Judge Paul J. Cusick
Individual Rules, Standing Orders & Policies
Limits & Logistics
Courtesy Copies
Motion, Response
- 1 copy • Upon Filing
Rule 56 Motions
- 1 copy • At Least Five Business Days Before Hearing
Adjournments
- Facilitation must be completed by the originally set case evaluation date unless a motion for extension has been filed.
- To adjourn a summary disposition motion, the moving party must contact the judicial attorney for a new date, e-file a Re-Notice of Hearing afterward, and must not submit adjournment praecipes.
- Attorneys may stipulate to one adjournment of scheduling orders from Track I to Track II; any further adjournment requires a filed motion.
- +3 more
Request must include
Communication
Chambers
Phone
Clerk
Document Format Requirements2 rules
Each jury instruction must be on a separate page in size 14 font and must be case specific and gender specific.
Each instruction must be on separate page, in size 14 font, case specific, and gender specific.
All exhibits filed with summary disposition judge's copies must be tabbed with numbers or letters.
All exhibits must be tabbed with numbers or letters.
Document Filing Requirements7 rules
After receiving a time-stamped copy of a motion, a Praecipe must be submitted to have the motion scheduled on the docket.
After you receive your time stamped copy of Motion, you must submit a Praecipe to be scheduled on the docket.
Document Type
Praecipe
Counsel must schedule motions in limine with the clerk and a Praecipe is required.
Counsel must schedule motions with clerk. A Praecipe is required.
Document Type
Praecipe
After the hearing-date order is issued, the moving party must file a Praecipe stating the hearing date and time and file a Notice of Hearing.
The moving party shall then file a Praecipe with the date and time of the hearing and file a Notice of Hearing.
Document Type
Praecipe
Stipulations opting out of case evaluation must include the date of facilitation and the date of the discovery cutoff.
The stipulations must include the date of facilitation, and the date of discovery cutoff.
Document Type
Stipulated Order
A stipulated order adjourning the first settlement conference must include the facilitator's name, the facilitation date (within 90 days of the originally scheduled conference), and the new settlement conference date obtained from the court clerk.
The stipulated order must include: (1) the name of the facilitator; (2) the date of facilitation (within the 90 days of when the first settlement conference was scheduled); and (3) the new settlement conference date (obtained from the court clerk).
Document Type
Stipulated Order
The jury verdict form must be stipulated to by the parties in advance of trial.
Shall be stipulated to by parties in advance.
Document Type
Jury Verdict Form
Joint jury instructions must include separate indexes for Preliminary and Final Jury Instructions and list each JI number and title.
Instructions shall include separate indexes for "Preliminary Jury Instructions" and "Final Jury Instructions," and list the JI number and title.
Document Type
Jury Instructions
Filing & Service rules
Electronic Filing Rules
Summary disposition motions must be filed electronically (e-filed).
Time: Must be e-filed no later than 28 days after notice of trial and a minimum of 21 days before the hearing date unless otherwise ordered.
Page 1 | SUMMARY DISPOSITION MOTIONS:
The Third Circuit Court is an e-filing court and parties must register for e-filing through MiFILE at https://mifile.courts.michigan.gov/register.
The Third Circuit Court is an e-filing Court. Register for e-filing here: https://mifile.courts.michigan.gov/register
Page 1 | Trial:
Filing Timing and Cure Windows
Joint pre-trial orders must be filed in advance of the final pre-trial conference as ordered by the court.
Joint Pre-Trial Orders shall be filed in advance as ordered.
Page 1 | Final Pre-Trial Conferences:
By the first day of trial, counsel must deliver two hard copies of the jury verdict form to the court and email a copy to the judicial attorney.
Jury Verdict Form: By the first day of trial, counsel must deliver two hard copies to the court and email a copy to the judicial attorney.
Page 1 | Trial:
Summary disposition motions must be e-filed no later than 28 days after notice of trial unless otherwise ordered.
Time: Must be e-filed no later than 28 days after notice of trial and a minimum of 21 days before the hearing date unless otherwise ordered.
Page 1 | SUMMARY DISPOSITION MOTIONS:
By 12:00 PM on the Thursday before trial, counsel must deliver two hard copies of joint jury instructions to the courtroom and email a copy to the court clerk.
By 12:00pm Thursday before trial, counsel must deliver two hard copies to courtroom and email a copy to court clerk.
Page 1 | Trial:
Stipulated orders opting out of case evaluation must be filed within 120 days from the first responsive pleading under MCR 2.403(A)(3).
Opting out of Case Evaluation: Stipulated orders must be filed w/in 120 days from the 1st responsive pleading pursuant to MCR 2.403 (A)(3).
Page 1 | Opting out of Case Evaluation:
Motions in limine must be filed at least three weeks before trial and will be heard on any Friday prior to trial.
