Limits & Logistics
Document Limits
Courtesy Copies
Claim of Appeal Packet, Leave for Appeal Packet
- 1 copy
Motion for Reconsideration
Motion, Answer, Reply
Motion, Response, Reply
- Immediately Upon Filing
Adjournments
- To adjourn a motion without oral argument, email Lisa Rutledge at least 48 hours before the hearing.
Communication
Phone
Chambers
Clerk
Document Format Requirements5 rules
All exhibits must be tabbed.
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.
Instructions must comply with the form and content requirements of MCR 2.512 and MCR 2.513(A) and (N)(3).
Exhibits must be tabbed to be accepted by the court.
Please use the 4:1 format when submitting.
Document Filing Requirements17 rules
Settlement-approval motions for a minor or estate require a copy of the Letters of Authority before the hearing.
Court's wording
motions to approve settlement on behalf of a minor or estate (please note next friend, personal representative, etc. will need to attend to provide testimony. The court requires a copy of the Letters of Authority prior to the date of hearing)
(most) motions for default judgments (please note that your client/adjuster/claims collector, client, etc. must attend and if the default is in regards to a contract, that must be attached to the motion as an exhibit),
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.
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.
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.”
For motions decided without oral argument, the moving party must submit a conforming formal order within one week of the praecipe ruling, including any relief due if the motion is granted.
Court's wording
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.
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.
The final pre-trial statement must include the listed claims, defenses, stipulated facts, disputed issues, evidence problems, categorized witnesses and exhibits, special damages, and trial-length estimates under appropriate captions and in the stated order.
Court's wording
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
The notice of hearing for motions must indicate whether the motion will be heard via ZOOM or In-Person.
Counsel shall bring proposed verdict forms
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.
Generic listing of witnesses is not acceptable. Failure to list witnesses will bar their production at trial.
Once the judge gives his bench ruling, the moving party is submit a formal order that comports within one week.
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.
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.
An order submitted on the hearing date or under the Seven-Day Rule must state the hearing date in its first paragraph.
Court's wording
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.
Counsel must provide updated jury instructions from the Official SCAO website.
Court's wording
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
Filing & Service rules
Electronic Filing Rules
Proof of service for the default-judgment motion must be e-filed within one week after the motion is sent and must state the date, method, and place of service.
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
An e-praecipe is required for a motion to be added to the docket.
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.
Page 1 | Motion Practice
Unless the court directs otherwise, responses must be e-filed and a judge’s paper copy must be 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
The moving party must e-file an e-praecipe when filing a motion for reconsideration, setting it three weeks out.
The moving party must e-file an e-praecipe at the same time the motion is filed set for 3 weeks out.
Page 1 | Motions for Reconsideration
a Proof of Service should be e-filed indicating the date and place of service no less than 7 days.
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
Filing Timing and Cure Windows
Responses must be filed and the judge’s paper copy received no later than the Tuesday before the hearing, unless the court directs otherwise.
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
Summary-disposition motions may not be heard within 30 days of trial.
No summary disposition motions shall be heard within 30 days of trial.
Page 1 | Motion for Summary Disposition Procedure Effective Monday, September 26, 2022
The moving party must submit the formal order within one week after the praecipe ruling is issued.
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
The formal order must be submitted within one week after the judge’s bench ruling.
Once the judge gives his bench ruling, the moving party is submit a formal order that comports within one week.
Page 1 | Motion Practice
Attorneys must wait at least 21 days after submitting proof of service for the initial default before filing a motion for entry of 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
The e-praecipe for a motion for reconsideration must be filed at the same time as the motion and set three weeks out.
The moving party must e-file an e-praecipe at the same time the motion is filed set for 3 weeks out.
Page 1 | Motions for Reconsideration
Summary dispositions must be filed within 18 months of the complaint; a motion for leave is required for late filings made after December 1, 2022.
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.
Page 1 | Motion for Summary Disposition Procedure Effective Monday, September 26, 2022
The proof of service must be filed within one week after sending the motion and identify the date, method, and place of service.
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
The final pre-trial statement must be submitted at least two weeks before trial.
It shall be submitted no less than two weeks before trial.
Page 1 | FINAL PRE-TRIAL STATEMENT – JOINTLY PREFERRED
Unless the court directs otherwise, motions in limine will be heard on the first day of trial.
Unless otherwise directed by court, motions in limine will be heard on the first day of trial.
Page 1 | MOTIONS IN LIMINE
The court’s internal policy calls for all appeals to be resolved within six months of filing.
All appeals must be resolved within 6 months of filing according to the Court's internal policy guidelines.
Page 1 | Appeals
Appeal oral argument will be 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
A pro se party without a MiFile email address must receive a motion for entry of default judgment by regular and certified mail at the last known address.
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.
Page 1 | Default Entry and Default Judgment Motions Procedure
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.
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
Proof of service must be submitted within 21 days after mailing.
Proof of service is required to be submitted within 21 days of mailing.
