Third Judicial Circuit Court of Michigan Document Filing Requirements

CRITICALCivil cases

Applies to

Discovery motion

A motion under the cited discovery rules must state that the movant conferred or attempted to confer in good faith.

When filing a motion pursuant to MCR 2.309(C) or 2.31 0(C)(3), a party must state that the movant has in good faith conferred or attempted to confer with the party not making the disclosure in an effort to secure the disclosure without court action.

CRITICALCivil cases

Applies to

Discovery motion

A motion under MCR 2.309(C) or MCR 2.310(C)(3) must state that the movant in good faith conferred or attempted to confer to obtain disclosure without court action.

When filing a motion pursuant to MCR 2.309(C) or 2.31 0(C)(3), a party must state that the movant has in good faith conferred or attempted to confer with the party not making the disclosure in an effort to secure the disclosure without court action.

CRITICALCivil cases

Applies to

Pleading

Attorneys of Record must provide an email address on all future pleadings.

Attorneys of Record must also provide an email address on all future pleadings.

CRITICALCivil cases

Applies to

Sealed envelope

Must include

caption

A sealed envelope must bear the case caption, a concise non-disclosing inventory, and the prominently displayed protective-order notice.

Such sealed envelopes shall bear the case caption and shall recite a concise, non-disclosing inventory of their contents for docketing purposes. Additionally, in the case of materials or information designated “Confidential," such sealed envelopes shall prominently bear the notice: CONTAINS CONFIDENTIAL INFORMATION SUBJECT TO PROTECTIVE ORDER. TO BE OPENED ONLY BY OR AS DIRECTED BY THE COURT.

CRITICALCivil cases

Applies to

Early discovery and facilitation order

Must include

proposed order

Business Court counsel must bring a proposed Early Discovery and Facilitation Order for the Court’s review at the status conference.

Counsel shall bring a proposed Early Discovery and Facilitation Order for the Court's review.

CRITICALCivil cases

Applies to

Protocol objection

A party objecting to the Protocol must file specific objections before the Case Management Conference, show good cause, and describe proposed deviations and alternatives.

As provided in the Notice and Order to Appear, the Business Court Case Management Protocol shall be adopted as a Court Order by the Court for the governance of all cases assigned to the business court docket unless specific objections are filed by either party prior to the Case Management Conference. b) The Case Management Protocol shall be discussed by the parties and the Court at the initial Case Management Conference. If objections have been raised, the objecting party must show good cause as to why a particular case should be exempted, in whole or in part, from the Case Management Protocol or why the Case Management Protocol should be modified in relation to that particular case. Any deviation from the Case Management Protocol shall be specifically described by the objecting party and alternative procedures suggested.

CRITICALCivil cases

Applies to

Joint case management plan

Counsel for the Plaintiff must file the Joint Plan.

Counsel for Plaintiff must file the Joint Plan.

CRITICALCivil cases

Applies to

Motion to seal

A motion to seal must identify each proposed item, explain the need and protected interest, address less restrictive means, and include supporting legal authority.

The party seeking to file any paper under seal must file and serve a motion under MCR 8.119(1) that (1) describes each item proposed for sealing; (2) states the reason sealing each item is necessary and identifies the specific interest to be protected; (3) explains why there is no less restrictive means to adequately and effectively protect the specific interest; and (4) includes a memorandum of legal authority supporting the motion.

CRITICALCivil cases

Applies to

Expert disclosure

The Plaintiff must disclose each testimonial expert’s identity and the subject matter the expert will address by the date specified in the order.

Plaintiff must disclose the identity of any testimonial experts by ________ together with a statement of the subject matter(s) to be addressed by each expert witness.

CRITICALCivil cases

Applies to

Privilege log

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

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.

CRITICAL

Applies to

Counsel appearance

Counsel must appear in Business Court cases.

Required for Business Court cases.

CRITICAL

Applies to

Adjourned summary disposition motion

An adjourned summary-disposition motion requires a newly e-filed notice of hearing and e-praecipe, with the adjournment box left unchecked.

A new notice-of-hearing must be e-filed, as well as an e-praecipe (do not check the box for adjournment).

