Judge Dana M. Hathaway
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Motion
Motion, Response, Reply
- Upon Filing
Reconsideration Motions
Adjournments
- Parties may adjourn from Track 1 to Track 2 by stipulation and order that must include the new tracking dates.
- Adjournment requests beyond the Track 2 dates must be made by motion, with the next available hearing date obtained from the court clerk.
- To adjourn the settlement conference for facilitation, parties must provide a date and time certain of the facilitation; proof may be emailed to the Court Clerk or Judicial Attorney.
Request must include
- Requests to adjourn case evaluation must be made at least 14 days before the scheduled evaluation, or the parties will be responsible for late fees.
- Adjournment requests must be made at least 7 days before the scheduled settlement conference, sent to the Judicial Attorney, including all attorneys of record, and must include the facilitator's name and date if for a private facilitation.
Communication
Chambers
Page & Word Limits2 rules
Motions and briefs for summary disposition cannot exceed 25 pages; exceeding the limit requires leave from the court.
Pursuant to MCR 2.116(G) and MCR 2.119(A)(2)(a), and pursuant to the Judge's protocols, the motion and brief cannot exceed 25 pages. If any party's pleading exceeds the page limitation, leave from the court must be given.
Brief
25 pages
Exhibits are limited to 125 pages; exceeding the limit requires leave from the court.
Exhibits are limited to 125 pages. Any party seeking to exceed the page limitation for exhibits must seek leave from the court.
Exhibits
125 pages
Document Filing Requirements6 rules
A stipulation and order for a case evaluation adjournment must contain the language regarding late fees.
A Stipulation and Order must contain that language.
Document Type
Stipulation And Order
The moving party must ensure the praecipe is accepted by the court clerk, or the motion will not be heard on the provided date.
It is the moving parties responsibility to ensure that the praecipe has been accepted by the court clerk. If the praecipe has not been accepted then it wasn't scheduled properly and the motion will not be heard on the date provided.
Document Type
Praecipe
The moving party must obtain the next available motion hearing date from the court clerk and must not file a motion with a date to be determined by the court.
The moving party is to contact the court clerk for the next available motion hearing date; DO NOT file a motion with "a date to be determined by the court."
Document Type
Motion
To opt out of case evaluation for a private facilitation, the stipulation and order must include the facilitator's name, the facilitation date, and the statement 'The settlement conference will be held on ________.'
The parties can submit a Stipulation and Order to opt out of case evaluation to attend a private facilitation. The Order must include the facilitator's name, the date of the facilitation and the following statement: "The settlement conference will be held on ____________."
Document Type
Stipulation And Order
The Joint Final Pre-trial Order (JFPTO) must follow the sample format and be timely filed.
A sample of the format of the JFPTO can be found at the end of these protocols. The parties must follow that format. The JFPTO must be timely filed.
Document Type
Pretrial Order
A motion for reconsideration must be accompanied by a praecipe containing the specified language, including the Judge's name, bar number, date one week from filing, and time of 2:00 pm.
At the time of filing the motion, the moving party must file a praecipe for the sole purpose of letting the court know that the motion has been filed. On the praecipe, the moving party shall put the following: Please place in the motion calendar for: Judge Dana M. Hathaway Bar No: 68588 Date: One week from the date of filing Time: 2:00 pm
Document Type
Praecipe
Filing & Service rules
Electronic Filing Rules
The court is an e-file court, so filings must be made electronically.
WAYNE COUNTY CIRCUIT COURT IS AN E-FILE COURT.
Page 1 | COURT ROOM PROCEDURES
Filing Timing and Cure Windows
Dispositive motions must be scheduled within 30 days after case evaluation or within 30 days of the first facilitation, whichever is first.
All dispositive motions must be scheduled within 30 days after case evaluation or within 30 days of the first facilitation, which ever is first.
Page 1 | DISPOSITIVE MOTIONS
An appeal briefing schedule is issued when the appeal is perfected, i.e., when the lower court file and transcripts have been e-filed and appear in the Register of Actions.
A briefing schedule will be issued when the appeal is perfected: when the lower court file and transcripts have been e-filed and appear in the ROA.
Page 1 | APPEALS
The appeal will be dismissed if not perfected pursuant to MCR 7.103, 7.104, 7.105, or 7.106.
A notice to dismiss the appeal will be served on the moving party if the appeal is not perfected pursuant to the applicable Michigan Court Rule: MCR 7.103, 7.104, 7.105 OR 7.106.
Page 1 | APPEALS
Service and Proof of Service Rules
Proof of service of process must be e-filed and appear in the Register of Actions by the status conference date, or the case will be administratively closed for lack of service.
Please take notice that if the proof of service of process has not been e-filed and/or appear in the Register of Actions by the date and time set for the status conference, the case will be administratively closed by the county clerk's office for lack of service.
