Judge John H. Gillis Jr.
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Motion
- Upon Filing
Motion, Opposition, Reply
- Upon Filing
Document Format Requirements2 rules
Exhibits must be tabbed to be accepted by the court.
The hearing date must be placed in the upper right-hand corner of every judge's copy of a motion, response, reply, or supplemental pleading.
The HEARING DATE of the Motion must be placed in upper right-hand corner of every Judge's copy of a Motion, Response, Reply, or supplemental pleading e-filed.
Document Filing Requirements13 rules
Orders submitted on the hearing date or under the Seven-Day Rule must include the hearing date in the first paragraph.
7 Day Order: If an attorney is submitting an Order for entry on the date of the motion hearing, or is filing a proposed Order under the Seven-Day Rule, make sure the date of the hearing is contained in the first paragraph of the Order.
Document Type
Order
Any motion referencing a deposition or hearing transcript must include the entire transcript as an exhibit, using the 4:1 format.
If any motion makes reference to the transcript of a deposition, hearing, etc., the entire transcript is to be submitted as an exhibit to that motion. Please use the 4:1 format when submitting.
Document Type
Motion
To be docketed, a motion must comply with Michigan Court Rules, include an e-praecipe and judge's hard copy, and all exhibits must be tabbed.
Requirements for motion to be docketed: The motion must comply with the Michigan Court Rules. An e-praecipe and judge's hard copy of all motions, answers, and replies is required for a motion to be added to the docket. All exhibits must be tabbed.
Document Type
Motion
An order to withdraw as counsel must be submitted by the attorney, state the effective date, that plaintiff must seek alternate counsel or appear pro se, and include all contact information.
Order to Withdraw as Counsel/Attorney must contain specific language: Must be submitted by the Attorney requesting to withdraw. Must state the effective date counsel withdrew, that plaintiff is to seek alternate counsel or file an appearance as pro se. All contact information including phone number, address, and email address must also be included in the order. Based on the status of case, an attorney being allowed to withdraw may result in the Court placing a temporary stay on the case or the adjournment of other motions and dates.
Document Type
Order
Parties must send a judge's hard copy of the claim of appeal/leave for appeal packet.
Parties must send a judge’s hard copy of their claim of appeal/leave for appeal packet for the court to be aware an appeal has been filed.
Document Type
Appeal
Jury instructions must comply with MCR 2.512 and 2.513; bring hard copies and USB copies of model and proposed instructions to court on first day of trial.
Instructions must comply with the form and content requirements of MCR 2.512 and MCR 2.513(A) and (N)(3). Counsel shall provide updated jury instructions from the Official SCAO website: https://www.courts.michigan.gov/4aaebc/siteassets/rules-instructions-administrative-orders/jury-instructions/civil/current/model-civil-jury-instructions.pdf Counsel shall bring a hard copy of both the model jury instructions and any proposed amendments to Court on the first day of trial. Counsel shall also bring a copy of both sets of instructions on a USB Flash Drive.
Document Type
Jury Instructions
The notice of hearing for motions must indicate whether the motion will be heard via Zoom or in person.
The notice of hearing for motions must indicate whether the motion will be heard via ZOOM or In-Person.
Document Type
Notice Of Motion
Motions for reconsideration require a judge's hard copy and an e-praecipe set for 3 weeks out; oral argument is not permitted unless the Court grants leave.
present. Motions for Reconsideration: A judge’s hard copy must be provided for the motion to be heard.The moving party must e-file an e-praecipe at the same time the motion is filed set for 3 weeks out. Per MCR 2.119(F)(2). parties are not permitted oral argument on a Motion for Reconsideration unless the Court grants leave.
Document Type
Motion
Counsel shall bring proposed verdict forms and a hard copy of both the model jury instructions and any proposed amendments to Court on the first day of trial. Counsel shall also bring a copy of both sets of instructions on a USB Flash Drive.
