Limits & Logistics
Document Limits
Courtesy Copies
Emergency Motions
Adjournments
- Adjournments are granted based on the age of the case, and a stipulated order or motion should identify the requester and reason.
- Trial dates are firm and will not be adjourned absent extraordinary circumstances.
Request must include
Communication
Chambers
Document Format Requirements1 rule
Each party is responsible for marking his or her exhibits and numbering them consecutively.
Document Filing Requirements17 rules
No orders to show cause will be granted without supporting affidavits.
Please attach to your Objection and Request for De Novo review a copy of the Recommended Order to which you are objecting.
A request for an ex parte order must include an affidavit or verified pleading establishing a proper basis and sufficient facts, and the order must comply with MCR 3.207(B)(5) and/or (6).
Court's wording
MCR 3.207 requires that the moving party submit an affidavit or verified pleading that establishes a proper basis for the entry of an Ex Parte Order. The affidavit or verified pleading must allege sufficient facts to justify issuance of the Ex Parte Order, which should mirror the verified allegations.Ex Parte Orders must also comply with MCR 3.207 (B)(5) and/or (6).
If you are objecting to a recommendation regarding child support, please also attach the calculations provided by the Friend of the Court/Referee.
MCR 3.606 requires that an ex parte motion alleging contempt be supported by an affidavit.
Each party’s witness list should include the names, addresses and telephone numbers of each witness and a summary of the witness’s anticipated testimony.
Change of domicile motions must address the factors set out at MCL 722.31.
Consideration of requests for expedited hearings on a referee docket should be brought to the courtroom. The party requesting an expedited hearing should also provide to the Court the Friend of the Court form requesting an expedited hearing.
Emergency motions must have written approval from the Judge before they will be given an expedited hearing date.
A motion or response which presents an issue of law must be accompanied by a brief citing the authority on which it is based pursuant to MCR 2.119(A)(2).
Any motions regarding spousal support must address the factors set out at Sparks v Sparks, 440 Mich 141; 485 NW2d 893 (1992) with specificity.
All cases in which child support will be determined will require that the parties submit a child support recommendation based on the most current Michigan Child Support Formula.
Always attach a copy of the current support, custody, or parenting time Order to the Motion.
Attorneys should file an appearance in all cases, in addition to filing a pleading or other paper in the case. A separate appearance is required for the county clerk to add an attorney to the distribution list in order to receive electronic notifications such as notices of hearing and orders.
Further, all motions should include supporting documents as to the issue of needs/ability to pay.
Court expects that represented parties prepare a hand-written or typed order immediately after the conclusion of a hearing. Unrepresented litigants must wait for the court/staff to provide a written order.
Be specific in your request for relief.
Filing & Service rules
Filing Timing and Cure Windows
Responses are generally due three business days before the hearing.
Generally, three (3) business days prior to hearing.
Page 1 | Motion Practice
Witness lists must be exchanged at least 14 days before trial unless the Trial Scheduling Order provides otherwise.
Witness lists must be exchanged no later than 14 days before the trial unless the Trial Scheduling Order indicates otherwise.
Page 1 | Trial Practice
Motions in limine must be heard at least two weeks before trial unless the Trial Scheduling Order provides otherwise.
Must be heard at least 2 weeks prior to the trial date, unless a Trial Scheduling Order indicates otherwise.
Page 1 | Motions in limine
Witness lists and exhibit lists must be exchanged at least 14 days before trial unless the Trial Scheduling Order provides otherwise.
The parties are to exchange witness lists and exhibit lists no later than 14 days before the trial unless the Trial Scheduling Order indicates otherwise.
Page 1 | Exhibits
Trial briefs are due one week before trial unless the Trial Scheduling Order provides otherwise.
Trial briefs are due one week in advance of trial, unless a Trial Scheduling Order indicates otherwise.
Page 1 | Trial Practice
Service and Proof of Service Rules
If the Court finds an emergency motion to be a true emergency, it will set the hearing date and time and a service deadline.
If the Court determines the motion to be a true emergency, a date and time for hearing, as well as a deadline for service of the emergency motion, will be set by the Court.
Page 1 | Motion Practice
Courtesy Copy Requirements
Emergency motions should be filed in the Clerk’s office and then the Judge’s copy should be emailed to the courtroom.
Emergency motions should be filed in the Clerk’s office and then the Judge’s copy should be emailed to the courtroom.
Page 1 | Motion Practice
Pre-Motion Conference Requirements
Before filing a motion, counsel must communicate the requested relief to opposing counsel; failure may result in attorney fees or sanctions.
COUNSEL MUST COMMUNICATE THE REQUESTED RELIEF TO OPPOSING COUNSEL PRIOR TO FILING MOTION. Failure to do so will result in court granting attorney fees and/or sanctions.
Page 1 | Motion Practice
Adjournment & Extension Requirements
Trial dates are firm and will not be adjourned absent extraordinary circumstances.
Trial dates are scheduled to be “firm” trial dates and will not be adjourned absent extraordinary circumstances.
Page 1 | Trial Practice
Adjournments are granted based on the age of the case, and a stipulated order or motion should identify the requester and reason.
Granted based on age of case. Parties may submit a Stipulated Order to Adjourn or a Motion to Adjourn, noting who is requesting adjournment and the reason for adjournment.
Page 1 | Settlement/Case Management Conference Procedure
Chambers Communication Rules
A party needing an interpreter or translator must notify the court one week before the next hearing and state the need and required language.
If a party requires an interpreter/translator, the party or counsel for said party must contact the court one (1) week prior to the next hearing date and advise of the need for an interpreter/translator and the language required.
Page 1 | Other courtroom procedures
Do not request an adjournment by telephone; email the courtroom for available dates before submitting the order.
Adjournment requests will not be accepted via telephone. Please email the courtroom for available dates before submitting the order.
Page 1 | Settlement/Case Management Conference Procedure
Attorneys should arrive on time and call court staff with an estimated arrival time if they are running late.
Attorneys should arrive on time. If you are running late, as a courtesy to the Court please call to notify the court staff of your estimated arrival time.
Page 1 | Other courtroom procedures
Attorneys and self-represented litigants should check in with the court clerk when they arrive.
Attorneys and self-represented litigants should check in with the court clerk upon arrival.
Page 1 | Other courtroom procedures
Motion hearing dates are scheduled when an epraecipe is submitted; do not call the courtroom, and use the designated email address as instructed by court staff.
The Court Clerk and/or Judicial Attorney schedules all motions for hearing. The motion is given a hearing date when an epraecipe is submitted. Please do not call the courtroom for a motion date. Court Staff will instruct you to email JudgeFarhat-Court@3rdcc.org.
Page 1 | Motion Practice
If there is a scheduling conflict, obtain the other party’s consent and tell the Court clerk that both parties may arrive after 9:00.
If you have a conflict, obtain the consent of the other party and advise the Court clerk that you will both be arriving at a time later than 9:00 if necessary.
Page 1 | Other courtroom procedures
Counsel for represented parties may contact the court to schedule an early status conference before the case management or settlement conference.
If represented parties require an early intervention/status conference, counsel may contact the court and obtain a date prior to the case management/settlement conference.
Page 1 | Settlement/Case Management Conference Procedure
Parties who settle a divorce or custody action are encouraged to contact the court clerk to schedule a hearing.
Parties who have reached a settlement of their divorce or custody action are encouraged to contact the court clerk to schedule a time for hearing.
Page 1 | Other courtroom procedures