Judge Charlene M. Elder
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Claim Of Appeal, Application For Leave To Appeal
- 1 copy • Email
Courtesy copies
- 1 copy • Email
Motion
- 1 copy • Email • Upon Clerk Acceptance
Motion For Rehearing, Motion For Reconsideration
- 1 copy • Email • Upon Filing
Adjournments
- Settlement conference adjournment requests must be emailed to the Court at least 1 week in advance and all parties must concur.
Communication
Chambers
Phone
Chambers
Page & Word Limits2 rules
In summary disposition practice, motions and response briefs over 20 pages require court approval and reply briefs are limited to 5 pages.
Parties must adhere to the page limits outlined in MCR 2.116(G) and MCR 2.119(A)(2)(a): 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.
Motion And Response Brief
20 pages
Reply Brief
5 pages
Exhibits to motions, responses, and replies are limited to 100 pages; exhibits exceeding 100 pages require court permission obtained by motion.
Exhibits are limited to 100 pages for MOTIONS, RESPONSES, AND REPLIES. Court permission (by filing a motion) must be obtained for exhibits exceeding 100 pages.
Exhibits
100 pages
Document Format Requirements2 rules
Jury instructions must include separate Preliminary and Final indexes listing JI numbers and titles, with each instruction on its own page in size 14 font, case specific and gender specific.
The instructions shall include separate indexes titled "Preliminary Jury Instructions" and "Final Jury Instructions," each index listing the JI number and title. Each instruction shall be on its own separate page, in size 14 font, case specific, and gender specific.
All communications with the Court must include the hearing date and case number in the subject line.
Include date of hearing and case number in the subject line of all communication.
Document Filing Requirements14 rules
Stipulations to opt out of case evaluation for facilitation are allowed only with all parties' consent and must contain the facilitator's name and a facilitation date.
Stipulations to opt out of case evaluation to facilitate are allowed ONLY with the consent of all parties and must contain the name of the facilitator AND a date for facilitation.
Document Type
Stipulation To Opt Out Of Case Evaluation
Motions for default judgment must include relevant supporting documents and an affidavit of a person with knowledge of the facts and circumstances surrounding the requested relief.
Motions must include any relevant documents and an Affidavit of a person with knowledge of the facts and circumstances surrounding the relief requested. For example: a Breach of Contract case should include the Contract and an Affidavit stating the balanced owed; a Personal Injury case should include medical records, bills and an Affidavit of the injured party outlining the injuries.
Document Type
Motion For Default Judgment
After the praecipe is accepted, serve and file a notice of hearing stating the correct hearing date and whether the motion will be heard with or without oral argument.
After the praecipe has been accepted, please serve and file a notice of hearing reflecting the correct date and whether the motion is to be heard with or without oral argument
Document Type
Notice Of Hearing
A party wishing to appear at trial via Zoom must file a motion with the Court.
Any party wishing to appear via zoom must file a MOTION with the Court.
Document Type
Motion To Appear Via Zoom
All pleadings must list Judge Elder as the judge; pleadings listing a prior judge will be rejected.
Counsel shall make sure Judge Elder is listed as the judge on all pleadings. Pleadings with prior judges listed will be rejected
Document Type
Pleadings
An order adjourning Track 1 to Track 2 must include the dispositive motion cutoff date, which is 60 days after the close of discovery.
Please include in your order to adjourn from Track 1 --> Track 2 the dispositive motion cut off date, which will be 60 days after the close of discovery.
Document Type
Order To Adjourn Track 1 To Track 2
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.
Must include a copy of the scheduling order and list all relevant dates (including the filing date) in the body of the Motion.
Document Type
Motion To Adjourn
Witnesses and exhibits must be listed in the JFPO; unlisted witnesses may be barred and unlisted exhibits excluded from trial absent good cause.
Failure to list witnesses may bar their production at trial. No witnesses shall be listed who have not been included on a prior witness list submitted pursuant to prior order of the Court except for good cause shown. Exhibits to be submitted for admission at trial shall be listed. Failure to list an exhibit on the JTPO without good cause will be excluded from trial.
