Limits & Logistics
Document Limits
Courtesy Copies
Motion for Summary Disposition
- 1 copy
Communication
Clerk
Chambers
Phone
Clerk
Phone
Chambers
Page & Word Limits5 rules
Reply briefs are limited to 5 pages.
- Reply brief
- Up to 5 pages
A "Judge Copy" means a properly highlighted copy, limited to 20 pages including Exhibits, with the specific information you would like the Court to review.
- Page limit
- Up to 20 pages
The Exhibits attached to the emailed "Judge Copy" are also limited to 20 pages in totality.
- Page limit
- Up to 20 pages
Attorneys must obtain Court approval to file any Motion, Brief or Response exceeding 20 pages.
- Motion brief response for attorneys
- Up to 20 pages
You are not limited to 20 pages of Exhibits on the original Motion/Response filed with the Clerk's office, ONLY the emailed "Judge's Copy".
- Page limit
- Up to 20 pages
Document Format Requirements3 rules
Each Exhibit must be properly highlighted with the language/deposition testimony you wish the Court to review in support of your Motion/Response. Otherwise, it will be returned to you.
A tabbed binder of specific Exhibits you wish to be presented to the Jury must be provided to the Court on the morning of Trial.
DO NOT attach the entire pleading, deposition transcript or insurance policy to the emailed "Judge Copy".
Document Filing Requirements15 rules
No oral argument is provided, unless notified by the Court. You must submit a Praecipe however so that the Clerk can set a control date. Give your Praecipe any Friday date, 30 days in future.
The parties must submit their proposed voire dire questions to the Court for its general voire dire use, no later than the date of the Final Pre-Trial Conference. Email a copy to JudgeMcCarthy-Court@3rdcc.org with the case number and trial date. Questions must be specific and relevant to the case.
Submit a praecipe with a proposed Thursday date; check the returned praecipe and, if needed, send opposing counsel and file a corrected notice of hearing.
Court's wording
No Motion will be scheduled without the submission of a preacipe. Submit with your proposed Thursday date. The Clerk will change that date, if necessary. Be sure to review your returned Praecipe for the correct date and time. Send to opposing counsel and file a corrected Notice of Hearing, if necessary, with the Clerk's Office.
Must be provided the Court to on the date of the Pre-Trial Conference via email.
Only necessary if moving any date beyond Track II. Must include a copy of the original/current scheduling order and list all relevant dates (including the filing date) in the body of the Motion. The Court does NOT need a copy of any other pleadings attached to these Motions.
A motion for default judgment must include relevant supporting documents and an affidavit from a person with knowledge; the specified examples identify additional supporting materials for contract and personal-injury cases.
Court's wording
Motions must include any relevant documents and an Affidavit of a person with knowledge of the facts and circumstances surrounding the relief requested. For example: a Breach of Contract case should include the Contract and an Affidavit stating the balanced owed; a Personal Injury case must include a specific demand with a judgment amount, medical records, bills, proof of lost wages, etc.
Submit a praecipe with a proposed hearing date, review the returned praecipe, and, if needed, send opposing counsel and file a corrected notice of hearing.
Court's wording
Please submit a praecipe with your proposed hearing date. The Clerk will change that date. Be sure to review your returned Praecipe for the correct date and time. Send to opposing counsel and file a corrected Notice of Hearing, if necessary, with the Clerk's Office.
Parties must attach - Motion and Brief- directing this Court to specific errors supported by the Transcript. - Lower Court transcript or Motions and Orders Appealed. - Proof that the transcript was ordered and paid for upon filing, if required.
Each motion for default judgment must attach exhibits documenting service of the summons and complaint, the entered default, service of the default, and service of the motion at the actual address; otherwise it will not be scheduled.
