Limits & Logistics
Document Limits
Courtesy Copies
Answer
- Email • After Clerk Approval
Courtesy copies
Emergency Motions
Motion
- Email • After Clerk Approval
Communication
Chambers
Clerk
Page & Word Limits3 rules
Parties must adhere to the page limits outlined in MCR 2.116(G) and MCR 2.119(A)(2)(a): Attorneys must obtain Court approval to file any Motion, Brief or Response exceeding 20 pages.
- More than 20 pages
- Motion brief or response for attorneys
- Up to 20 pages
Exhibits attached to the Judge’s Copy are limited to 20 pages in total.
- Judge copy exhibits
- Up to 20 pages in total
Reply briefs are limited to 5 pages.
- Reply brief
- Up to 5 pages
Document Format Requirements1 rule
A tabbed binder of all Exhibits to be presented to the Jury must be provided to the Court on the morning of Trial.
Document Filing Requirements18 rules
Motions for Alternate Service must be accompanied by an Affidavit from a Process Server of 3 appropriate attempts at service, a post office check on the address and a Lexis Nexis people search with the request for alternate service. Your proposed Order should include the most current address/es discovered by your process server or Lexis Nexis people search.
- Document
- Motion for alternate service
Must include
- •Proposed order
If this Motion is adjourned for any reason, a new Notice of Hearing with Zoom Instructions and Proof of Service must be filed and appear on the Register of Actions.
- Document
- Notice of hearing
Must include
- •Certificate of service
Submit a separate default order for each defendant, including the full service address, proofs of service, and any applicable alternative-service order.
Court's wording
Separate default orders shall be submitted for each individual Defendant and must include the full address of service, the proofs of service, and, if applicable, the Order for Alternative Service. If any of these items are not included, the order will be rejected.
The specific dates of Track 2 must appear 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".
Proposed Joint Jury Instructions and Joint Verdict Form must be provided the Court to on the date of the Pre-Trial Conference via email.
Parties must provide: 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.
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.
Each default-judgment motion must attach Exhibits A through D documenting service of the summons and complaint, the entered default, service of the default, and service of the motion with the actual service address.
Court's wording
Each Motion for Default Judgment MUST attach the following Exhibits or your Motion will be rejected until it complies: Exhibit A: POS that the Summons and Complaint were timely served on the Defendant and Order for Alternate Service, if applicable. 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.
Submit specific, case-relevant proposed voir dire questions no later than the Final Pre-Trial Conference and email a copy with the case number and trial date in the subject.
Court's wording
The parties must submit their proposed voir dire questions to the Court for its general voir dire use, no later than the date of the Final Pre-Trial Conference. Email a copy to JudgeMACox-Court@3rdcc.org with the case number and trial date included in the subject line of the email. Questions must be specific and relevant to the case.
Requests for Default(s) shall be submitted using SCAO form MC 07.
- Document
- Default request
Must include
- •SCAO form MC 07
Motions/Orders for Substitution of Counsel must include the following language: "This Substitution does not affect any previously scheduled dates."
Title an emergency motion “Emergency,” file a Praecipe proposing a hearing date, and email the motion with “Emergency Motion,” the case name, and case number in the subject; the court will set the actual date.
Court's wording
Emergency Motions: Please make sure to title your motion "Emergency". File a Praecipe with your emergency motion with a proposed hearing date. Email a copy of the emergency motion to JudgeMACox-Court@3rdcc.org and include "Emergency Motion" with the case name and number in the subject line. Upon review of the emergency motion, the Court will determine an actual hearing date. Please check your accepted Praecipe for the actual hearing date.
Submit your Praecipe with your proposed Thursday date after the Motion has been approved for filing. You do not need to reach out to the Court for a date first. The Motion will not be scheduled if a Praecipe is not submitted.
Motions for Default Judgment must include any relevant documents and an Affidavit of a person with knowledge of the facts and circumstances surrounding the relief requested.
Motions to Adjourn Scheduling Orders are only necessary if moving any date beyond Track 2. The Motion 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.
