Third Judicial Circuit Court of Michigan Document Filing Requirements

CRITICALCivil cases

Applies to

Judgment or order

A judgment or order awarding custody of a minor must include a provision against moving the child’s domicile or residence without judicial consent.

The provision against moving the domicile or residence of the child(ren) without judicial consent. MCR 3.211(C)(1).

CRITICALCivil cases

Applies to

Judgment

A judgment awarding child or spousal support must incorporate a Uniform Support Order by reference.

The judgment incorporates by reference a Uniform Support Order.

CRITICAL

Applies to

Order to withdraw or substitute counsel

An order to withdraw or substitute counsel must be signed by all parties or their representatives and include the new attorney’s contact information, or the unrepresented party’s contact information.

Orders to withdraw/substitution of counsel: Just like all consent orders, the orders must possess signatures by all parties (Plaintiff and Defendant) or their representative – not merely one side. The new attorney's contact information (or the party’s contact information if the party is unrepresented by counsel) must be provided in the order to withdraw or substitute.

CRITICALCivil cases

Applies to

Judgment or order

The judgment should include the specified restriction on parenting time in a nation that is not a party to the Hague Convention unless both parents provide written consent to the Court.

Per MCL 722.27a, the following provision “Neither parent shall exercise parenting time in a nation that is not a party to the Hague Convention on the Civil Aspects of International Child Abduction unless both parents provide the Court with written consent to allow parenting time in a nation that is not a party to this convention.”

CRITICAL

Applies to

Praecipe

For a domestic relations motion, consult the docket directive to determine the hearing location and file the corresponding FOC or Judge’s praecipe.

Proper place for hearing to be held. Some domestic relations motions are handled first by the Friend of the Court Referee and others will be set directly with the Judge. Please refer to the docket directive to ascertain where your hearing should be held and file either an FOC praecipe or a Judge’s praecipe.

CRITICALCivil cases

Applies to

Judgment

The judgment should include insurance provisions required by MCL 552.101.

Insurance provisions as required by MCL 552.101. MCR 3.211(B)(1).

CRITICALCivil cases

Applies to

Judgment

If no spousal or child support is ordered, the judgment must state that support is reserved or that spousal support is not ordered.

If no spousal support or child support is ordered, a statement that support is reserved or spousal support is not ordered. MCR 3.211(D)(2)(b).

CRITICALCivil cases

Applies to

Judgment or order

A judgment or order awarding custody of a minor must include a provision requiring the Friend of the Court to be supplied with a written change of address for the child.

The provision for the necessity of supplying the FOC with a written change of address for the child(ren). MCR 3.211(C)(2).

CRITICAL

Applies to

Written motion

A request for judgment with minor children before six months from filing must be made by written motion alleging specific unusual hardship or compelling necessity; a blanket best-interest allegation is insufficient.

MCL 552.9f, MCR 3.210. Any request for entry of judgment with minor children prior to the expiration of six months from the date of filing must be made by written motion and present specific allegations of unusual hardship or compelling necessity; a blanket allegation declaring that expediting the divorce is in the best interest of the minor children is insufficient.

CRITICALCivil cases

Applies to

Judgment

A release of dower rights. MCL 552.101(1).

A release of dower rights. MCL 552.101(1).

CRITICAL

Applies to

Order

For each signed order, attorneys or litigants must present the original and four true copies, or a number of true copies equal to the parties if greater; the clerk will not make copies.

True copies. The court clerk will process the original plus four true copies of each order signed, or as many true copies as there are parties, whichever is greater. Attorneys/litigants must present copies for processing, as the clerks will not be able to make copies.

CRITICALCivil cases

Applies to

Judgment

The judgment must include a statement addressing whether it resolves the parties’ last pending claim and closes the case, using one of the provided options.

21. The required statement regarding whether the judgment resolves the last pending claim of the parties and closes the case. MCR 2.602(A)(3). _____ Included _____ Omitted _____ Incomplete PAGE ______ Option 1: “As of this date, this Judgment disposes of the last pending claim between the parties and closes the case.” Option 2: “Except for issues which remain under the court’s continuing jurisdiction such as 1) child custody; 2) child support; 3) parenting time; and 4) alimony (only if not alimony in gross), which both parties expressly agree is subject to modification, this Judgment disposes of the last pending claim between the parties as of this date and closes the case.”

CRITICAL

Applies to

Stipulated order

A stipulated order must be presented to the court before a motion adjournment will be granted.

A stipulated order must be presented to the court before the order will be adjourned.

CRITICALCivil cases

Applies to

Judgment or order

Each separate subject in a judgment or order must be set out in its own paragraph with an appropriate heading.

Each separate subject in a Judgment or Order is set forth in a separate paragraph with an appropriate heading. MCR 3.211(A).

