Third Judicial Circuit Court of Michigan Document Filing Requirements

CRITICAL

Applies to

Formal order

After a bench ruling, the moving party must submit a conforming formal order within one week.

Once the judge gives his bench ruling, the moving party is submit a formal order that comports within one week.

CRITICAL

Applies to

Summary disposition motion

A summary-disposition motion must include a notice stating “Date to be Determined by the Court” and an e-praecipe dated two weeks out as a placeholder.

Summary disposition motions are to be filed with a notice of hearing indicating “Date to be Determined by the Court” and an e-praecipe dated two weeks out as a place holder.

CRITICAL

Applies to

Order to withdraw as counsel

An attorney requesting withdrawal must submit the order, which must state the effective withdrawal date, advise the plaintiff to obtain alternate counsel or appear pro se, and include all contact information.

Must be submitted by the Attorney requesting to withdraw. Must state the effective date counsel withdrew, that plaintiff is to seek alternate counsel or file an appearance as pro se. All contact information including phone number, address, and email address must also be included in the order.

CRITICAL

Applies to

Proposed order

An order submitted on the hearing date or under the Seven-Day Rule must state the hearing date in its first paragraph.

If an attorney is submitting an Order for entry on the date of the motion hearing, or is filing a proposed Order under the Seven-Day Rule, make sure the date of the hearing is contained in the first paragraph of the Order.

CRITICAL

Applies to

Jury instructions

Counsel must provide updated jury instructions from the Official SCAO website.

Counsel shall provide updated jury instructions from the Official SCAO website: https://www.courts.michigan.gov/4aaebc/siteassets/rules-instructions-administrative-orders/jury-instructions/civil/current/model-civil-jury-instructions.pdf

CRITICALCivil cases

Applies to

Praecipe

Submit a praecipe for a motion for rehearing or reconsideration so the Clerk can set a control date, using any Friday date 30 days in the future.

No oral argument is provided, unless notified by the Court. You must submit a Praecipe however so that the Clerk can set a control date. Give your Praecipe any Friday date, 30 days in future.

CRITICALCivil cases

Applies to

Proposed voir dire questions

Submit proposed voir dire questions no later than the final pretrial conference, email a copy with the case number and trial date, and make the questions case-specific and relevant.

The parties must submit their proposed voire dire questions to the Court for its general voire dire use, no later than the date of the Final Pre-Trial Conference. Email a copy to JudgeMcCarthy-Court@3rdcc.org with the case number and trial date. Questions must be specific and relevant to the case.

CRITICALCivil cases

Applies to

Praecipe

Submit a praecipe with a proposed Thursday date; check the returned praecipe and, if needed, send opposing counsel and file a corrected notice of hearing.

No Motion will be scheduled without the submission of a preacipe. Submit with your proposed Thursday date. The Clerk will change that date, if necessary. Be sure to review your returned Praecipe for the correct date and time. Send to opposing counsel and file a corrected Notice of Hearing, if necessary, with the Clerk's Office.

CRITICALCivil cases

Applies to

Joint jury instructions and verdict form

Provide proposed joint jury instructions and the joint verdict form to the Court by email on the date of the Pre-Trial Conference.

Must be provided the Court to on the date of the Pre-Trial Conference via email.

CRITICALCivil cases

Applies to

Motion to adjourn scheduling order

A motion to adjourn a scheduling order is required only to move a date beyond Track II and must attach the current scheduling order and list all relevant dates, including the filing date, in its body.

Only necessary if moving any date beyond Track II. Must include a copy of the original/current scheduling order and list all relevant dates (including the filing date) in the body of the Motion. The Court does NOT need a copy of any other pleadings attached to these Motions.

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; the specified examples identify additional supporting materials for contract and personal-injury cases.

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 must include a specific demand with a judgment amount, medical records, bills, proof of lost wages, etc.

CRITICALCivil cases

Applies to

Praecipe

Submit a praecipe with a proposed hearing date, review the returned praecipe, and, if needed, send opposing counsel and file a corrected notice of hearing.

