Third Judicial Circuit Court of Michigan Adjournment & Extension Requirements

CRITICALCivil cases

Summary-disposition-motion adjournments require court approval.

Adjournment: Only with court approval.

CRITICALCivil cases

Subsequent adjournments must be requested by motion.

Subsequent adjournments must be made by motion.

CRITICALCivil cases

Settlement-conference adjournments must be requested by motion.

Adjournments must be made by motion.

CRITICALCivil cases

An appeal adjournment requires court approval and all parties’ stipulation and may be no longer than two weeks.

Adjournment: With approval from the court and stipulation of all parties. The adjournment shall be for no more than 2 weeks.

CRITICAL

Scheduling-order dates may be adjourned by stipulation through Track 2; an adjournment of Case Evaluation beyond Track 2 requires a motion and hearing, while discovery may be extended by stipulation to the Case Evaluation date regardless of track; substitution of counsel is not a suitable ground absent extremely exceptional or unforeseeable circumstances.

JUDGE EVANS CURRENTLY ALLOWS STIPULATIONS TO ADJOURN SCHEDULING ORDER DATES TO TRACK #2. A MOTION MUST BE FILED AND A MOTION HEARING SCHEDULED FOR ANY ADJOURNMENT REQUEST OF CASE EVALUATION BEYOND TRACK #2. The parties may also always stipulate to extend discovery to the date of Case Evaluation, regardless of track. NOTE: Substitution of counsel is not a suitable ground for adjournment or delay, absent extremely exceptional/unforeseeable circumstances.

CRITICAL

A non-moving party must request an adjournment by motion.

Requests for adjournment by a non-moving party must be by motion.

CRITICAL

Request an adjournment at least 24 hours before the hearing with the parties’ stipulation; if they cannot stipulate, the requesting party must file a motion.

All adjournments must be made at least 24 hours prior to the Court hearing and must be made upon stipulation of the parties. If the parties cannot stipulate, the party requesting the adjournment must file a motion.

WARNINGCivil cases

Parties may stipulate to one motion adjournment; if they cannot proceed after that adjourned date, the motion will be dismissed but may be refiled later.

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 at a later date

WARNINGCivil cases

Requests to extend the appellate briefing schedule are decided case by case.

Requests for extension of the briefing schedule are determined on case by case basis.

WARNINGCivil cases

The parties may stipulate to the first scheduling-order adjournment; later adjournments require a motion.

The court allows the parties to stipulate to adjournment of the scheduling order by stipulation on the first request and motion thereafter.

WARNINGCivil cases

Requests to extend the appellate briefing schedule are decided case by case.

Requests for extension of the briefing schedule are determined on a case by case basis.

WARNINGCivil cases

Requests to adjourn oral argument are decided case by case.

Adjournment of oral argument is determined on a case by case basis.

WARNINGCivil cases

Appeal adjournments may be by agreement or motion and generally should not exceed one week.

By agreement or motion. Generally, no more than a 1 week adjournment.

WARNINGCivil cases

After-cutoff discovery may proceed by written stipulation only if the extension does not affect the specified motion, settlement, pretrial, or trial dates.

Discovery may be conducted after the discovery cutoff date by written stipulation only if the extension of time does not affect dates for any motion cutoff, settlement conference, submission of joint final pretrial order, final pretrial conference, or trial.

WARNINGCivil cases

Parties should request settlement-conference adjournments at least one week in advance.

*Requests should be made at least 1 week in advance*

WARNINGCivil cases

If a discovery extension would affect the specified dates, or a party seeks to adjourn those dates for another reason, the party must promptly file a written motion demonstrating good cause once the need becomes apparent.

If an extension of discovery would affect such dates, or if a party seeks adjournment of such dates for other reasons, a written motion demonstrating good cause must be filed as soon as the need for an extension or adjournment becomes apparent.

WARNING

Requests to extend the appeal briefing schedule are determined case by case.

Request for extension of the briefing schedule are determined on case-by-case basis

WARNING

The Parties can mutually agree to stipulate to an Order to move the Scheduling dates from Track 1 to Track 2. Make sure your stipulated Order reflects the original dates and the new adjourned dates.

The Parties can mutually agree to stipulate to an Order to move the Scheduling dates from Track 1 to Track 2. Make sure your stipulated Order reflects the original dates and the new adjourned dates.

WARNINGCivil cases

An adjournment from Track #1 to Track #2 may be submitted by stipulation and order.

Adjournment from Track #1 to Track #2 may be submitted by stipulation and order.

WARNING

Appeal adjournments may be requested by contacting the law clerk by telephone or email, but may not be possible when the appeal is within one month of exceeding time standards.

Adjournments may be requested by contacting the Court’s law clerk via telephone or email.  If the appeal is within one month of being over time standards, an adjournment may not be possible.

WARNINGCivil cases

A Track 1-to-Track II adjournment may be made by party stipulation without a motion.