Page 1 | STATUS CONFERENCES
Courtesy Copy Requirements
A Judge's copy of a motion for reconsideration must be mailed or delivered to the courtroom, or placed in the drop box outside if the doors are locked.
A Judge's copy must be mailed or delivered to the courtroom. If the courtroom doors are locked, the motion should be placed in the drop box left outside the courtroom.
Page 1 | MOTIONS FOR RECONSIDERATION
Judge's copies for non-dispositive motions must be mailed or dropped off at the court, or left in the box outside the door if the courtroom is locked.
Judge's copies must be mailed or dropped off at the court. If the courtroom doors are locked, Judge's copies can be left in the box left outside the door.
Page 1 | ALL MOTIONS EXCEPT SUMMARY DISPOSITION MOTIONS AND RECONSIDERATIONS
Judge's copies must be delivered as follows: motion when filed, responses at least 7 days before the hearing, replies at least 3 days before the hearing; untimely responses and replies will not be considered.
Judge's copies must be timely delivered to the court: Motion when filed; responses at least 7 days prior to the hearing; reply's at least 3 days prior to the hearing. Again, untimely filed responses and reply's will NOT be considered by the court.
Page 1 | DISPOSITIVE MOTIONS
Adjournment & Extension Requirements
Requests to adjourn case evaluation must be made at least 14 days before the scheduled evaluation, or the parties will be responsible for late fees.
PLEASE BE ADVISED that if a request to adjourn case evaluation is not made at least 14 days before the scheduled case evaluation the parties will be responsible for late fees.
Page 1 | CASE EVALUATION AND OPT OUT
Adjournment requests must be made at least 7 days before the scheduled settlement conference, sent to the Judicial Attorney, including all attorneys of record, and must include the facilitator's name and date if for a private facilitation.
A request for an adjournment should be made at least seven (7) days prior to the scheduled conference. The request should be made to the Judge's Judicial Attorney at lorri.cary@3rdcc.org. The email MUST include all attorneys of record to ensure that there is consent to the request. If the request for the adjournment is to allow a private facilitation, the email MUST include the facilitator's name and the date of the facilitation so that the adjournment will allow time for the parties to accept/reject the facilitation award.
Page 1 | SETTLEMENT CONFERENCES AND ADJOURNMENTS
To adjourn the settlement conference for facilitation, parties must provide a date and time certain of the facilitation; proof may be emailed to the Court Clerk or Judicial Attorney.
If the parties want to adjourn the settlement conference to attend facilitation, they must provide a date and time certain of the facilitation before the court will adjourn the settlement conference. Proof of the facilitation can be emailed to the Court Clerk or the Judicial Attorney.
Page 1 | Final Pre-Trial Order outlining the Court's trial procedure
Adjournment requests beyond the Track 2 dates must be made by motion, with the next available hearing date obtained from the court clerk.
Any adjournment request past the Track #2 dates must be made by motion. The moving party should get the next available motion hearing date from the court clerk at (313) 224-2444 or at korey.pearson@3rdcc.org.
Page 1 | DISCOVERY AND ADJOURNMENTS
Parties may adjourn from Track 1 to Track 2 by stipulation and order that must include the new tracking dates.
Parties can submit a Stipulation and Order to adjourn from Track #1 to Track #2. The Order must include the new tracking dates.
Page 1 | DISCOVERY AND ADJOURNMENTS
Chambers Communication Rules
Parties may request an in-person Final Pre-Trial Conference when trial is set or by email to the Judicial Attorney, including all attorneys of record for consent.
Any party can request an in-person Final Pre-Trial Conference. The request should be made when the trial is set or should be emailed to the Judge's Judicial Attorney via email at lorri.cary@3rdcc.org. All attorneys of record must be included on the email to ensure consent to the request.
Page 1 | FINAL PRE-TRIAL CONFERENCES AND TRIAL
Dispositive motions are scheduled by contacting the Judge's Judicial Attorney by email.
To schedule a dispositive motion, the moving party is to contact the Judge's Judicial Attorney at lorri.cary@3rdcc.org.
Page 1 | DISPOSITIVE MOTIONS
Questions, comments, or concerns should be directed to Judicial Attorney Lorri A. Cary at lorri.cary@3rdcc.org.
If you have any questions, comments or concerns, please contact the Judicial Attorney, Lorri A. Cary at lorri.cary@3rdcc.org.
Page 1 | NOTICE
Parties may request an in-person settlement conference by email to the Judicial Attorney, including all parties of record for consent.
The parties can request an in-person conference via email to the Judge's Judicial Attorney at lorri.cary@3rdcc.org. All parties of record must be included on the email to ensure that there is consent to the request.
Page 1 | SETTLEMENT CONFERENCES AND ADJOURNMENTS