Please submit a praecipe with your proposed hearing date. The Clerk will change that date. Be sure to review your returned Praecipe for the correct date and time. Send to opposing counsel and file a corrected Notice of Hearing, if necessary, with the Clerk's Office.

CRITICALCivil cases

Applies to

Appeal filing

An appeal filing must attach a motion and brief identifying transcript-supported errors, the lower-court transcript or appealed motions and orders, and proof that the transcript was ordered and paid for upon filing when required.

Parties must attach - Motion and Brief- directing this Court to specific errors supported by the Transcript. - Lower Court transcript or Motions and Orders Appealed. - Proof that the transcript was ordered and paid for upon filing, if required.

CRITICALCivil cases

Applies to

Motion for default judgment

Each motion for default judgment must attach exhibits documenting service of the summons and complaint, the entered default, service of the default, and service of the motion at the actual address; otherwise it will not be scheduled.

Each Motion for Default Judgment MUST attach the following Exhibits or your Motion will be rejected and not scheduled until it is in compliance. Exhibit A: POS that the Summons and Complaint were timely served on the Defendant. Exhibit B: The Default, entered by the Court Clerk, filed and on the ROA. Exhibit C: POS that the Default was served on the Defendant and this POS must appear on the ROA. Exhibit D. POS that you served this Motion on the Defendant, and it must appear on the ROA. POS must indicate the actual address of service.

CRITICALCivil cases

Applies to

Adjournment order

An order granting an adjournment must list the specific dates and include the required MSD deadline wording.

All other requests for adjournments may only be adjourned by way of Motion and will not be routinely granted. If granted the specific dates must be listed in your order with the following language "All MSD's must be filed no later than 30 days from the date discovery closes or are waived".

CRITICALCivil cases

Applies to

Emergency motion

An emergency motion must be titled “Emergency” and filed with a praecipe proposing a hearing date.

When filing an emergency motion, please make sure to title your motion "Emergency". File a praecipe with your emergency motion with a proposed hearing date.

CRITICALCivil cases

Applies to

Motion for default judgment

Must include

certificate of service

If a motion for default judgment is adjourned, file a new notice of hearing with Zoom instructions and new proof that the adjourned motion was served on the defendant, with both appearing on the ROA.

If this Motion is adjourned for any reason, a new Notice of Hearing with Zoom Instructions must be filed and on the ROA, as well as a new POS that the adjourned Motion was served on the Defendant and on the ROA.

CRITICALCivil cases

Applies to

Default request

Must include

certificate of service

A default request without appropriate proof of service will be rejected.

Requests for entry of a Default that is not supported by an appropriate Proof of Service will be rejected.

CRITICALCivil cases

Applies to

Default request

Submit default requests on SCAO form MC 07, use a separate default order for each defendant showing the full service address, and include proof of service and any alternate-service order.

Requests for Default/s shall be submitted using SCAO form MC 07. Separate default orders shall be submitted for each individual Defendant, with full address of service listed, or the order will be rejected. In addition, your Default must include the proof/s of service and the order for alternate service, if any.

CRITICALCivil cases

Applies to

Substitution order

An order for substitution must include the stated language preserving previously scheduled dates.

The Order for Substitution must include the following language: "This Substitution does not affect any previously scheduled dates."

CRITICAL

Applies to

Motion

Motions must state the substance of their arguments in numbered paragraphs; briefs are required and should elaborate on those arguments.

The substance of all arguments MUST be set forth through these separately numbered paragraphs, within the motion itself. Briefs are required in accordance with MCR 2.119(A)(2), and should elaborate/expand on the substantive argument(s) already set forth in the motion.

CRITICAL

Applies to

Jury instructions

The jury must receive complete preliminary instructions on the elements of all civil claims, including legal-term definitions, presumptions, and burdens of proof.