Court's wording
Each Motion for Default Judgment MUST attach the following Exhibits or your Motion will be rejected and not scheduled until it is in compliance. Exhibit A: POS that the Summons and Complaint were timely served on the Defendant. Exhibit B: The Default, entered by the Court Clerk, filed and on the ROA. Exhibit C: POS that the Default was served on the Defendant and this POS must appear on the ROA. Exhibit D. POS that you served this Motion on the Defendant, and it must appear on the ROA. POS must indicate the actual address of service.
An order granting an adjournment must list the specific dates and include the required MSD deadline wording.
Court's wording
All other requests for adjournments may only be adjourned by way of Motion and will not be routinely granted. If granted the specific dates must be listed in your order with the following language "All MSD's must be filed no later than 30 days from the date discovery closes or are waived".
When filing an emergency motion, please make sure to title your motion "Emergency". File a praecipe with your emergency motion with a proposed hearing date.
If this Motion is adjourned for any reason, a new Notice of Hearing with Zoom Instructions must be filed and on the ROA, as well as a new POS that the adjourned Motion was served on the Defendant and on the ROA.
Requests for entry of a Default that is not supported by an appropriate Proof of Service will be rejected.
Submit default requests on SCAO form MC 07, use a separate default order for each defendant showing the full service address, and include proof of service and any alternate-service order.
Court's wording
Requests for Default/s shall be submitted using SCAO form MC 07. Separate default orders shall be submitted for each individual Defendant, with full address of service listed, or the order will be rejected. In addition, your Default must include the proof/s of service and the order for alternate service, if any.
The Order for Substitution must include the following language: "This Substitution does not affect any previously scheduled dates."
Filing & Service rules
Electronic Filing Rules
Motions and responses must be e-filed, and hard copies must not be dropped off.
THIS IS A COMPLETELY ELECTRONIC COURTROOM. Do not drop of hard copies of motions, responses, etc. E-file your Motions, responses etc.
Civil cases
Page 1 | COURT COMMUNICATIONS
Within 56 days the lower court transcript must be submitted to counsel by the Court Reporter and electronically filed with the Clerk's Office and JudgeMcCarthy-Court@3rdcc.org.
Within 56 days the lower court transcript must be submitted to counsel by the Court Reporter and electronically filed with the Clerk's Office and JudgeMcCarthy-Court@3rdcc.org.
Civil cases
Page 1 | Documents Required
Filing Timing and Cure Windows
Motions in limine are generally heard two weeks before trial, and an issue cannot be raised at trial if the proper motion is not timely filed and scheduled.
Scheduled: Generally, 2 weeks prior to the Trial date. All Motions in Limine shall be heard on this date. Failure to timely file and schedule a proper Motion will prohibit the issue being raised at Trial.
Civil cases
Page 1 | MOTIONS IN LIMINE
A summary disposition motion must be filed within 30 days after discovery closes under the scheduling order or it is waived.
Summary disposition motions MUST be filed within (30) days of the date that discovery is closed per the scheduling order or are deemed waived. (ie if Discovery closes October 10, any MSD's must be filed no later than November 10).
Civil cases
Page 1 | Motion for Summary Disposition Procedure
Answers are due three business days before the scheduled motion date.
Answers are due 3 business days before the scheduled Motion date (Monday before Thursday hearing)
Civil cases
Page 1 | Motion Practice
Within 56 days, the Court Reporter must submit the lower-court transcript to counsel and it must be electronically filed with the Clerk's Office and the Court's email address.
Within 56 days the lower court transcript must be submitted to counsel by the Court Reporter and electronically filed with the Clerk's Office and JudgeMcCarthy-Court@3rdcc.org.
Civil cases
Page 1 | Documents Required
Failure to timely file the transcript will result in dismissal of the appeal.
Failure to timely file a transcript will result in dismissal to the appeal.
Civil cases
Page 1 | Documents Required
Answers to summary disposition motions are due 10 business days before the hearing, and replies are due three business days before it.
Answers are due 10 business days prior to the scheduled Hearing date for Motions for Summary Disposition and replies are due 3 business days prior. Email these to JudgeMcCarthy-Court@3rdcc.org. Provide the date of hearing and case number in the subject line.