CRITICALCivil cases

Applies to

Judgment

Jurisdictional language and language concerning breakdown of the marriage.

Jurisdictional language and language concerning breakdown of the marriage.

CRITICALCivil cases

Applies to

Judgment

Determination of rights in pension, annuity, and retirement benefits. MCL 552.101(4); MCR 3.211(B)(2).

Determination of rights in pension, annuity, and retirement benefits. MCL 552.101(4); MCR 3.211(B)(2).

CRITICAL

Applies to

Motion to settle orders

A motion to settle orders must include a transcript of the proceeding in which the agreement or ruling was made on the record.

Motion to settle orders. A transcript of the proceeding in which an agreement or ruling was made on the record must be presented with the motion.

CRITICALCivil cases

Applies to

Uniform support order

A judgment awarding child or spousal support must use the latest version of the Uniform Support Order drafted by the state court administrative office.

The latest version of the Uniform Support Order drafted by the state court administrative office. MCR 3.211(D)(1).

CRITICALCivil cases

Applies to

Judgment

The judgment should determine the parties’ personal property rights.

A determination of the personal property rights of the parties. MCL 552.103; MCR 3.211(B)(3).

CRITICALCivil cases

Applies to

Judgment

The judgment checklist calls for the legal description to be included when applicable.

Legal Description: _____ Included _____ Omitted PAGE ______

CRITICALCivil cases

Applies to

Judgment

The judgment should include a provision granting, reserving, or denying spousal support.

A provision granting, reserving or denying spousal support. MCL 552.13(1); MCR 3.211(B)(4).

CRITICAL

Applies to

Ex parte order

Ex Parte Orders. Ex parte orders presented for entry at the outset of the case will only be granted upon presentation of an affidavit or verified pleading with specific allegations that irreparable injury, loss, or damage will result from the delay required to effect notice, or that notice itself will precipitate adverse action.

Ex Parte Orders. Ex parte orders presented for entry at the outset of the case will only be granted upon presentation of an affidavit or verified pleading with specific allegations that irreparable injury, loss, or damage will result from the delay required to effect notice, or that notice itself will precipitate adverse action.

CRITICALCivil cases

Applies to

Judgment or order

A judgment or order awarding custody of a minor must include the specified provision restricting a change in the child’s legal residence.

The provision regarding change of legal residence of the child(ren). 1970 PA 91, MCL 722.31, as amended. This provision must read: “A parent whose custody or parenting time of a child is governed by this Order shall not change the legal residence of the child to more than 100 miles from the child’s legal residence at the time of the commencement of the action except in compliance with Section 11 of the Child Custody Act of 1970.”

CRITICAL

Applies to

Order

Generally, all orders must bear original signatures.

Signatures. Generally, original signatures must appear on all orders.

CRITICALCivil cases

Applies to

Amended order judgment

An amended order or judgment must be resubmitted with a copy of this notice.

***PLEASE AMEND AND RESUBMIT. INCLUDE A COPY OF THIS NOTICE WITH YOUR AMENDED ORDER/JUDGMENT.***

CRITICALCivil cases

Applies to

Judgment or order

The judgment should include a parenting-time provision.

A parenting time provision. MCL 722.27a.

CRITICALCivil cases

Applies to

Judgment

The judgment should include a standard post-judgment waiver of life-insurance rights and remind the parties to change beneficiary designations.

Standard waiver of rights to life insurance after entry of judgment and a reminder for the parties to change beneficiary designations.

CRITICALCivil cases

Applies to

Judgment or order

A judgment or order awarding custody of a minor must include a statement declaring the children’s inherent rights and establishing rights and duties concerning custody, support, and parenting time.

The statement declaring the children’s inherent rights and establishing the rights and duties regarding children’s custody, support and parenting time. MCL 722.24(1).

CRITICALCivil cases

Applies to

Judgment

The judgment should determine the parties’ real property rights.

A determination of the real property rights of the parties. MCL 552.103; MCR 3.211(B)(3).

CRITICALCivil cases

Applies to

Stipulation

An opt-out stipulation for case evaluation is allowed only with all parties’ consent and must identify the facilitator and facilitation date.

Stipulations to opt out of case evaluation to facilitate are allowed ONLY with the consent of all parties and must contain the name of the facilitator AND a date for facilitation.

CRITICALCivil cases

Applies to

Motion

A party seeking to appear by Zoom for trial must file a motion with the Court.

Any party wishing to appear via zoom must file a MOTION with the Court.

CRITICALCivil cases

Applies to

Joint pretrial order

The proposed joint final pretrial order must include the listed trial date, claims, stipulations, issues, damages, evidence problems, and known motions in limine under appropriate captions and in the stated order.

