Court Rules

Limits & Logistics

Document Limits

Brief SummaryCourt-wide
40 pgs

Courtesy Copies

Emergency Motion Judge Copy

  • Email

Judge Copy

  • Email

Adjournments

  • A trial adjournment request must be made by written motion; the Court may also consider stipulated orders.
  • For an adjournment, submit a stipulated order signed by both sides stating the reason and scheduled date, and whether required mediation has been or is scheduled; leave the return-date field blank for the Court.
  • If the other parties do not consent to an adjournment, file a motion or appear at the scheduled hearing.

Request must include

Reason for RequestOriginal Date

Communication

Email

Chambers

judgecholack-court@3rdcc.org
Email

Chambers

judgefarhat-court@3rdcc.org
Phone

Chambers

313-224-2430
Phone
313-224-5255
Filters:

Document Format Requirements3 rules

Formatting

Any videos or audio that needs to be submitted must be in MP3/MP4.

Wayne:6a3209d632951403a7f42360
|SectionTrial/Evidentiary Hearings
Formatting

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.

Wayne:6a3209d632951403a7f42360
|SectionProposed Orders, Objections, Exhibits, and Judge’s Copies
Formatting

Exhibits: All exhibits are to be in electronic form, labeled, and separated per the final pretrial order and emailed to JudgeCholack-Court@3rdcc.org.

Wayne:6a3209d632951403a7f42360
|SectionTrial/Evidentiary Hearings

Document Filing Requirements1 rule

Filing Requirements

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.

Wayne:6a3209d632951403a7f42360
|SectionMotion Practice

Filing & Service rules

Electronic Filing Rules

The Court accepts only electronic copies of orders, Judge’s copies, exhibits, and similar materials unless it states otherwise.

We are a paperless Courtroom. Thus, we only accept electronic copies of orders, Judge’s copies, exhibits, etc, unless stated otherwise.

Page 1 | Paperless Courtroom

Filing Timing and Cure Windows

Parties and counsel must comply with all dates set in the Final Pretrial Order.

All dates are given in advance in a Final Pretrial Order. Parties and counsel are to comply with all dates set in the order.

Page 1 | Trial/Evidentiary Hearings

Submit all responses and exhibits 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

File motions, proofs of service, appearances, notices of hearings, and similar documents with the clerk before sending a Judge’s copy.

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 | Proposed Orders, Objections, Exhibits, and Judge’s Copies

File a motion to change schools before April 1 to have the change 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

Courtesy Copy Requirements

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).

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 | Proposed Orders, Objections, Exhibits, and Judge’s Copies

File emergency motions with the Clerk’s Office and email a Judge’s copy to the Court.

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

Adjournment & Extension Requirements

A trial adjournment request must be made by written motion; the Court may also consider stipulated orders.

Adjournments: Request to Adjourn a trial must be made by written motion. Stipulated orders may be considered as well.

Page 1 | Trial/Evidentiary Hearings

For an adjournment, submit a stipulated order signed by both sides stating the reason and scheduled date, and whether required mediation has been or is scheduled; leave the return-date field blank for the Court.

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

If the other parties do not consent to an adjournment, file a motion or appear at 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

Chambers Communication Rules

To avoid possible dismissal for failing to appear, contact the Court by phone or email with an explanation before 4 p.m. on the hearing day.

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 | Hearing Procedures

Do not communicate ex parte with the Court about substantive case issues or to seek legal advice; the Court cannot accept such communications.

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.

Page 1 | Other Notes

Send proposed orders and objections to the Court by email; do not file them with the clerk because they will be rejected.

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 | Proposed Orders, Objections, Exhibits, and Judge’s Copies

Copy the other party on every communication with the Court that is not purely administrative.

Please make sure the other party is CC’d on any communication with the court that is not simply administrative.

Page 1 | Other Notes

If an exhibit is too large to email, the Court recommends sending it through a free cloud drive that does not require an account or sign-in.

