Limits & Logistics
Document Limits
Courtesy Copies
General Motion, Response, Reply
Joint Trial Brief
Motion for Summary Disposition
Communication
Clerk
Phone
Document Format Requirements1 rule
Attorneys must bring their own stickers for marking exhibits to trial.
Document Filing Requirements31 rules
Proposed Jury Instructions and the Verdict Form must be provided to the Court at the final pre-trial conference.
State that the ADR process shall be completed no later than 60 days after the close of discovery.
9. Final Jury Instructions and Verdict Form. The parties must submit requested jury instructions and a verdict form.
8. Trial. The parties must state whether it is a jury or non-jury trial and the estimated length of trial.
The moving party shall file a notice of hearing and a praecipe.
__Notice of hearing including Zoom information served and filed
2. Stipulation of Facts. The parties shall state, in separately numbered paragraphs, all uncontested facts.
1. Party’s Claims. The statement of the party’s claim or claims and legal theories.
Stipulated orders must identify the ADR process to be used.
Only listed exhibits will be considered for admission at trial, except for rebuttal exhibits which could not be reasonably anticipated before trial, or except for good cause shown.
6. Witnesses. Each party shall list all witnesses, a synopsis of their testimony, the order of the witnesses, and the anticipated length of time for direct and cross examination. Except as permitted by the Court for good cause a party may not list a witness unless the witness was included on a witness list submitted under a prior order or has been deposed. The list shall state whether the witness is an expert and whether the testimony will be offered by deposition.
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.
If the parties seek to conduct additional voir dire, the parties must stipulate to the length of time to conduct the voir dire.
Parties may agree to use an ADR process other than case evaluation with court approval by filing a stipulated order.
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.
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.
The joint trial brief must address anticipated evidence problems, exhibit and deposition-testimony objections, and known motions in limine.
Court's wording
5. Evidence Problems Likely to Arise at Trial. Include objections to exhibits and to the use of deposition testimony. The order shall list all motions in limine of which counsel or a party without counsel should reasonably be aware.
7. Exhibits. The parties must list with appropriate identification each exhibit (Plaintiff(s)’ using numbers and Defendant(s)’ using letters), including summaries.
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.
Any depositions that will be read into evidence or any video deposition must be reviewed by all attorneys.
Include the deadline to complete discovery, the date to complete the ADR process, and the name of the facilitator/mediator.
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.
On the date of trial, the parties must submit a zip drive with all jury instructions and a verdict form ad must provide hard copies for the judge and all jurors.
4. Issues of Law to be Litigated.
3. Issues of Fact to be Litigated.
__Notice of default entered with affidavit of non-military service
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").
If the parties do not submit a stipulated order or the Court does not approve of the ADR selected by the parties, the case shall proceed to case evaluation.
For example: a breach of contract case should include the contract and an affidavit stating the balanced owed; A personal injury case should include medical bills and an affidavit of the injured party outlining the injuries.
Voir Dire (who conducts): The Court conducts general voir dire. 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.
The parties are encouraged to and may submit proposed voir dire questions.
Filing & Service rules
Electronic Filing Rules
After e-filing a summary disposition motion, the filer must email a copy to the Judicial Law Clerk to obtain a hearing date.
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.
Civil cases
Page 1 | Motion for Summary Disposition Procedure
Filing Timing and Cure Windows
Any visual aids must be set up by 8:30 a.m. on the trial date.
IT IS FURTHER ORDERED that visual aids, if any, must be set up by 8:30 a.m. on the date of trial.
Civil cases
Page 1 | Final Pre-Trial Order
A stipulated order proposing 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.
Civil cases
Page 1 | Case Evaluation Procedure
Oral arguments on an appeal will not be heard later than six months after the filing date.
However, oral arguments will NOT be heard later than six months after the filing date.
Civil cases
Page 1 | Appeals
A summary disposition motion must be heard no later than 60 days before the 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.
Civil cases
Page 1 | Motion for Summary Disposition Procedure
ADR must be completed by 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.
Civil cases
Page 1 | Case Evaluation Procedure
Summaries and supporting documents are due within 7 days of the hearing.