Motion for Second Summons must have a Judge's Copy emailed once it has been accepted for filing. The Motion must also be filed again as an Order after the Motion has been accepted.
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."
Review the returned Praecipe for the assigned date and time, and send opposing counsel and file a corrected Notice of Hearing if necessary.
Court's wording
The Clerk will change that date if the proposed date is not available. 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.
Filing & Service rules
Electronic Filing Rules
Within 56 days, the Court Reporter must submit the lower-court transcript to counsel, and it must be electronically filed with the Clerk and emailed to the courtroom; untimely filing results in dismissal of the appeal.
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 JudgeMACox-Court@3rdcc.org. Failure to timely file a transcript will result in dismissal to the appeal.
Page 1 | APPEALS
Filing Timing and Cure Windows
Responses to summary-disposition motions are due 10 business days before the hearing, and replies are due three business days before the hearing.
Responsesare due 10 business days prior to the scheduled Hearing date for Motions for Summary Disposition, and Replies are due 3 business days prior. After the responsive pleading has been approved by the Clerk's Office, submit a "Judge's Copy" to JudgeMACox-Court@3rdcc.org. Exhibits attached to the Judge’s Copy are limited to 20 pages in total. Attach only Exhibits that are necessary to support your claims. Do not submit full transcripts, contracts, etc. with the Judge’s Copy. Highlight within them what pertains to your case. Complete exhibits should still be attached to the filed Response.
Page 1 | Responses and Replies
File motions in limine at least two weeks before the Final Pre-Trial Conference.
Motions in Limine are generally scheduled with the Final Pre-Trial conference. Motions will need to be filed at least 2 weeks before that date.
Page 1 | Motions in Limine
Answers to motions are due three business days before the scheduled motion hearing unless a different rule applies.
Answers to Motions are due 3 business days prior the schedule Motion hearing date unless otherwise specified below.
Page 1 | GENERAL MOTION PRACTICE
Submit a Praecipe listing the scheduled date and time within three days after receiving the summary-disposition scheduling order.
Praecipes:Submit a Praecipe with the scheduled date and time within 3 days of receipt of the scheduling order.
Page 1 | Motion for Summary Dispositions
File summary-disposition motions within 30 days after discovery closes under the scheduling order or they are deemed 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.
Page 1 | Motion for Summary Dispositions
Service and Proof of Service Rules
For an individual defendant, service must be made personally on the defendant or the defendant must sign the return receipt; service on someone else requires an Order for Alternate Service.
Please refer and adhere to MCR 2.105 for proper service. For individuals, the Defendant must be the one to receive personal service or sign the return receipt. Return receipts that serve process on someone other than the Defendant does not constitute proper service under the court rule without an Order for Alternate Service.
Page 1 | DEFAULTS
Certified mail alone is not 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.
Page 1 | DEFAULTS
After approval of a default request, serve the defendant with the default and file a proof of service that appears on the Register of Actions before filing and scheduling a default-judgment motion.
If your Default request is approved, you must serve the Defendant with the Default and file a Proof of Service which must appear on the Register of Actions before a Motion for Default Judgment can be filed and scheduled.
Page 1 | DEFAULTS
Filing Fees and Waivers
Before a pro hac vice hearing, the court must receive State Bar verification that all fees have been paid and all requirements satisfied.
Motion for Admission Pro Hac Vice: The sponsoring attorney and the proposed admitted attorney must appear via Zoom at the motion hearing. In addition, the court must have received verification from the State Bar of Michigan that all fees have been paid, and all requirements have been complied with prior to hearing.
Page 1 | Motion for Admission Pro Hac Vice
Courtesy Copy Requirements
Email a copy of an emergency motion to the courtroom and include “Emergency Motion,” the case name, and case number in the subject line.
Emergency Motions: Please make sure to title your motion "Emergency". File a Praecipe with your emergency motion with a proposed hearing date. Email a copy of the emergency motion to JudgeMACox-Court@3rdcc.org and include "Emergency Motion" with the case name and number in the subject line. Upon review of the emergency motion, the Court will determine an actual hearing date. Please check your accepted Praecipe for the actual hearing date.
