Third Judicial Circuit Court of Michigan Filing Timing and Cure Windows
179 rules from official source documents
Filing cutoffs, deemed-filed rules, rejection handling, cure periods, and outage procedures. This page is scoped to Third Judicial Circuit Court of Michigan; use the court rules overview to switch categories without leaving this court.
E-file the motion, file the Praecipe with a requested date once it appears in the Register of Actions, and only notice the hearing after receiving the processed Praecipe; do not file proposed orders until after the hearing.
Please e-file your Motion. When the Motion appears in the Register of Actions, file the Praecipe with your requested date. If the requested date is available we will honor it, if your requested date is not available, we assign the next available date and time. You may Notice the Hearing after you receive the processed Praecipe with the actual date and time for the requested hearing. Please do not file the Notice of Hearing until you receive the processed Praecipe. Please do not file the proposed Orders until after your Hearing.
Responses to motions are due 3 days before the scheduled hearing.
Responses are due 3 days ahead of schedule (Ex: Monday before Thursday hearing)
For summary disposition motions, file the Praecipe with a requested date 30+ days out on Monday-Thursday at 10:00 a.m.; call the Court if you do not receive a scheduling order.
Please file your motion. When it appears in the Register of Actions, file the Praecipe with your requested date 30+ days out Mon-Thu @ 10:00 a.m. After receiving your processed praecipe, call the Court if you have not also received a scheduling order.
All summary disposition motions must be filed before case evaluation; if case evaluation is waived, the deadline is the last day of the month in which case evaluation would have occurred on Track 2.
NOTE THAT ALL SUMMARY DISPOSITION MOTIONS MUST BE FILED PRIOR TO THE CASE EVALUATION. If Case Evaluation is waived, the deadline for filing MSD is the last day of the month in which Case Evaluation would have occurred on Track 2.
Motions in limine must be e-filed no less than 3 weeks before the pre-trial and are heard on the pre-trial date.
All Motions in Limine shall be e-filed to this Court no less than 3 weeks before the date of the Pre-Trial, and will be heard on the date of the Pre-Trial.
Response briefs for motions in limine are due 1 week before the pre-trial.
Response Briefs will be due 1 week before the Pre-Trial.
- Deadline
- 3 business days
Reply briefs for motions in limine are due 3 business days before the pre-trial.
Reply Briefs will be due 3 business days before the Pre-Trial.
The lower court transcript must be electronically filed within 56 days; failure to timely file results in dismissal of the appeal.
Within 56 days the lower court transcript must be submitted to counsel by the Court Reporter and electronically filed with the Clerk's Office and JudgeHarb-Court@3rdcc.org . - Failure to timely file a transcript will result in dismissal of the appeal
Motions in limine must be filed no later than 30 days before trial.
Motions in limine MUST be filed no later than 30 days before the date of trial.
Response to a summary disposition motion is due 21 days from the scheduling order.
Response to the Motion for Summary Disposition is due (21) days from this Order.
Reply brief for summary disposition is due 7 days from the date the response is filed.
The reply brief is limited to five (5) or less pages, and is due (7) days from the date the response is filed with the Court.
Final facilitation must be scheduled within 42 days of Case Evaluation.
Final facilitation must be scheduled to occur within 42 days of Case Evaluation.
Responses to motions on the Friday docket are due no later than Wednesday morning.
Responses, pursuant to MCR 2.119(2)(a), are due no later than Wednesday morning for a Friday hearing.
Motions in limine must be heard at least one month before trial unless the Court directs otherwise.
Motions in Limine (when heard): At least (1) one month before trial or scheduled otherwise as directed by the Court
Parties must exchange witness, exhibit, and jury instruction lists within three weeks after facilitation.
The parties must exchange these three lists within three (3) weeks after facilitation.
Objections to witness, exhibit, or jury instruction lists must be provided in writing within 14 days of receipt and filed with the Court.
The parties must notify opposing counsel, in writing, of any objection to any of the witnesses, exhibits or instructions within (14) days of receipt and filed with the Court.
No motions are permitted on the day of trial.
NO MOTIONS ON THE DAY OF TRIAL.
- Deadline
- 3 calendar days
Responses are due 3 days before the scheduled hearing date.
Responses are due 3 days ahead of scheduled hearing date
A motion hearing is not scheduled until the accepted praecipe is returned with the date and time; a submission confirmation is not acceptance and the hearing is not on the docket until then.
A motion is not scheduled until you receive the accepted praecipe back with the date and time of the hearing. The notification that the praecipe was successfully submitted is NOT the accepted praecipe. If your praecipe has not been accepted, your motion hearing is not on the docket.
- Deadline
- 60 calendar days
In cases with a discovery cut-off date of 1/1/2025 or after, dispositive motions must be filed within 60 days after the close of discovery or are waived.
For any case with a discovery cut-off date of 1/1/2025 or after: All dispositive motions must be filed within 60 days after the close of discovery or are waived.
- Deadline
- 90 calendar days
In cases with a discovery cut-off date of 12/31/2024 or before, dispositive motions must be filed within 90 days after the close of discovery unless an order specifies a different period.
For any case with a discovery cut-off date of 12/31/2024 or before: All dispositive motions must be filed within 90 days after the close of discovery UNLESS a different time period has been specified in an order
A motion for summary disposition filed outside the applicable deadlines requires a motion for leave.