Counsel shall bring proposed verdict forms Counsel should bring a hard copy of both the model jury instructions and any proposed amendments to Court on the first day of trial. Counsel shall also bring a copy of both sets of instructions on a USB Flash Drive.
Document Type
Verdict Form
Non-dispositive motions without oral arguments are heard Friday at 9:00 a.m.; the notice of hearing must indicate the motion will be held without oral arguments.
Non-dispositive motions without oral arguments are heard on Friday morning at 9:00 a.m. The notice of hearing is to indicate the motion will be held without oral arguments. It is not sufficient to state “Before the Judge in his Court.”
Document Type
Notice Of Motion
Summary disposition motions must include a notice of hearing with 'Date to be Determined by the Court' and an e-praecipe dated two weeks out; a judge's hard copy is also required.
heard:Summary disposition motions are to be filed with a notice of hearing indicating “Date to be Determined by the Court” and an e-praecipe dated two weeks out as a place holder. Once the court has received a judge’s hard copy and the e-praecipe, a scheduling order will be issued.
Document Type
Motion
The final pre-trial statement must contain specified items including claims, defenses, stipulated facts, issues, witnesses, special damages, and estimated trial length.
The proposed FPTS shall contain the following, under appropriate captions, in the order indicated: (1) A concise statement of plaintiff’s claim, including legal theories. (2) A concise statement of defendant’s defenses and claims, including claims of third-party plaintiffs, and defenses of third-party defendants, including legal theories. (3) A recitation of any facts or other matters which the parties have stipulated or admitted. (4) Issues of fact remaining to be litigated. (5) Issues of law to be litigated. (6) Evidence problems likely to arise at trial. (7) Witnesses: Indicate which witnesses will be called in the absence of reasonable notice to opposing counsel to the contrary, and which witnesses may be called. Generic listing of witnesses is not acceptable. Failure to list witnesses will bar their production at trial. (A) Witnesses for plaintiff, listed by category, as follows: 1. Live lay witnesses 2. Lay Depositions 3. Live Expert Witnesses 4. Expert Depositions 5. List of plaintiff’s exhibits (B) Witnesses for defendant, listed by category as follows: 1. Live Lay Witnesses 2. Lay Depositions 3. Live Expert Witnesses 4. Expert Depositions 5. List of defendant’s exhibits (8) An itemized statement of special damages. Counsel shall, to the extent possible, stipulate to the items not in dispute. (9) Estimated length of trial. 1. Time for plaintiff’s proofs 2. Time for defendant’s proofs 3. Indicate whether it is a jury or non-jury trial
Document Type
Final Pre Trial Statement
Unless all claims are sum certain, parties must submit a SCAO MC07 form for the court clerk's signature.
Unless ALL claims on the suit can be filed as sum certain, parties are to submit a SCAO MC07 form to be signed by the court clerk.
Document Type
Default Judgment
Filing & Service rules
Filing Timing and Cure Windows
Summary disposition motions must be filed within 18 months of the complaint; later filings require a motion for leave, and no hearing within 30 days of trial.
Effective December 1, 2022, summary dispositions must be filed within 18 months of the complaint. All MSDs filed after that date require a motion for leave to late file a summary disposition. No summary disposition motions shall be heard within 30 days of trial.
Page 1 | Motion for Summary Disposition Procedure
Within 7 days of the praecipe ruling being posted or oral argument, the moving party must submit a formal order for the judge's signature that comports with the ruling and includes all relief.
Upon receiving the praecipe order: Moving party must submit a formal order for judge's signature within 7 days of the praecipe ruling being posted to the ROA or oral arguments being held. The order must comport with the judge's ruling, and if the motion is granted, must also include all relief to which a party is entitled.
Page 1 | Cases with Pro Se Litigants
The final pre-trial statement must be submitted no later than two weeks before trial.
Plaintiff and Defendant are responsible for convening and preparing the FPTS. It shall be submitted no less than two weeks before trial.