Submission of summary and supporting documents shall be due within 7 days of the hearing.
Civil cases
Page 1 | Case Evaluation Procedure
Service and Proof of Service Rules
The complaint must have been filed and served for a default judgment motion checklist.
__Complaint filed and served
Civil cases
Page 1 | Checklist for Motions for Default Judgment
Responses, including briefs, and replies 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).
Civil cases
Page 1 | Motion for Summary Disposition Procedure
The motion for default judgment must be served 7 days before the hearing.
__Motion for default judgment served 7 days prior to hearing
Civil cases
Page 1 | Checklist for Motions for Default Judgment
Proof of service of the notice of hearing must be filed.
__Proof of service of notice of hearing filed
Civil cases
Page 1 | Checklist for Motions for Default Judgment
__Proof of service of notice of default
__Proof of service of notice of default
Civil cases
Page 1 | Checklist for Motions for Default Judgment
Courtesy Copy Requirements
Do not email or mail general motions to the courtroom; responses and replies need not be provided, 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.
Civil cases
Page 1 | General Motion Practice
The parties must file a joint trial brief by the specified date 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:
Civil cases
Page 1 | Final Pre-Trial Order
The courtroom is paperless unless the Court requests otherwise.
NOTE: WE ARE A PAPERLESS COURTROOM, unless the Court requests otherwise.
Civil cases
Page 1 | Motion for Summary Disposition Procedure
Pre-Motion Conference Requirements
Parties with discovery motions must use the free virtual Discovery Mediation process.
Parties with discovery motions must make use of free virtual Discovery Mediation:
Civil cases
Page 1 | General Motion Practice
Adjournment & Extension Requirements
The Court will not extend a settlement conference adjournment by more than 3 weeks to accommodate facilitation.
The Court will not adjourn settlement conference more than 3 weeks to accommodate facilitation.
Civil cases
Page 1 | Settlement Conference Procedure
The moving party may adjourn a motion by calling or emailing the Court.
Adjournment of Motion: By the moving party upon a call or email to the Court.
Civil cases
Page 1 | General Motion Practice
A settlement conference may be adjourned only by party stipulation, and the new date must be no later than two weeks after the currently scheduled conference.
Adjournment of settlement conference: Only upon stipulation of the parties and NO LATER than two weeks after the currently scheduled settlement conference.
Civil cases
Page 1 | Settlement Conference Procedure
A case evaluation adjournment is by motion; parties may stipulate to adjourn discovery through case evaluation 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.
Civil cases
Page 1 | Adjournment of Case Evaluation
By agreement of the parties, appellate oral arguments may be moved within one week of the originally scheduled arguments.
Adjournment policy: Upon agreement of the parties, oral arguments may be moved within a week of the originally scheduled arguments.
Civil cases
Page 1 | Appeals
The moving party may request an adjournment by contacting the law clerk, who determines the next available date.
The moving party may request an adjournment by contacting the law clerk who will determine the next available date.
Civil cases
Page 1 | Motion for Summary Disposition Procedure
The Court generally schedules the final pretrial conference in person on the Monday one week before trial; the date may be changed if the conference remains during the week before trial.
Adjournment of Final Pre-Trial Conference: 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.
Civil cases
Page 1 | Adjournment of Final Pre-Trial Conference
Chambers Communication Rules
The parties must email confirmation of the new settlement conference date.
The parties must email confirmation of the new date.
Civil cases
Page 1 | Settlement Conference Procedure
A motion adjournment request may be made to the Court by phone.
Adjournment of Motion: By the moving party upon a call or email to the Court.
Civil cases
Page 1 | General Motion Practice
Parties seeking facilitation should schedule it and contact the Court as soon as possible.
Parties who wish to facilitate should schedule facilitation and contact the Court as soon as possible.
Civil cases
Page 1 | Settlement Conference Procedure
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.
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.
Civil cases
Page 1 | Motion for Summary Disposition Procedure
To schedule virtual discovery mediation, contact Tina Sykes by email or phone; mediation is available Fridays from 9:00 a.m. to 12:00 p.m. via Zoom.
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.
Civil cases
Page 1 | General Motion Practice