ANY MOTION FOR SUMMARY DISPOSITION FILED OUTSIDE THESE TIMELINES WILL REQUIRE A MOTION FOR LEAVE TO BE FILED
- Deadline
- 14 calendar days
Responses to a motion for summary disposition are due 2 weeks prior to the MSD hearing.
In general, the Court requires that all RESPONSES be due 2 weeks prior to the MSD hearing and all REPLIES be due 1 week prior to the MSD hearing.
Responses and replies are due by close of business (4:30 PM) on the due date.
All due dates for responses or replies are due by close of business (4:30 PM) on the due date.
- Deadline
- 35 calendar days
The joint final pretrial order is due 5 weeks before trial.
JOINT final pretrial order: Due 5 weeks before trial
Failure to jointly file the JFPO may result in dismissal or costs for Plaintiff, and Defendant's failure to timely participate in compiling the JFPO may result in default judgment.
Failure to jointly file the JFPO may result in Plaintiff's case being dismissed or assessed costs. Failure for the Defendant to timely participate in the compilation of the JFPO may result in a default judgment.
Proposed voir dire questions are due by 12:00 PM the Thursday before trial, delivered as a hard copy to the courtroom and emailed as a Word document to the judicial attorney.
By 12:00pm the Thursday before trial, Counsel shall deliver a hard copy of the proposed voir dire questions to the courtroom and email a Word Document copy to the judicial attorney.
- Deadline
- 48 hours
A Word document copy of the joint jury instructions must be emailed to the judicial attorney 48 hours before the final pretrial conference.
48 hours prior to the Final Pretrial Conference, Counsel shall email a Word Document copy of the joint jury instructions to the Judicial Attorney at Victoria.Lencione@3rdcc.org .
By the Thursday before trial, counsel must deliver two hard copies of the stipulated joint jury verdict form to the courtroom and email a Word document copy to the judicial attorney.
Counsel shall stipulate to a joint jury verdict form in advance of trial and, by the Thursday before trial, deliver two hard copies to the courtroom and email a Word Document copy to the judicial attorney.
Motions in limine and responses must be e-filed by the date in the trial scheduling order; late-filed motions in limine will not be entertained.
Motions in Limine and responses shall be e-filed no later than the date in the Court's trial scheduling order, and will be heard on a date to be scheduled by the Court prior to trial, generally on the date of the Final Pretrial Conference. No late filed motions in limine will be entertained.
- Deadline
- 56 calendar days
The lower court transcript must be submitted to counsel and electronically filed with the Clerk's Office and the court email within 56 days, or the appeal will be dismissed.
Within 56 days the lower court transcript must be submitted to counsel by the Court Reporter and electronically filed with the Clerk's Office and JudgeElder-Court@3rdcc.org Failure to timely file a transcript will result in dismissal to the appeal
Dispositive motions must be scheduled within 30 days after case evaluation or within 30 days of the first facilitation, whichever is first.
All dispositive motions must be scheduled within 30 days after case evaluation or within 30 days of the first facilitation, which ever is first.
- Deadline
- 7 calendar days
The Joint Case Management Plan must be filed at least one week before the Case Management Conference.
At least one week prior to the Case Management Conference, the parties must efile with the Court (with a copy to the Judicial Attorney at Karen.Liddle@3rdcc.org) a Joint Case Management Plan.
Failure to timely file the Joint Case Management Plan may result in sanctions.
Failure to timely file the Joint Case Management Plan may result in sanctions.
- Deadline
- 30 calendar days
Parties must make initial disclosures within 30 days.
The parties shall make certain initial disclosures, to the extent that such information is known and in accordance with provision 2(c)(ii) of the Business Court Case Management Protocol, within 30 days.
Plaintiff must disclose testimonial expert identities and subject matters by a specified date.
Plaintiff must disclose the identity of any testimonial experts by ________ together with a statement of the subject matter(s) to be addressed by each expert witness.
- Deadline
- 21 calendar days
Defendant must disclose testimonial expert identities and subject matters within 21 days of receiving Plaintiff's disclosure.
Defendant must disclose the identity of any testimonial experts, together with a statement of the subject matters(s) to be addressed by each expert witness, within 21 days of receipt of Plaintiff's disclosure as set forth in No. 4.
- Deadline
- 60 calendar days
Witness lists must be exchanged and filed at least 60 days before the close of discovery.
Witness lists must be exchanged and filed with the Court at least 60 days prior to the close of discovery.
All dispositive motions must be filed by a specified date.
All Dispositive Motions must be filed by the following date of ______________________.
- Deadline
- 21 calendar days
All motions in limine must be filed and heard no later than three weeks before trial.
All Motions in Limine must be filed and heard by no later than three weeks before Trial.
All discovery must be completed by a specified date.
All discovery must be completed by ____________.
Parties may amend pleadings as of right until a specified date; later amendments require a court order.
The parties are permitted to amend their pleadings as of right up to _______. Any amendments after that date require an Order of the Court.
- Deadline
- 7 calendar days
Joint Case Management Plan must be filed at least one week before the scheduled Case Management Conference.
Plaintiff’s counsel shall then file a Joint Case Management Plan, identifying areas of agreement and disagreement (and as to such matters, briefly setting forth the parties' positions), at least one week prior to the scheduled conference.
- Deadline
- 30 calendar days
Parties must make initial disclosures within 30 days of the Case Management Conference.