Civil cases
Page 1 | Motion for Summary Disposition Procedure
The settlement conference is scheduled 42 days after case evaluation.
The Settlement Conference is scheduled 42 days after case evaluation.
Civil cases
Page 1 | Settlement Conference Procedure
Service and Proof of Service Rules
Sending certified mail alone does not constitute proper service on a corporation.
Service on Corporations is also governed by MCR 2.105. Sending Certified/Mail alone on a corporation does not constitute proper service.
Civil cases
Page 1 | Default/Affidavit of Default
Individuals must be personally served; service on another named individual shown by a return receipt is not personal service absent an order for alternate service.
Please refer to MCR 2.105 for proper service. Personal service is required for individuals. Return receipts that serve process on other named individuals does not constitute personal service under the court rule, without an Order for Alternate Service.
Civil cases
Page 1 | Default/Affidavit of Default
After a default is granted, serve the defendant with the default and file proof of service on the ROA before filing and scheduling a motion for default judgment.
If your Default request is granted, you must serve the Defendant with the Default and file a Proof of Service, that must appear on the ROA before a Motion for Default Judgment can be filed and scheduled.
Civil cases
Page 1 | Default/Affidavit of Default
Courtesy Copy Requirements
Email a properly highlighted Judge Copy of no more than 20 pages, including exhibits, to the Court; do not drop off a hard copy, and the motion will not be scheduled until the Court receives the copy.
Email a "Judge Copy" to JudgeMcCarthy-Court@3rdcc.org. Do not drop off hard copies to my courtroom. Video evidence is to be submitted via electronic link to the above email. A "Judge Copy" means a properly highlighted copy, limited to 20 pages including Exhibits, with the specific information you would like the Court to review. No Motion for Summary Dispoistion will be scheduled until the Court receives the "Judge Copy".
Civil cases
Page 1 | Motion for Summary Disposition Procedure
Judge's copies are not needed except for motions for summary disposition.
This Court no longer needs "Judges copies" of anything other than Motions for Summary Disposition.
Civil cases
Page 1 | COURT COMMUNICATIONS
Pre-Motion Conference Requirements
Attorneys must discuss motions to compel and other discovery motions with opposing counsel before filing.
Attorneys must discuss these Motions with opposing counsel prior to filing.
Civil cases
Page 1 | Motions to Compel and Other Discovery Motions
Rehearing or reconsideration motions receive no oral argument unless the Court notifies the parties; submit a praecipe with a Friday date 30 days in the future for a control date.
No oral argument is provided, unless notified by the Court. You must submit a Praecipe however so that the Clerk can set a control date. Give your Praecipe any Friday date, 30 days in future.
Civil cases
Page 1 | Motions for Rehearing or Reconsideration
Adjournment & Extension Requirements
*Requests should be made at least 1 week in advance* Parties should contact the Court by email at least 1 week in advance. All of the parties must concur with the proposed adjourned date.
*Requests should be made at least 1 week in advance* Parties should contact the Court by email at least 1 week in advance. All of the parties must concur with the proposed adjourned date.
Civil cases
Page 1 | Adjournment of Settlement Conference
Other adjournments require a motion and are not routinely granted; if granted, the order must list the specific dates and include the stated MSD deadline language.
All other requests for adjournments may only be adjourned by way of Motion and will not be routinely granted. If granted the specific dates must be listed in your order with the following language "All MSD's must be filed no later than 30 days from the date discovery closes or are waived".
Civil cases
Page 1 | Status Conference Procedure
The parties may stipulate to one summary disposition motion adjournment; if they cannot proceed on the adjourned date, the motion will be dismissed and may be refiled only if it meets the Scheduling Order's time standards.
Parties are able to stipulate to one adjournment. If the parties are unable to proceed with the Motion after the adjourned date, then the Motion will be dismissed and may be refiled, provided it meets time standards set forth in the Scheduling Order.
