Judge Patricia P. Fresard
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Joint Pretrial Brief
- 1 copy • Upon Filing
Adjournments
- Adjournment of case evaluation is by motion; parties may stipulate to adjourn discovery through case evaluation only if case evaluation has never been adjourned.
- Settlement conferences may be adjourned only by stipulation, no later than two weeks after the currently scheduled conference, and the parties must email or fax confirmation of the new date.
- The Court will not adjourn a settlement conference more than 3 weeks to accommodate facilitation.
- +4 more
Request must include
Communication
Chambers
Chambers
Phone
Chambers
Document Filing Requirements12 rules
The joint pre-trial brief must contain ten required elements: claims and legal theories, numbered stipulations of fact, issues of fact and law to be litigated, likely evidence problems and motions in limine, witness lists with testimony synopses and examination times, identified exhibits, trial type and estimated length, requested jury instructions and verdict form, and proposed voir dire questions.
IT IS FURTHER ORDERED that by __________________, Plaintiff and Defendant shall file a joint trial brief that includes the following, and shall provide a judge's copy to the Court:
Document Type
Joint Pretrial Brief
Parties must check their praecipe to determine whether the motion will be heard with or without oral argument, and a motion will not be docketed unless its praecipe is accepted.
Please check your praecipe to determine whether your motion will be heard with or without oral argument. Unless your praecipe is accepted, your motion will NOT be added to the docket.
Document Type
Praecipe
Proposed jury instructions and the verdict form must be provided to the Court at the final pre-trial conference.
Proposed Jury Instructions and the Verdict Form must be provided to the Court at the final pre-trial conference.
Document Type
Proposed Jury Instructions
Stipulated ADR orders must identify the ADR process, the discovery deadline, the ADR completion date, the facilitator/mediator name, and state that ADR shall be completed no later than 60 days after the close of discovery.
Stipulated orders must identify the ADR process to be used. Include the deadline to complete discovery, the date to complete the ADR process, and the name of the facilitator/mediator. State that the ADR process shall be completed no later than 60 days after the close of discovery.
Document Type
Stipulated Order
Depositions to be read into evidence or video depositions must be reviewed by all attorneys, and unresolved objections must be submitted to the Court by the pretrial conference with a statement of the line numbers at issue.
Any depositions that will be read into evidence or any video deposition must be reviewed by all attorneys. If the parties have not resolved all objections, a copy of the deposition must be delivered to the Court no later than the date of the pretrial conference with a statement indicating the line number of the objections on which the Court must rule.
Document Type
Deposition
Only exhibits listed in the pretrial submission will be considered for admission at trial, except unanticipated rebuttal exhibits or for good cause shown.
Only listed exhibits will be considered for admission at trial, except for rebuttal exhibits which could not be reasonably anticipated before trial, except for good cause shown.
Document Type
Exhibit List
Notices of hearing must state that the hearing will be by Zoom and include the Zoom instructions for Judge Fresard's courtroom.
Your notice of hearing should indicate that a hearing will be by Zoom and include Zoom instructions (i.e., "Go to www.3rdcc.org/zoom/civil and click the "Join Meeting" button next to Judge Fresard's name").
Document Type
Notice Of Hearing
Motions for default judgment must include all relevant documents and an affidavit from a person with knowledge of the facts supporting the requested relief.
All 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.
Document Type
Motion For Default Judgment
On the trial date, parties must submit a flash drive with the jury instructions and verdict form and provide hard copies of each for the Court and the jury.
On the date of trial, the parties must submit a flash drive with the jury instructions and the verdict form and also produce hard copies of each for the Court and the jury.
Document Type
Jury Instructions
The moving party on a motion for summary disposition must file a notice of hearing and a praecipe.
The moving party shall file a notice of hearing and a praecipe.
Document Type
Motion For Summary Disposition
Every motion to adjourn dates must attach the scheduling order and list all relevant dates, including the filing date, in the body of the motion.