Within 30 days of the Case Management Conference, the parties shall make certain initial disclosures, to the extent that such information is known.
The moving party must request the summary disposition scheduling order before the date initially set for case evaluation, even if the parties waive case evaluation in lieu of facilitation.
THE MOVING PARTY MUST REQUEST THE SCHEDULING ORDER PRIOR TO THE DATE INITIALLY SET FOR CASE EVALUATION. IF THE PARTIES WAIVE CASE EVALUATION IN LIEU OF FACILITATION, THE PARTIES STILL MUST REQUEST THE SCHEDULING ORDER PRIOR TO THE DATE SET FOR CASE EVALUATION.
- Deadline
- 30 calendar days
In business court cases, parties must request the scheduling order within 30 days after the close of discovery.
FOR BUSINESS COURT CASES, PARTIES MUST REQUEST A SCHEDULING ORDER WITHIN 30 DAYS AFTER THE CLOSE OF DISCOVERY.
A TRO filed after 12:00 p.m./noon without the required notice to the court will be heard no earlier than the next business day at 9:00 a.m.
Any TRO filed after 12:00 p.m./noon without said notice to the Court shall be heard on the next business day at 9:00 a.m. the earliest.
- Deadline
- 7 calendar days
Plaintiff's counsel must file the Joint Case Management Plan at least one week before the Case Management Conference.
Plaintiff's counsel shall then file a Joint Case Management Plan, identifying areas of agreement and disagreement (and as to such matters, briefly setting forth the parties' positions), at least one week prior to the scheduled conference.
- Deadline
- 7 calendar days
Motions in limine must be filed one week before the Final Conference.
One week before the Final Conference
- Deadline
- 5 business days
Responses to non-summary disposition motions are due five days before the hearing; failure to file a response results in the motion being treated as unopposed.
Responses to non-summary disposition motions are due five (5) days prior to the hearing. If a response to a motion is not filed as provided by the court rules, the Court will treat the motion as unopposed.
- Deadline
- 30 calendar days
Judge Ewell will not entertain summary disposition motions filed more than 30 days after case evaluation without prior Court permission.
Judge Ewell does not entertain MSD's which are filed more than 30 days after case evaluation without prior permission of the Court.
- Deadline
- 7 business days
A joint final pretrial order must be e-filed seven days prior to trial or as determined by the Court.
A joint Final Pre-Trial order must be e-filed seven (7) days prior to trial or as determined by the Court.
Summary disposition motions under MCR 2.116(C)(10) should not be filed until discovery closes unless permission is obtained by motion; (C)(7) and (C)(8) motions may be filed before discovery closes.
Motions for Summary Disposition (MSD) pursuant to MCR 2.116(C)(10) should not be filed until Discovery is closed. A party may seek permission to file a (C)(10) before Discovery closes by filing a Motion. MSD's pursuant to another subsection such as (C)(7) or (C)(8) can be filed before the close of discovery.
If a response to a summary disposition motion is not filed per the Briefing Schedule, the motion is treated as unopposed.
If a response to the SD motion is not filed as provided in the Briefing Schedule, the Court will treat the motion as unopposed.
Motions for Summary Disposition must be filed within 30 days after the close of discovery.
All Motions for Summary Disposition shall be filed within 30 days after close of discovery.
All Motions in Limine must be filed 30 days before trial.
All Motions in Limine must be filed 30 days prior to trial date.
Confidential exhibits and GAL reports must be submitted to the Court at least 7 days before the hearing.
Any Confidential Exhibits and GAL Reports are to be submitted to the Court no later than 7 days prior to the hearing date.
- Deadline
- 14 calendar days
All responses and exhibits must be submitted at least two weeks before the hearing.
Responses and Exhibits: Please submit ALL Responses and Exhibits at least two weeks prior to the hearing.
- Deadline
- 3 business days
Responses are generally due three business days prior to the hearing.
Response due date: Generally, three (3) business days prior to hearing.
Witness lists must be exchanged at least 14 days before trial, unless the Trial Scheduling Order says otherwise.
Witness lists must be exchanged no later than 14 days before the trial unless the Trial Scheduling Order indicates otherwise.
Trial briefs are due one week before trial, unless the Trial Scheduling Order indicates otherwise.
Trial briefs are due one week in advance of trial, unless a Trial Scheduling Order indicates otherwise.
Motions in limine must be heard at least 2 weeks before trial, unless the Trial Scheduling Order indicates otherwise.
Motions in limine: Must be heard at least 2 weeks prior to the trial date, unless a Trial Scheduling Order indicates otherwise.
Summary disposition motions must be filed within 18 months of the complaint; later filings require a motion for leave, and no hearing within 30 days of trial.
Effective December 1, 2022, summary dispositions must be filed within 18 months of the complaint. All MSDs filed after that date require a motion for leave to late file a summary disposition. No summary disposition motions shall be heard within 30 days of trial.
Within one week of a praecipe ruling, the moving party must submit a formal order conforming to the ruling and outlining relief.
For all motions without oral argument: the Judge’s praecipe ruling is NOT a substitution for a formal order. Within one week of the praecipe ruling has being issued, the moving party is to submit an order that conforms with the praecipe and outlines any relief to which the moving party is entitled to if the motion is granted.
Responses to motions must be e-filed and paper copy received by the Tuesday before the hearing.
