Third Judicial Circuit Court of Michigan Document Filing Requirements

WARNINGCivil cases

Applies to

Answer

In No-Fault cases, the Defendant should submit with the Answer a Request to Produce seeking signed medical authorizations for all known providers relating to the claims in the Complaint.

At the time of filing the Answer, Defendant should submit a Request to Produce directed to the Plaintiff requesting signed Medical Authorizations for all medical providers known to the Plaintiff relating to the claims identified in the Complaint. (See MCR 2.314)

WARNINGCivil cases

Applies to

Motion

A Judge Copy of a motion should include only exhibits necessary to the claims, not full deposition transcripts or insurance contracts.

Submit a "Judge Copy" to JudgeHarb-Court@3rdcc.org , upon filing with the Clerk's Office, with only those Exhibits attached that are necessary to your claims. Do not submit full deposition transcripts, insurance contracts etc.)

WARNINGCivil cases

Applies to

Response

Response exhibits must be necessary to the claim or defense; do not submit full deposition transcripts or insurance contracts.

Ensure that any attached Exhibits are necessary to your claim/defense. (Do not submit full deposition transcripts, insurance contracts, etc.)

WARNINGCivil cases

Applies to

Email

Must include

case number

Emails must include the case name and number.

All emails must include case name and number.

WARNINGCivil cases

Applies to

Email accompanying jod and rod

When submitting the JOD and ROD before the scheduled hearing, indicate the upcoming hearing date in the email.

If JOD and ROD are submitted PRIOR TO the scheduled hearing date, please indicate the upcoming hearing date in the email.

WARNINGCivil cases

Applies to

Jod and rod submission

When submitting the JOD and ROD after the scheduled hearing, indicate the date the proofs were taken.

If JOD and ROD are submitted AFTER the scheduled hearing date, please indicate the date the proofs were taken.

WARNINGCivil cases

Applies to

Response

A response must be limited to the pleading it answers.

Please limit response to pleading being answered.

WARNINGCivil cases

Applies to

Motion exhibits

Parties should use joint exhibits when possible to eliminate duplicate exhibits.

The parties shall use joint exhibits to the extent possible to eliminate duplicate exhibits.

WARNINGCivil cases

Applies to

Order

Early facilitation is suggested, and the order must include the facilitation date and a clerk-obtained pretrial conference date within seven days of facilitation.

Early facilitation is suggested. the order shall be presented with the facilitation date and a pretrial conference date, obtained from the clerk, which conference will within (7) days of facilitation, all to be included in in the order.

WARNING

Applies to

Notice of appearance

Appearances. 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.

Appearances. 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.

WARNING

Applies to

Motion for reconsideration

The original motion for reconsideration should be filed with the County Clerk’s office in CAYMC room 201.

The original motion for reconsideration should be filed with the County Clerk's office in CAYMC room 201.

WARNING

Applies to

Order

To have orders returned by mail after entry, provide a return envelope; otherwise, true copies are held in the courtroom pickup box for two weeks and discarded if not collected within 14 days.

Return of orders. If you would like orders returned to you via mail after entry, we will do so if you provide a return envelope. If you do not attach an envelop, we will hold your true copies for two weeks in the pick up box outside of the courtroom. Because of space constraints, we cannot hold them for a longer period. If not picked up within fourteen (14) days, true copies will be discarded.

WARNING

Applies to

Motion for reconsideration

A hearing on a motion for reconsideration or rehearing will occur only if ordered by the court, and no praecipe or notice of hearing should be filed.

Pursuant to the Michigan Court Rules, a hearing on the motion will not be held unless ordered by the court. As such, no praecipe or notice of hearing should be filed.

WARNING

Applies to

Final judgment

Filers are asked to consult the Judgment Approval Form checklist when preparing a final judgment or order.

Final judgments: In order to ensure that your final judgment or order is not rejected, please refer to the Judgment Approval Form checklist that the court will refer to in approving your orders.

WARNINGCivil cases

Applies to

Answer

In No-Fault cases, the Defendant should submit the specified Request to Produce when filing the Answer.