Document Type
Joint Final Pretrial Order
The JFPO must contain, under appropriate captions: trial date and time; plaintiff's and defendant's claims; stipulations/admissions of fact; issues of fact and law; itemized damages; evidence problems; witness and exhibit lists (with contact phone numbers for live witnesses); objections with legal authority; and estimated length of trial.
The proposed JFPO shall contain, under appropriate captions in the order indicated, the following: TRIAL DATE and TIME.
Document Type
Joint Final Pretrial Order
Appeal filings must attach the motion and brief directing the court to specific errors supported by the transcript, the lower court transcript or motions and orders appealed, and proof that the transcript was ordered upon filing if required.
Parties must attach Motion and Brief- directing this Court to specific errors supported by the Transcript. Lower Court transcript or Motions and Orders Appealed. Proof that the transcript was ordered upon filing, if required.
Document Type
Claim Of Appeal
Generalized witness descriptions such as 'all or any' are not acceptable in the JFPO.
Generalized descriptions of witnesses such as "all or any" are not acceptable.
Document Type
Joint Final Pretrial Order
Motions to consolidate must be filed in both of the cases sought to be consolidated.
Please file motions to consolidate in BOTH cases you are trying to consolidate together.
Document Type
Motion To Consolidate
After the clerk accepts a motion, submit a praecipe with the proposed hearing date; if that date is at capacity the clerk will assign the next available motion date.
Once the motion has been accepted by the clerk's office, submit a praecipe with your proposed date. If that date has reached capacity, the Court clerk will change the date to our next available motion date.
Document Type
Praecipe
Reconsideration motions require a praecipe setting a Friday control date 30 days in the future; these motions are decided without oral argument.
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. These motions will be decided WITHOUT oral argument.
Document Type
Praecipe
Filing & Service rules
Electronic Filing Rules
Counsel must e-file the joint final pretrial order and also email a copy to the judicial attorney.
Counsel shall e-file the Joint Pre-Trial Order. Also email a copy to the Judicial Attorney @ Victoria.Lencione@3rdcc.org
Page 1 | TRIAL
Filing Timing and Cure Windows
Motions in limine and responses must be e-filed by the date in the trial scheduling order; late-filed motions in limine will not be entertained.
Motions in Limine and responses shall be e-filed no later than the date in the Court's trial scheduling order, and will be heard on a date to be scheduled by the Court prior to trial, generally on the date of the Final Pretrial Conference. No late filed motions in limine will be entertained.
Page 1 | TRIAL
Responses and replies are due by close of business (4:30 PM) on the due date.
All due dates for responses or replies are due by close of business (4:30 PM) on the due date.
Page 1 | OTHER MOTION PRACTICE INFORMATION
A Word document copy of the joint jury instructions must be emailed to the judicial attorney 48 hours before the final pretrial conference.
48 hours prior to the Final Pretrial Conference, Counsel shall email a Word Document copy of the joint jury instructions to the Judicial Attorney at Victoria.Lencione@3rdcc.org .
Page 1 | TRIAL
The joint final pretrial order is due 5 weeks before trial.
JOINT final pretrial order: Due 5 weeks before trial
Page 1 | TRIAL
Proposed voir dire questions are due by 12:00 PM the Thursday before trial, delivered as a hard copy to the courtroom and emailed as a Word document to the judicial attorney.
By 12:00pm the Thursday before trial, Counsel shall deliver a hard copy of the proposed voir dire questions to the courtroom and email a Word Document copy to the judicial attorney.
Page 1 | TRIAL
Responses are due 3 days before the scheduled hearing date.
Responses are due 3 days ahead of scheduled hearing date
Page 1 | OTHER MOTION PRACTICE INFORMATION
In cases with a discovery cut-off date of 12/31/2024 or before, dispositive motions must be filed within 90 days after the close of discovery unless an order specifies a different period.