Page 1 | Emergency Motions
A summary-disposition motion will not be scheduled until the compliant Judge's Copy is received; the court will then set a date and issue a scheduling order.
The Motion will not be scheduled until a Judge's Copy that complies with the above is received. Once the Motion has been reviewed, the Court will give you a date and issue a Summary Disposition Scheduling Order.
Page 1 | Motion for Summary Dispositions
After filing a summary-disposition motion, email a Judge's Copy with no more than 20 pages of necessary, highlighted exhibit material and attach complete exhibits to the filed motion.
Motions:Submit a "Judge's Copy" to JudgeMACox-Court@3rdcc.org after the Motion has been filed. Exhibits attached to the Judge’s Copy are limited to 20 pages in total. Attach only Exhibits that are necessary to support your claims. Do not submit full transcripts, contracts, etc. with the Judge’s Copy. Highlight within them what pertains to your case. Complete exhibits should still be attached to the filed Motion.
Page 1 | Motion for Summary Dispositions
After acceptance for filing, email a Judge's Copy of a motion for second summons and file the motion again as an order.
Motion for Second Summons must have a Judge's Copy emailed once it has been accepted for filing. The Motion must also be filed again as an Order after the Motion has been accepted.
Page 1 | Motion for Second Summons
After clerk approval, email a Judge's Copy of the motion; limit its exhibits to 20 pages, include only necessary excerpts, highlight relevant material, and attach full exhibits to the filed motion.
Submit a "Judge's Copy" to JudgeMACox-Court@3rdcc.org, after the Motion has been approved by the Clerk's Office. Exhibits attached to the Judge’s Copy are limited to 20 pages in total. Attach only Exhibits that are necessary to support your claims. Do not submit full transcripts, contracts, etc. with the Judge’s Copy. Highlight within them what pertains to your case. Full exhibits should still be attached to the filed Motion.
Page 1 | GENERAL MOTION PRACTICE
After clerk approval, email a Judge's Copy of the answer; limit its exhibits to 20 pages, include and highlight only necessary material, and attach full exhibits to the filed answer.
After the Answer has been approved by the Clerk's Office, submit a "Judge's Copy" to JudgeMACox-Court@3rdcc.org. Exhibits attached to the Judge’s Copy are limited to 20 pages in total. Attach only Exhibits that are necessary to support your claims. Do not submit full transcripts, contracts, etc. with the Judge’s Copy. Highlight within them what pertains to your case. Full exhibits should still be attached to the filed Answer.
Page 1 | GENERAL MOTION PRACTICE
After clerk approval of the responsive pleading, email a Judge's Copy with no more than 20 pages of necessary, highlighted exhibit material and attach complete exhibits to the filed response.
After the responsive pleading has been approved by the Clerk's Office, submit a "Judge's Copy" to JudgeMACox-Court@3rdcc.org. Exhibits attached to the Judge’s Copy are limited to 20 pages in total. Attach only Exhibits that are necessary to support your claims. Do not submit full transcripts, contracts, etc. with the Judge’s Copy. Highlight within them what pertains to your case. Complete exhibits should still be attached to the filed Response.
Page 1 | Responses and Replies
Provide an emailed Judge's Copy of a rehearing or reconsideration motion to the courtroom.
Motions for Rehearing or Reconsideration: Pursuant to MCR 2.119(F), the moving party must notify the Court Clerk of the Motion filing and provide a Judge's Copy to JudgeMACox-Court@3rdcc.org. The Court will not receive notice that this type of motion has been filed unless the attorney notifies the Clerk and provides a Judge's Copy.
Page 1 | Motions for Rehearing or Reconsideration
THIS IS AN ELECTRONIC COURTROOM. Judge's Copies of all Motions, Responses, Pre-Trial Order, etc. should be emailed to JudgeMACox-Court@3rdcc.org pursuant to the protocol below. Include date of hearing and case number in the subject line of all communications. WE WILL NOT ACCEPT PHYSICAL COPIES.