Particular attention MUST be given to preliminary instruction M Civ JI 2.02, which requires the jury be given full and complete preliminary instruction regarding the elements of all civil claims (including definitions of legal terms), legal presumptions, and burdens of proof.

CRITICAL

Applies to

Re notice of hearing

If an adjournment to a later hearing date is approved, a re-notice of hearing must be filed.

If approved, a re-notice of hearing must be filed.

CRITICAL

Applies to

Motion

A motion is required for alternate service or a second summons and generally must include documentation, typically an affidavit, showing how and why at least three traditional service attempts failed.

Judge Kevin J. Cox requires motion(s) be filed for alternate service (and)/or a second summons. Although no hearing is required, Judge Cox generally requires the motion include documentation (typically an affidavit) showing how and why at least three ('3') attempts at traditional service have failed, before alternate service and/or a second summons will be allowed.

CRITICAL

Applies to

Summary disposition motion

The moving party must determine whether the motion will be opposed, and the motion must state the date concurrence was requested and that concurrence was denied or not acquiesced in.

The moving party must ascertain whether a contemplated motion will be opposed. The motion must affirmatively state that the concurrence of counsel in the relief sought has been requested on a specified date, and that concurrence has been denied or has not been acquiesced in, and hence, that it is necessary to present the motion.

CRITICAL

Applies to

Proposed order

After filing the motion and supporting materials, the moving party must submit a proposed order under the stated code with the motion and all supporting materials attached as one document, not as connected filings.

After such motion is filed with supporting materials attached, the moving party must subsequently submit a proposed order(s) under the Mi-filing code: 'ORDER/JUDGMENT ACCEPTED-WAITING FOR JUDGE'S SIGNATURE.' HOWEVER, THE PROPOSED ORDER FOR SIGNATURE MUST HAVE THE MOTION AND ALL SUPPORTING MATERIALS ATTACHED TO THE PROPOSED ORDER AND THUS SUBMITTED AS A SINGLE DOCUMENT. DO NOT USE 'CONNECTED FILING(S)'.

CRITICAL

Applies to

Motion

A nonmoving party must request an adjournment by motion.

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

CRITICAL

Applies to

Notice

Every notice must include Zoom connection information.

All notices must contain Zoom connection information: Zoom available thru "Virtual Hearing" for Judge Kevin J. Cox here: http://3rdcc.org/courtroom-zoom-info

CRITICAL

Applies to

Joint final pretrial order

A Joint Final Pre-Trial Order is required, and plaintiffs are typically responsible for timely entry unless the Trial Order says otherwise.

Yes, and Plaintiff(s) are typically responsible for timely entry of the Joint Final Pre-Trial Order, unless stated otherwise in the court's Trial Order.

CRITICAL

Applies to

Response to facilitator recommendation

Any facilitator recommendation must be answered in writing to the facilitator before the specified settlement conference date.

If the facilitator makes any recommendation(s), that such recommendation(s) must be responded to in writing to the facilitator prior to the settlement conference date set forth below;

CRITICAL

Applies to

Alternate service and second summons filings

Alternate service and a second summons require separate orders and filings.

Separate orders/filings are required for alternate service and second summons.

CRITICAL

Applies to

Joint final pretrial order

Submit the Joint Final Pre-Trial Order by the deadline in the Trial Order using the stated Mi-filing code.

As set forth in the court's Trial Order, and shall be submitted with the Mi-filing code of: 'Final Pre-Trial Order, Signed and Filed.'

CRITICAL

Applies to

Praecipe

After filing a motion or objection, submit a praecipe through the Third Circuit website to obtain court acceptance of the proposed hearing date.

After a motion or objection is filed, the proposed hearing date must be accepted by the Court by submitting a praecipe thru the 3rd Circuit's website at: https://www.3rdcc.org/efiling/epraecipe

CRITICAL

Applies to

Praecipe

The court will not accept a praecipe until it receives a time-stamped judge’s copy.

A praecipe will not be accepted until a TIME STAMPED Judge's Copy is received.