For any case with a discovery cut-off date of 12/31/2024 or before: All dispositive motions must be filed within 90 days after the close of discovery UNLESS a different time period has been specified in an order
Page 1 | MOTIONS FOR SUMMARY DISPOSITION
A motion hearing is not scheduled until the accepted praecipe is returned with the date and time; a submission confirmation is not acceptance and the hearing is not on the docket until then.
A motion is not scheduled until you receive the accepted praecipe back with the date and time of the hearing. The notification that the praecipe was successfully submitted is NOT the accepted praecipe. If your praecipe has not been accepted, your motion hearing is not on the docket.
Page 1 | FIRST AVAILABLE MOTION DATES – NON-DISPOSITIVE MOTIONS ONLY
Failure to jointly file the JFPO may result in dismissal or costs for Plaintiff, and Defendant's failure to timely participate in compiling the JFPO may result in default judgment.
Failure to jointly file the JFPO may result in Plaintiff's case being dismissed or assessed costs. Failure for the Defendant to timely participate in the compilation of the JFPO may result in a default judgment.
Page 1 | TRIAL
By the Thursday before trial, counsel must deliver two hard copies of the stipulated joint jury verdict form to the courtroom and email a Word document copy to the judicial attorney.
Counsel shall stipulate to a joint jury verdict form in advance of trial and, by the Thursday before trial, deliver two hard copies to the courtroom and email a Word Document copy to the judicial attorney.
Page 1 | TRIAL
A motion for summary disposition filed outside the applicable deadlines requires a motion for leave.
ANY MOTION FOR SUMMARY DISPOSITION FILED OUTSIDE THESE TIMELINES WILL REQUIRE A MOTION FOR LEAVE TO BE FILED
Page 1 | MOTIONS FOR SUMMARY DISPOSITION
The lower court transcript must be submitted to counsel and electronically filed with the Clerk's Office and the court email within 56 days, or the appeal will be dismissed.
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 JudgeElder-Court@3rdcc.org Failure to timely file a transcript will result in dismissal to the appeal
Page 1 | APPEALS
Responses to a motion for summary disposition are due 2 weeks prior to the MSD hearing.
In general, the Court requires that all RESPONSES be due 2 weeks prior to the MSD hearing and all REPLIES be due 1 week prior to the MSD hearing.
Page 1 | MOTIONS FOR SUMMARY DISPOSITION
In cases with a discovery cut-off date of 1/1/2025 or after, dispositive motions must be filed within 60 days after the close of discovery or are waived.
For any case with a discovery cut-off date of 1/1/2025 or after: All dispositive motions must be filed within 60 days after the close of discovery or are waived.
Page 1 | MOTIONS FOR SUMMARY DISPOSITION
Motions affecting the content of the JFPO must be filed and heard before the JFPO is entered, excluding motions in limine.
Motions that affect the content of the JFPO will be filed and heard prior to the entry of the JFPO (excluding motions in limine).
Page 1 | TRIAL
The moving party must submit a praecipe and notice of hearing with the firm date within 3 days of entry of the MSD scheduling order.
The scheduling order will also direct the moving party to submit a praecipe and notice of hearing with the firm date within 3 days of entry of the scheduling order.
Page 1 | MOTIONS FOR SUMMARY DISPOSITION
The Court issues orders on motions submitted without oral argument no later than 48 hours after the hearing.
The Court will issue orders on motions scheduled without oral argument no later than 48 hours after the hearing.
Page 1 | MOTION PRACTICE: GENERAL
Service and Proof of Service Rules
For default judgment motions, after praecipe acceptance serve and file the notice of hearing with date, time, and Zoom information, and file proof of service on the defaulted defendant.
After the praecipe has been accepted, please serve and file a notice of hearing reflecting the correct date and time and this Court's zoom information and file proof of service reflecting service of the notice of hearing on the defaulted Defendant.
Page 1 | OTHER MOTION PRACTICE INFORMATION
Courtesy Copy Requirements
A Judge's Copy of all responses must be emailed to the court with opposing counsel copied.