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.

Page 1 | Trial/Evidentiary Hearings

A party needing an interpreter should email the Court at least two weeks before the hearing, or the hearing may need to 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 | Hearing Procedures

For state-initiated cases whose year is followed by 15 or 16, address all pre-judgment matters to Presiding Judge Farhat by email.

Cases with the year then 15 or16 are state initiated cases (Example- 23-151234-DS), thus all pre-judgment matters should be addressed with the Presiding Judge of the Family Division, Judge Farhat at JudgeFarhat-Court@3rdcc.org.

Page 1 | General Courtroom Policies

To request a hearing date, email or call the Courtroom after filing the motion.

Dates:  If you would like a date, please email or call the Courtroom AFTER you have filed your motion.

Page 1 | Motion Practice

If you cannot access electronic copies, 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 | Paperless Courtroom

Email the Court with further questions or issues about trial or evidentiary-hearing exhibits.

Please email us at JudgeCholack-Court@3rdcc.org if you have any further questions or issues.

Page 1 | Trial/Evidentiary Hearings

Court operating hours are 8:30 a.m. to 4:30 p.m. weekdays except holidays, and staff may not be available during lunch from 12:30 p.m. to 2 p.m.

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

Contact Court Reporting Services by phone to request transcripts.

Requesting Transcripts: Please contact Court Reporting Services at 313-224-5255

Page 1 | Court Reporter

Court-wide rules

Applies court-wide

These 66 rules apply across Third Judicial Circuit Court of Michigan. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Filing Requirements

All 26
  • Applies to
    Brief summary

    The mediator may require each party to submit a brief summary not to exceed 40 pages inclusive of summary and exhibits outlining the disputed facts and issues in the case.

  • Applies to
    Mediation status report or failure to appear report

    At the end of mediation, the mediator must deliver a completed status or failure-to-appear report to the judge, limited to the specified participation and case-status information.

  • Applies to
    Adr order

    An ADR referral order must provide for selection of the provider, timing, and payment, and may require attendance.

Filing Timing

All 21
  • Parties may object to the designated mediator and stipulate to an alternate within 14 days of the mediation order.

  • Parties may stipulate in writing to an alternate mediator within 14 days of the mediation order.

  • Parties may present a stipulated order to amend the pleadings and transfer the case within 14 days of the mediation order.

Fees

All 9
  • The mediator may charge reasonable compensation based on experience and usual rates for a mediation of up to two hours, and each party is responsible for a pro-rata share unless otherwise provided.

  • Each party must pay any deposit or cancellation fee set by the mediator directly to the assigned mediator at the time the mediator directs.

  • Fee
    100

    Parties who enter an order settling or removing the case from mediation and give the mediator at least five days' written notice owe no mediation fee; without timely notice, each party owes a $100 cancellation fee.

Service

All 7
  • Applies to
    Order for mediation
    Service
    Electronic service to all parties

    The Court must electronically serve the Order for Mediation on the parties unless a party has been excused from eFiling.

  • The ADR Clerk must promptly send the affected counsel or self-represented party a fee-demand letter by first-class mail or email.

  • Applies to
    Order
    Service
    Mail

    The ADR Clerk must serve the order and amount-owing certification by first-class mail and file a certificate of mailing with the court clerk.

About Judge Eric W. Cholack

Eric W. Cholack is a district judge on the Third Judicial Circuit Court of Michigan, the state trial court serving Wayne County. The court handles a wide range of civil and criminal trial matters.

This judge's procedures are published through the court's general rules.

Common questions about Judge Eric W. Cholack's rules

Are courtesy copies required for Judge Eric W. Cholack?

Courtesy-copy rule applies for judge copys. Details: by email. 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).

View ruleSource: page 1, section Proposed Orders, Objections, Exhibits, and Judge’s Copies

What formatting rules apply to filings before Judge Eric W. Cholack?