CRITICAL

Applies to

Motion and response

Motions and responses must cite the exhibits or record with particularity and identify specific pages and/or line numbers.

MOTIONS AND RESPONSES SHALL CITE TO EXHIBITS/RECORD WITH PARTICULARITY. SPECIFIC PAGES AND/OR LINE NUMBERS SHALL THUS BE IDENTIFIED AND SET FORTH IN THE MOTION/RESPONSE.

CRITICAL

Applies to

Summary disposition motion

Summary-disposition motions must fully state their arguments in their numbered paragraphs; threadbare motions that merely refer to a brief may be rejected or denied.

The substance of all arguments must be fully set forth through such paragraphs. Threadbare motions merely pointing to reliance on "the reasons more fully set forth in the brief" (or the like) do not comply with Michigan's Court Rules and will be REJECTED/DENIED. See MCR 2.113(B); see also MCR 2.116(G)(1),(4).

CRITICAL

Applies to

Proposed stipulated order

The proposed stipulated order must include the nine specified provisions, including facilitation details, report and award procedures, attendance, dispositive-motion timing, costs, and possible sanctions.

Yes; however, Judge Kevin J. Cox requires that all proposed stipulated orders removing a case from Case Evaluation in favor of private facilitation should be submitted at least twenty-one ('21') days before a currently scheduled Case Evaluation, and must also explicitly state each of the following, and as numbered (1-9) below: Name of the mediator/facilitator, date of mediation/facilitation, and that it may not be adjourned without order of Court; and Facilitator shall file Mediation Status Report (SCAO form MC280) within seven (7) days of completing facilitation (date must be specified) and Plaintiff(s) are responsible for ensuring such report is electronically filed and served; and Whether facilitator will act as a one-person evaluation panel and place an award on the case in the event the case does not resolve at facilitation; and If the mediator will be issuing an award, it must be issued within fourteen (14) days of mediation (date must be specified), and the date of acceptance/rejection period is twenty-eight (28) days from date of award via email to the facilitator/evaluator (again, date must be specified - THIS LANGUAGE IS NOT NECESSARY IF FACILITATOR IS NOT ISSUING AN AWARD); and If the facilitator makes any recommendation(s), that such recommendation(s) must be responded to in writing to the facilitator prior to the settlement conference date set forth below; and The order must include a blank line for the Court to fill in a new settlement conference date, and must state that all counsel and all clients and representatives with full settlement authority are required to attend the settlement conference in person at 09:45 AM; and All dispositive motions shall be filed with the Court no later than 30 days following the close of discovery (date of discovery cut-off must be specified) or shall be deemed waived; and All parties are responsible for any costs associated with adjourning or removing the case from Case Evaluation; and Failure to comply with the terms of this order may result in sanctions, potentially including: claim/defense preclusion, costs, attorney fees, dismissal and/or default.

CRITICALCivil cases

Applies to

Adjournment request

An adjournment requires a stipulated order submitted to the Courtroom email.

Adjournments require a stipulated order which shall be submitted to the Courtroom email.

CRITICALCivil cases

Applies to

Motion

The moving party must file a Notice of Hearing, Proof of Service, and Electronic Praecipe.

The moving party must file a Notice of Hearing, Proof of Service, and Electronic Praecipe.

CRITICALCivil cases

Applies to

Motion

Motions concerning custody, parenting time, or child support must be electronically praeciped before the Friend of the Court.

a. Motions regarding change of custody, parenting time, or child support must be electronically praeciped before the Friend of the Court.

CRITICALCivil cases

Applies to

Claim dispositive order or judgment

An order or judgment disposing of a claim must state whether it is a final order closing the case.

Any order or judgment that disposes of a claim must state whether or not it is a final order closing the case pursuant to MCR 2.602(A)(3).

CRITICALCivil cases

Applies to

Stipulated order to dismiss party

A stipulated order dismissing a party must be signed by all counsel of record.