Email a Judge Copy of All Responses to JudgeElder-Court@3rdcc.org with the other side copied.
Page 1 | OTHER MOTION PRACTICE INFORMATION
A copy of the joint pre-trial order must also be emailed to the judicial attorney at Victoria.Lencione@3rdcc.org.
Counsel shall e-file the Joint Pre-Trial Order. Also email a copy to the Judicial Attorney @ Victoria.Lencione@3rdcc.org
Page 1 | TRIAL
Upon clerk acceptance, a Judge's Copy of every motion must be emailed to JudgeElder-Court@3rdcc.org with opposing counsel copied.
As stated above, this is a paperless courtroom. Upon acceptance by the clerk's office, please submit a Judge's Copy of the motion to JudgeElder-Court@3rdcc.org, copying opposing counsel. ALL MOTIONS REQUIRE JUDGE'S COPIES TO BE SENT TO THIS EMAIL ADDRESS.
Page 1 | MOTION PRACTICE: GENERAL
Motions for rehearing or reconsideration require a Judge's Copy emailed to the court; the Court only receives notice if the attorney notifies the clerk and provides a Judge's Copy.
Provide a Judge's Copy to JudgeElder-Court@3rdcc.org for review. The Court does not receive notice that this type of motion is filed unless the attorney notifies the clerk and provides a Judge's Copy.
Page 1 | OTHER MOTION PRACTICE INFORMATION
After filing a motion for summary disposition, email a Judge's Copy to the court with all counsel copied.
After the MSD is filed, please email a Judge's Copy of the motion for summary disposition to JudgeElder-Court@3rdcc.org with all counsel copied.
Page 1 | MOTIONS FOR SUMMARY DISPOSITION
Email copies of all motions, responses, and pre-trial orders to the court's email address; do not mail hard copies of motions to the courtroom.
THIS IS A COMPLETELY ELECTRONIC COURTROOM. Email a copy of all Motions, Responses, Pre-Trial Orders, etc. to JudgeElder-Court@3rdcc.org. Please do not mail hard copies of motions to the Courtroom.
Page 1 | GENERAL PROTOCOL
A copy of all claims of appeal or applications for leave to appeal must be sent to JudgeElder-Court@3rdcc.org.
Please send a copy of all claims of appeal or applications for leave to appeal to JudgeElder-Court@3rdcc.org
Page 1 | APPEALS
Filing Bundling Requirements
Proposed orders must not be filed as a separate filing contemporaneously with a motion; attach the order as a proposed exhibit instead.
Please do not file proposed orders contemporaneously with your motion as a separate filing. You may attach the order as a proposed exhibit, but do not file it separately.
Page 1 | MOTION PRACTICE: GENERAL
The joint final pretrial order must be a single joint document; separate documents proposed by each side will not be accepted.
The JFPO must be one document. THE COURT WILL NOT ACCEPT SEPARATE DOCUMENTS PROPOSED BY EACH SIDE.
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Pre-Motion Conference Requirements
For non-dispositive motions, no reply briefs or supplemental briefs are allowed without leave of the Court.
For non-dispositive motions, pursuant to MCR 2.119(A)(2)(b), no reply briefs or supplemental briefs are allowed without leave of the Court.
Page 1 | OTHER MOTION PRACTICE INFORMATION
No responses to motions for rehearing or reconsideration are permitted unless the Court specifically allows them.
Pursuant to MCR 2.119(F)(2), no responses are permitted unless the Court specifically allows them.
Page 1 | OTHER MOTION PRACTICE INFORMATION
Adjournment & Extension Requirements
Track One cases may be adjourned to Track Two by mutual stipulation; all other adjournment requests require a motion.
All current Track One cases may be adjourned to Track Two by mutual stipulation. All other requests for adjournments may only be adjourned by way of motion.
Page 1 | STIPULATIONS
Trial dates will not be adjourned without a motion and a showing of good cause.