Requests to Adjourn from Track 1 to Track II do not require a Motion and may be done by stipulation of the parties.

WARNINGCivil cases

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 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 at a later date.

WARNING

Substitution of counsel is not a suitable ground for adjournment or delay unless circumstances are extremely exceptional and unforeseeable.

NOTE: Substitution of counsel is not a suitable ground for adjournment or delay, absent extremely exceptional/unforeseeable circumstances.

WARNING

The parties may stipulate to adjourn scheduling-order dates to Track #2.

JUDGE COX CURRENTLY ALLOWS STIPULATIONS TO ADJOURN SCHEDULING ORDER DATES TO TRACK #2.

WARNING

Adjournments of scheduled summary-disposition hearings are strongly discouraged, especially in the hearing week; the moving party may email the judicial attorney for approval, while a nonmoving party must request an adjournment by motion, and an approved later date requires a re-notice.

Requests for adjournment of scheduled summary disposition hearings are STRONGLY DISCOURAGED, particularly when requested within the same week set for hearing (as the Court has thus already expended considerable time and effort reviewing the filings). Nonetheless, the moving party may email the court's Judicial Attorney to seek approval of a later hearing date. If approved, a re-notice of hearing must be filed. Requests for adjournment by a non-moving party must be by motion.

WARNING

The parties may stipulate to extend discovery until the Case Evaluation date, regardless of track.

The parties may also always stipulate to extend discovery to the date of Case Evaluation, regardless of track.

WARNING

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.

WARNING

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.

WARNING

Attorneys may stipulate to move an adjournment from Track I to Track II; additional adjournments require a filed motion.

Attorneys may stipulate to adjournment from Track I to Track II, but for additional adjournments a motion must be filed.

WARNING

Attorneys may stipulate to adjourn the first settlement conference by 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.

WARNING

Without a stipulation, a settlement conference may be adjourned only one to two weeks and only on Wednesday or Thursday morning.

If no stipulation, then may adjourn one to two weeks only on Wednesday or Thursday mornings.

WARNING

Do not submit an adjournment Praecipe for a summary disposition motion.

Do not submit adjournment praecipes.

WARNINGCivil cases

The Court will consider stipulations and proposed orders seeking adjournment of scheduling-order dates where good cause is stated.

The Court will consider stipulations and proposed orders seeking adjournment of scheduling-order dates where good cause is stated.

WARNINGCivil cases

Attorneys are expected to have only one active Zoom appearance at a time and, if an unresolved conflict arises, must contact the Court or seek an adjournment well in advance.

Attorneys are expected to have only one active Zoom court appearance at a time. If a conflict arises that cannot be resolved, the attorney must contact the Court or seek an adjournment well in advance of the scheduled hearing.

WARNINGCivil cases

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.

WARNINGCivil cases

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.

WARNINGCivil cases

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.

WARNING

To request an appeal adjournment, call the court and submit the parties’ stipulation.

Adjournment policy: Call court and submit stipulation of parties.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

A settlement conference adjournment must be requested from the court clerk.

Adjournment must be requested from court clerk.

WARNING

If an attorney has an unresolved conflict with another Zoom appearance, the attorney should contact the Court or seek an adjournment in advance.

Attorneys are expected to only have one court appearance via Zoom at a time. If an attorney has a conflict that cannot be resolved, the attorney should contact the court or seek an adjournment in advance.

WARNINGCivil cases

Parties may stipulate to extend discovery through the case-evaluation-summary due date or to adjourn to Track 2.

Parties may stipulate to conduct discovery up to the due date for case evaluation summaries. Parties may also stipulate to adjourn to Track 2.

WARNINGCivil cases

The moving party may adjourn a motion once, with the court’s permission.

The moving party may adjourn the motion once with the court's permission.

WARNING

Adjournments of summary-disposition hearings are strongly discouraged, especially when requested in the hearing week; the moving party may email the Judicial Attorney for approval of a later date, while a non-moving party must request an adjournment by motion, and an approved date requires a new hearing notice.

Requests for adjournment of scheduled summary disposition hearings are STRONGLY DISCOURAGED, particularly when requested within the same week set for hearing (as the Court has thus already expended considerable time and effort reviewing the filings). Nonetheless, the moving party may email the court's Judicial Attorney to seek approval of a later hearing date. If approved, a re-notice of hearing must be filed. Requests for adjournment by a non-moving party must be by motion.

WARNING

A late interpreter request will result in the hearing being adjourned.

Failure to request an interpreter in a timely manner will result in an adjournment of the Court hearing.

WARNING

Adjournment requests must state the case filing date and whether there have been prior adjournments.

All requests for adjournments must include the filing date of the case and whether or not there have been prior adjournments.

WARNING

An attorney with an irresolvable scheduling conflict should seek an adjournment in advance.

Attorneys are expected to only have one court appearance via Zoom at a time. If an attorney has a conflict that cannot be resolved, the attorney should contact the court or seek an adjournment in advance.