All counsel of record must sign a stipulated order to dismiss a party.

CRITICALCivil cases

Applies to

Brief with transcript exhibit

A transcript exhibit must include the full transcript in mini-script form, identify referenced portions, provide precise supporting citations in the brief, and highlight cited portions in the exhibit.

If a transcript is attached as an exhibit, the entire transcript (in mini script form) must be included as an attachment with the referenced portion(s) clearly indicated. Precise citations to the specific portions used to support your argument must be included in your brief, and cited portions of the transcript must be clearly highlighted within the exhibit.

CRITICALCivil cases

Applies to

Order

An order stating the Court’s ruling on a motion must identify the oral-argument hearing date in its preamble.

When preparing an Order delineating the Court’s ruling on your motion, you must clearly indicate the hearing date when oral arguments were held on your motion in the preamble of your Order.

CRITICALCivil cases

Applies to

Praecipe

For consolidation motions filed in multiple cases, submit a Praecipe for each motion requesting the same date and time so the motions are heard together.

Please also submit a praecipe for each motion filed requesting the same date and time so that the motions are scheduled to be heard together.

CRITICALCivil cases

Applies to

Order of consolidation

An Order of Consolidation must identify all cases, designate the oldest as controlling, state the consolidation’s purpose, direct future pleadings to the controlling case number, and instruct the Clerk to add parties from non-controlling cases to the controlling case.

The stipulated Order of Consolidation must include all case names and case numbers, must indicate the oldest case first as the controlling case, and must state whether the cases are being consolidated for discovery purposes, for trial, or for all purposes. The stipulated Order of Consolidation must also indicate that all future pleadings shall be filed under the controlling case number only. The stipulated Order of Consolidation must also instruct the clerk to add all parties in the non-controlling case(s) as parties within the controlling case.

CRITICALCivil cases

Applies to

Pleading

Must include

caption

Each pleading’s caption must list contact details for every appearing attorney, put the motion attorney or court contact first for that party, and assign a primary attorney in no-fault cases.

The caption on each pleading must contain the contact information of all of the attorneys who have appeared on the case including direct phone numbers and email addresses for each attorney. The attorney who plans to appear on a motion, or the attorney who should be contacted by the court with regard to a motion, must be the first attorney listed on the caption for the respective party. On no-fault cases, a primary attorney must be assigned to each case.

CRITICALCivil cases

Applies to

Exhibits

Court permission is required for exhibits exceeding 100 pages.

Permission must be obtained from the Court for exhibits exceeding 100 pages.

CRITICALCivil cases

Applies to

Final joint pretrial order

Plaintiff’s counsel must convene all counsel to collaborate on a concise FPTO, prepare it, and submit it to the Court for approval and adoption at the Final Pretrial Conference.

Counsel for Plaintiff must assume the responsibility for convening a meeting of all counsel to confer and collaborate in formulating a short and concise Final Joint Pretrial Order (hereinafter referred to as ‘FPTO’) which is to be prepared by Plaintiff’s counsel and submitted to the Court for approval and adoption at the Final Pretrial Conference.

CRITICALCivil cases

Applies to

Proposed order for alternate service

Unless Judge Snow orders otherwise, an alternate-service proposed order must include all three specified service methods and the quoted language, and must not include certified mail with return receipt and restricted delivery.

When submitting a motion for alternate service and an accompanying proposed Order for the same, your proposed Order MUST INCLUDE ALLOF THE FOLLOWING METHODS OF ALTERNATE SERVICE unless Judge Snow specifically orders otherwise: 1) mailing via first class mail to the last known address for the Defendant, 2) tacking on the door at the last known address for the Defendant, and 3) communication of the pleadings via "text, email, and/or Facebook to the Defendant, if known." This quoted language MUST be included in your Order. SERVICE MUST BE ACCOMPLISHED BY EVERY METHOD OF SERVICE ORDERED. Also, DO NOT include service via certified mail with return receipt, restricted delivery on your proposed Order for alternate service.