Third Judicial Circuit Court of Michigan Document Filing Requirements

CRITICALCivil cases

Applies to

Voir dire

Parties seeking additional voir dire must stipulate to its length.

If the parties seek to conduct additional voir dire, the parties must stipulate to the length of time to conduct the voir dire.

CRITICALCivil cases

Applies to

Stipulated order

The parties may use another ADR process only with court approval obtained by filing a stipulated order.

Parties may agree to use an ADR process other than case evaluation with court approval by filing a stipulated order.

CRITICALCivil cases

Applies to

Default judgment motion

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

All 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.

CRITICALCivil cases

Applies to

Motion to adjourn

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

All motions to adjourn dates 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 trial brief

The joint trial brief must address anticipated evidence problems, exhibit and deposition-testimony objections, and known motions in limine.

5. Evidence Problems Likely to Arise at Trial. Include objections to exhibits and to the use of deposition testimony. The order shall list all motions in limine of which counsel or a party without counsel should reasonably be aware.

CRITICALCivil cases

Applies to

Joint trial brief

The joint trial brief must list and identify each exhibit, use numbers for plaintiffs and letters for defendants, and include summaries.

7. Exhibits. The parties must list with appropriate identification each exhibit (Plaintiff(s)’ using numbers and Defendant(s)’ using letters), including summaries.

CRITICALCivil cases

Applies to

Jury instructions

On the date of trial, the parties must submit a flash drive with the jury instructions and the verdict form and also produce hard copies of each for the Court and the jury.

On the date of trial, the parties must submit a flash drive with the jury instructions and the verdict form and also produce hard copies of each for the Court and the jury.

CRITICALCivil cases

Applies to

Deposition

All attorneys must review depositions that will be read into evidence and any video deposition.

Any depositions that will be read into evidence or any video deposition must be reviewed by all attorneys.

CRITICALCivil cases

Applies to

Stipulated order

The stipulated order must state the discovery completion deadline, ADR completion date, and facilitator or mediator’s name.

Include the deadline to complete discovery, the date to complete the ADR process, and the name of the facilitator/mediator.

CRITICALCivil cases

Applies to

Praecipe

Check the praecipe to determine whether oral argument is scheduled; a motion will not be added to the docket unless its praecipe is accepted.

Please check your praecipe to determine whether your motion will be heard with or without oral argument. Unless your praecipe is accepted, your motion will NOT be added to the docket.

CRITICALCivil cases

Applies to

Jury instructions

On the date of trial, the parties must submit a zip drive with all jury instructions and a verdict form ad must provide hard copies for the judge and all jurors.

On the date of trial, the parties must submit a zip drive with all jury instructions and a verdict form ad must provide hard copies for the judge and all jurors.

CRITICALCivil cases

Applies to

Joint trial brief

The joint trial brief must identify the issues of law to be litigated.

4. Issues of Law to be Litigated.

CRITICALCivil cases

Applies to

Joint trial brief

The joint trial brief must identify the issues of fact to be litigated.

3. Issues of Fact to be Litigated.

CRITICALCivil cases

Applies to

Notice of default

The default judgment checklist requires entry of a notice of default with an affidavit of non-military service.

__Notice of default entered with affidavit of non-military service

CRITICAL

Applies to

Stipulated order

The stipulated order must identify the facilitator, the facilitation date within the specified 90 days, 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

Motion

After receiving the time-stamped motion, the filer must 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

Stipulation

A case-evaluation opt-out stipulation must state the facilitation date and the discovery cutoff date.

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

CRITICAL

Applies to

Summary disposition motion

After the Judicial Attorney provides a new hearing date, e-file a Re-Notice of Hearing and do not submit an adjournment Praecipe.

E-file a Re-Notice of hearing after new hearing date is given by judicial attorney. Do not submit adjournment praecipes.

CRITICAL

Applies to

Summary disposition motion

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

An Order will be issued with the hearing date. 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

Jury verdict form

By the first day of trial, counsel must deliver two hard copies of the jury verdict form to the court and email a copy to the Judicial Attorney; the form must be stipulated to in advance.

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

Motion in limine

A Praecipe is required for motions in limine.

A Praecipe is required.

CRITICAL

Applies to

Joint pretrial order

Joint Pre-Trial Orders must be filed in advance as ordered by the Court.

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

CRITICAL

Applies to

Motion

Parties outside the court-rule time limits must file a motion to opt out of case evaluation.

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

CRITICAL

Applies to

Joint jury instructions

By noon on the Thursday before trial, counsel must deliver nine hard copies of the joint jury instructions to the courtroom and email a copy to the court clerk.

By 12:00pm Thursday before trial, counsel must deliver nine hard copies to courtroom and email a copy to court clerk.

CRITICAL

Applies to

Motion

Disagreements regarding jury instructions must be submitted in a motion before trial.

Any disagreements regarding JI shall be submitted in a motion before trial.

CRITICAL

Applies to

Joint jury instructions

Joint jury instructions must have separate indexes for preliminary and final instructions and list each instruction’s JI number and title.

Instructions shall include separate indexes for "Preliminary Jury Instructions" and "Final Jury Instructions," and list the JI number and title.

CRITICALCivil cases

Applies to

Notice of hearing

After an adjourned hearing date is provided, the moving party must file a notice of hearing containing the new date and time.

Parties may file a stipulated order to adjourn a hearing date. The stipulated order should be emailed to the Judicial Law Clerk and a new date for the hearing will be provided. The moving party shall file a notice of hearing with the new date and time of the hearing.

CRITICALCivil cases

Applies to

Notice of hearing

After a scheduling order issues, the moving party must file only a notice of hearing stating the date and time in that order.

Once a Scheduling Order is issued, the moving party shall file only a notice of hearing with the date and time listed on the scheduling order.

CRITICALCivil cases

Applies to

Final joint pretrial order

The Final Joint Pretrial Order must be prepared and submitted to the court as an order.

FINAL JOINT PRETRIAL ORDER is due one week after the FINAL PRETRIAL CONFERENCE unless otherwise indicated by the court and shall be prepared and submitted to the court as an order.

CRITICALCivil cases

Applies to

Trial documents

Case-specific stipulated preliminary jury instructions and a proposed verdict form are due on the date stated in the final pretrial order before trial and must be emailed to the listed addresses.

Stipulated preliminary jury instructions which are case specific and proposed verdict form are due on the day stated in the final pretrial order before the first day of trial and emailed to JudgeLillard-Court@3rdcc.org,Seth.Atisha@3rdcc.org.

CRITICALCriminal cases

Applies to

Cobbs evaluation request

A Cobbs Evaluation request must be submitted to the Court in writing.

Cobbs Evaluations- Requests for Cobbs Evaluation MUST be submitted to the court in writing and served upon WCPO.

CRITICAL

Applies to

Motion

A praecipe is required for motions to be addressed by the Court.

Praecipes are required for motions to be addressed by the court.

CRITICAL

Applies to

Motion

Motions to change custody or parenting time, or modify child support, must be praeciped before the Friend of the Court.

Motions for change of custody, parenting time, or modification of child support must be praeciped before the Friend of the Court: see generally, Family Domestic / FOC (3rdcc.org).

CRITICAL

Applies to

Emergency filing

Emergency filings must be marked “Emergency” on the first page.

Emergency filings MUST be marked as Emergency on the first page of the filing.

CRITICALCivil cases

Applies to

Stipulated order

To adjourn a Settlement Conference past Facilitation, a request may be submitted by stipulated order, which must leave ample space for the Court to enter an adjourned date.

If you wish to adjourn the Settlement Conference past Facilitation, you may submit a request, by way of stipulated order, leaving ample space for the Court to enter an adjourned date should it be signed.

CRITICALCivil cases

Applies to

EPraecipe

An ePraecipe must be submitted after receipt of the Court’s Scheduling Order or the hearing will not be scheduled.

an ePraecipe MUST be submitted after receipt of the Court's Scheduling Order or the hearing will not be scheduled

CRITICALCivil cases

Applies to

Driver license restoration hearing

For a Driver’s License Restoration hearing, an evaluation must be available before the hearing.

Friday mornings during Motion Call. Must have evaluation available before hearing.

CRITICALCivil cases

Applies to

Responses and replies

Hard copies of any responses and replies are required.

Hard copies of responses and replies, if any, are also required.

CRITICALCivil cases

Applies to

Proposed jury instructions

Attorneys must prepare proposed jury instructions.

Attorneys to prepare.

CRITICALCivil cases

Applies to

Motion

The motion’s title must exactly match the title on the e-filed pleadings.

the title of the motion must be exactly as that on the e-filed pleadings.

CRITICALCivil cases

Applies to

Motion to adjourn

Every motion to adjourn a date must include a copy of the scheduling order.

ALL MOTIONS TO ADJOURN DATES MUST INCLUDE A COPY OF THE SCHEDULING ORDER!

CRITICALCivil cases

Applies to

Jury instructions

The plaintiff’s attorney must bring copies of the jury instructions to trial.

Plaintiff’s attorney to bring copies of Jury Instructions for Trial.

CRITICALCivil cases

Applies to

EPraecipe

Submit an ePraecipe for a random date and time; the Court Clerk will process it only after receiving the hard copy.

Please submit an epraecipe for a random date & time, but ONLY upon receipt of the hard copy will the Court Clerk process the praecipe.

CRITICALCivil cases

Applies to

Stipulation

A stipulation requesting an adjournment must include a very detailed reason for the request.

The stipulation must include a very detailed reason for the request to adjourn.

CRITICAL

Applies to

Order

Orders must contain the original or electronic signatures of all parties and attorneys to be signed by the Judge.

The Judge will only sign orders that contain the original or electronic signatures of all parties and attorneys.

CRITICAL

Applies to

Attorney fees motion

Motions seeking attorney fees should include supporting documents addressing need and ability to pay.

Further, all motions seeking attorney fees should include supporting documents as to the issue of needs/ability to pay.

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

Ex parte proposed order

An ex parte proposed order must be signed by the party or attorney presenting it.

(1) the proposed order is signed by the party/attorney presenting it;

CRITICAL

Applies to

Change of domicile motion

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

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

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.