Page 1 | 2. FINAL PRE-TRIAL STATEMENT – JOINTLY PREFERRED
After a bench ruling, the moving party must submit a formal order within one week.
Once the judge gives his bench ruling, the moving party is submit a formal order that comports within one week.
Page 1 | Motion Practice
Within one week of a praecipe ruling, the moving party must submit a formal order conforming to the ruling and outlining relief.
For all motions without oral argument: the Judge’s praecipe ruling is NOT a substitution for a formal order. Within one week of the praecipe ruling has being issued, the moving party is to submit an order that conforms with the praecipe and outlines any relief to which the moving party is entitled to if the motion is granted.
Page 1 | Motion Practice
Attorneys must wait at least 21 days after submitting proof of service of the initial default before filing a motion for default judgment.
Attorneys must allow at least 21 days from the date the proof of service regarding the initial default was submitted before filing the motion for entry of default judgement to allow time for service and a Response to be filed.
Page 1 | Default Entry and Default Judgment Motions Procedure
Responses to motions must be e-filed and paper copy received by the Tuesday before the hearing.
Unless told otherwise by the court. responses shall be e-filed and a paper copy (Judge’s Copy) received, no later than the Tuesday before the hearing.
Page 1 | Motion Practice
Appeals must be resolved within 6 months of filing.
All appeals must be resolved within 6 months of filing according to the Court's internal policy guidelines.
Page 1 | Appeals
Parties must notify opposing counsel and the court of any deposition use by the Thursday before trial.
If a party intends to utilize any deposition, the party shall notify opposing counsel and the court no later than the Thursday prior to trial.
Page 1 | 4. DEPOSITIONS
Allow at least 7 days for first class mail and 2 days for overnight express mail to reach the courtroom.
Please leave at least 7 days for first class mail to reach courtroom. Overnight express mail goes to Central Mailing prior to the Circuit Court so 2 days are needed for it to reach the courtroom.
Page 1 | Mail Delivery to Courthouse
Motions in limine are heard on the first day of trial; notify the court if filed within 7 days of trial.
Unless otherwise directed by court, motions in limine will be heard on the first day of trial. The court should be notified of any motions in limine filed 7 or less days prior to trial.
Page 1 | 3. MOTIONS IN LIMINE
Oral arguments in appeals are scheduled approximately 7 to 21 days after the appellant's reply brief deadline.
Oral arguments: Will be scheduled by the Court approximately 7 to 21 days after Appellant’s deadline to file their Reply Brief.
Page 1 | Appeals
Service and Proof of Service Rules
Pro se parties without MiFile email must be served by mail at least 10 days before hearing, with proof of service e-filed at least 7 days prior.
Pro se parties without an email address in the MiFile system must be served by mail to their last known address no less than 10 days prior to hearing, and a Proof of Service should be e-filed indicating the date and place of service no less than 7 days.
Page 1 | Cases with Pro Se Litigants
Pro se parties without MiFile email must be served by regular and certified mail.
Pro se parties without an email address in the MiFile system must be served by regular and certified mail to their last known address.
Page 1 | Appeals
The withdrawal order must be mailed to the former client within one week of the judge's signature, with proof of service indicating where and when.
This order must be mailed to former client within one week of judge’s signature granting the withdrawal of counsel. Proof of service is required to indicate where it was mailed to and when.
Page 1 | Information to be included in certain formal orders
All petitions, including driver's license restoration appeals, must be served on the Secretary of State's Driver's Assessment & Appeal Division; service on the Assistant AG's office is improper.
All Petitions, including Driver's License Restoration appeals, must be served upon the Secretary of State, Driver's Assessment & Appeal Division, PO Box 30196, Lansing MI 48909-7696. Service upon Assistant Attorney General 's office is not proper service.
Page 1 | Driver’s license restoration appeals
The signed default documents must be mailed to the defaulting party, and proof of service must be submitted within 21 days or the default is ineffective.