Motions in limine (when heard): Must be filed at least three weeks before trial, and will be heard on any Friday prior to trial.
Page 1 | Trial:
Parties may e-file an order the same day or once it is approved as to form and signed by all parties under the 7-day rule (MCR 2.602(B)).
Parties may e-file order on the same day or when order is approved as to form and signed by all parties under 7 day rule. MCR 2.602(B).
Page 1 | Judges Copies
Service and Proof of Service Rules
Counsel need not appear at status conferences; scheduling orders are electronically signed and e-served on counsel of record.
STATUS CONFERENCE: Counsel's appearance not required. Scheduling Orders are electronically signed and e-served upon counsel of record.
Page 1 | STATUS CONFERENCE:
Courtesy Copy Requirements
Parties must file a judge's copy of all motions and responses pursuant to MCR 2.119(A)(2).
Judges Copies: Parties must file JUDGE'S COPY of all motions and responses. MCR 2.119(A)(2).
Page 1 | Judges Copies
A judge's hard copy of all summary disposition motions and responses must be received by the courtroom at least five business days before the hearing.
Judge's Copies: Please provide a JUDGE'S HARD COPY of all motions for SD and responses. [Due to delays in processing by the clerk's office it takes a few days for responses to be visible through e-filing]. The Courtroom MUST receive all judge's copies at least FIVE business days prior to hearing.
Page 1 | SUMMARY DISPOSITION MOTIONS:
In appeals, the court requests a courtesy copy of all motions and responses.
The Court requests a courtesy copy of all motions and responses.
Page 1 | Appeals:
Adjournment & Extension Requirements
Facilitation must be completed by the originally set case evaluation date unless a motion for extension has been filed.
The facilitation must be completed by date case evaluation was set unless a motion for extension was filed.
Page 1 | Opting out of Case Evaluation:
To adjourn a summary disposition motion, the moving party must contact the judicial attorney for a new date, e-file a Re-Notice of Hearing afterward, and must not submit adjournment praecipes.
Adjournment of Motion for Summary Disposition: Moving party must contact the Judicial Attorney to request new date. E-file a Re-Notice of hearing after new hearing date is given by judicial attorney. Do not submit adjournment praecipes.
Page 1 | SUMMARY DISPOSITION MOTIONS:
Attorneys may stipulate to one adjournment of scheduling orders from Track I to Track II; any further adjournment requires a filed motion.
Adjournment of scheduling orders: Attorneys may stipulate to adjournment from Track I to Track II, but for additional adjournments a motion must be filed.
Page 1 | STATUS CONFERENCE:
Without a stipulation, a settlement conference may be adjourned only one to two weeks and only on Wednesday or Thursday mornings; any further adjournment requires a motion.
If no stipulation, then may adjourn one to two weeks only on Wednesday or Thursday mornings. A motion is required for further adjournments.
Page 1 | Settlement Conference Procedure:
To adjourn an appeal, a party must call the court and submit a stipulation of the parties.
Adjournment policy: Call court and submit stipulation of parties.
Page 1 | Appeals:
Settlement conference adjournments must be requested from the court clerk; if granted, counsel must e-file a stipulated order with the new date, and attorneys may stipulate to adjourn the first settlement conference up to 90 days if willing to facilitate.
Adjournment must be requested from court clerk. If granted then a stipulated order with new date must be e-filed by counsel. Attorneys may stipulate to adjourn the first Settlement Conference up to 90 days provided they are willing to facilitate.
Page 1 | Settlement Conference Procedure:
Chambers Communication Rules
For summary disposition motions, the moving party must first e-file the motion, then email the judicial attorney (janet.wolters@3rdcc.org, call 313-224-6267, or email JudgeCusick-Court@3rdcc.org) to obtain a hearing date by order.
Hearing Date: Moving party must first e-file the Motion before obtaining a hearing date. Email Judicial Attorney Janet Wolters, janet.wolters@3rdcc.org [or call 313-224-6267] or E-mail JudgeCusick-Court@3rdcc.org. An Order will be issued with the hearing date.
Page 1 | SUMMARY DISPOSITION MOTIONS:
Emergency motions to be heard before the next general motion date require contacting the court clerk at (313) 224-2415.
Emergency motions- to be heard before the above date -contact court clerk at (313) 224-2415
Page 1 | General Motions
Questions about summary disposition motions should be directed to judicial attorney janet.wolters@3rdcc.org (or 313-224-6267) or JudgeCusick-Court@3rdcc.org.
Questions: Regarding a Motions for Summary Disposition, email the judicial attorney, janet.wolters@3rdcc.org, [or call 313-224-6267] or e-mail JudgeCusick-Court@3rdcc.org.
Page 1 | SUMMARY DISPOSITION MOTIONS: