Third Judicial Circuit Court of Michigan Document Filing Requirements

CRITICALCivil cases

Applies to

Motion

Each motion must have a Notice of Hearing and a Praecipe.

A Notice of Hearing and a Praecipe are required for each motion.

CRITICALCivil cases

Applies to

Motion to intervene

A motion to intervene must state the proposed intervenor’s claim amount, attach the applicable scheduling orders, and list all relevant dates, including the case filing and Case Evaluation dates.

Motions to Intervene: The proposed intervening party must provide the court with the amount of their proposed claim in the body of the motion. The moving party must attach a copy of the Status Conference Scheduling Order, the current scheduling order (if different), and must list all relevant dates (including the case filing date and the Case Evaluation date) in the body of the motion.

CRITICALCivil cases

Applies to

Re notice of hearing

After receiving the Summary Disposition Scheduling Order, the moving party must file and serve a Re-Notice of Hearing for the date set by the Court.

Once the moving party receives the Summary Disposition Scheduling Order, the moving party must file and serve a Re-Notice of Hearing for the date provided by the Court in the Summary Disposition Scheduling Order.

CRITICALCivil cases

Applies to

Notice of hearing

The Notice of Hearing for a summary disposition motion must state that the hearing date is “date to be determined.”

When filing a motion for summary disposition, the Notice of Hearing shall state that the hearing will be set on a “date to be determined.”

CRITICALCivil cases

Applies to

Motion for entry of default judgment

A motion for entry of default judgment must include a proposed Judgment as an exhibit.

Motions for Entry of a Default Judgment: The moving party must attach a proposed Judgment to the motion as an exhibit.

CRITICALCivil cases

Applies to

Order of consolidation

The Order of Consolidation that is e-filed in the controlling case number should not be a final Order. However, the Order(s) of Consolidation that is e-filed in the non-controlling case number(s) must indicate that it is a final Order closing the case.

The Order of Consolidation that is e-filed in the controlling case number should not be a final Order. However, the Order(s) of Consolidation that is e-filed in the non-controlling case number(s) must indicate that it is a final Order closing the case.

CRITICALCivil cases

Applies to

Pleading

Must include

caption

A dismissed party must remain on the caption with a strike-through line over the party’s name.

Parties who are dismissed from an action must remain on the caption with a strike-through line over their name to indicate to the Court that they have been dismissed from the case.

CRITICALCivil cases

Applies to

Pleading and order

Must include

caption, judge name

Pleadings and orders must use correct captions and the correct Judge’s name; incorrect captions may lead to rejection and sanctions against the attorney.

All pleadings and orders must contain correct captions including the correct Judge’s name. Pleadings and orders with incorrect captions will be rejected and the attorney using the incorrect caption will be subject to sanctions.

CRITICALCivil cases

Applies to

Brief with medical documentation exhibit

When medical documentation is an exhibit, the brief must cite the specific supporting portions and those portions must be highlighted in the exhibit.

If medical documentation is attached as an exhibit, precise citations to the specific portions used to support your argument must be included in your brief, and cited portions of the medical documentation must be clearly highlighted within the exhibit.

CRITICAL

Applies to

Motion for alternate service

Must include

proposed order

A motion for alternate service must include a process server affidavit documenting three appropriate attempts, an address check, and a Lexis Nexis search; the proposed order must include the most current discovered address.

Motions for Alternate Service must be accompanied by an Affidavit from a Process Server of 3 appropriate attempts at service, a post office check on the address and a Lexis Nexis people search with the request for alternate service. Your proposed Order should include the most current address/es discovered by your process server or Lexis Nexis people search.

CRITICAL

Applies to

Notice of hearing

Must include

certificate of service

If a default-judgment motion is adjourned, file a new Notice of Hearing with Zoom instructions and proof of service, and ensure it appears on the Register of Actions.

If this Motion is adjourned for any reason, a new Notice of Hearing with Zoom Instructions and Proof of Service must be filed and appear on the Register of Actions.

CRITICAL

Applies to

Default order

Submit a separate default order for each defendant, including the full service address, proofs of service, and any applicable alternative-service order.

Separate default orders shall be submitted for each individual Defendant and must include the full address of service, the proofs of service, and, if applicable, the Order for Alternative Service. If any of these items are not included, the order will be rejected.

CRITICAL

Applies to

Adjournment order

An order for a Track 1-to-Track 2 adjournment must list the specific Track 2 dates and include the required MSD deadline language.

The specific dates of Track 2 must appear 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".

CRITICAL

Applies to

Joint jury instructions and verdict form

Email the proposed joint jury instructions and joint verdict form to the court on the date of the Pre-Trial Conference.

Proposed Joint Jury Instructions and Joint Verdict Form must be provided the Court to on the date of the Pre-Trial Conference via email.

CRITICAL

Applies to

Appeal filing

Appeal submissions must include 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 if required.

Parties must provide: 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.

CRITICAL

Applies to

Praecipe

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

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.

CRITICAL

Applies to

Motion for default judgment

Each default-judgment motion must attach Exhibits A through D documenting service of the summons and complaint, the entered default, service of the default, and service of the motion with the actual service address.

Each Motion for Default Judgment MUST attach the following Exhibits or your Motion will be rejected until it complies: Exhibit A: POS that the Summons and Complaint were timely served on the Defendant and Order for Alternate Service, if applicable. 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.

CRITICAL

Applies to

Proposed voir dire questions

Submit specific, case-relevant proposed voir dire questions no later than the Final Pre-Trial Conference and email a copy with the case number and trial date in the subject.

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

CRITICAL

Applies to

Default request

Submit default requests using SCAO form MC 07.

Requests for Default(s) shall be submitted using SCAO form MC 07.

CRITICAL

Applies to

Substitution of counsel

A motion or order for substitution of counsel must include the stated language preserving previously scheduled dates.

Motions/Orders for Substitution of Counsel must include the following language: "This Substitution does not affect any previously scheduled dates."

CRITICAL

Applies to

Emergency motion

Title an emergency motion “Emergency,” file a Praecipe proposing a hearing date, and email the motion with “Emergency Motion,” the case name, and case number in the subject; the court will set the actual date.

Emergency Motions: Please make sure to title your motion "Emergency". File a Praecipe with your emergency motion with a proposed hearing date. Email a copy of the emergency motion to JudgeMACox-Court@3rdcc.org and include "Emergency Motion" with the case name and number in the subject line. Upon review of the emergency motion, the Court will determine an actual hearing date. Please check your accepted Praecipe for the actual hearing date.

CRITICAL

Applies to

Praecipe

After motion approval, submit a Praecipe proposing a Thursday date; no advance date inquiry is required, and the motion will not be scheduled without the Praecipe.

Submit your Praecipe with your proposed Thursday date after the Motion has been approved for filing. You do not need to reach out to the Court for a date first. The Motion will not be scheduled if a Praecipe is not submitted.

CRITICAL

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 for Default Judgment must include any relevant documents and an Affidavit of a person with knowledge of the facts and circumstances surrounding the relief requested.

CRITICAL

Applies to

Motion to adjourn scheduling order

A motion to adjourn a scheduling order is needed only to move a date beyond Track 2 and must include the current scheduling order and all relevant dates, including the filing date, without other pleadings attached.

Motions to Adjourn Scheduling Orders are only necessary if moving any date beyond Track 2. The Motion 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.

CRITICAL

Applies to

Order

After the motion is accepted, file it again as an order.

Motion for Second Summons must have a Judge's Copy emailed once it has been accepted for filing. The Motion must also be filed again as an Order after the Motion has been accepted.

CRITICAL

Applies to

Adjournment order

If another adjournment request is granted, the order must list the specific dates and include the required MSD deadline language.

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."

CRITICAL

Applies to

Jury instructions

Joint jury instructions must include separate preliminary and final indexes, list each instruction’s number and title, and satisfy the stated page, font-size, and case- and gender-specific requirements.

Joint Jury Instructions: By 12:00pm Thursday before trial, counsel must deliver two hard copies to courtroom and email a copy to court clerk. Instructions shall include separate indexes for "Preliminary Jury Instructions" and "Final Jury Instructions," and list the JI number and title. Each instruction must be on separate page, in size 14 font, case specific, and gender specific.

CRITICAL

Applies to

Praecipe

After receiving the time-stamped motion, submit a Praecipe to schedule it on the docket.

After you receive your time stamped copy of Motion, you must submit a Praecipe to be scheduled on the docket.

CRITICAL

Applies to

Motion

Parties beyond the court-rule time limits for opting out of case evaluation must file a motion.

Parties must file a motion if they are beyond the time limits put forth in the court rule.

CRITICAL

Applies to

Praecipe

A Praecipe is required for motions in limine.

A Praecipe is required.

CRITICAL

Attorneys and non-represented parties in driver’s license restoration cases must follow MCR 7.120 procedures.

Attorneys and non-represented parties are required to follow the procedures outlined in MCR 7.120.

CRITICAL

Applies to

Praecipe

After the hearing date is issued, the moving party must file a Praecipe stating the date and time and file a Notice of Hearing.

The moving party shall then file a Praecipe with the date and time of the hearing and file a Notice of Hearing.

CRITICAL

Applies to

Stipulation

Case-evaluation opt-out stipulations must state the facilitation date and discovery cutoff date.

The stipulations must include the date of facilitation, and the date of discovery cutoff.

CRITICAL

Applies to

Jury verdict form

The jury verdict form must be stipulated to by the parties in advance.

Jury Verdict Form: 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.

CRITICAL

Applies to

Stipulated order

The stipulated adjournment order must identify the facilitator, the facilitation date within the stated 90-day period, and the new settlement conference date obtained from the clerk.

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).

CRITICAL

Applies to

Joint pretrial order

File the joint pre-trial order in advance as ordered by the court.

Joint Pre-Trial Orders shall be filed in advance as ordered.

CRITICALCivil cases

Applies to

Motion

After a motion is accepted for filing, the filing party must complete the Praecipe.

After a motion has been accepted for filing, the filing party must complete the Praecipe.

CRITICALCivil cases

Applies to

Motion

A request for judgment involving minor children before the six-month waiting period expires must be made by written motion alleging specific facts showing unusual hardship or compelling necessity; a blanket best-interests assertion is insufficient.

Any request for entry of judgment involving minor children before expiration of the six-month waiting period from the date of filing must be made by written motion and must allege specific facts demonstrating unusual hardship or compelling necessity. A blanket assertion that an expedited divorce is in the best interests of the minor children is insufficient.

CRITICALCivil cases

Applies to

Jury instructions

Proposed Jury Instructions and the Verdict Form must be provided to the Court at the final pre-trial conference.

Proposed Jury Instructions and the Verdict Form must be provided to the Court at the final pre-trial conference.

CRITICALCivil cases

Applies to

Stipulated order

The stipulated order must state that ADR will be completed no later than 60 days after discovery closes.

State that the ADR process shall be completed no later than 60 days after the close of discovery.

CRITICALCivil cases

Applies to

Jury instructions

The parties must submit requested final jury instructions and a verdict form.

9. Final Jury Instructions and Verdict Form. The parties must submit requested jury instructions and a verdict form.

CRITICALCivil cases

Applies to

Joint trial brief

The joint trial brief must state whether trial is by jury and estimate the trial’s length.

8. Trial. The parties must state whether it is a jury or non-jury trial and the estimated length of trial.

CRITICALCivil cases

Applies to

Motion for summary disposition

The moving party must file a notice of hearing and a praecipe.

The moving party shall file a notice of hearing and a praecipe.

CRITICALCivil cases

Applies to

Notice of hearing

The notice of hearing, including Zoom information, must be served and filed.

__Notice of hearing including Zoom information served and filed

CRITICALCivil cases

Applies to

Joint trial brief

The joint trial brief must state all uncontested facts in separately numbered paragraphs.

2. Stipulation of Facts. The parties shall state, in separately numbered paragraphs, all uncontested facts.

CRITICALCivil cases

Applies to

Joint trial brief

The joint trial brief must state each party’s claims and legal theories.

1. Party’s Claims. The statement of the party’s claim or claims and legal theories.

CRITICALCivil cases

Applies to

Stipulated order

The stipulated order must identify the ADR process the parties will use.

Stipulated orders must identify the ADR process to be used.

CRITICALCivil cases

Applies to

Trial exhibits

Only listed exhibits will be considered at trial, except for unanticipated rebuttal exhibits or when good cause is shown.

Only listed exhibits will be considered for admission at trial, except for rebuttal exhibits which could not be reasonably anticipated before trial, or except for good cause shown.

CRITICALCivil cases

Applies to

Joint trial brief

The joint trial brief must provide witness names, testimony synopses, order, examination time estimates, expert status, and whether testimony will be by deposition; witnesses generally must have appeared on a prior witness list or been deposed, absent Court permission for good cause.

6. Witnesses. Each party shall list all witnesses, a synopsis of their testimony, the order of the witnesses, and the anticipated length of time for direct and cross examination. Except as permitted by the Court for good cause a party may not list a witness unless the witness was included on a witness list submitted under a prior order or has been deposed. The list shall state whether the witness is an expert and whether the testimony will be offered by deposition.

CRITICALCivil cases

Applies to

Deposition

If deposition objections remain unresolved, deliver a copy of the deposition to the Court by the pretrial conference with a statement identifying the objection line numbers.

If the parties have not resolved all objections, a copy of the deposition must be delivered to the Court no later than the date of the pretrial conference with a statement indicating the line number of the objections on which the Court must rule.