Unless told otherwise by the court. responses shall be e-filed and a paper copy (Judge’s Copy) received, no later than the Tuesday before the hearing.
After a bench ruling, the moving party must submit a 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.
Within 7 days of the praecipe ruling being posted or oral argument, the moving party must submit a formal order for the judge's signature that comports with the ruling and includes all relief.
Upon receiving the praecipe order: Moving party must submit a formal order for judge's signature within 7 days of the praecipe ruling being posted to the ROA or oral arguments being held. The order must comport with the judge's ruling, and if the motion is granted, must also include all relief to which a party is entitled.
Attorneys must wait at least 21 days after submitting proof of service of the initial default before filing a motion for default judgment.
Attorneys must allow at least 21 days from the date the proof of service regarding the initial default was submitted before filing the motion for entry of default judgement to allow time for service and a Response to be filed.
Appeals must be resolved within 6 months of filing.
All appeals must be resolved within 6 months of filing according to the Court's internal policy guidelines.
The final pre-trial statement must be submitted no later than two weeks before trial.
Plaintiff and Defendant are responsible for convening and preparing the FPTS. It shall be submitted no less than two weeks before trial.
Parties must notify opposing counsel and the court of any deposition use by the Thursday before trial.
If a party intends to utilize any deposition, the party shall notify opposing counsel and the court no later than the Thursday prior to trial.
- Deadline
- 3 business days
Answers to motions are due 3 business days before the scheduled motion date.
Answers are due 3 business days before the scheduled Motion date (Monday before Thursday hearing)
Summary disposition motions must be filed within 30 days of close of discovery per the scheduling order or they are deemed waived.
Summary disposition motions MUST be filed within (30) days of the date that discovery is closed per the scheduling order or are deemed waived.
- Deadline
- 10 business days
Answers to summary disposition motions are due 10 business days before the hearing; replies are due 3 business days before.
Answers are due 10 business days prior to the scheduled Hearing date for Motions for Summary Disposition and replies are due 3 business days prior.
Motions in limine must be timely filed and scheduled (generally 2 weeks before trial); failure prohibits raising the issue at trial.
All Motions in Limine shall be heard on this date. Failure to timely file and schedule a proper Motion will prohibit the issue being raised at Trial.
The lower court transcript must be submitted and electronically filed within 56 days; failure results in dismissal of the appeal.
Within 56 days the lower court transcript must be submitted to counsel by the Court Reporter and electronically filed with the Clerk's Office and JudgeMcCarthy-Court@3rdcc.org. - Failure to timely file a transcript will result in dismissal to the appeal.
Reply briefs must be filed and served at least 3 days before the hearing.
Reply briefs are permitted, but must be no longer than 10 pages, exclusive of attachments/exhibits. Replies must be filed and served at least 3 days prior to a hearing.
All motions for summary disposition must be filed within 30 days of the close of discovery, effective March 4, 2025.
Yes; effective March 04, 2025, all motions for summary disposition shall be filed within thirty ('30') days of the close of discovery. See MCR 2.401(B)(2)(a)(ii).
- Deadline
- 48 hours
Judgment of Divorce and related orders must be submitted no later than 48 hours before the hearing.
Judgment of Divorce, Record of Divorce, Uniform Child Support Order, and Uniform Spousal Support Orders MUST be submitted to the Court no later than 48 hours prior to the hearing. Failure to timely submit documents may result in the hearing being adjournment.
- Deadline
- 7 calendar days
Interpreter requests must be emailed at least 7 days before the hearing and include case name, hearing date, requesting party, and language.
Interpreter requests MUST be submitted via email to the Court at least 7 days prior to the scheduled hearing. When making an interpreter request, please include the case name, hearing date, party requesting the interpreter, and language requested. Failure to timely submit an interpreter request may result in the hearing being adjourned.
- Deadline
- 48 hours
Responses to motions must be filed with the Clerk's Office and emailed to the Courtroom at least 48 hours before the hearing.
Responses to motions must filed with the Clerk's Office and be emailed to the Courtroom at least 48 hours prior to the hearing.
- Deadline
- 7 calendar days
Exhibit lists, witness lists, and trial briefs must be submitted electronically at least a week before the hearing.
All exhibit lists, witness lists, and trial briefs must be submitted electronically to JudgeElassal-Court@3rdcc.org at least a week prior to the scheduled hearing.
- Deadline
- 30 calendar days
Motions for summary disposition must be filed no later than 30 days after Case Evaluation.
All motions for summary disposition must be filed no later than 30 days after Case Evaluation.
- Deadline
- 30 calendar days
If Case Evaluation is not appropriate, summary disposition motions are due 30 days after the close of discovery; if the case was sent to facilitation instead, they are due 30 days after facilitation.
If a determination has been made that Case Evaluation is not appropriate for your case, then all motions for summary disposition must be filed no later than 30 days after the close of discovery. If the case has been sent to facilitation in lieu of Case Evaluation, then all motions for summary disposition must be filed no later than 30 days after facilitation.
- Deadline
- 60 calendar days
The praecipe for a summary disposition motion must select a Thursday at 11:00 a.m. at least 60 days from the praecipe submission date.
When filing the praecipe, the moving party shall select a Thursday date, at 11:00 a.m., that is no less than 60 days from the date the praecipe is being submitted.