All motions to adjourn dates must include a copy of the scheduling order and list all relevant dates (including the filing date) in the body of the motion.
Document Type
Motion To Adjourn
Motions for default judgment must be supported by a completed checklist: complaint filed and served, no answer per MCR 2.108, notice of default with non-military affidavit, proofs of service, motion served 7 days before hearing, and notice of hearing with Zoom information served and filed with proof of service.
Complaint filed and served; No answer as required by MCR 2.108; Notice of default entered with affidavit of non-military service; Proof of service of notice of default; Motion for default judgment served 7 days prior to hearing; Notice of hearing including Zoom information served and filed; Proof of service of notice of hearing filed
Document Type
Motion For Default Judgment
Filing & Service rules
Electronic Filing Rules
The courtroom is paperless: parties must not email or mail copies of general motions or responses/replies to the courtroom unless the Court requests otherwise.
NOTE: WE ARE A PAPERLESS COURTROOM, unless the Court requests otherwise. Please do not email or mail a copy of a general motion to the Courtroom. Responses/replies also do not need to be provided to the Courtroom.
Page 1 | Motion Practice
Filing Timing and Cure Windows
If the response to a summary disposition motion is not timely filed, the moving party may file an order granting the motion.
IF THE RESPONSE IS NOT TIMELY FILED, the moving party may file an order granting the motion.
Page 1 | Motion for Summary Disposition Procedure
Case evaluation summaries and supporting documents are due within 7 days of the hearing, and untimely filing subjects the offending attorney or party to a $150.00 penalty.
Submission of summary and supporting documents shall be due within 7 days of the hearing. Failure to timely filed summaries within 7 days subjects offending attorney or party to a $150.00 penalty.
Page 1 | Case Evaluation Procedures (MCR 2.403 Amendments)
Stipulated orders selecting an alternative ADR process must be filed within 120 days of the first responsive pleading.
Stipulated orders must be filed within 120 days of the first responsive pleading.
Page 1 | Case Evaluation Procedures (MCR 2.403 Amendments)
Responses (including briefs) and replies to motions for summary disposition must be filed and served in accordance with MCR 2.116(G)(1)(a).
Responses (including briefs) and replies must be filed and served in accordance with MCR 2.116(G)(1)(a).
Page 1 | Motion for Summary Disposition Procedure
Summaries filed within 24 hours of the hearing result in an additional $150.00 penalty for the offending attorney or party.
Summaries filed within 24 hours of the hearing subjects the offending attorney or party to an additional $150.00 penalty.
Page 1 | Case Evaluation Procedures (MCR 2.403 Amendments)
Motions for summary disposition must be heard no later than 60 days before the scheduled trial date.
Motions for Summary Disposition must be filed in accordance with the Court Rules and must be HEARD no later than 60 days prior to the dates set for trial.
Page 1 | Motion for Summary Disposition Procedure
The ADR process must be completed on or before the scheduled case evaluation date unless an extension has been requested.
The ADR process shall be completed on or before the date scheduled for case evaluation unless an extension has been requested.
Page 1 | Case Evaluation Procedures (MCR 2.403 Amendments)
Parties may (and are encouraged to) submit proposed voir dire questions to the Court no later than the date of the pre-trial conference.
The parties are encouraged to and may submit proposed voir dire questions to the Court no later than the date of the pre-trial conference.
Page 1 | Trial
Service and Proof of Service Rules
The motion for default judgment must be served at least 7 days before the hearing.
Motion for default judgment served 7 days prior to hearing
Page 1 | Checklist for Motions for Default Judgment
Courtesy Copy Requirements
The parties must file a joint pre-trial brief by the ordered deadline and provide a judge's copy to the Court.