At the time of filing the Answer, Defendant should submit a Request to Produce directed to the Plaintiff requesting signed Medical Authorizations for all medical providers known to the Plaintiff relating to the claims identified in the Complaint. (See MCR 2.314)

WARNINGCivil cases

Applies to

Answer

In a No-Fault case, the Defendant should submit with the Answer a Request to Produce seeking signed medical authorizations for known providers related to the claims.

At the time of filing the Answer, Defendant should submit a Request to Produce directed to the Plaintiff requesting signed Medical Authorizations for all medical providers known to the Plaintiff relating to the claims identified in the Complaint.

WARNINGCivil cases

Applies to

Document production

Document production must occur at the same time as the written responses.

The document production shall be made at the same time as the written responses.

WARNINGCivil cases

Applies to

Document production

Document production must be made at the same time as the written discovery responses.

The document production shall be made at the same time as the written responses.

WARNINGCivil cases

Applies to

Summary disposition motion

NO NEED TO FILE A NOTICE OF HEARING OR PREACIPE.

NO NEED TO FILE A NOTICE OF HEARING OR PREACIPE.

WARNING

Applies to

Verdict form

The parties should stipulate to the verdict form before closing arguments.

Verdict form should be stipulated to by the parties prior to closing arguments.

WARNING

Applies to

Motion

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

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

WARNING

Applies to

Order

Represented parties are expected to prepare a handwritten or typed order immediately after a hearing; unrepresented litigants must wait for the court or staff to provide one.

Court expects that represented parties prepare a hand-written or typed order immediately after the conclusion of a hearing. Unrepresented litigants must wait for the court/staff to provide a written order.

WARNING

Applies to

Motion

The request for relief should be specific.

Be specific in your request for relief.

WARNINGCivil cases

Applies to

Adjournment request

An adjournment request must state the case filing date and whether there have been prior adjournments.

When requesting an adjournment include the filing date of the case and whether there have been prior adjournments.

WARNINGCivil cases

Applies to

Interpreter request

An interpreter request must identify the case, hearing date, requesting party, and requested language.

When making an interpreter request, please include the case name, hearing date, party requesting the interpreter, and language requested.

WARNINGCivil cases

Applies to

Email

Emails to the Court must include the case number and party names in the subject line.

Include the case number and party names in the subject line of your email.

WARNINGCivil cases

Applies to

Email

Emails to the Court must indicate the upcoming hearing date.

Please indicate the upcoming hearing date in the email

WARNINGCivil cases

Applies to

Motion or response

Must include

proposed order

A proposed order should be attached to the motion or response and brought to the motion hearing.

Proposed Orders should be attached to the motion/response as well as brought to the motion hearing.

WARNINGCivil cases

Applies to

Order

When submitting an order after a motion hearing, the filer should state in Filer Comments that it conforms to the Court’s ruling and give the hearing date.

Filer Comments:When submitting an order following a motion hearing, please indicate in the ‘Filer Comments’ that the order is being submitted consistent with the Court’s ruling and indicate the date of that hearing.

WARNING

Applies to

Notice of hearing

Review the returned Praecipe for the assigned date and time, and send opposing counsel and file a corrected Notice of Hearing if necessary.

The Clerk will change that date if the proposed date is not available. 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.

WARNINGCivil cases

Applies to

Notice of hearing

Your notice of hearing should indicate that a hearing will be by Zoom and include Zoom instructions (i.e., "Go to www.3rdcc.org/zoom/civil and click the "Join Meeting" button next to Judge Fresard's name").

Your notice of hearing should indicate that a hearing will be by Zoom and include Zoom instructions (i.e., "Go to www.3rdcc.org/zoom/civil and click the "Join Meeting" button next to Judge Fresard's name").

WARNINGCivil cases

Applies to

Stipulated order

The case proceeds to case evaluation if the parties do not submit a stipulated order or the Court does not approve their selected ADR process.

If the parties do not submit a stipulated order or the Court does not approve of the ADR selected by the parties, the case shall proceed to case evaluation.

WARNINGCivil cases

Applies to

Default judgment motion

For example: a breach of contract case should include the contract and an affidavit stating the balanced owed; A personal injury case should include medical bills and an affidavit of the injured party outlining the injuries.