Trial dates, once set, will not be adjourned without a motion and a showing of good cause
Page 1 | GENERAL OPERATIONS
Parties may stipulate to one motion adjournment; if unable to proceed after the adjourned date the motion is dismissed and may be refiled, and adjournment requests must go through the courtroom rather than a new notice of hearing.
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. Please contact the courtroom for adjournment requests, do not just file a new notice of hearing.
Page 1 | OTHER MOTION PRACTICE INFORMATION
To adjourn a motion, email the Court copying opposing counsel; do not simply submit a new notice of hearing.
If you wish to adjourn your motion, please email the Court (see above) and copy opposing counsel to let us know. Please do not just submit a new notice of hearing.
Page 1 | FIRST AVAILABLE MOTION DATES – NON-DISPOSITIVE MOTIONS ONLY
All adjournments of discovery dates or track must be by motion, except stipulated orders adjourning Track 1 to Track 2.
All adjournments of discovery dates and/or track (other than stipulated orders to adjourn from Track 1 to Track 2) must be by way of motion.
Page 1 | GENERAL OPERATIONS
Settlement conference adjournment requests must be emailed to the Court at least 1 week in advance and all parties must concur.
Adjournment of settlement conference: Requests should be made at least 1 week in advance. Parties should contact the Court by email at least 1 week in advance. All of the parties must concur with the request for the adjournment
Page 1 | GENERAL OPERATIONS
Chambers Communication Rules
Opposing counsel must be copied on all communication with the Court.
Copy opposing counsel on all communication with the Court.
Page 1 | GENERAL PROTOCOL
A confirmation email to the court with all parties copied is required to notify the Court of a settlement or motion withdrawal; do not call the courtroom.
If you are informing the Court that a case has settled or a motion has been withdrawn, a confirmation email to JudgeElder-Court@3rdcc.org with all parties copied is required. Please do not call the Courtroom, as we will still ask for a confirming email.
Page 1 | GENERAL PROTOCOL
The moving party must email the Court as soon as possible when a motion is going to be withdrawn.
If any motion is going to be withdrawn, the moving party must email the Court (JudgeElder-Court@3rdcc.org ) to dismiss the Motion as soon as possible.
Page 1 | OTHER MOTION PRACTICE INFORMATION
Interpreter requests must be emailed to the court at least 14 days before the hearing and include the case name, case number, requesting party, and language requested.
If a party needs an interpreter for a hearing or trial, please contact the court at JudgeElder-Court@3rdcc.org at least 14 days before the hearing with the case name, case number, party requesting the interpreter, and language requested.
Page 1 | GENERAL INFORMATION
To appear in person at a Zoom-scheduled final pretrial conference, email the Court with all counsel copied at least 1 week prior.
IF YOUR PRETRIAL ORDER SAYS YOUR FINAL PRETRIAL CONFERENCE IS ON ZOOM, BUT YOU WANT TO APPEAR IN PERSON, PLEASE EMAIL THE COURT WITH ALL COUNSEL COPIED AT LEAST 1 WEEK PRIOR
Page 1 | TRIAL
The general court email may be used only for judge's copies of motions/responses, notice that a motion has been resolved, adjournment notifications, settlement notices, and interpreter requests, with all counsel copied.
Please use this email only for the following purposes – Please copy counsel for all parties on emails to this address - Judge's copies of motions and responses - Email notification that a motion has been resolved - Email notification a motion or other hearing needs to be adjourned - Email notification that a case has settled - Interpreter requests (see below)
Page 1 | Contact Information
Do not leave voicemail messages at the courtroom phone; contact the court by email instead.
(313) 224-5436 (Please do not leave voicemail messages, email court)
Page 1 | Contact Information
Check the register of actions/public Odyssey before contacting the courtroom with questions, and direct filing questions to the Clerk's office rather than the courtroom.
Parties should review the register of actions to confirm hearings. 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 re: filing issues.
Page 1 | GENERAL PROTOCOL