- Deadline
- 3 calendar days
Responses must be filed and served no later than 3 days before the hearing; an untimely response means the motion is treated as unopposed, oral argument may not be permitted, and costs and attorney fees may be awarded.
A Response to a motion shall be filed and served, and the Court prefers that a courtesy 'Judge's Copy' also be delivered to Courtroom 1821, no later than three (3) days prior to the hearing date pursuant to MCR 2.119(C)(2)(a-b).If a response to a motion is not timely filed, the Court will treat the motion as unopposed and oral argument may not be permitted.Costs and attorney fees may be awarded as allowed by law.
The Final Joint Pretrial Order is due at the date and time set for the Final Joint Pretrial Conference.
A Final Joint Pretrial Order is due at the date and time set for your Final Joint Pretrial Conference.
Proposed joint jury instructions and the proposed joint verdict form are due by 8:30 a.m. on the Thursday before trial.
Proposed joint jury instructions and proposed joint verdict form are due by 8:30 a.m. on the Thursday before trial.
- Deadline
- 7 calendar days
Briefs for motions in limine are due one week (7 days) before the hearing date.
Briefs for any motions in limine are due one (1) week in advance of the hearing date.
- Deadline
- 21 calendar days
Summary disposition motions must be e-filed no later than 28 days after notice of trial and at least 21 days before the hearing.
Time: Must be e-filed no later than 28 days after notice of trial and a minimum of 21 days before the hearing date unless otherwise ordered.
- Deadline
- 120 calendar days
Stipulated orders opting out of case evaluation must be filed within 120 days of the first responsive pleading; beyond that, a motion is required.
Stipulated orders must be filed w/in 120 days from the 1st responsive pleading pursuant to MCR 2.403 (A)(3). Parties must file a motion if they are beyond the time limits put forth in the court rule.
- Deadline
- 3 calendar days
Motions in limine must be filed at least three weeks before trial, scheduled with the clerk, and require a Praecipe.
Motions in limine (when heard): Must be filed at least three weeks before trial, and will be heard on any Friday prior to trial. Plan ahead: it is not an emergency because you forgot. Counsel must schedule motions with clerk. A Praecipe is required.
Joint jury instructions must be delivered as two hard copies to the courtroom and emailed to the court clerk by 12:00 PM Thursday before trial.
By 12:00pm Thursday before trial, counsel must deliver two hard copies to courtroom and email a copy to court clerk.
Jury verdict forms must be delivered as two hard copies to the court and emailed to the judicial attorney by the first day of trial, stipulated by the parties 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.
- Deadline
- 7 calendar days
Trial briefs must be submitted to the Court and opposing counsel no later than 7 days before trial.
Parties shall submit trial briefs (bound and tabbed) to the Court and to opposing counsel no later than seven (7) days before trial, unless otherwise ordered by the Court.
- Deadline
- 120 calendar days
Stipulated orders selecting an alternative ADR process must be filed within 120 days of the first responsive pleading.
Stipulated orders must be filed within 120 days of the first responsive pleading.
- Deadline
- 7 calendar days
Case evaluation summaries and supporting documents are due within 7 days of the hearing, and untimely filing subjects the offending attorney or party to a $150.00 penalty.
Submission of summary and supporting documents shall be due within 7 days of the hearing. Failure to timely filed summaries within 7 days subjects offending attorney or party to a $150.00 penalty.
- Deadline
- 24 hours
Summaries filed within 24 hours of the hearing result in an additional $150.00 penalty for the offending attorney or party.
Summaries filed within 24 hours of the hearing subjects the offending attorney or party to an additional $150.00 penalty.
- Deadline
- 60 calendar days
Motions for summary disposition must be heard no later than 60 days before the scheduled trial date.
Motions for Summary Disposition must be filed in accordance with the Court Rules and must be HEARD no later than 60 days prior to the dates set for trial.
Responses (including briefs) and replies to motions for summary disposition must be filed and served in accordance with MCR 2.116(G)(1)(a).
Responses (including briefs) and replies must be filed and served in accordance with MCR 2.116(G)(1)(a).
If the response to a summary disposition motion is not timely filed, the moving party may file an order granting the motion.
IF THE RESPONSE IS NOT TIMELY FILED, the moving party may file an order granting the motion.
- Deadline
- 28 calendar days
Summary disposition motions must be e-filed no later than 28 days after notice of trial unless otherwise ordered.
Time: Must be e-filed no later than 28 days after notice of trial and a minimum of 21 days before the hearing date unless otherwise ordered.
- Deadline
- 120 calendar days
Stipulated orders opting out of case evaluation must be filed within 120 days from the first responsive pleading under MCR 2.403(A)(3).
Opting out of Case Evaluation: Stipulated orders must be filed w/in 120 days from the 1st responsive pleading pursuant to MCR 2.403 (A)(3).
Joint pre-trial orders must be filed in advance of the final pre-trial conference as ordered by the court.
Joint Pre-Trial Orders shall be filed in advance as ordered.
- Deadline
- 21 calendar days
Motions in limine must be filed at least three weeks before trial and will be heard on any Friday prior to trial.
Motions in limine (when heard): Must be filed at least three weeks before trial, and will be heard on any Friday prior to trial.
By 12:00 PM on the Thursday before trial, counsel must deliver two hard copies of joint jury instructions to the courtroom and email a copy to the court clerk.
By 12:00pm Thursday before trial, counsel must deliver two hard copies to courtroom and email a copy to court clerk.