For example: a breach of contract case should include the contract and an affidavit stating the balanced owed; A personal injury case should include medical bills and an affidavit of the injured party outlining the injuries.

WARNINGCivil cases

Applies to

Praecipe

Filing a motion does not schedule its hearing; the courtroom must accept the praecipe to place the motion on the docket, and filing a notice of hearing before praecipe acceptance is inadvisable.

Please note that filing a motion does not automatically schedule the hearing. Instead, acceptance of the praecipe by the courtroom ensures that the motion is placed on the court's docket. For this reason, it is inadvisable to file a notice of hearing before the e-praecipe has been accepted by the courtroom for scheduling.

WARNINGCivil cases

Applies to

Joint final pretrial order

When listing witnesses, parties should identify each expert and state whether the expert will testify in person or by deposition.

When listing witnesses, parties should identify all expert witnesses and designate whether they are testifying in person or by deposition.

WARNING

Applies to

Motion to show cause

Praecipe any motion to show cause before the Court.

Please praecipe any Motions to Show Cause before the Court.

WARNING

Applies to

Interpreter request

An interpreter request must identify the case number, case name, requesting party, and requested language.

If a party needs an interpreter for a hearing or trial, please contact the Court at JudgeAbraham-Court@3rdcc.org at least 14 days before the hearing with the case number, case name, party requesting the interpreter, and language requested.

WARNING

Applies to

Show cause order

A Show Cause Order will not be signed until after a motion hearing has occurred.

Show Cause Orders will not be signed until after a motion hearing has been held.

INFO

Applies to

Jury instruction request

A party relying on all standard jury instructions need not file a written jury-instruction request.

In a jury trial, no written request for jury instruction has to be filed if a party is relying on all standard jury instructions.

INFO

Applies to

Proposed order

Submitting SCAO form MC 304 under the stated Mi-filing code after MC 303 is strongly encouraged.

It is strongly encouraged that SCAO form mc 304 be submitted as an "ORDER/JUDGMENT ACCEPTED-WAITING FOR JUDGE'S SIGNATURE", following submission of form mc 303 as a motion.

INFO

Applies to

Second summons request

Use of SCAO form MC 01b is strongly encouraged for requests for a second summons.

It is strongly encouraged that SCAO form mc 01b be used for all requests for a second summons; it should available here:

INFO

Applies to

Alternate service request

Use of SCAO form MC 303 is strongly encouraged for requests for alternate service.

It is strongly encouraged that SCAO form mc 303 be used for all requests for alternate service; it should be available here:

INFOCivil cases

Applies to

Voir dire questions

The Court conducts general voir dire; parties may submit proposed questions, and are encouraged to do so by the date of the pretrial conference.

Voir Dire (who conducts): The Court conducts general voir dire. The parties are encouraged to and may submit proposed voir dire questions to the Court no later than the date of the pre-trial conference.

INFOCivil cases

Applies to

Voir dire questions

The parties are encouraged, but not required, to submit proposed voir dire questions.

The parties are encouraged to and may submit proposed voir dire questions.

INFO

Applies to

Alternate service request

Use of SCAO form MC 303 for alternate-service requests is strongly encouraged.

It is strongly encouraged that SCAO form mc 303 be used for all requests for alternate service; it should be available here:

INFO

Applies to

Second summons request

Use of SCAO form MC 01b for second-summons requests is strongly encouraged.

It is strongly encouraged that SCAO form mc 01b be used for all requests for a second summons; it should available here:

INFO

Applies to

Proposed order

Submitting SCAO form MC 304 under the stated code after MC 303 is submitted as a motion is strongly encouraged.

It is strongly encouraged that SCAO form mc 304 be submitted as an "ORDER/JUDGMENT ACCEPTED-WAITING FOR JUDGE'S SIGNATURE", following submission of form mc 303 as a motion.

INFO

Applies to

Joint final pretrial order

Attorneys may submit additional voir dire questions with the Joint Final Pretrial Order.

Attorneys may submit additional questions to the Judge with the Joint Final Pretrial Order.