Limits & Logistics
Document Limits
Courtesy Copies
Motion
- When Filed
Reconsideration Motions
Adjournments
- A request to adjourn case evaluation should be made at least 14 days before the scheduled evaluation; otherwise the parties are responsible for late fees.
- 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.
Communication
Clerk
Chambers
Phone
Clerk
Page & Word Limits2 rules
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.
- Motion
- Up to 25 pages
- Brief
- Up to 25 pages
- Summary disposition motions
Exception
More pages with leave of court
Exhibits are limited to 125 pages. Any party seeking to exceed the page limitation for exhibits must seek leave from the court.
- Exhibits
- Up to 125 pages
Exception
More pages with leave of court
Document Format Requirements1 rule
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 Filing Requirements4 rules
A reconsideration-motion praecipe must contain the specified calendar request, Judge's name and bar number, a date one week after filing, the 2:00 p.m. time, and a comment line.
Court's wording
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 Comment:
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 ____________."
Parties can submit a Stipulation and Order to adjourn from Track #1 to Track #2. The Order must include the new tracking dates.
A Stipulation and Order for a case-evaluation adjournment must include the stated late-fee language.
Court's wording
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. A Stipulation and Order must contain that language.
Filing & Service rules
Electronic Filing Rules
Filings in Wayne County Circuit Court are handled through e-filing.
WAYNE COUNTY CIRCUIT COURT IS AN E-FILE COURT.
Civil cases
Page 1 | COURT ROOM PROCEDURES
Proof of service of process must be e-filed or appear in the Register of Actions by the scheduled status conference 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.
Civil cases
Page 1 | STATUS CONFERENCES
Filing Timing and Cure Windows
If a dispositive-motion scheduling request is untimely, the moving party must file a motion for leave to file a late request; the clerk will provide the next available hearing date.
If the request is untimely, a motion for leave to file a late request must be filed and the court clerk will provide the next available hearing date.
Civil cases
Page 1 | DISPOSITIVE MOTIONS
The JFPTO must be filed by the applicable deadline.
The JFPTO must be timely filed.
Civil cases
Page 1 | FINAL PRE-TRIAL CONFERENCES AND TRIAL
The moving party must file a praecipe when filing a motion for reconsideration to notify the court that the motion was filed.
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.
Civil cases
Page 1 | MOTIONS FOR RECONSIDERATION
Proof of service of process must be on file or appear in the Register of Actions by the scheduled status conference; otherwise 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.
Civil cases
Page 1 | STATUS CONFERENCES
The moving party must ensure the praecipe is accepted and the motion is scheduled; an unaccepted praecipe means the motion will not be heard on the stated date.
The court doesn't receive notice of any pleadings which require a hearing until the praecipe has been accepted and the motion scheduled. 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.
Civil cases
Page 1 | ALL MOTIONS EXCEPT SUMMARY DISPOSITION MOTIONS AND RECONSIDERATIONS
Motions, responses, and replies must be filed on time under the applicable Michigan Court Rules.
All motions, responses and reply's must be timely filed pursuant to the applicable Michigan Court Rules.
Civil cases
Page 1 | ALL MOTIONS EXCEPT SUMMARY DISPOSITION MOTIONS AND RECONSIDERATIONS
Dispositive motions must be scheduled within 30 days after case evaluation or the first facilitation, whichever occurs 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.
Civil cases
Page 1 | DISPOSITIVE MOTIONS
Filing Fees and Waivers
The parties are responsible for late fees if a case-evaluation adjournment request is not made at least 14 days before the scheduled evaluation.
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.
Civil cases
Page 1 | CASE EVALUATION AND OPT OUT
Courtesy Copy Requirements
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.
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.
Civil cases
Page 1 | DISPOSITIVE MOTIONS
A Judge's copy of a reconsideration motion must be mailed or delivered to the courtroom; if the doors are locked, it should be placed in the drop box outside.
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.
Civil cases
Page 1 | MOTIONS FOR RECONSIDERATION
For motions other than summary-disposition motions and reconsideration motions, Judge's copies must be mailed or dropped off at court; if the courtroom doors are locked, copies may be left in the box outside.
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.
