Limits & Logistics
Document Limits
Courtesy Copies
All filings
- Email • Upon Filing
Claim of Appeal, Application for Leave to Appeal
Courtesy copies
Joint Jury Verdict Form
- 2 copies • Before Hearing
Adjournments
- To adjourn a motion, email the Court, copy opposing counsel, and do not simply submit a new notice of hearing.
- Adjourn discovery dates or a case track by motion, except for stipulated orders moving a case from Track 1 to Track 2.
- A trial date may be adjourned only by motion and upon a showing of good cause.
- +2 more
Request must include
- 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
Communication
Chambers
Page & Word Limits2 rules
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
- Summary disposition motions
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
- Up to 100 pages
- Summary disposition motions
Document Format Requirements1 rule
Email the joint jury instructions as a Word Document to the Judicial Attorney 48 hours before the final pretrial conference; include the specified indexes and make each instruction a separate, 14-point, case- and gender-specific page.
- Font size
- 14 points
Formatting
- •Instructions must be case specific and gender specific
Court's wording
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 . 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.
Document Filing Requirements11 rules
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.
Any party wishing to appear via zoom must file a MOTION with the Court.
The proposed joint final pretrial order must include the listed trial date, claims, stipulations, issues, damages, evidence problems, and known motions in limine under appropriate captions and in the stated order.
Court's wording
The proposed JFPO shall contain, under appropriate captions in the order indicated, the following:TRIAL DATE and TIME. PLAINTIFF’S CLAIMS: A concise statement of Plaintiff's claim, including third party plaintiff, claims and defenses including their legal theories upon which each claim or defense is based. DEFENDANT’S CLAIMS: A concise statement of Defendant's defenses and cross-claims, including claims of third-party Plaintiff(s), and defenses of third-party Defendant(s), including legal theories. STIPULATION OR ADMISSION OF FACTS: A recitation of any facts or other matters to which the parties have stipulated. ISSUES OF FACT: Issues of fact remaining to be litigated. ISSUES OF LAW: Issues of law to be litigated. DAMAGES: An itemized statement of special damages with authority to support. Further, Counsel will be requested to stipulate to those items not in dispute. EVIDENCE PROBLEMS LIKELY TO ARISE AT TRIAL: Include any remaining objections to exhibits and use of depositions. All motions in limine of which counsel or a party without counsel should reasonably be aware of at the time of preparation of the pre-trial order shall be listed in the joint final pre-trial order.
Counsel shall make sure Judge Elder is listed as the judge on all pleadings. Pleadings with prior judges listed will be rejected
Please file motions to consolidate in BOTH cases you are trying to consolidate together.
The joint pretrial order must identify witnesses and trial exhibits and include specified contact details and objections; unlisted witnesses or exhibits may be barred absent good cause, and generalized witness descriptions are unacceptable.
Court's wording
WITNESSES AND EXHIBIT LISTS: indicate which witnesses will be called and which witnesses may be called. 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. ... Live witnesses must include phone numbers for contact tracing. ... Objection: Include objections to exhibits and to the use of deposition testimony and include legal authority for each objection. Motion is required to show good cause for failure to list the witness on a JTPO. Generalized descriptions of witnesses such as "all or any" are not acceptable.
A motion for default judgment must include relevant supporting documents and an affidavit from a person with knowledge of the facts and circumstances supporting the requested relief.
Court's wording
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.
Must include a copy of the scheduling order and list all relevant dates (including the filing date) in the body of the Motion.
The JFPO must be one document. THE COURT WILL NOT ACCEPT SEPARATE DOCUMENTS PROPOSED BY EACH SIDE.
ANY MOTION FOR SUMMARY DISPOSITION FILED OUTSIDE THESE TIMELINES WILL REQUIRE A MOTION FOR LEAVE TO BE FILED
In No-Fault cases, the Defendant should submit the specified Request to Produce when filing the Answer.
Court's wording
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)
Filing & Service rules
Electronic Filing Rules
Counsel must e-file the joint pretrial order and 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
Civil cases
Page 1 | TRIAL
E-file motions in limine and responses by the trial-scheduling-order deadline; the Court will schedule a hearing before trial, generally at the final pretrial conference, and will not entertain late motions in limine.
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.
