Judge Eric W. Cholack
Individual Rules, Standing Orders & Policies
Limits & Logistics
Courtesy Copies
Emergency Motions
- 1 copy • Email • Upon Filing
Judges Copy
- 1 copy • Email • Upon Filing
Adjournments
- Requests to adjourn a trial must be made by written motion; stipulated orders may also be considered.
- Adjournment requests require a stipulated order signed by both sides stating the reason, the scheduled date, and mediation status, with the return date left blank for the Court to fill in.
- If the other party's consent cannot be obtained for an adjournment, you must either file a motion or appear for the scheduled hearing.
Request must include
Communication
Chambers
Phone
Chambers
Document Format Requirements2 rules
Exhibits must be labeled and sent as individual PDFs or photos; multiple exhibits must not be combined into one document.
Exhibits shall be labeled and sent as individual PDF’s or photos so each exhibit may be considered on its own. DO NOT send multiple exhibits as one document.
Trial exhibits must be electronic, labeled, and separated per the final pretrial order, emailed to chambers, with videos/audio in MP3/MP4 and large exhibits sent via a free cloud drive.
Exhibits: All exhibits are to be in electronic form, labeled, and separated per the final pretrial order and emailed to JudgeCholack-Court@3rdcc.org. Any videos or audio that needs to be submitted must be in MP3/MP4. If your exhibit cannot be emailed due to the size, then sending through a free cloud drive (that does not require an account/sign-in) is the easiest way for the Court to obtain a copy.
Document Filing Requirements1 rule
Consent orders involving minor children require both parties to participate on the record.
Cases with Minor Children require both parties’ participation on the record to enter a consent order involving the child(ren).
Document Type
Consent Order
Filing & Service rules
Electronic Filing Rules
Proposed orders and objections must be emailed to chambers and must not be filed with the clerk's office, which will reject them.
All proposed orders and objections must be sent to JudgeCholack-Court@3rdcc.org (please do not file these as they will be rejected by the clerk’s office).
Page 1 | GENERAL COURTROOM POLICIES
The courtroom is paperless and accepts only electronic copies of orders, Judge's copies, exhibits, and similar items unless stated otherwise.
We are a paperless Courtroom. Thus, we only accept electronic copies of orders, Judge’s copies, exhibits, etc, unless stated otherwise.
Page 1 | GENERAL COURTROOM POLICIES
After determining whether a motion will be heard by the FOC or the Judge, an e-Praecipe must be properly filed with the FOC or Courtroom.
Filing: Please follow the docket directive to determine whether a Motion will be before the FOC or the Judge. Once that is determined, please file a e-Praecipe properly with the FOC or Courtroom. Then follow the Court filing procedures.
Page 1 | MOTION PRACTICE
Filing Timing and Cure Windows
All responses and exhibits must be submitted at least two weeks before the hearing.
Responses and Exhibits: Please submit ALL Responses and Exhibits at least two weeks prior to the hearing.
Page 1 | MOTION PRACTICE
All motions, proofs of service, appearances, and notices of hearing must be filed with the clerk's office before sending a Judge's copy to chambers.
Note: File all motions, proofs of service, appearances, notice of hearings, etc. with the clerk’s office prior to sending a Judge’s copy to JudgeCholack-Court@3rdcc.org.
Page 1 | GENERAL COURTROOM POLICIES
Motions regarding change of school must be filed before April 1 to take effect before the next school year.
Motions Regarding Change of School: Please note these motions must be filed before the first of April if you wish to have the school changed prior to the next school year.
Page 1 | MOTION PRACTICE
Service and Proof of Service Rules
The Court sends all orders via email unless no email address is on file or otherwise specified.
Further, we send all orders out via email unless there is no email address on file or specified otherwise.
Page 1 | GENERAL COURTROOM POLICIES
Courtesy Copy Requirements
Emergency motions must be filed with the Clerk's Office and a Judge's copy emailed to chambers.
Emergency Motions: Please file emergency motions with the Clerk’s Office and email a Judge’s copy to JudgeCholack-Court@3rdcc.org. See Court filing procedures.
Page 1 | MOTION PRACTICE
Judge's copies should be emailed to chambers; filing through the electronic system automatically provides a Judge's copy.
All Judge’s copies should be emailed to JudgeCholack-Court@3rdcc.org (note if you file through the electronic system we will receive a Judge’s copy through the system).
Page 1 | GENERAL COURTROOM POLICIES
Adjournment & Extension Requirements
If the other party's consent cannot be obtained for an adjournment, you must either file a motion or appear for the scheduled hearing.
Note if you cannot get the other parties consent you must either file a motion or appear for your scheduled hearing.
Page 1 | ADJOURNMENTS
Requests to adjourn a trial must be made by written motion; stipulated orders may also be considered.
Adjournments: Request to Adjourn a trial must be made by written motion. Stipulated orders may be considered as well.
Page 1 | TRIAL/EVIDENTIARY HEARINGS
Adjournment requests require a stipulated order signed by both sides stating the reason, the scheduled date, and mediation status, with the return date left blank for the Court to fill in.
Please submit a stipulated order signed by both sides stating the reason for the adjournment, the date you were scheduled, and if mediation has been scheduled/is scheduled (if mediation was required in the prior order). Further, please leave the date blank for us to fill in a return date.
Page 1 | ADJOURNMENTS
Chambers Communication Rules
Failure to appear may result in dismissal unless the Court is contacted by phone or email before 4 PM on the hearing day with an explanation.
Failure to appear may result in the dismissal of the case or motion, unless you contact the Court by phone or email prior to 4PM the day of the hearing with an explanation.
Page 1 | GENERAL COURTROOM POLICIES
The Court cannot accept substantive ex parte communications or give legal advice; the other party must be CC'd on any non-administrative communication with the Court.
Ex Parte Communication with the Court: please note the Court cannot accept emails, letters, phone calls, etc. that are about the substantive issues in your case or give legal advice. Please refrain from ex parte communication as it is against the ethical and court rules. Please make sure the other party is CC’d on any communication with the court that is not simply administrative.
Page 1 | OTHER NOTES
To request a hearing date, email or call the Courtroom after filing the motion; motions are usually heard on Mondays or Thursdays and scheduling is 2-3 months ahead.
Dates: If you would like a date, please email or call the Courtroom AFTER you have filed your motion. Motions are usually heard on Mondays or Thursdays. However, please note we are usually scheduling at least 2-3 months ahead and we do not have control over FOC scheduling.
Page 1 | MOTION PRACTICE
Interpreter requests must be emailed to chambers at least two weeks before the hearing or the hearing may be adjourned.
Interpreters: If either party needs an interpreter for a hearing, please email JudgeCholack-Court@3rdcc.org at least two weeks prior to the hearing or the hearing may need to be adjourned.
Page 1 | GENERAL COURTROOM POLICIES
Parties who cannot access electronic copies should contact the Court by phone or email.
If you cannot access electronic copies please contact us at 313-224-2430 or email JudgeCholack-Court@3rdcc.org
Page 1 | GENERAL COURTROOM POLICIES
Court operating hours are 8:30 AM to 4:30 PM Monday through Friday, with staff unavailable during lunch from 12:30 PM to 2 PM.
Operating Hours: 8:30AM to 4:30PM Monday through Friday, except during holidays. Please note: Lunch is between 12:30PM to 2PM, so court staff may not be available.
Page 1 | GENERAL COURTROOM POLICIES