The proposed JFPO shall contain, under appropriate captions in the order indicated, the following:TRIAL DATE and TIME. PLAINTIFF’S CLAIMS: A concise statement of Plaintiff's claim, including third party plaintiff, claims and defenses including their legal theories upon which each claim or defense is based. DEFENDANT’S CLAIMS: A concise statement of Defendant's defenses and cross-claims, including claims of third-party Plaintiff(s), and defenses of third-party Defendant(s), including legal theories. STIPULATION OR ADMISSION OF FACTS: A recitation of any facts or other matters to which the parties have stipulated. ISSUES OF FACT: Issues of fact remaining to be litigated. ISSUES OF LAW: Issues of law to be litigated. DAMAGES: An itemized statement of special damages with authority to support. Further, Counsel will be requested to stipulate to those items not in dispute. EVIDENCE PROBLEMS LIKELY TO ARISE AT TRIAL: Include any remaining objections to exhibits and use of depositions. All motions in limine of which counsel or a party without counsel should reasonably be aware of at the time of preparation of the pre-trial order shall be listed in the joint final pre-trial order.

CRITICALCivil cases

Applies to

Pleading

Must include

judge name

List Judge Elder as the judge on every pleading or the pleading will be rejected.

Counsel shall make sure Judge Elder is listed as the judge on all pleadings. Pleadings with prior judges listed will be rejected

CRITICALCivil cases

Applies to

Motion to consolidate

File a motion to consolidate in each case to be consolidated.

Please file motions to consolidate in BOTH cases you are trying to consolidate together.

CRITICALCivil cases

Applies to

Joint pretrial order

The joint pretrial order must identify witnesses and trial exhibits and include specified contact details and objections; unlisted witnesses or exhibits may be barred absent good cause, and generalized witness descriptions are unacceptable.

WITNESSES AND EXHIBIT LISTS: indicate which witnesses will be called and which witnesses may be called. Failure to list witnesses may bar their production at trial. No witnesses shall be listed who have not been included on a prior witness list submitted pursuant to prior order of the Court except for good cause shown. Exhibits to be submitted for admission at trial shall be listed. Failure to list an exhibit on the JTPO without good cause will be excluded from trial. ... Live witnesses must include phone numbers for contact tracing. ... Objection: Include objections to exhibits and to the use of deposition testimony and include legal authority for each objection. Motion is required to show good cause for failure to list the witness on a JTPO. Generalized descriptions of witnesses such as "all or any" are not acceptable.

CRITICALCivil cases

Applies to

Motion for default judgment

A motion for default judgment must include relevant supporting documents and an affidavit from a person with knowledge of the facts and circumstances supporting the requested relief.

Motions must include any relevant documents and an Affidavit of a person with knowledge of the facts and circumstances surrounding the relief requested. 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 records, bills and an Affidavit of the injured party outlining the injuries.

CRITICALCivil cases

Applies to

Motion to adjourn

A motion to adjourn must include the scheduling order and list all relevant dates, including the filing date, in its body.

Must include a copy of the scheduling order and list all relevant dates (including the filing date) in the body of the Motion.

CRITICALCivil cases

Applies to

Joint pretrial order

Submit the joint final pretrial order as one document; the Court will not accept separate proposed documents from each side.

The JFPO must be one document. THE COURT WILL NOT ACCEPT SEPARATE DOCUMENTS PROPOSED BY EACH SIDE.

CRITICALCivil cases

Applies to

Motion for leave

A motion for leave is required to file a summary-disposition motion outside the applicable deadline.

ANY MOTION FOR SUMMARY DISPOSITION FILED OUTSIDE THESE TIMELINES WILL REQUIRE A MOTION FOR LEAVE TO BE FILED

CRITICALCivil cases

Applies to

Praecipe

A reconsideration-motion praecipe must contain the specified calendar request, Judge's name and bar number, a date one week after filing, the 2:00 p.m. time, and a comment line.

At the time of filing the motion, the moving party must file a praecipe for the sole purpose of letting the court know that the motion has been filed. On the praecipe, the moving party shall put the following: Please place in the motion calendar for: Judge Dana M. Hathaway Bar No: 68588 Date: One week from the date of filing Time: 2:00 pm Comment:

CRITICALCivil cases

Applies to

Stipulation and order

To opt out of case evaluation for private facilitation, the parties may submit an Order stating the facilitator's name and facilitation date and including the required settlement-conference statement.

The parties can submit a Stipulation and Order to opt out of case evaluation to attend a private facilitation. The Order must include the facilitator's name, the date of the facilitation and the following statement: "The settlement conference will be held on ____________."