Civil cases
Page 1 | OTHER TRIAL ISSUES - Motions in Limine
Filing Timing and Cure Windows
Responses and replies are due by 4:30 PM on their due date.
All due dates for responses or replies are due by close of business (4:30 PM) on the due date.
Civil cases
Page 1 | OTHER MOTION PRACTICE INFORMATION
A motion hearing is not scheduled or placed on the docket until the praecipe is accepted and returned with the hearing date and time; a submission confirmation is not acceptance.
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.
Civil cases
Page 1 | Motion filing information
For cases with a discovery cutoff on or before December 31, 2024, file dispositive motions within 90 days after discovery closes 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
Civil cases
Page 1 | MOTIONS FOR SUMMARY DISPOSITION
Responses are due three days before the scheduled hearing.
Responses are due 3 days ahead of scheduled hearing date
Civil cases
Page 1 | OTHER MOTION PRACTICE INFORMATION
The moving party must submit a praecipe and notice of hearing stating the firm date within three days after the scheduling order is entered.
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.
Civil cases
Page 1 | MOTIONS FOR SUMMARY DISPOSITION
The joint final pretrial order is due five weeks before trial.
JOINT final pretrial order: Due 5 weeks before trial
Civil cases
Page 1 | TRIAL
After the motion is accepted, submit a praecipe with a proposed date; if that date is full, the Clerk will move it to 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.
Civil cases
Page 1 | MOTION PRACTICE: GENERAL
The lower-court transcript must be submitted to counsel and electronically filed with the Clerk and emailed to the Court within 56 days; failure to file it on time results in dismissal of the appeal.
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
Civil cases
Page 1 | APPEALS
For cases with a discovery cutoff on or after January 1, 2025, file dispositive motions within 60 days after discovery closes or they 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.
Civil cases
Page 1 | MOTIONS FOR SUMMARY DISPOSITION
Appear 15 minutes before the scheduled hearing to attempt to resolve motions in limine before going on the record.
Please be prepared to appear 15 minutes prior to your scheduled date and time for your hearing to attempt to resolve any motions in limine before going on the record with Judge Elder.
Civil cases
Page 1 | OTHER TRIAL ISSUES - Motions in Limine
Service and Proof of Service Rules
After praecipe acceptance, serve and file a hearing notice stating the correct date, time, and Zoom information, and file proof that the defaulted Defendant was served.
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.
Civil cases
Page 1 | OTHER MOTION PRACTICE INFORMATION
After the praecipe is accepted, serve and file a notice of hearing stating the correct date and whether oral argument will be heard.
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
Civil cases
Page 1 | MOTION PRACTICE: GENERAL
Courtesy Copy Requirements
After filing a summary-disposition motion, email a Judge’s Copy to the Court and copy all counsel.
After the MSD is filed, please email a Judge’s Copy of the motion for summary disposition to JudgeElder-Court@3rdcc.orgwith all counsel copied.
Civil cases
Page 1 | MOTIONS FOR SUMMARY DISPOSITION
By noon on the Thursday before trial, counsel must deliver a hard copy of proposed voir dire questions to the courtroom and email a Word Document copy to the Judicial Attorney; the questions should be case-specific and relevant.
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. Also email a copy to the judicial attorney. Please consult Judge Elder’s Protocol on the Third Circuit Court website, 3rdcc.org, for the Judicial Attorney’s email address. These questions should be specific and relevant to the case.
Civil cases
Page 1 | OTHER TRIAL ISSUES - Voir Dire
Send the Court a copy of every claim of appeal or application for leave to appeal.
Please send a copy of all claims of appeal or applications for leave to appeal to JudgeElder-Court@3rdcc.org
Civil cases
Page 1 | APPEALS
Email copies of motions, responses, pre-trial orders, and similar documents to the Court; do not mail hard copies of motions.
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.
Civil cases
Page 1 | GENERAL PROTOCOL
Email a Judge Copy of every response to the Court and copy the other side.
Email a Judge Copy of All Responses to JudgeElder-Court@3rdcc.orgwith the other side copied.
Civil cases
Page 1 | OTHER MOTION PRACTICE INFORMATION
After clerk acceptance, email the motion’s Judge’s Copy to the Court and copy opposing counsel; Judge’s Copies are required for all motions.
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.