Judge Eric W. Cholack's formatting rule includes exhibits must be labeled and sent as individual pdfs or photos so each can be considered on its own. and do not send multiple exhibits as one document.. Label exhibits and send each as an individual PDF or photo; do not combine multiple exhibits into one document.

View ruleSource: page 1, section Proposed Orders, Objections, Exhibits, and Judge’s Copies

What must be included with e praecipe filings before Judge Eric W. Cholack?

Follow the docket directive to determine whether the FOC or Judge will handle the motion, file an e-Praecipe with the appropriate office, and then follow the Court’s filing procedures.

View ruleSource: page 1, section Motion Practice

How may parties contact Judge Eric W. Cholack's chambers?

To avoid possible dismissal for failing to appear, contact the Court by phone or email with an explanation before 4 p.m. on the hearing day.

View ruleSource: page 1, section Hearing Procedures

How do I request an adjournment or extension before Judge Eric W. Cholack?

A trial adjournment request must be made by written motion; the Court may also consider stipulated orders.

View ruleSource: page 1, section Trial/Evidentiary Hearings

Is electronic filing required before Judge Eric W. Cholack?

Yes. Electronic filing is required for the covered filings. The Court accepts only electronic copies of orders, Judge’s copies, exhibits, and similar materials unless it states otherwise.

View ruleSource: page 1, section Paperless Courtroom

What filing deadlines does Judge Eric W. Cholack set?

Submit all responses and exhibits at least two weeks before the hearing.

View ruleSource: page 1, section Motion Practice
Complete rules summary for Judge Eric W. Cholack

Court operating hours are 8:30 a.m. to 4:30 p.m. weekdays except holidays, and staff may not be available during lunch from 12:30 p.m. to 2 p.m.

To avoid possible dismissal for failing to appear, contact the Court by phone or email with an explanation before 4 p.m. on the hearing day.

Follow the docket directive to determine whether the FOC or Judge will handle the motion, file an e-Praecipe with the appropriate office, and then follow the Court’s filing procedures.

A party needing an interpreter should email the Court at least two weeks before the hearing, or the hearing may need to be adjourned.

The Court accepts only electronic copies of orders, Judge’s copies, exhibits, and similar materials unless it states otherwise.

If you cannot access electronic copies, contact the Court by phone or email.

Send proposed orders and objections to the Court by email; do not file them with the clerk because they will be rejected.

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).

Label exhibits and send each as an individual PDF or photo; do not combine multiple exhibits into one document.

File motions, proofs of service, appearances, notices of hearings, and similar documents with the clerk before sending a Judge’s copy.

To request a hearing date, email or call the Courtroom after filing the motion.

Submit all responses and exhibits at least two weeks before the hearing.

File emergency motions with the Clerk’s Office and email a Judge’s copy to the Court.

File a motion to change schools before April 1 to have the change take effect before the next school year.

Parties and counsel must comply with all dates set in the Final Pretrial Order.

A trial adjournment request must be made by written motion; the Court may also consider stipulated orders.

Do not communicate ex parte with the Court about substantive case issues or to seek legal advice; the Court cannot accept such communications.

Trial exhibits must be electronic, labeled, separated as directed by the Final Pretrial Order, and emailed to the Court.

Submitted video or audio must be in MP3 or MP4 format.

If an exhibit is too large to email, the Court recommends sending it through a free cloud drive that does not require an account or sign-in.

Email the Court with further questions or issues about trial or evidentiary-hearing exhibits.

For an adjournment, submit a stipulated order signed by both sides stating the reason and scheduled date, and whether required mediation has been or is scheduled; leave the return-date field blank for the Court.

If the other parties do not consent to an adjournment, file a motion or appear at the scheduled hearing.

For state-initiated cases whose year is followed by 15 or 16, address all pre-judgment matters to Presiding Judge Farhat by email.

Copy the other party on every communication with the Court that is not purely administrative.

Contact Court Reporting Services by phone to request transcripts.

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