Page 1 | Default Entry and Default Judgment Motions Procedure
The withdrawal order must be mailed to the former client within one week after the judge signs it, and proof of service must state where and when it was mailed.
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
The signed and time-stamped Default, Request, Affidavit, and Entry form must be mailed to the defaulting party.
The signed and time-stamped copy of the Default, Request, Affidavit, and Entry form must then be mailed to the defaulting party.
Page 1 | Default Entry and Default Judgment Motions Procedure
All petitions, including driver’s-license-restoration appeals, must be served on the Secretary of State’s Driver’s Assessment & Appeal Division at the stated address; service on the Assistant Attorney General’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 | Appeals
If the summons and complaint were served by alternate means, the motion for entry of default judgment must be served by the same means.
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.
Page 1 | Default Entry and Default Judgment Motions Procedure
Pro se parties without a MiFile email address must be served by regular and certified mail at their last known address.
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
Appellants and appellees must properly serve all parties or their counsel of record.
Appellant and Appellee are required to properly serve all parties and/or their counsel of record.
Page 1 | Appeals
Courtesy Copy Requirements
Parties must send the court a judge’s hard copy of the claim-of-appeal or leave-to-appeal packet to notify it of the appeal.
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.
Page 1 | Appeals
A paper copy of each summary-disposition motion, response, and reply must be mailed or 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 Effective Monday, September 26, 2022
Hard copies of all motions in limine must be provided to the court.
The court requires hard copies of all motions in limine.
Page 1 | MOTIONS IN LIMINE
A motion is not added to the docket unless an e-praecipe and judge’s hard copies of the motions, answers, and replies are provided.
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.
Page 1 | Motion Practice
A judge’s hard copy of a motion for reconsideration must be provided before it will be heard.
A judge’s hard copy must be provided for the motion to be heard.
Page 1 | Motions for Reconsideration
Unless the court directs otherwise, the judge’s paper copy of a response must be 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
The court issues a scheduling order after receiving the judge’s hard copy and the e-praecipe.
Once the court has received a judge’s hard copy and the e-praecipe, a scheduling order will be issued.
Page 1 | Motion for Summary Disposition Procedure Effective Monday, September 26, 2022
Adjournment & Extension Requirements
To adjourn a motion without oral argument, email Lisa Rutledge at least 48 hours before the hearing.
Adjournment of Motion: Email the Lisa Rutledge at least 48 hours prior to the hearing date regarding all motions without oral argument.
Page 1 | Motion Practice
Parties may stipulate to move Track #1 deadlines to Track 2 and extend discovery to case evaluation, but extending deadlines beyond Track 2 requires 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 of case evaluation requires a motion.
Adjournment of Case Evaluation: Requires a motion
Page 1 | Status Conference Procedure
Settlement-conference adjournments 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
Appeal adjournments may be requested by contacting the law clerk by telephone or email, but may not be possible when the appeal is within one month of exceeding time standards.
Adjournments may be requested by contacting the Court’s law clerk via telephone or email. If the appeal is within one month of being over time standards, an adjournment may not be possible.
Page 1 | Appeals
Chambers Communication Rules
If a translator is needed, email court staff as soon as known and at least three weeks before the hearing, identifying the party’s 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
The court should be notified of any motions in limine filed 7 or less days prior to trial.
The court should be notified of any motions in limine filed 7 or less days prior to trial.
Page 1 | MOTIONS IN LIMINE
Contact the court to schedule a hearing for a motion for entry of default judgment; oral argument is required.
Contact the court to schedule a hearing date as oral arguments will be required.
Page 1 | Default Entry and Default Judgment Motions Procedure
A party intending to use a deposition must notify opposing counsel and the court 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 | DEPOSITIONS
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.
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
Adjournment requests for motions without oral argument must be emailed to court clerk Lisa Rutledge at least 48 hours before the hearing.
Adjournment of Motion: Email the Lisa Rutledge at least 48 hours prior to the hearing date regarding all motions without oral argument.
Page 1 | Motion Practice
Email Lisa Rutledge to cancel a motion, but email Erin Deschamps for a trial-related motion.
Canceling a motion: Email Lisa Rutledge unless it is a trial-related motion. For those, email Erin Deschamps.
Page 1 | Motion Practice
To request an appeal adjournment, contact the court’s law clerk by telephone or email.
Adjournments may be requested by contacting the Court’s law clerk via telephone or email.
Page 1 | Appeals
To request a settlement-conference adjournment, contact court staff by email or telephone.
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
Contact the court if a motion requires oral argument.
Contact the court if motion requires oral argument.
Page 1 | Motion Practice
Contact Erin Deschamps to adjourn a motion with oral argument.
Erin Deschamps needs to be contacted if adjourning motions with oral arguments.
Page 1 | Motion Practice
Unless directed otherwise, settlement conferences are by phone, and attorneys must join one conference call before calling the court.
Judge Gillis holds his settlement conference by phone unless parties are specifically told otherwise. All attorneys are to be on one conference call before calling the court at 313-224-5243.
Page 1 | Settlement Conference Procedure