The signed and time-stamped copy of the Default, Request, Affidavit, and Entry form must then be mailed to the defaulting party. Proof of service is required to be submitted within 21 days of mailing. Failure to submit proof of service will result in the court considering your default ineffective for violation of MCR 2.603(B).
Page 1 | Default Entry and Default Judgment Motions Procedure
Pro se parties without MiFile email must be served default judgment motions by regular and certified mail; proof of service must be e-filed within one week.
Pro se parties without an email address in the MiFile system must be served the motion for entry of default judgment by regular and certified mail to their last known address. If service of the Summons and Complaint was made by means of alternate service, all the same means must be used to serve the Motion for Entry of Default Judgment. A Proof of Service must be e-filed indicating the date, method, and place of service of the motion within one week of the defaulting copy being sent the motion.
Page 1 | Default Entry and Default Judgment Motions Procedure
Courtesy Copy Requirements
The court requires hard copies of all motions in limine.
The court requires hard copies of all motions in limine.
Page 1 | 3. MOTIONS IN LIMINE
Paper copies of summary disposition motions, responses, and replies must be delivered to the courtroom immediately after filing.
A paper copy of all Summary Dispositions motions, responses, and replies must be mailed/delivered to courtroom immediately after filing.
Page 1 | Motion for Summary Disposition Procedure
Adjournment & Extension Requirements
Adjournment of case evaluation requires a motion.
Adjournment of Case Evaluation: Requires a motion
Page 1 | Status Conference Procedure
Adjournment of settlement conference must be requested from court staff by email or telephone and approved by Judge Gillis.
Adjournment of settlement conference: Adjournment must be requested from Court staff by email or telephone, and approved by Judge Gillis.
Page 1 | Settlement Conference Procedure
Parties may stipulate to extend deadlines from Track 1 to 2 and extend discovery to case evaluation; extensions beyond Track 2 require a motion.
Parties may stipulate to adjourn deadlines from Track #1 to Track 2. Discovery may also be extended to the date of Case Evaluation. Requesting deadlines beyond Track #2 can only be accomplished by motion.
Page 1 | Status Conference Procedure
Adjournment may be denied if the appeal is within one month of being over time standards.
If the appeal is within one month of being over time standards, an adjournment may not be possible.
Page 1 | Appeals
Chambers Communication Rules
Adjournment requests for motions without oral argument must be emailed to Lisa Rutledge at least 48 hours prior; for motions with oral argument, contact Erin Deschamps.
Adjournment of Motion: Email the Lisa Rutledge at least 48 hours prior to the hearing date regarding all motions without oral argument. Erin Deschamps needs to be contacted if adjourning motions with oral arguments.
Page 1 | Motion Practice
For certain motions to approve settlements on behalf of estates, incapacitated adults, or minors over $5000, a copy of Letters of Authority must be emailed to the court at least one week before hearing.
For all motions to approve on behalf of an estate, a legally incapacitated adult, or a minor where the minor is receiving more than $5000, a copy of the Letters of Authority must be emailed to the court no less than one week prior to hearing.
Page 1 | Motion Practice
If a translator is required, email court staff as soon as known but at least 3 weeks before the hearing, including language and dialect.
Translators:If a translator is required, please email court staff as soon as this is known, but no less than 3 weeks prior to the scheduled hearing date. Include the language and dialect of the party needing a translator.
Page 1 | Motion Practice
To cancel a motion, email Lisa Rutledge, except for trial-related motions which go to Erin Deschamps.
Canceling a motion: Email Lisa Rutledge unless it is a trial-related motion. For those, email Erin Deschamps.
Page 1 | Motion Practice
Adjournments in appeals may be requested by contacting the court's law clerk via telephone or email.
Adjournments may be requested by contacting the Court’s law clerk via telephone or email.
Page 1 | Appeals