CRITICAL

Applies to

Joint final pretrial order

A joint final pretrial order must be e-filed seven days before trial, or by another deadline set by the Court.

A joint Final Pre-Trial order must be e-filed seven (7) days prior to trial or as determined by the Court.

CRITICAL

Applies to

Adjourned motion filing

After receiving a new motion date, the moving party must file a new praecipe without checking the adjournment box and a new notice of hearing.

Once given the new date the moving party must file a new Praecipe (do not check the box for adjournment) and a new notice of hearing.

CRITICAL

Applies to

Stipulated order

A stipulated scheduling-order adjournment must state the original dates and the new adjourned dates.

Make sure your stipulated Order reflects the original dates and the new adjourned dates.

CRITICAL

Applies to

Jury trial submission

If a party seeks nonstandard jury instructions, it must submit a request for special jury instructions and a jury verdict form on the first day of trial.

However, if the jury instructions are not standard, then, on the first day of the trial, parties must submit request for special jury instruction and a jury verdict form.

CRITICAL

Applies to

Motion for entry of order

If viewing the hearing does not resolve the dispute, order the transcript and file a motion for entry of order with the transcript attached.

If viewing the hearing does not help, then order a copy of the transcript from the Court Reporter. Once you have your transcript of the hearing, file a Motion for Entry of Order with the transcript attached.

CRITICAL

Applies to

Summary disposition motion

An MSD’s notice of hearing and praecipe must state that the hearing will be heard “on a date to be set by the Court.”

Given this fact, when filing your MSD, note on your Notice of Hearing and Praecipe that the hearing will be heard “on a date to be set by the Court.”

CRITICALCivil cases

Applies to

E praecipe

File an e-Praecipe for a motion for reconsideration and enter the next business day as the motion date and 9:00 a.m. as the motion time.

In addition, Motions for Reconsideration also require that an e-Praecipe is filed. As no hearing is scheduled for such motions, please enter the next business day as the motion date and a motion time of 9:00am.

CRITICALCivil cases

Applies to

Motion

A praecipe and notice of hearing must be submitted for each motion and adjourned date.

A praecipe and notice of hearing must be submitted for each motion and adjourned date.

CRITICALCivil cases

Applies to

Order for alternate service

Orders for Alternate Service submitted for electronic signature should have a copy of the postal check and affidavit attached.

Orders for Alternate Service submitted for electronic signature should have a copy of the postal check and affidavit attached.

CRITICALCivil cases

Applies to

Motion in limine

For a motion in limine, the praecipe and notice of hearing date must be the first day of trial; there are no exceptions.

Praecipe and Notice of Hearing date will be the first day of trial. No exceptions.

CRITICALCivil cases

Applies to

Motion for summary disposition

After a motion for summary disposition receives a date, file the praecipe and notice of hearing.

When a date has been given, please file the praecipe and notice of hearing.

CRITICAL

Applies to

E praecipe

Follow the docket directive to determine whether the FOC or Judge will handle the motion, file an e-Praecipe with the appropriate office, and then follow the Court’s filing procedures.

Filing: Please follow the docket directive to determine whether a Motion will be before the FOC or the Judge. Once that is determined, please file a e-Praecipe properly with the FOC or Courtroom. Then follow the Court filing procedures.

CRITICAL

Applies to

Order to show cause

An order to show cause will not be granted without a supporting affidavit.

No orders to show cause will be granted without supporting affidavits.

CRITICAL

Applies to

Objection and request for de novo review

An objection and request for de novo review must include a copy of the challenged recommended order.

Please attach to your Objection and Request for De Novo review a copy of the Recommended Order to which you are objecting.

CRITICAL

Applies to

Ex parte order request

A request for an ex parte order must include an affidavit or verified pleading establishing a proper basis and sufficient facts, and the order must comply with MCR 3.207(B)(5) and/or (6).

MCR 3.207 requires that the moving party submit an affidavit or verified pleading that establishes a proper basis for the entry of an Ex Parte Order. The affidavit or verified pleading must allege sufficient facts to justify issuance of the Ex Parte Order, which should mirror the verified allegations.Ex Parte Orders must also comply with MCR 3.207 (B)(5) and/or (6).