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.
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.
Motions for Summary Disposition must be filed no later than 30 days after the close of discovery.
MOTIONS FOR SUMMARY DISPOSITION SHOULD BE FILED NO LATER THAN 30 DAYS AFTER THE CLOSE OF DISCOVERY
The final joint pretrial order is due one week after the final pretrial conference (unless otherwise ordered) and must be submitted as an order; failure may result in dismissal, default, or sanctions.
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. FAILURE TO SUBMIT THE FINAL JOINT PRETRIAL ORDER MAY RESULT IN A DISMISSAL, ENTRY OF DEFAULT AND/OR SANCTIONS BEING IMPOSED.
The court sets the hearing date via a scheduling order e-filed to parties only after receiving the hard copy of the motion.
The Court will set the date via scheduling order which will be e-filed to parties ONLY upon receipt of the hard copy of the motion.
All motions for summary disposition must be filed before the first scheduled settlement conference.
Please note that all Motions for Summary Disposition MUST be filed prior to the 1st scheduled Settlement Conference.
Responses to motions are due on Wednesday and a hard copy is required.
Response due date: Wednesday. (Hard copy is required.)
The Final Pre-Trial Order is e-filed to counsel of record and is due by 3:00 p.m. on the Friday before the trial date.
The Final Pre-Trial Order will be e-filed to counsel of record and is due the Friday before Trial date by 3:00 p.m.
- Deadline
- 3 business days
Responses to motions are due three business days before the hearing.
Response due date: Three business days prior to the hearing.
- Deadline
- 3 calendar days
Responses are due 3 days prior to the hearing date; late responses may be stricken.
Response due dates: As set forth in MCR 2.119(C)(2), 3 days prior to hearing date. Late responses may be stricken.
- Deadline
- 30 calendar days
Summary disposition motions must be filed within 30 days after case evaluation accept/reject or end of discovery; late motions require leave.
Filing deadline: According to the Status Conference Scheduling Order, the motion must be filed no later than 30 days after the case evaluation accept/reject date. If there is no case evaluation, then the motion must be filed no later than 30 days after the end of discovery. Late motions will be rejected and motion for leave must be filed.
The joint Final Pre-Trial Order must be filed by 3:30 pm on the Friday before trial.
The joint Final Pre-Trial Order must be e-filed no later than 3:30 pm on the Friday prior to trial.
- Deadline
- 0 calendar days
Trial depositions must be completed and purged by the Friday before trial, or the witness must testify in person.
Trial depositions must be complete by the Friday preceding trial and purged. Otherwise, the witness will be required to testify in person.
- Deadline
- 30 calendar days
Summary disposition motions must be filed within 30 days of close of discovery.
Yes; effective March 04, 2025, all motions for summary disposition shall be filed within thirty ('30') days of the close of discovery. See MCR 2.401(B)(2)(a)(ii).
- Deadline
- 2 calendar days
A response to a motion must be received at least two days before the scheduled hearing or it will not be considered.
If a response to a motion is not received within two days of the scheduled motion hearing, it will NOT be considered by the Court.
- Deadline
- 7 calendar days
Hard copies of exhibit and trial briefs must be submitted to the Court no later than one week before trial or evidentiary hearing.
All exhibit and trial briefs must be submitted to the Court as hard copies no later than one week prior to your scheduled trial or evidentiary hearings.
A Praecipe must be submitted for reconsideration motions to set a control date, choosing any Friday date 30 days in the future.
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.
All motions in limine are heard two weeks before trial at the Final Settlement Conference.
All Motions in Limine are to be heard two weeks before Trial at the Final Settlement Conference
Joint Final Pre-Trial Orders are due 32 days before trial.
Joint Final Pre-Trial Orders are due 32 days before trial.
Motion for summary disposition must be filed within 60 days after discovery cutoff.
Filing deadline is within 60 days after discovery cut off.
Summary disposition motions must be heard at least 30 days before trial unless good cause exists.
Motions must be heard 30 days before trial unless there is good cause.
Late motions are rejected; a motion for leave must be filed.
Late motions will be rejected and a motion for leave must be filed.
Response to summary disposition motion is due at least 7 days before the hearing.
Response is due at least 7 days before the hearing (MCR 2.116(G)(1)(a)(ii)).
If a response is not filed, the Court will grant the motion for summary disposition.
If a response is not filed, the Court will grant the motion for summary disposition.
If a response is late, the Court will not consider it.
If a response is late, the Court will not consider the response.
Reply brief must be filed and served at least 4 days before the hearing.
The reply must be filed and served at least 4 days before the hearing (MCR 2.116(G)(1)(a)(iii)).
Hearing on a claim motion must not occur until at least 28 days after service of the pleading stating the claim.
The hearing on a motion brought by a party asserting a claim must not take place until at least 28 days after the opposing party was served with the pleading stating the claim. (MCR 2.116(B)(2)).
Responses for dispositive motions are due 7 days before the hearing.
Responses for dispositive motions are due 7 days before the hearing.
Responses for all other (non-dispositive) motions are due 3 days before the hearing.
Responses for all other motions are due 3 days prior to the hearing date.
If appellate scheduling order is not received within 10 business days from filing the appeal, contact the Court's office.
If the order is not received within (10) business days from the date of filing the appeal, please contact the Court's office.
Oral arguments will not be heard later than six months after the filing date.