Civil cases
Page 1 | Adjournment of Motion for Summary Disposition
A Track 1-to-Track II adjournment may be made by party stipulation without a motion.
Requests to Adjourn from Track 1 to Track II do not require a Motion and may be done by stipulation of the parties.
Civil cases
Page 1 | Status Conference Procedure
The parties may stipulate to one motion adjournment; if they cannot proceed on the adjourned date, the motion will be dismissed and may be refiled.
Parties are able to stipulate to one adjournment. If the parties are unable to proceed with the Motion after the adjourned date, then the Motion will be dismissed and may be refiled at a later date.
Civil cases
Page 1 | Motion Practice
Chambers Communication Rules
Email a copy of an emergency motion to the Court and put “Emergency Motion,” the case name, and the case number in the subject line.
Email a copy of the emergency motion to judgemccarthy-court@3rdcc.org and put "Emergency Motion" with the case name and number in the subject line.
Civil cases
Page 1 | Emergency motions
For a motion for rehearing or reconsideration, notify the Court Clerk when filing and provide a Judge's Copy to the stated email address for review.
Pursuant to MCR 2.119(F)-Notify Court Clerk if being filed and provide a Judge's Copy to JudgeMcCarthy-Court@3rdcc.org for review. The Court does not receive notice that this type of motion is filed unless the attorney notifies the clerk and provides a Judge's Copy.
Civil cases
Page 1 | Motions for Rehearing or Reconsideration
Parties should contact the Court by email at least 1 week in advance. All of the parties must concur with the proposed adjourned date.
Parties should contact the Court by email at least 1 week in advance. All of the parties must concur with the proposed adjourned date.
Civil cases
Page 1 | Adjournment of Settlement Conference
A moving party seeking to withdraw a motion must email the Court as soon as possible to dismiss it.
If any motion is going to be withdrawn, the moving party must email the Court (JudgeMcCarthy-Court@3rdcc.org) to dismiss the Motion as soon as possible.
Civil cases
Page 1 | Motion Practice
Email summary disposition answers and replies to the Court and include the hearing date and case number in the subject line.
Email these to JudgeMcCarthy-Court@3rdcc.org. Provide the date of hearing and case number in the subject line.
Civil cases
Page 1 | Motion for Summary Disposition Procedure
Email the proposed voir dire questions to the Court with the case number and trial date.
Email a copy to JudgeMcCarthy-Court@3rdcc.org with the case number and trial date.
Civil cases
Page 1 | Voir Dire (who conducts)
Send videos and electronic evidence to the courtroom by email link and follow up with an email confirming transmission.
ALL Videos or electronic evidence is to be E-mailed to the above address VIA a LINK, followed up by an email to advise it has been sent.
Civil cases
Page 1 | COURT COMMUNICATIONS
If the protocol does not answer a question, call the Court Clerk; if unavailable, leave your name, phone number, case number, and a brief message, and the call will be returned within 24 hours.
If your question isn't answered by this Protocol, call 313-224-5481 to speak with the Court Clerk. If she is unavailable, include your name, phone number, case number and brief message. Your call will be returned within 24 hours.
Civil cases
Page 1 | COURT COMMUNICATIONS
Check public Odyssey before contacting the courtroom; questions about documents not yet on the ROA should be directed to the Wayne County Clerk by email or phone.
Check public odyssey at 3rdcc.org before contacting the Courtroom with questions. If a document is not on the ROA, that means the Clerk's office has not processed it. Contact the Wayne County Clerk's office at helpdesk@3rdcc.org with any questions or call 313-224-5510.
Civil cases
Page 1 | COURT COMMUNICATIONS
Email the courtroom for questions and include the hearing date and case number in the subject line.
The preferred method of communication for all questions is to email JudgeMcCarthy-Court@3rdcc.org. This email is frequently reviewed throughout the day by my Clerk, Moira Hartwell and Judicial Attorney, Alysa Feldman. Be sure to include your date of hearing and case number in the subject line.
Civil cases
Page 1 | COURT COMMUNICATIONS