Limits & Logistics
Document Limits
Courtesy Copies
Drivers License Restoration Motions
- Five Days Before Hearing
Joint Final Pretrial Order
- Three Days Before Final Pretrial
Summary Disposition Motions
- Within 24 Hours
Adjournments
- An adjournment of case evaluation must be requested by motion, rather than stipulation.
- Attorneys may stipulate to adjourn the first settlement conference if they will facilitate, and the stipulated order must identify the facilitator, facilitation date within 90 days, and new conference date obtained from the clerk.
- Further settlement-conference adjournments, and a first adjournment exceeding 90 days, require a motion.
- +8 more
Request must include
Communication
Phone
Clerk
Page & Word Limits2 rules
Motion and Brief must not be more than 20 pages; clearly labeled exhibits are limited to 40 pages.
- Motion or brief
- Up to 20 pages
- Exhibits
- Up to 40 pages
Reply Briefs are limited to five (5) pages.
- Reply brief
- Up to 5 pages
Document Format Requirements2 rules
All Exhibits should be tabbed individually.
Unless Ordered otherwise by the Court, all Settlement Conferences are via Zoom.
Document Filing Requirements10 rules
Required for Business Court cases.
A new notice-of-hearing must be e-filed, as well as an e-praecipe (do not check the box for adjournment).
A joint Final Pre-Trial order must be e-filed seven (7) days prior to trial or as determined by the Court.
Once given the new date the moving party must file a new Praecipe (do not check the box for adjournment) and a new notice of hearing.
Make sure your stipulated Order reflects the original dates and the new adjourned dates.
However, if the jury instructions are not standard, then, on the first day of the trial, parties must submit request for special jury instruction and a jury verdict form.
If viewing the hearing does not help, then order a copy of the transcript from the Court Reporter. Once you have your transcript of the hearing, file a Motion for Entry of Order with the transcript attached.
Given this fact, when filing your MSD, note on your Notice of Hearing and Praecipe that the hearing will be heard “on a date to be set by the Court.”
Verdict form should be stipulated to by the parties prior to closing arguments.
In a jury trial, no written request for jury instruction has to be filed if a party is relying on all standard jury instructions.
Filing & Service rules
Electronic Filing Rules
The joint final pretrial order must be electronically filed.
A joint Final Pre-Trial order must be e-filed seven (7) days prior to trial or as determined by the Court.
Page 1 | Final Pretrial Conferences
Filing Timing and Cure Windows
The Court will not entertain an MSD filed more than 30 days after case evaluation without prior permission.
Judge Ewell does not entertain MSD’s which are filed more than 30 days after case evaluation without prior permission of the Court.
Page 1 | MOTIONS FOR SUMMARY DISPOSITION
Responses to non-summary-disposition motions are due five days before the hearing; a response not filed as required may result in the motion being treated as unopposed.
Responses to non-summary disposition motions are due five (5) days prior to the hearing. If a response to a motion is not filed as provided by the court rules, the Court will treat the motion as unopposed.
Page 1 | GENERAL MOTION PRACTICE
The joint final pretrial order is due seven days before trial unless the Court sets another deadline.
A joint Final Pre-Trial order must be e-filed seven (7) days prior to trial or as determined by the Court.
Page 1 | Final Pretrial Conferences
Motions in limine and responses must be filed according to the timeframes in 2.119.
File your Motions in Limine and the Responses using the timeframes in 2.119.
Page 1 | MOTIONS IN LIMINE
Settlement conferences are scheduled 42 days after case evaluation, on Thursday at 9:15 a.m.
Settlement conferences are scheduled 42 days after case evaluation on Thursday at 9:15 am.
Page 1 | SETTLEMENT CONFERENCE PROCEDURE
After the judge rules on a motion, make every effort to enter the order promptly under MCR 2.602(B).
Once the Judge rules on your Motion, make every effort to enter your Order promptly following the provisions of MCR 2.602(B).
Page 1 | MOTIONS FOR ENTRY OF ORDER AFTER A HEARING
Summary-disposition motions under subsections such as (C)(7) or (C)(8) may be filed before discovery closes.
MSD's pursuant to another subsection such as (C)(7) or (C)(8) can be filed before the close of discovery.
Page 1 | MOTIONS FOR SUMMARY DISPOSITION
Service and Proof of Service Rules
Plaintiff’s counsel is responsible for serving the defendant.
___Court _X_Plaintiff counsel
Page 1 | STATUS CONFERENCE PROCEDURE
Courtesy Copy Requirements
A hard copy of each summary-disposition motion must be submitted to the court within 24 hours of e-filing.
A hard copy of the motion (s) must be submitted to the court within 24 hours of the e-filing;
Page 1 | MOTIONS FOR SUMMARY DISPOSITION
A hard copy of a driver’s-license-restoration motion is requested five days before the hearing.
The judge requests a hard copy of the motion for Driver's License Restoration. The hard copy of the motion is due five (5) days before the hearing.
Page 1 | MOTIONS FOR DRIVER'S LICENSE RESTORATION
A hard copy of the joint final pretrial order must be submitted to the Court three days before the final pretrial conference.
A Hard copy must be submitted to the Court three (3) days prior to final pre-trial.
Page 1 | Final Pretrial Conferences
A judge’s copy is not required for a motion, except for an MSD or when the Court requests one.
Except for MSD no Judge's copy is required for a Motion unless the Court requests it.
Page 1 | GENERAL MOTION PRACTICE
Pre-Motion Conference Requirements
Motions for Summary Disposition (MSD) pursuant to MCR 2.116(C)(10) should not be filed until Discovery is closed. A party may seek permission to file a (C)(10) before Discovery closes by filing a Motion.