Civil cases
Page 1 | ALL MOTIONS EXCEPT SUMMARY DISPOSITION MOTIONS AND RECONSIDERATIONS
Pre-Motion Conference Requirements
No response or oral argument is permitted on a reconsideration motion unless the court orders otherwise.
Pursuant to MCR 2.119(F)(2), NO RESPONSE may be filed and there is NO oral argument, unless the court Orders otherwise.
Civil cases
Page 1 | MOTIONS FOR RECONSIDERATION
Motions scheduled for 8:30 a.m. are decided on the pleadings unless the Judge orders oral argument, in which case the parties receive an order setting the hearing.
Motions for Summary Disposition, Show Cause Motions and Special Conferences will be heard via zoom on Friday's at 10:00 am. ALL motions scheduled for 8:30 am are decided on the pleadings only, pursuant to MCR 2.119(E)(3). After review of the motion, if the Judge decides oral argument is necessary then the parties will receive an Order from the Judge with the date and time for the hearing.
Civil cases
Page 1 | NOTICE
Adjournment & Extension Requirements
An adjournment request past the Track #2 dates must be made by motion.
Any adjournment request past the Track #2 dates must be made by motion.
Civil cases
Page 1 | DISCOVERY AND ADJOURNMENTS
Parties may seek an adjournment from Track #1 to Track #2 by submitting a Stipulation and Order that includes 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.
Civil cases
Page 1 | DISCOVERY AND ADJOURNMENTS
The court will not adjourn a settlement conference for facilitation unless the parties provide a definite date and time for the facilitation first.
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.
Civil cases
Page 1 | Final Pre-Trial Order outlining the Court’s trial procedure
A request to adjourn case evaluation should be made at least 14 days before the scheduled evaluation; otherwise the parties are 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.
Civil cases
Page 1 | CASE EVALUATION AND OPT OUT
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.
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.
Civil cases
Page 1 | SETTLEMENT CONFERENCES AND ADJOURNMENTS
Chambers Communication Rules
The moving party must obtain the next available hearing date from the clerk and must not file a motion with a date to be determined by the court; contact the clerk at the listed phone number or email.
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." The court doesn't receive notice of any pleadings which require a hearing until the praecipe has been accepted and the motion scheduled. The moving party is to contact the court clerk at (313) 224-2444 or at korey.pearson@3rdcc.org for the next available motion hearing date.
Civil cases
Page 1 | ALL MOTIONS EXCEPT SUMMARY DISPOSITION MOTIONS AND RECONSIDERATIONS
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.
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.
Civil cases
Page 1 | SETTLEMENT CONFERENCES AND ADJOURNMENTS
To schedule a dispositive motion, the moving party must contact the Judge's Judicial Attorney at lorri.cary@3rdcc.org.
To schedule a dispositive motion, the moving party is to contact the Judge's Judicial Attorney at lorri.cary@3rdcc.org.
Civil cases
Page 1 | DISPOSITIVE MOTIONS
A party may request an in-person Final Pre-Trial Conference when trial is set or by emailing the Judicial Attorney; all attorneys of record must be included, and granting depends on the Judge's docket.
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. The request will be granted depending on the Judge's trial and conference docket.
Civil cases
Page 1 | FINAL PRE-TRIAL CONFERENCES AND TRIAL
Parties may request an in-person settlement conference by emailing the Judicial Attorney and including all parties of record to establish consent; granting depends on the Judge's trial docket.
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. The request will be granted depending on the Judge's trial docket.
Civil cases
Page 1 | SETTLEMENT CONFERENCES AND ADJOURNMENTS
For an adjournment request past the Track #2 dates, the moving party should contact the court clerk for the next available motion hearing date at (313) 224-2444 or korey.pearson@3rdcc.org.
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.
Civil cases
Page 1 | DISCOVERY AND ADJOURNMENTS
Questions, comments, or concerns may be directed to Judicial Attorney Lorri A. Cary by email 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.
Civil cases
Page 1 | NOTICE
Proof of facilitation may be emailed to the Court Clerk or the Judicial Attorney.
Proof of the facilitation can be emailed to the Court Clerk or the Judicial Attorney.
Civil cases
Page 1 | Final Pre-Trial Order outlining the Court’s trial procedure