THIS IS AN ELECTRONIC COURTROOM. Judge's Copies of all Motions, Responses, Pre-Trial Order, etc. should be emailed to JudgeMACox-Court@3rdcc.org pursuant to the protocol below. Include date of hearing and case number in the subject line of all communications. WE WILL NOT ACCEPT PHYSICAL COPIES.
Page 1 | COURT COMMUNICATIONS
Pre-Motion Conference Requirements
Motions concerning expert credentials or Daubert issues are treated as summary-disposition motions and must follow the summary-disposition scheduling and filing protocol.
Any Motion concerning expert witness credentials or Daubert related issues is considered a Motion for Summary Disposition and must be scheduled accordingly and comply with the aforementioned protocol on Summary Disposition Motions.
Page 1 | Medical Malpractice Cases Motions
Discuss motions to compel and other discovery motions with opposing counsel before filing.
Motions to Compel and Other Discovery Motions must be discussed with opposing counsel prior to filing.
Page 1 | Motions to Compel and Other Discovery Motions
Adjournment & Extension Requirements
Adjournment requests other than Track 1-to-Track 2 requests require a motion and are not routinely granted.
All other requests for adjournments require a motion and will not be routinely granted.
Page 1 | STATUS CONFERENCES
Parties may stipulate to one summary-disposition motion adjournment; if they cannot proceed on the adjourned date, the motion is 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.
Page 1 | Adjournment of Motion for Summary Disposition
Request for Adjournment of Settlement Conference should be made at least 1 week in advance. Parties should contact the Court by email at least 1 week in advance. All parties must concur with the proposed adjourned date.
Request for Adjournment of Settlement Conference should be made at least 1 week in advance. Parties should contact the Court by email at least 1 week in advance. All parties must concur with the proposed adjourned date.
Page 1 | SETTLEMENT CONFERENCES
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 may stipulate to one adjournment of a Motion. 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.
Page 1 | GENERAL MOTION PRACTICE
A Track 1-to-Track 2 adjournment may be made by party stipulation without a motion.
Requests to Adjourn from Track 1 to Track 2 do not require a Motion and may be done by stipulation of the parties.
Page 1 | STATUS CONFERENCES
Chambers Communication Rules
For a motion for rehearing or reconsideration, the moving party must notify the Clerk of filing and provide the courtroom an emailed Judge's Copy.
Motions for Rehearing or Reconsideration: Pursuant to MCR 2.119(F), the moving party must notify the Court Clerk of the Motion filing and provide a Judge's Copy to JudgeMACox-Court@3rdcc.org. The Court will not receive notice that this type of motion has been filed unless the attorney notifies the Clerk and provides a Judge's Copy.
Page 1 | Motions for Rehearing or Reconsideration
Email the courtroom for inquiries, include the hearing date and case number in the subject, and call only if email does not resolve the inquiry; if the judge is unavailable, leave identifying information and a brief message.
The preferred method of communication for all inquiries is to email JudgeMACox-Court@3rdcc.org. This email is reviewed throughout the day by court staff. When emailing, include your date of hearing and case number in the subject line. If your inquiry isn't satisfied via email, you may call 313-224-0121. If she is unavailable, include your name, phone number, case number and brief message.
Page 1 | COURT COMMUNICATIONS
To withdraw a motion or request its dismissal, the moving party must email the courtroom as soon as possible.
To withdraw a Motion/request dismissal of Motion, the moving party must email JudgeMACox-Court@3rdcc.org as soon as possible.
Page 1 | GENERAL MOTION PRACTICE
Check Odyssey Public Access before contacting the courtroom about filings; direct filing-issue questions to the Wayne County Clerk's office.
Check Odyssey Public Access before contacting the Courtroom with questions about filings. If a document is not on the Register of Actions, the Clerk's office has not processed it. Contact the Wayne County Clerk's office at helpdesk@3rdcc.org or 313-224-5510 with any questions regarding filing issues.
Page 1 | COURT COMMUNICATIONS