Oral arguments will not be heard later than six months after the filing date.
- Deadline
- 10 business days
The return date for the pretrial/settlement/motion hearing must be set within 10 business days after facilitation, with the date obtained from the Court Clerk.
Return date for (obtained from the Court Clerk) Pretrial/Settlement Conference/Motion Hearing, to court within (10) business days after the completion of Facilitation.
Summary disposition hearings are held Monday through Thursday at 9:00 a.m.
Summary disposition hearings are held Monday through Thursday at 9:00 a.m.
Discovery and other non-summary disposition motions are heard remotely on Fridays at 9:00 a.m.
Discovery and other non-summary disposition motions on the docket are heard remotely on Fridays at 9:00 a.m., unless the Court directs otherwise
Appellate oral argument is held Friday mornings at 9:00 a.m., must be requested in the brief, and occurs within 30 days after receipt of briefs.
Oral argument: Held on Friday mornings at 9:00 a.m. Must be requested by a party in the brief. Argument is within 30 days after receipt of briefs.
If the summary disposition scheduling order is not received within 10 days of alerting the clerk, the movant must contact the clerk.
If the scheduling order is not received within 10 days of alerting the clerk of the motion filing, the movant must contact the clerk for the order.
- Deadline
- 10 business days
If the appellate scheduling order is not received within 10 business days of filing the appeal, counsel must contact the Court's office.
If the order is not received within (10) business days from the date of filing the appeal, please contact the Court's office, (313) 224-2447.
Objections are heard at a pretrial conference requested by the objecting party within 2 weeks of filing.
The objections will be heard and addressed at a pretrial conference requested of the Court by the objecting party within (2) weeks of filing.
The Court will not begin examining a summary disposition motion until it has all motions, responses, and materials or the movant advises that no response was filed.
The Court will not begin examination of the motion until it is in possession of all motions, responses and materials, or has been advised by the movant that no response was filed.
Summary disposition motions on lack of jurisdiction, statute of limitations, or other issues requiring no or limited discovery can be heard on an expedited basis by contacting the court clerk.
Expedited Hearing Request; Summary disposition motions on lack of jurisdiction, statute of limitations, etc. which require no, or limited, discovery can be heard on an expedited basis. Please contact the court clerk.
- Deadline
- 3 calendar days
The moving party must submit a praecipe and notice of hearing with the firm date within 3 days of entry of the MSD scheduling order.
The scheduling order will also direct the moving party to submit a praecipe and notice of hearing with the firm date within 3 days of entry of the scheduling order.
Motions affecting the content of the JFPO must be filed and heard before the JFPO is entered, excluding motions in limine.
Motions that affect the content of the JFPO will be filed and heard prior to the entry of the JFPO (excluding motions in limine).
An appeal briefing schedule is issued when the appeal is perfected, i.e., when the lower court file and transcripts have been e-filed and appear in the Register of Actions.
A briefing schedule will be issued when the appeal is perfected: when the lower court file and transcripts have been e-filed and appear in the ROA.
The appeal will be dismissed if not perfected pursuant to MCR 7.103, 7.104, 7.105, or 7.106.
A notice to dismiss the appeal will be served on the moving party if the appeal is not perfected pursuant to the applicable Michigan Court Rule: MCR 7.103, 7.104, 7.105 OR 7.106.
- Deadline
- 14 calendar days
Plaintiff's counsel must initiate a conference with all counsel of record at least 2 weeks before the Case Management Conference.
Counsel for Plaintiff must initiate a conference with all counsel of record at least 2 weeks prior to the CMC for the purpose of preparing the Joint Plan.
All motions, proofs of service, appearances, and notices of hearing must be filed with the clerk's office before sending a Judge's copy to chambers.
Note: File all motions, proofs of service, appearances, notice of hearings, etc. with the clerk’s office prior to sending a Judge’s copy to JudgeCholack-Court@3rdcc.org.
Motions regarding change of school must be filed before April 1 to take effect before the next school year.
Motions Regarding Change of School: Please note these motions must be filed before the first of April if you wish to have the school changed prior to the next school year.
Allow at least 7 days for first class mail and 2 days for overnight express mail to reach the courtroom.
Please leave at least 7 days for first class mail to reach courtroom. Overnight express mail goes to Central Mailing prior to the Circuit Court so 2 days are needed for it to reach the courtroom.
Motions in limine are heard on the first day of trial; notify the court if filed within 7 days of trial.
Unless otherwise directed by court, motions in limine will be heard on the first day of trial. The court should be notified of any motions in limine filed 7 or less days prior to trial.
The timing requirements of MCR 2.116(G) and MCR 2.119(C) are strictly enforced.
The timing requirements set forth in both MCR 2.116(G) and MCR 2.119(C) are strictly enforced.
An untimely written response to a motion may result in the motion being treated as unopposed.
If a written response to a motion is not timely filed as provided, the Court may treat the motion as unopposed.
Summary disposition timing under MCR 2.116(G) is strictly enforced; an untimely opposition may result in the motion being treated as unopposed.
The timing requirements set forth in MCR 2.116(G) are strictly enforced. Failure to file a timely response in opposition may result in the motion being treated as unopposed.
Summary Disposition Scheduling Orders are issued only after the motion has been e-filed and the Praecipe has been accepted.
Summary Disposition Scheduling Orders will only be issued after the motion has been e-filed and the Praecipe has been accepted.