IT IS FURTHER ORDERED that by __________________, Plaintiff and Defendant shall file a joint trial brief that includes the following, and shall provide a judge's copy to the Court:
Page 1 | Final Pre-Trial Order (Form)
Pre-Motion Conference Requirements
Parties filing discovery motions must use the free virtual Discovery Mediation program, available Fridays 9:00 a.m. to 12:00 p.m. via Zoom, by scheduling with mediator coordinator Tina Sykes.
Parties with discovery motions must make use of free virtual Discovery Mediation: Virtual discovery mediation is available every Friday from 9:00 a.m. to 12:00 p.m. via Zoom. To make an appointment with a mediator, please contact Tina Sykes at: tina.sykes@3rdcc.org or (313) 224-5606.
Page 1 | Discovery Motions / Virtual Discovery Mediation
Adjournment & Extension Requirements
Settlement conferences may be adjourned only by stipulation, no later than two weeks after the currently scheduled conference, and the parties must email or fax confirmation of the new date.
Adjournment of settlement conference: Only upon stipulation of the parties and NO LATER than two weeks after the currently scheduled settlement conference. The parties must email of fax confirmation of the new date.
Page 1 | Settlement Conference Procedure
Adjournment of case evaluation is by motion; parties may stipulate to adjourn discovery through case evaluation only if case evaluation has never been adjourned.
Adjournment of Case Evaluation: ___ Stipulation _X_ Motion; parties may stipulate to adjourn discovery through case evaluation if case evaluation has never been adjourned.
Page 1 | Adjournment of Case Evaluation
On appeal, oral arguments may be rescheduled by agreement within a week of the original date, but in no event later than six months after the filing date.
Upon agreement of the parties, oral arguments may be moved within a week of the originally scheduled arguments. However, oral arguments will NOT be heard later than six months after the filing date.
Page 1 | Appeals
Motions may be adjourned by the moving party upon a call or email to the Court.
Adjournment of Motion: By the moving party upon a call or email to the Court.
Page 1 | Motion Practice
The final pre-trial conference is generally held in person the Monday one week before trial and may be rescheduled only so long as it occurs during the week prior to trial.
The Court generally sets the Final Pre-Trial Conference to take place in-person the Monday one week prior to the trial date. This date may be changed as long as the Final Pre-Trial Conference is held during the week prior to trial.
Page 1 | Adjournment of Final Pre-Trial Conference
The Court will not adjourn a settlement conference more than 3 weeks to accommodate facilitation.
The Court will not adjourn settlement conference more than 3 weeks to accommodate facilitation.
Page 1 | Settlement Conference Procedure
The moving party may request an adjournment of a summary disposition motion by contacting the law clerk, who will determine the next available date.
The moving party may request an adjournment by contacting the law clerk who will determine the next available date.
Page 1 | Motion for Summary Disposition Procedure
Chambers Communication Rules
After e-filing a motion for summary disposition, parties must email a copy of the motion to the Judicial Law Clerk to obtain a hearing date and allow up to 7 days for a response.
After you have e-filed a Motion for Summary Disposition, email a copy of the motion to the Judicial Law Clerk for a hearing date. Please allow up to (7) days for a response.
Page 1 | Motion for Summary Disposition Procedure
The courtroom email address for contact with the judge's chambers is judgefresard-court@3rdcc.org.
Courtroom Email: judgefresard-court@3rdcc.org
Page 1 | Courtroom Contact Information
Parties having Zoom connection difficulties or needing a call-in number should call 313-224-5430.
If you have difficulty connecting or need a call-in number, call 313-224-5430.
Page 1 | ZOOM CONNECTION INFORMATION / Courtroom Contact Information
The courtroom phone (313) 224-5430 is available during hours of 8:30 a.m. to 12:30 p.m. and 2:00 p.m. to 4:30 p.m.
Hours: 8:30 a.m. to 12:30 p.m. 2:00 p.m. to 4:30 p.m. Courtroom Phone Number: (313) 224-5430
Page 1 | Courtroom Contact Information