Limits & Logistics
Document Limits
Courtesy Copies
Motion, Response
- At Least Five Business Days Before Hearing
Communication
Chambers
Phone
Clerk
Document Format Requirements3 rules
Each instruction must be on separate page, in size 14 font, case specific, and gender specific.
- Font size
- 14 points
- Jury instructions
All exhibits must be tabbed with numbers or letters.
Each party is responsible for marking and maintaining his or her exhibits.
- Exhibits
Formatting
- •Each party is responsible for marking and maintaining that party’s exhibits
Document Filing Requirements12 rules
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).
After you receive your time stamped copy of Motion, you must submit a Praecipe to be scheduled on the docket.
The stipulations must include the date of facilitation, and the date of discovery cutoff.
E-file a Re-Notice of hearing after new hearing date is given by judicial attorney. Do not submit adjournment praecipes.
An Order will be issued with the hearing date. The moving party shall then file a Praecipe with the date and time of the hearing and file a Notice of Hearing.
By the first day of trial, counsel must deliver two hard copies to the court and email a copy to the judicial attorney. Shall be stipulated to by parties in advance.
Joint Pre-Trial Orders shall be filed in advance as ordered.
Parties must file a motion if they are beyond the time limits put forth in the court rule.
By 12:00pm Thursday before trial, counsel must deliver nine hard copies to courtroom and email a copy to court clerk.
Any disagreements regarding JI shall be submitted in a motion before trial.
Instructions shall include separate indexes for "Preliminary Jury Instructions" and "Final Jury Instructions," and list the JI number and title.
Filing & Service rules
Electronic Filing Rules
If the adjournment is granted, counsel must e-file a stipulated order stating the new date.
If granted then a stipulated order with new date must be e-filed by counsel.
Page 1 | Settlement Conference Procedure
The moving party must e-file the motion before obtaining a hearing date.
Moving party must first e-file the Motion before obtaining a hearing date.
Page 1 | SUMMARY DISPOSITION MOTIONS
The Third Circuit Court uses e-filing, and filers may register through the provided website.
The Third Circuit Court is an e-filing Court. Register for e-filing here: https://mifile.courts.michigan.gov/register
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Parties may e-file an order the same day or when it is approved as to form and signed by all parties under the 7-day rule.
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
Filing Timing and Cure Windows
A summary disposition motion must be filed at least 21 days before the hearing unless the court orders otherwise.
a minimum of 21 days before the hearing date unless otherwise ordered.
Page 1 | SUMMARY DISPOSITION MOTIONS
Motions in limine must be filed at least three weeks before trial and will be heard on a Friday before 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
A summary disposition motion must be electronically filed no later than 28 days after notice of trial.
Must be e-filed no later than 28 days after notice of trial
Page 1 | SUMMARY DISPOSITION MOTIONS
A stipulated order opting out of case evaluation must be filed within 120 days from the first responsive pleading.
Stipulated orders must be filed w/in 120 days from the 1st responsive pleading pursuant to MCR 2.403 (A)(3).
Page 1 | STATUS CONFERENCE
Facilitation must be completed by the case-evaluation date unless a motion for extension is filed.
The facilitation must be completed by date case evaluation was set unless a motion for extension was filed.
Page 1 | STATUS CONFERENCE
Service and Proof of Service Rules
Scheduling orders are electronically served on counsel of record.
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.
Parties must file JUDGE’S COPY of all motions and responses. MCR 2.119(A)(2).
Page 1 | Judges Copies
Provide a hard judge’s copy of every summary disposition motion and response so it reaches the courtroom at least five business days before the hearing.
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
The Court requests courtesy copies of all motions and responses.
The Court requests a courtesy copy of all motions and responses.
Page 1 | Appeals
Adjournment & Extension Requirements
Further settlement conference adjournments require a motion.
A motion is required for further adjournments.
Page 1 | Settlement Conference Procedure
To request an appeal adjournment, call the court and submit the parties’ stipulation.
Adjournment policy: Call court and submit stipulation of parties.
Page 1 | Appeals
If no stipulation, then may adjourn one to two weeks only on Wednesday or Thursday mornings.
If no stipulation, then may adjourn one to two weeks only on Wednesday or Thursday mornings.
Page 1 | Settlement Conference Procedure
Attorneys may stipulate to adjourn the first settlement conference for up to 90 days if they are willing to facilitate.
Attorneys may stipulate to adjourn the first Settlement Conference up to 90 days provided they are willing to facilitate.
Page 1 | Settlement Conference Procedure
The moving party must contact the Judicial Attorney to request a new date for an adjourned summary disposition motion.
Moving party must contact the Judicial Attorney to request new date.
Page 1 | SUMMARY DISPOSITION MOTIONS
Attorneys may stipulate to move a scheduling order from Track I to Track II; additional adjournments require a motion.
Attorneys may stipulate to adjournment from Track I to Track II, but for additional adjournments a motion must be filed.
Page 1 | STATUS CONFERENCE
A settlement conference adjournment must be requested from the court clerk.
Adjournment must be requested from court clerk.
Page 1 | Settlement Conference Procedure
Chambers Communication Rules
Counsel must schedule motions in limine with the clerk.
Counsel must schedule motions with clerk.
Page 1 | Trial
If there is a video deposition, counsel must contact Court Reporting in advance of trial.
Must contact Court Reporting in advance of trial if there is a video deposition.
Page 1 | Trial
For an emergency motion that must be heard before the next available motion date, contact the court clerk by phone.
Emergency motions- to be heard before the above date -contact court clerk at (313) 224-2415
Page 1 | General Motions
In a driver’s license restoration case, contact the court clerk to obtain a hearing date because it is not set automatically upon filing.
Contact Court Clerk to receive hearing date it is not automatically set upon filing.
Page 1 | Driver’s License Restoration cases
Courtroom staff may not give legal advice.
Courtroom staff is not permitted to give legal advice.
Page 1 | Appeals
Questions about summary disposition motions may be directed to the Judicial Attorney or Judge Cusick’s court email, or by phone to the Judicial Attorney.
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
Court staff may not give legal advice.
Court Staff: is not allowed to give legal advice.
Page 1 | Trial