CRITICAL

Applies to

Objection to child support recommendation

An objection to a child support recommendation must also include the Friend of the Court or Referee’s calculations.

If you are objecting to a recommendation regarding child support, please also attach the calculations provided by the Friend of the Court/Referee.

CRITICAL

Applies to

Ex parte contempt motion

An ex parte motion alleging contempt must be supported by an affidavit.

MCR 3.606 requires that an ex parte motion alleging contempt be supported by an affidavit.

CRITICAL

Applies to

Witness list

Each party’s witness list should include the names, addresses and telephone numbers of each witness and a summary of the witness’s anticipated testimony.

Each party’s witness list should include the names, addresses and telephone numbers of each witness and a summary of the witness’s anticipated testimony.

CRITICAL

Applies to

Change of domicile motion

A change-of-domicile motion must address the factors set out in MCL 722.31.

Change of domicile motions must address the factors set out at MCL 722.31.

CRITICAL

Applies to

Expedited hearing request

Consideration of requests for expedited hearings on a referee docket should be brought to the courtroom. The party requesting an expedited hearing should also provide to the Court the Friend of the Court form requesting an expedited hearing.

Consideration of requests for expedited hearings on a referee docket should be brought to the courtroom. The party requesting an expedited hearing should also provide to the Court the Friend of the Court form requesting an expedited hearing.

CRITICAL

Applies to

Emergency motion

An emergency motion requires the Judge’s written approval before it can receive an expedited hearing date.

Emergency motions must have written approval from the Judge before they will be given an expedited hearing date.

CRITICAL

Applies to

Motion or response

A motion or response presenting a legal issue must include a brief citing the supporting authority.

A motion or response which presents an issue of law must be accompanied by a brief citing the authority on which it is based pursuant to MCR 2.119(A)(2).

CRITICAL

Applies to

Spousal support motion

A motion regarding spousal support must specifically address the factors identified in Sparks v Sparks.

Any motions regarding spousal support must address the factors set out at Sparks v Sparks, 440 Mich 141; 485 NW2d 893 (1992) with specificity.

CRITICAL

Applies to

Child support recommendation

When child support will be determined, the parties must submit a recommendation based on the most current Michigan Child Support Formula.

All cases in which child support will be determined will require that the parties submit a child support recommendation based on the most current Michigan Child Support Formula.

CRITICAL

Applies to

Motion

Every motion must include a copy of the current support, custody, or parenting time order.

Always attach a copy of the current support, custody, or parenting time Order to the Motion.

CRITICAL

Applies to

Appearance

Attorneys should file an appearance in all cases, in addition to filing a pleading or other paper in the case. A separate appearance is required for the county clerk to add an attorney to the distribution list in order to receive electronic notifications such as notices of hearing and orders.

Attorneys should file an appearance in all cases, in addition to filing a pleading or other paper in the case. A separate appearance is required for the county clerk to add an attorney to the distribution list in order to receive electronic notifications such as notices of hearing and orders.

CRITICAL

Applies to

Settlement approval motion

Settlement-approval motions for a minor or estate require a copy of the Letters of Authority before the hearing.

motions to approve settlement on behalf of a minor or estate (please note next friend, personal representative, etc. will need to attend to provide testimony. The court requires a copy of the Letters of Authority prior to the date of hearing)

CRITICAL

Applies to

Default judgment motion

Must include

exhibit list

For most default-judgment motions, the client or other identified representative must attend, and a contract-based default motion must include the contract as an exhibit.

(most) motions for default judgments (please note that your client/adjuster/claims collector, client, etc. must attend and if the default is in regards to a contract, that must be attached to the motion as an exhibit),

CRITICAL

Applies to

Settlement approval motion

For the specified estate, legally incapacitated adult, and minor settlement-approval motions, the Letters of Authority must be emailed to the court at least one week before the hearing.

For all motions to approve on behalf of an estate, a legally incapacitated adult, or a minor where the minor is receiving more than $5000, a copy of the Letters of Authority must be emailed to the court no less than one week prior to hearing.

