Third Judicial Circuit Court of Michigan Document Filing Requirements

CRITICAL

Applies to

Motion

A motion will not be scheduled or heard unless it is praeciped and a Judge’s Copy is submitted to the Courtroom email.

Failure to praecipe a motion and submit a Judge's Copy to the Courtroom email means the motion will not be scheduled or heard.

CRITICAL

Applies to

Spousal support motion

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

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

CRITICAL

Applies to

Ex parte order submission

The complaint must be attached when submitting an ex parte order.

(2) the complaint is also attached;

CRITICAL

Applies to

Custody motion

A praecipe must be submitted to the Friend of the Court for all motions regarding custody.

PLEASE SUBMIT A PRAECIPE TO THE FRIEND OF THE COURT ON ALL MOTIONS REGARDING CUSTODY.

CRITICAL

Applies to

Proposed final judgment

All proposed final judgments should include a hearing date in the preamble (i.e. the hearing at which proofs were taken, the hearing at which the order was given on the record, etc.)

All proposed final judgments should include a hearing date in the preamble (i.e. the hearing at which proofs were taken, the hearing at which the order was given on the record, etc.)

CRITICAL

Applies to

Ex parte motion

A party seeking an ex parte order must submit an affidavit or verified pleading establishing a proper basis, alleging sufficient facts, and mirroring the verified allegations.

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 an Ex Parte Order, which should mirror the verified allegations.

CRITICAL

Applies to

Proposed uniform child or spousal support order

Calculations must accompany each proposed Uniform Child Support Order and Uniform Spousal Support Order.

Calculations must be submitted with each proposed Uniform Child Support Order and/or Uniform Spousal Support Order.

CRITICAL

Applies to

Order to show cause

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

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

CRITICAL

Applies to

Ex parte proposed order and complaint

Must include

judge name, case number

The proposed order and complaint must each include the case number and Judge’s name.

(3) a case number and the Judge’s name are included on both, the proposed order and complaint.

CRITICALCivil cases

Applies to

Joint final pretrial order

The joint final pretrial order must identify the issues of law to be litigated.

ISSUES OF LAW: Issues of law to be litigated.

CRITICALCivil cases

Applies to

Joint final pretrial order

The joint final pretrial order must include a verdict form listing all possible verdicts.

VERDICT FORM: Include a verdict form listing all possible verdicts.

CRITICALCivil cases

Applies to

Joint final pretrial order

The joint final pretrial order must include itemized damages; plaintiffs must specify objectively calculable damages and applicable benefit amounts and categories, and intervening plaintiffs must itemize their claims.

DAMAGES: An itemized statement of damages. Plaintiff shall specify all those claimed damages that can be calculated from objective data. If plaintiff is asserting a claim for first party benefits, the plaintiff shall identify the amount and category or each type of benefit. Intervening plaintiffs must specifically list the amount and breakdown of their claims.

CRITICALCivil cases

Applies to

Joint final pretrial order

The joint final pretrial order must include a concise statement of the plaintiff’s claims and legal theories.

PLAINTIFF’S CLAIMS: a concise statement of plaintiff’s claims, including legal theories.

CRITICALCivil cases

Applies to

Joint final pretrial order

The specified concluding language must appear at the end of the final pretrial order above the signature line.

CONCLUDING ORDER LANGUAGE: Include the following language at the end of the Final Pre-Trial Order above the signature line: “This order constitutes a duly entered order of this court, and failure of counsel or a party without counsel to cooperate in the preparation of, to submit, or to comply strictly with all the terms of the joint Final Pre-Trial Order, may result in refusal to let witnesses testify or to admit exhibits, dismissal of claims, striking of answers and affirmative defenses, default and entry of default judgment, or other action, including the assessment of special costs and expenses, including actual attorney fees.”

CRITICALCivil cases

Applies to

Joint final pretrial order

The joint final pretrial order must estimate the time for each side’s proofs, identify whether the trial is jury or non-jury, and state whether a jury verdict must be unanimous and include at least five jurors.

ESTIMATED LENGTH OF TRIAL: Estimated time for plaintiff’s proofs Estimated time for defendant’s proofs Indicate whether it is a jury or non-jury trial If a jury trial, indicate if a unanimous verdict of not less than 5 jurors.

CRITICALCivil cases

Applies to

Joint final pretrial order

The joint final pretrial order must concisely state the defendant’s defenses and claims, including applicable cross-claims, third-party claims, defenses, and legal theories.

DEFENDANT’S CLAIMS: a concise statement of defendant’s defenses and claims, including cross-claims and/or claims of third-party plaintiffs, and defenses of cross-defendants and/or third-party defendants, including legal theories.

CRITICALCivil cases

Applies to

Motion

A praecipe must be filed for every motion or the motion will not be scheduled.

Praecipes: must be filed for every motion or it will not be scheduled.

CRITICALCivil cases

Applies to

Joint final pretrial order

The court must receive copies of all requested jury instructions, and any requested special instruction must be included in the final pretrial order with supporting legal authority.

JURY INSTRUCTIONS: Provide the court with a copy of all requested jury instructions. If any party is requesting a special jury instruction include in the Final Pre-Trial Order a written copy of the special instruction and supporting legal authority.

CRITICALCivil cases

Applies to

Joint final pretrial order

The joint final pretrial order must identify the issues of fact remaining to be litigated.

ISSUES OF FACT: Issues of fact remaining to be litigated.

CRITICALCivil cases

Applies to

Joint final pretrial order

Each party must identify witnesses who will or may be called; generic listings are unacceptable, and previously undisclosed witnesses may be listed only for good cause.

EXHIBIT AND WITNESS LISTS: Each party will indicate which witnesses will be called and which witnesses may be called. Generic listing of witnesses such as “all or any employees of the defendant or plaintiff” is not acceptable. Failure to list witnesses may bar their production at trial. No witnesses shall be listed who have not been included on any written list submitted pursuant to prior court order except for good cause shown.

CRITICALCivil cases

Applies to

Joint final pretrial order

The joint final pretrial order must identify all witnesses who will testify by deposition; omission may bar their production absent good cause.

DEPOSITION TESTIMONY: The names of all witnesses who will testify by deposition must be identified. Failure to do so may bar their production at trial except for good cause shown.

CRITICALCivil cases

Applies to

Joint final pretrial order

The joint final pretrial order must recite stipulated or admitted matters and state all uncontested facts in separately numbered paragraphs.

STIPULATIONS OR ADMISSIONS OF FACTS: a recitation of any facts or other matters to which the parties have stipulated or admitted. The parties shall state, in separately numbered paragraphs, all uncontested facts.

CRITICALCivil cases

Applies to

Final pretrial order

The final pretrial order must be filed by the date in the final trial scheduling order and must meet the requirements set out below.

Final Pre-Trial Order: Must be filed by the due date in the final trial scheduling order and must conform to the requirements as set forth below.

CRITICALCivil cases

Applies to

Adjournment praecipe

An adjournment praecipe must be filed.

An adjournment praecipe must be filed.

CRITICALCivil cases

Applies to

Joint final pretrial order

The joint final pretrial order must include signature lines for the judge and all counsel of record.

SIGNATURE LINE: Include signature lines for the judge and all counsel of record.

CRITICALCivil cases

Applies to

Joint final pretrial order

The parties must number and briefly describe each intended trial exhibit; only listed exhibits are admissible, subject to the stated exceptions.

The parties shall number and with a short identifying description, each exhibit they intend to introduce at trial. Only listed exhibits will be considered admissible at trial, except for rebuttal exhibits which could not be reasonably anticipated before trial or except for good cause shown.

CRITICALCivil cases

Applies to

Jury instructions

Plaintiff’s attorney must bring one copy of the jury instructions to be read at trial.

Jury Instructions: Plaintiff’s attorney must bring 1 copy of the jury instructions to be read at trial.

CRITICAL

Applies to

Notice of hearing

Notices of hearing must include Zoom connection information.

All notices of hearing must contain Zoom connection information: Zoom available thru "Virtual Hearing" for Judge Wanda A. Evans here: http://3rdcc.org/courtroom-zoom-info

CRITICAL

Applies to

Response

Responsive briefs are required under MCR 2.119(A)(2).

4.All responses SHALL likewise be set forth in separately numbered paragraphs, fully and fairly responding to each corresponding paragraph of the motion. Responsive briefs are likewise required in accordance with MCR 2.119(A)(2).

CRITICAL

Applies to

Motion

Summary-disposition motions and responses must cite exhibits or the record with particularity, identifying 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

Proposed order

Yes; however, Judge Wanda A. Evans 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, specific date and time 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 add 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.

Yes; however, Judge Wanda A. Evans 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, specific date and time 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 add 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.

CRITICAL

Applies to

Notice of hearing

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

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

CRITICAL

Applies to

Joint final pretrial order

Plaintiffs are typically responsible for timely entering the Joint Final Pre-Trial Order unless the Trial Order provides otherwise; failure may result in dismissal or default.

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. FAILURE TO TIMELY ENTER THE JOINT FINAL PRETRIAL ORDER MAY RESULT IN DISMISSAL/DEFAULT.

CRITICAL

Applies to

Motion

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

Judge Wanda A. Evans requires motion(s) be filed for alternate service (and)/or a second summons. Although no hearing is required, Judge Evans 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

Joint final pretrial order

Submit the Joint Final Pre-Trial Order according to the Trial Order using the specified 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

Motion

Motions must state the substance of their arguments in separately numbered paragraphs, and briefs are required to elaborate on those arguments.

2.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 full and complete preliminary instructions covering the elements of all civil claims, legal-term definitions, legal presumptions, and burdens of proof, as required by M Civ JI 2.02.

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

Default judgment

Must include

proposed order

After filing, email the proposed default judgment to JudgeAbraham-Court at least two days before the scheduled motion hearing.

After filing, email the proposed default judgment to JudgeAbraham-Court at least two days before your scheduled motion hearing date.

CRITICAL

Applies to

Motion

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

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

CRITICAL

Applies to

Emergency filing

Mark emergency filings “Emergency” on the first page.

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

CRITICAL

Applies to

Notice of presentment

Must include

certificate of service

Attach the proof of service and copies of both orders to the Notice of Presentment as one document, and attach each order separately for entry in the same email.

The Proof of Service and a copy of both Orders must be attached to the Notice of Presentment as one document and each of the Order(s) are attached separately for entry in the same email.

CRITICAL

Applies to

Motion

Praecipe motions for change of custody, parenting time, or child-support modification 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).