Motions for Summary Disposition (MSD) pursuant to MCR 2.116(C)(10) should not be filed until Discovery is closed. A party may seek permission to file a (C)(10) before Discovery closes by filing a Motion.
Page 1 | MOTIONS FOR SUMMARY DISPOSITION
For discovery disputes, parties should try to stipulate to an order; otherwise, file the motion, obtain a Discovery Master recommendation, and then schedule a hearing with the courtroom clerk and file a praecipe and notice of hearing.
The parties should try to stipulate to an Order Compelling Discovery. If this is not possible, file your motion to compel and then schedule a hearing time before one of the FREE Discovery Masters. The mediation tribunal has the contact information for the Discovery Masters. This person will assist in resolving the Discovery dispute. They will make a recommendation and will transmit it to the Judge, if the parties cannot agree on a course of action. Once the recommendation is made, schedule your hearing with Judge Ewell’s Courtroom Clerk. File a Praecipe and a Notice of Hearing for the date given to you.
Page 1 | MOTIONS TO COMPEL
Adjournment & Extension Requirements
An appeal adjournment may occur only with court approval.
Adjournment policy: Only upon court approval.
Page 1 | Appeal
Attorneys may stipulate to adjourn the first settlement conference if they will facilitate, and the stipulated order must identify the facilitator, facilitation date within 90 days, and new conference date obtained from the clerk.
Attorneys may stipulate to adjourn the first Settlement Conference provided they are willing to facilitate. The stipulated order must include: (1) name of the facilitator; (2) date of facilitation (within 90 days of the first settlement conference date); and (3) new settlement conference date (obtained from the Court Clerk).
Page 1 | SETTLEMENT CONFERENCE PROCEDURE
Other scheduling-order adjournments, such as moving dates from Track 2 to Track 3, require a Motion to Adjourn Dates.
If the parties require any other type of adjournment of the Scheduling Order such as moving dates from Track 2 to Track 3, a Motion to Adjourn Dates must be filed.
Page 1 | MOTIONS TO ADJOURN SCHEDULING DATES
Only the moving party may adjourn or dismiss a driver’s-license-restoration matter through the clerk, as scheduled by the judge.
Only the moving party can adjourn or dismiss through the clerk, as scheduled by the judge.
Page 1 | MOTIONS FOR DRIVER'S LICENSE RESTORATION
The court must be notified by telephone of a motion adjournment request, and the courtroom clerk will provide a new motion date.
The court must be notified, by telephone, of the adjournment request; the Courtroom clerk will give you a new motion date.
Page 1 | GENERAL MOTION PRACTICE
Summary-disposition adjournments must be arranged with the courtroom clerk, and require a newly e-filed notice of hearing and e-praecipe without the adjournment box checked.
Adjournments must be done with the Courtroom clerk. A new notice-of-hearing must be e-filed, as well as an e-praecipe (do not check the box for adjournment).
Page 1 | MOTIONS FOR SUMMARY DISPOSITION
Further settlement-conference adjournments, and a first adjournment exceeding 90 days, require a motion.
A motion is required for further adjournments or first adjournment of more than 90 days.
Page 1 | SETTLEMENT CONFERENCE PROCEDURE
An adjournment of case evaluation must be requested by motion, rather than stipulation.
___ Stipulation _X_ Motion
Page 1 | STATUS CONFERENCE PROCEDURE
Adjournment of the final pretrial conference or trial requires a motion, and the court must be contacted for the next available motion date.
Adjournment of Final Pre-Trial and Trial must be made by motion. Contact the court for the next available motion date.
Page 1 | Final Pretrial Conferences
Requests to extend the appeal briefing schedule are determined case by case.
Request for extension of the briefing schedule are determined on case-by-case basis
Page 1 | Appeal
The Parties can mutually agree to stipulate to an Order to move the Scheduling dates from Track 1 to Track 2. Make sure your stipulated Order reflects the original dates and the new adjourned dates.
The Parties can mutually agree to stipulate to an Order to move the Scheduling dates from Track 1 to Track 2. Make sure your stipulated Order reflects the original dates and the new adjourned dates.
Page 1 | MOTIONS TO ADJOURN SCHEDULING DATES
Chambers Communication Rules
Notify the court by telephone to request a motion adjournment; the courtroom clerk provides the new date.
The court must be notified, by telephone, of the adjournment request; the Courtroom clerk will give you a new motion date.
Page 1 | GENERAL MOTION PRACTICE
Summary-disposition adjournments must be arranged with the courtroom clerk.
Adjournments must be done with the Courtroom clerk.
Page 1 | MOTIONS FOR SUMMARY DISPOSITION
Other settlement-conference adjustments must be arranged with the clerk and are handled case by case.
Any other adjustments must be arranged with the clerk and is done on a case-by-case basis.
Page 1 | SETTLEMENT CONFERENCE PROCEDURE
Contact the court to obtain the next available motion date for an adjournment request.
Contact the court for the next available motion date.
Page 1 | Final Pretrial Conferences
The moving party must act through the clerk to adjourn or dismiss a driver’s-license-restoration matter.
Only the moving party can adjourn or dismiss through the clerk, as scheduled by the judge.
Page 1 | MOTIONS FOR DRIVER'S LICENSE RESTORATION
Obtain a hearing date from the courtroom clerk for the motion for entry of order.
Get a hearing date from the Courtroom Clerk.
Page 1 | MOTIONS FOR ENTRY OF ORDER AFTER A HEARING