CRITICAL

Applies to

Default entry

Unless all claims are for a sum certain, parties must submit an SCAO MC07 form for the court clerk’s signature.

Unless ALL claims on the suit can be filed as sum certain, parties are to submit a SCAO MC07 form to be signed by the court clerk.

CRITICAL

Applies to

Notice of hearing

The hearing notice must state that the motion will be held without oral argument; saying only “Before the Judge in his Court” is insufficient.

The notice of hearing is to indicate the motion will be held without oral arguments. It is not sufficient to state “Before the Judge in his Court.”

CRITICAL

Applies to

Formal order

For motions decided without oral argument, the moving party must submit a conforming formal order within one week of the praecipe ruling, including any relief due if the motion is granted.

For all motions without oral argument: the Judge’s praecipe ruling is NOT a substitution for a formal order. Within one week of the praecipe ruling has being issued, the moving party is to submit an order that conforms with the praecipe and outlines any relief to which the moving party is entitled to if the motion is granted.

CRITICAL

Applies to

Jury instructions

Counsel must bring hard copies of the model jury instructions and proposed amendments to court on the first trial day, plus both sets on a USB flash drive.

Counsel shall bring a hard copy of both the model jury instructions and any proposed amendments to Court on the first day of trial. Counsel shall also bring a copy of both sets of instructions on a USB Flash Drive.

CRITICAL

Applies to

Final pretrial statement

The final pre-trial statement must include the listed claims, defenses, stipulated facts, disputed issues, evidence problems, categorized witnesses and exhibits, special damages, and trial-length estimates under appropriate captions and in the stated order.

The proposed FPTS shall contain the following, under appropriate captions, in the order indicated:             (1)       A concise statement of plaintiff’s claim, including legal theories.             (2)       A concise statement of defendant’s defenses and claims, including claims of third-party                         plaintiffs, and defenses of third-party defendants, including legal theories.             (3)       A recitation of any facts or other matters which the parties have stipulated or admitted.             (4)       Issues of fact remaining to be litigated.             (5)       Issues of law to be litigated.             (6)       Evidence problems likely to arise at trial.             (7)        Witnesses: Indicate which witnesses will be called in the absence of reasonable notice to opposing counsel to the contrary, and which witnesses may be called.  Generic listing of witnesses is not acceptable.  Failure to list witnesses will bar their production at trial.                         (A)      Witnesses for plaintiff, listed by category, as follows:                                    1.         Live lay witnesses                                    2.         Lay Depositions                                    3.         Live Expert Witnesses                                    4.         Expert Depositions                                    5.         List of plaintiff’s exhibits (B) Witnesses for defendant, listed by category as follows:                                    1.         Live Lay Witnesses                                    2.         Lay Depositions                                    3.         Live Expert Witnesses                                    4.         Expert Depositions                                    5.         List of defendant’s exhibits             (8)       An itemized statement of special damages.  Counsel shall, to the extent possible, stipulate to                         the items not in dispute.             (9)       Estimated length of trial.                                    1.         Time for plaintiff’s proofs                                    2.         Time for defendant’s proofs                                    3.         Indicate whether it is a jury or non-jury trial

CRITICAL

Applies to

Notice of hearing

A motion’s hearing notice must state whether the hearing will be by Zoom or in person.

The notice of hearing for motions must indicate whether the motion will be heard via ZOOM or In-Person.

CRITICAL

Applies to

Proposed verdict forms

Counsel must bring proposed verdict forms.

Counsel shall bring proposed verdict forms

CRITICAL

Applies to

Motion

Must include

exhibit list

A motion referring to a deposition or hearing transcript must include the entire transcript as an exhibit and use the 4:1 format.

If any motion makes reference to the transcript of a deposition, hearing, etc., the entire transcript is to be submitted as an exhibit to that motion. Please use the 4:1 format when submitting.

CRITICAL

Applies to

Final pretrial statement

The final pre-trial statement may not list witnesses generically, and an unlisted witness may not be produced at trial.

Generic listing of witnesses is not acceptable.  Failure to list witnesses will bar their production at trial.