Civil cases
Page 1 | MOTION PRACTICE: GENERAL
Counsel must stipulate to a joint jury verdict form before trial and, by the Thursday before trial, deliver two hard copies 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.
Civil cases
Page 1 | OTHER TRIAL ISSUES - Jury Verdict Form
For a motion for rehearing or reconsideration, provide a Judge’s Copy to the Court and notify the Clerk because the Court otherwise receives no notice of the filing.
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.
Civil cases
Page 1 | OTHER MOTION PRACTICE INFORMATION
Filing Bundling Requirements
Do not file a proposed order as a separate filing contemporaneously with a motion; it may instead be attached as a proposed exhibit.
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.
Civil cases
Page 1 | MOTION PRACTICE: GENERAL
Pre-Motion Conference Requirements
For non-dispositive motions, reply and supplemental briefs may not be filed without Court leave.
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.
Civil cases
Page 1 | OTHER MOTION PRACTICE INFORMATION
Resolve disagreements about jury instructions through a motion in limine scheduled for the final pretrial conference date.
Any disagreements regarding the jury instructions shall be resolved via a Motion in Limine scheduled for the date of the final pre-trial conference.
Civil cases
Page 1 | OTHER TRIAL ISSUES - Jury Instructions
No oral argument is provided, unless notified by the Court. 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. Pursuant to MCR 2.119(F)(2), no responses are permitted unless the Court specifically allows them.
No oral argument is provided, unless notified by the Court. 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. Pursuant to MCR 2.119(F)(2), no responses are permitted unless the Court specifically allows them.
Civil cases
Page 1 | OTHER MOTION PRACTICE INFORMATION
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.
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.
Civil cases
Page 1 | MOTIONS FOR SUMMARY DISPOSITION
Adjournment & Extension Requirements
Track One cases may be moved to Track Two by mutual stipulation, and the order must state a dispositive-motion cutoff 60 days after discovery closes; other adjournments require a motion.
The parties may stipulate to the following tracks: All current Track One cases may be adjourned to Track Two by mutual stipulation. 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. All other requests for adjournments may only be adjourned by way of motion.
Civil cases
Page 1 | STIPULATIONS
To adjourn a motion, email the Court, copy opposing counsel, and 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.
Civil cases
Page 1 | Motion filing information
The parties may stipulate to one motion adjournment; if they cannot proceed on the adjourned date, the motion will be dismissed but may be refiled, and adjournment requests must be directed to the Court rather than handled by filing a new hearing notice.
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.
Civil cases
Page 1 | OTHER MOTION PRACTICE INFORMATION
A trial date may be adjourned only by motion and upon 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 | GENERAL OPERATIONS
Adjourn discovery dates or a case track by motion, except for stipulated orders moving a case from 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.
Civil cases
Page 1 | GENERAL OPERATIONS
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
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
Civil cases
Page 1 | GENERAL OPERATIONS
Chambers Communication Rules
Request an interpreter by email at least 14 days before the hearing and include the case name, case number, requesting party, and language.
If a party needs an interpreter for a hearing or trial, please contact the court at JudgeElder-Court@3rdcc.orgat least 14 days before the hearing with the case name, case number, party requesting the interpreter, and language requested.
Civil cases
Page 1 | GENERAL INFORMATION
The moving party must email the Court as soon as possible to dismiss a motion that will 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.
Civil cases
Page 1 | OTHER MOTION PRACTICE INFORMATION
Notify the Court of a settlement or motion withdrawal by confirmation email with all parties copied; do not call instead.
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.
Civil cases
Page 1 | GENERAL PROTOCOL
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.
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.
Civil cases
Page 1 | GENERAL PROTOCOL
Include the hearing date and case number in every communication’s subject line and copy opposing counsel on all communications with the Court.
Include date of hearing and case number in the subject line of all communication. - Copy opposing counsel on all communication with the Court.
Civil cases
Page 1 | GENERAL PROTOCOL
Use the court email only for the listed purposes and copy counsel for all parties on each email.
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)
Civil cases
Page 1 | GENERAL INFORMATION
If the final pretrial conference is set for Zoom but a party wants to appear in person, email the Court with all counsel copied at least one week beforehand.
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
Civil cases
Page 1 | FINAL PRE-TRIAL CONFERENCES