CRITICALCivil cases

Applies to

Stipulation and order

An Order seeking a Track #1-to-Track #2 adjournment must include the new tracking dates.

Parties can submit a Stipulation and Order to adjourn from Track #1 to Track #2. The Order must include the new tracking dates.

CRITICALCivil cases

Applies to

Stipulation and order

A Stipulation and Order for a case-evaluation adjournment must include the stated late-fee language.

PLEASE BE ADVISED that if a request to adjourn case evaluation is not made at least 14 days before the scheduled case evaluation the parties will be responsible for late fees. A Stipulation and Order must contain that language.

CRITICALCivil cases

Applies to

Joint case management plan

Plaintiff’s counsel must file a Joint Case Management Plan identifying agreed and disputed matters and briefly stating the parties’ positions on disputed matters.

Plaintiff’s counsel shall then file a Joint Case Management Plan, identifying areas of agreement and disagreement (and as to such matters, briefly setting forth the parties' positions), at least one week prior to the scheduled conference.

CRITICALCivil cases

Applies to

Initial disclosures

The parties must make the required initial disclosures, to the extent known, within 30 days after the Case Management Conference.

Within 30 days of the Case Management Conference, the parties shall make certain initial disclosures, to the extent that such information is known.

CRITICALCivil cases

Applies to

Joint case management plan

The Joint Plan must address the claims and defenses, requested relief and damages, jurisdiction, venue, pleadings, scheduling proposals, anticipated discovery issues, initial disclosures, jury status, trial length, and the Model Protective Order.

The Joint Plan1 must address the following: 1. A brief description of the Plaintiff’s claim(s) and a brief description of the Defendant’s defenses. Additional paragraphs may be added to address any counterclaims, third-party claims or other additional claims in the case. 2. The parties must disclose the relief and a good faith estimate of the damages sought for all claims and counterclaims. Depending upon the relief and damages amount sought and the nature of the case, the Court may place the case on an expedited docket. 3. The basis for jurisdiction in the Business Court and whether jurisdiction is contested. 4. Whether or not venue is proper in Wayne County. 5. Whether the pleadings are complete or whether any amendments or additional pleadings/parties are required. 6. A proposal for a Scheduling Order to issue in the case, addressing at a minimum the following: a. The date by which any additional parties will be joined and the pleadings completed. b. The date by which all discovery will be completed. The parties will be expected to discuss what type of discovery will be sought in the case. c. Dates for disclosure of testimonial expert witnesses. d. The date by which witness lists will be exchanged. e. The date by which the parties desire to mediate/facilitate the case. The parties shall have discussed a mutually-agreeable facilitator prior to the Case Management Conference. f. Whether and when the parties desire to have the case submitted to case evaluation under MCR 2.403. g. The date by which all dispositive motions will be filed. h. The date by which the parties will be ready for trial. 7. Any discovery issues that the parties anticipate may require Court intervention, including any issues regarding discovery of electronically stored information. 8. Be prepared to discuss the status of initial disclosures required by the Case Management Protocol as well as any issues that the parties are having with regard to the initial disclosures. 9. Whether the case is jury or non-jury. 10. Estimated length of trial. 11. Whether the parties stipulate to the entry of the Model Protective Order as attached.

CRITICALCivil cases

Applies to

Privilege log

A privilege log is required for qualifying pre-litigation documents, must include the specified identifying and privilege information, and must be produced with the document production.

Any document withheld on the basis of a claimed privilege, and generated before the initiation of litigation, shall be logged to allow the opposing party and the Court to assess the prima facie assertion of privilege. The log shall be produced at the same time as the document production. The document production shall be made at the same time as the written responses. The log shall (1) state the document number (e.g. Bates number) of the document, (2) describe the nature and general subject matter of the document not produced,(3) state the date and type of document (e.g., e-mail, notes, memo, etc.), (4) state the name(s) of the author/sender, recipient, and any third parties recipients copied, or, if known, who later received copies; and (5) State the privilege(s) asserted as to the withheld document.

CRITICALCivil cases

Applies to

Joint case management plan

The Joint Case Management Plan must be filed timely, and failure to do so may result in sanctions.

Failure to timely file the Joint Case Management Plan may result in sanctions.

CRITICALCivil cases

Applies to

Expert disclosure

The Defendant must disclose each testimonial expert’s identity and subject matter within 21 days after receiving the Plaintiff’s disclosure.

Defendant must disclose the identity of any testimonial experts, together with a statement of the subject matters(s) to be addressed by each expert witness, within 21 days of receipt of Plaintiff's disclosure as set forth in No. 4.

CRITICALCivil cases

Applies to

Motion

A motion will be placed on the docket only if the parties have an accepted praecipe.

The parties must have an accepted praecipe in order for the motion to be placed on the docket.