- Deadline
- 1 business days
A praecipe for a motion for reconsideration must select the next business day at 9:00 a.m. as the hearing date.
The moving party must file a praecipe and select the next business day at 9:00 a.m. as the hearing date in order to bring the motion to the Court's attention.
Motions pursuant to MCL 500.3112 are not permitted before disbursement of settlement funds.
Pursuant to the ruling of the Michigan Supreme Court in Covenant Medical Center, Inc. vs. State Farm Mutual Automobile Insurance Company, 500 Mich. 191(2017), Judge Snow no longer permits this type of motion prior to a disbursement of settlement funds.
The ADR process must be completed on or before the scheduled case evaluation date unless an extension has been requested.
The ADR process shall be completed on or before the date scheduled for case evaluation unless an extension has been requested.
Stipulated orders opting out of case evaluation must be filed within 120 days of the first responsive pleading.
Stipulated Orders opting out of case evaluation are to be filed within 120 days of the first responsive pleading.
Stipulated preliminary jury instructions and proposed verdict form are due on the day stated in the final pretrial order and must be emailed to the court and law clerk.
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.
Motions in limine are heard at least ten days before trial, not during Friday motion call; contact the Court Clerk via email for a hearing date.
At least ten days before the Trial date. Please reach out to the Court Clerk via email for assistance with a hearing date. Motions in Limine will not be heard during the regular Friday Motion Call.
All exhibits must be stipulated to by both parties so the Court can rule on objections before trial, by the Friday before trial at the latest.
All exhibits must be stipulated to by both parties for Court to rule on objections prior to Trial. (Friday before Trial at the latest).
- Deadline
- 14 calendar days
Motions in limine are heard at least 2 weeks before the trial date.
Motions in limine (when heard): At least 2 weeks prior to the trial date.
- Deadline
- 21 calendar days
Proposed stipulated orders removing a case from Case Evaluation must be submitted at least 21 days before the scheduled evaluation.
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
Timing requirements under MCR 2.116(G) and 2.119(C) are strictly enforced.
The timing requirements set forth in both MCR 2.116(G) and MCR 2.119(C) are strictly enforced.
Untimely responses may cause the motion to be treated as unopposed.
If a written response to a motion is not timely filed as provided, the Court may treat the motion as unopposed.
- Deadline
- 3 calendar days
Reply briefs must be filed at least 3 days before the hearing.
Replies must be filed and served at least 3 days prior to a hearing.
MCR 2.116(G) timing requirements strictly enforced; untimely response may make motion unopposed.
The timing requirements set forth in MCR 2.116(G) are strictly enforced. Failure to file a timely response in opposition may result in the motion being treated as unopposed.
When a TRO is granted, the Court will provide a court date within 14 days.
When the Court grants a Temporary Restraining Order, the Court will provide a court date within 14 days
Oral arguments are scheduled if requested in briefing, generally 21 days after receipt of the Appellee's brief.
Oral arguments: Scheduled if requested by either party in their briefing. Generally scheduled 21 days after receipt of the Appellee’s brief.
Motion call is held on Fridays at 9:00 a.m.
Motion Call: Friday at 9AM
- Deadline
- 48 hours
The Court issues orders on motions submitted without oral argument no later than 48 hours after the hearing.
The Court will issue orders on motions scheduled without oral argument no later than 48 hours after the hearing.
Oral arguments in appeals are scheduled approximately 7 to 21 days after the appellant's reply brief deadline.
Oral arguments: Will be scheduled by the Court approximately 7 to 21 days after Appellant’s deadline to file their Reply Brief.
Orders e-filed on the day the motion was heard are considered presented to the Court under MCR 2.602(B)(1); all other orders must be submitted as otherwise permitted in MCR 2.602.
Orders submitted through e-filing on the day the motion was heard will be considered as having been presented to the Court pursuant to MCR 2.602(B)(1).All other orders must be submitted as otherwise permitted in MCR 2.602.
Parties may (and are encouraged to) submit proposed voir dire questions to the Court no later than the date of the pre-trial conference.
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.
Parties may e-file an order the same day or once it is approved as to form and signed by all parties under the 7-day rule (MCR 2.602(B)).
Parties may e-file order on the same day or when order is approved as to form and signed by all parties under 7 day rule. MCR 2.602(B).
When is a filing treated as filed in Third Judicial Circuit Court of Michigan?
The rule addresses filing timing, filing status, or cure windows. Stipulated orders selecting an alternative ADR process must be filed within 120 days of the first responsive pleading.
When is a filing treated as filed in Third Judicial Circuit Court of Michigan?
The rule addresses filing timing, filing status, or cure windows. Motions for summary disposition must be heard no later than 60 days before the scheduled trial date.
When is a filing treated as filed in Third Judicial Circuit Court of Michigan?
The rule addresses filing timing, filing status, or cure windows. Motions for Summary Disposition must be filed within 30 days after the close of discovery.
Related categories
Back to all rules for this courtPage & Word Limits
Maximum page counts and word limits for motions, briefs, and other filings by judge.
Courtesy Copy Requirements
When and how to deliver courtesy copies to chambers, including triggers, timing, and formatting.
Electronic Filing Rules
Electronic filing requirements, permitted filing channels, EFSP portals, and exceptions.
Service and Proof of Service Rules
E-service, mail, personal service, proof of service, certificate, and timing requirements.