.
Motion Call: Friday at 9AM
Page 1 | Judge Brian R. Sullivan, Presiding Judge
Service and Proof of Service Rules
In Driver's License Restoration cases, the movant must serve the Secretary of State and the Attorney General.
Movant must serve Secretary of State and Attorney General.
Page 1 | Driver’s License Restoration cases
The party serving an order for alternate service must verify the postal address.
Serving party must verify postal address
Page 1 | VIII. Motion and Order for Alternate Service
Courtesy Copy Requirements
Parties must provide courtesy Judge's Copies of the summary disposition motion, responses, and reply briefs to Judge Sullivan's courtroom.
The parties shall please provide a courtesy "Judge's Copy" of the motion, response(s) and reply brief(s), by mail or hand, delivered to Judge Brian R. Sullivan's courtroom.
Page 1 | III. MOTION FOR SUMMARY DISPOSITION PROCEDURE
Appellate briefs must be delivered as a courtesy judge's copy to chambers by mail or hand delivery.
Briefs: Mail or hand delivery a courtesy judges copy to the Court; Judge Brian R. Sullivan 2 Woodward Ave., Courtroom 1101 CAYMC Detroit, MI 48226
Page 1 | IX. Appeals
Motions in limine and responses require a courtesy judge's copy mailed or hand delivered to chambers.
A courtesy judges copy of the motion and response shall be mailed or hand delivered to the Court; Judge Brian R. Sullivan 2 Woodward Ave., Courtroom 1101 Detroit, MI 48226
Page 1 | Trial
Reconsideration movant must provide a courtesy time-stamped Judges Copy to chambers via mail or hand delivery.
Movant shall provide a courtesy "Judges Copy" of the time stamped motion or hand delivery to: Judge Brian R. Sullivan 2 Woodward Ave., Courtroom 1101 Detroit, MI 48226
Page 1 | VI. Motion for Reconsideration
Summary disposition movant must deliver a courtesy time-stamped Judges Copy to chambers by mail or hand delivery.
The movant must provide a courtesy "Judges Copy" of the time stamped motion to the Court by mail or hand delivery to; Hon. Brian R. Sullivan 2 Woodward Ave., Courtroom 1101 Detroit, MI 48226
Page 1 | III. MOTION FOR SUMMARY DISPOSITION PROCEDURE
No judge's copy is required for discovery and other non-summary disposition motions, but responses are required for summary disposition and reconsideration motions.
A judge's copy is not required, but a response is required for Summary Disposition and Reconsideration motions
Page 1 | V. MOTION PRACTICE
Adjournment & Extension Requirements
After a praecipe is accepted, a motion may only be adjourned by the court through the clerk, and the party must obtain a new date from the clerk.
After a praecipe has been accepted by the clerk, a motion may only be adjourned by the court, through the clerk. A party who seeks an adjournment, postponement, or cancellation of a motion must contact Judge Sullivan's Court Clerk to adjourn, postpone or alert the court the motion is cancelled or resolved. The parties must get a new date for the motion from the clerk.
Page 1 | V. MOTION PRACTICE
Parties may stipulate to an adjournment of the scheduling order on the first request; subsequent requests require a motion.
The court allows the parties to stipulate to adjournment of the scheduling order by stipulation on the first request and motion thereafter.
Page 1 | II. SETTLEMENT CONFERENCE PROCEDURE
Adjournment of the final pretrial conference requires a court order.
Adjournment of Final Pre-Trial Conference: By court order.
Page 1 | Final Pretrial Conferences
A party seeking an adjournment or to hold a summary disposition decision in abeyance must contact the Clerk or Judicial Assistant and, once permission is granted, enter an order with the new hearing date.
If a party seeks an adjournment or for the court to hold a decision in abeyance pending facilitation or other discovery, the party must contact the Clerk or Judicial Assistant, and upon permission granted, enter an order with the new hearing date.
Page 1 | III. MOTION FOR SUMMARY DISPOSITION PROCEDURE
Adjournment of Case Evaluation is obtained by motion, not stipulation.
Adjournment of Case Evaluation: ___ Stipulation _X_ Motion
Page 1 | I. STATUS CONFERENCE PROCEDURE
Settlement conference adjournments require court approval obtained through the clerk.
Adjournments of settlement conference by court approval through the clerk from the judge. (313) 224-2447
Page 1 | II. SETTLEMENT CONFERENCE PROCEDURE
Requests for extension of the appellate briefing schedule are determined on a case-by-case basis.
Additional requirements: Requests for extension of the briefing schedule are determined on a case by case basis.
Page 1 | IX. Appeals
Adjournment of appellate oral argument is determined on a case-by-case basis.
Adjournment policy: Adjournment of oral argument is determined on a case by case basis.
Page 1 | IX. Appeals
Chambers Communication Rules
The moving party must call the Judicial Assistant to advise the Court the summary disposition motion is ready for decision and that all necessary documents are in the court's possession.
The moving party must advise the Court the motion is ready for decision and to ensure all documents necessary for decision are in possession of the court, by calling the Court's Judicial Assistant at (313) 224-2447, as required by the order.
Page 1 | III. MOTION FOR SUMMARY DISPOSITION PROCEDURE
Parties may request in-person motions, conferences, and trials by calling the Court's clerk at (313) 224-2447.
Parties can request In-Person motions, conferences and trials matter by calling the Court's clerk at (313) 224-2447.
Page 1 | Judge Brian R. Sullivan, Presiding Judge