Court Rules

Third Judicial Circuit Court of Michigan Filing Timing and Cure Windows

201 rules from official source documents

Rules 1 to 50, page 1 of 5

Filing cutoffs, deemed-filed rules, rejection handling, cure periods, and outage procedures.

Cutoffs and deemed-filed rules

CRITICALCivil cases

Proposed orders must not be filed until after the hearing.

Please do not file the proposed Orders until after your Hearing.

Judge Adel A. Harb

CRITICALCivil cases

Do not file a Notice of Hearing until the processed Praecipe provides the actual hearing 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.

Judge Adel A. Harb

CRITICALCivil cases

File the Praecipe with the requested hearing date after the motion appears in the Register of Actions.

When the Motion appears in the Register of Actions, file the Praecipe with your requested date.

Judge Adel A. Harb

CRITICALCivil cases

Submit a Praecipe so the Clerk can set a control date, using a Friday date at least 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.

Judge Adel A. Harb

CRITICALCivil cases

After a summary-disposition motion appears in the Register of Actions, file a Praecipe requesting a Monday-through-Thursday hearing date at 10:00 a.m. at least 30 days out.

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.

Judge Adel A. Harb

CRITICALCivil cases

Responses and replies are due by 4:30 PM on their due date.

All due dates for responses or replies are due by close of business (4:30 PM) on the due date.

Judge Charlene M. Elder

CRITICALCivil cases

A motion hearing is not scheduled or placed on the docket until the praecipe is accepted and returned with the hearing date and time; a submission confirmation is not acceptance.

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.

Judge Charlene M. Elder

CRITICALCivil cases

After the motion is accepted, submit a praecipe with a proposed date; if that date is full, the Clerk will move it to the next available motion date.

Once the motion has been accepted by the clerk’s office, submit a praecipe with your proposed date. If that date has reached capacity, the Court clerk will change the date to our next available motion date.

Judge Charlene M. Elder

CRITICALCivil cases

The moving party must file a praecipe when filing a motion for reconsideration to notify the court that the motion was filed.

At the time of filing the motion, the moving party must file a praecipe for the sole purpose of letting the court know that the motion has been filed.

Judge Dana M. Hathaway

CRITICALCivil cases

The moving party must ensure the praecipe is accepted and the motion is scheduled; an unaccepted praecipe means the motion will not be heard on the stated date.

The court doesn't receive notice of any pleadings which require a hearing until the praecipe has been accepted and the motion scheduled. It is the moving parties responsibility to ensure that the praecipe has been accepted by the court clerk. If the praecipe has not been accepted then it wasn't scheduled properly and the motion will not be heard on the date provided.

Judge Dana M. Hathaway

CRITICAL

File motions, proofs of service, appearances, notices of hearings, and similar documents with the clerk before sending a Judge’s copy.

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.

Judge Eric W. Cholack

CRITICAL

The e-praecipe for a motion for reconsideration must be filed at the same time as the motion and set three weeks out.

The moving party must e-file an e-praecipe at the same time the motion is filed set for 3 weeks out.

Judge John H. Gillis Jr.

CRITICALCivil cases

An order submitted through e-filing on the day of the motion hearing is considered presented to the Court that day.

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).

Judge Martha M. Snow

CRITICALCivil cases

The Final Pre-Trial Order is due by 3:00 p.m. on the Friday before the trial date.

the Final Pre-Trial Order is due the Friday before Trial date by 3:00 p.m.

Judge Sheila Ann Gibson

CRITICALCivil cases

The joint final pretrial order is due by 3:30 p.m. 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.

Judge Susan L. Hubbard

CRITICALCivil cases

Late motions will be rejected and motion for leave must be filed. Otherwise, a motion for leave is required.

Late motions will be rejected and motion for leave must be filed. Otherwise, a motion for leave is required.

Judge Susan L. Hubbard

WARNING

General non-summary-disposition motions may be noticed for a Friday 9:00 a.m. Zoom hearing, with a praecipe submitted after the filing is entered by the Clerk’s Office.

*NEXT AVAILABLE GENERAL CIVIL MOTION DATES FOR JUDGE WANDA A. EVANS: ALL GENERAL (non-summary disposition) MOTIONS MAY ALWAYS BE NOTICED FOR A HEARING ON ANY BUSINESS FRIDAY AT 09:00 AM VIA ZOOM, WITH PRAECIPE SUBMITTED FOR THE SAME AFTER THE FILING IS ENTERED BY THE CLERK'S OFFICE.

Judge Wanda A. Evans

Filing deadlines

CRITICALCivil cases

If the case settles, the parties must submit a stipulated closing order or judgment by the earlier of 21 days after mediation or the trial date.

If the case settled, the parties shall submit a stipulated order or judgment closing the case within twenty-one (21) days of the mediation or on or prior to the trial date, whichever comes first.

Court-level rulesOfficial source

CRITICAL

Parties must file the mediation stipulation and order within 10 days after agreeing to mediate.

Parties stipulating to mediation must notify the Court and the ADR Clerk by filing the stipulation and order to mediate the case, containing the name of the mediator selected and the date of the mediation, within 10 days after reaching an agreement to mediate the case.

Court-level rulesOfficial source

CRITICAL

The mediator must submit a report to the MTA within 7 days after mediation concludes.

Within 7 days after the conclusion of the mediation, the mediator must submit a report to the MTA stating: (1) the date the process was completed; (2) the names of the participants; (3) whether settlement was reached; and (4) whether further proceedings are contemplated.

Court-level rulesOfficial source

CRITICAL

A mediator must seek reconsideration of a removal decision within 21 days of notification.

Within 21 days of notification of the decision to remove a mediator from the list, the mediator must seek reconsideration of the ADR Clerk's decision by the Presiding Judge of the Family Division.

Court-level rulesOfficial source

CRITICAL

A party may move to set aside or modify an ADR referral order within 14 days after its entry.

Within 14 days after entry of an order referring a case to an ADR process, a party may move to set aside or modify the order.

Court-level rulesOfficial source

CRITICAL

Court-ordered mediation must take place within the time specified in the order.

If the Court orders mediation, the mediation proceeding must take place within the time specified in the court order.

Court-level rulesOfficial source

CRITICAL

An applicant must seek reconsideration of a rejection by submitting a written appeal to the ADR Clerk within 21 days of notification.

Within 21 days of notification of the decision to reject an application, the applicant must seek reconsideration of the Domestic Relations Mediation Review Committee's decision by submitting a written appeal to the ADR Clerk.

Court-level rulesOfficial source

CRITICAL

An applicant may appeal a denial of appointment by submitting a written appeal to the ADR Clerk within 21 days after the denial notice.

Applicants may appeal a denial of appointment by submitting a written appeal to the ADR Clerk within twenty-one (21) days from the notice declining their appointment.

Court-level rulesOfficial source

CRITICAL

A party may move to set aside or modify a mediation referral order within 14 days after its entry.

Within 14 days after entry of an order referring a case to mediation, a party may move to set aside or modify the order.

Court-level rulesOfficial source

CRITICAL

A motion objecting to an ADR referral will be set for hearing within 14 days after filing, unless the Court orders otherwise.

The motion will be set for hearing within 14 days after it is filed unless the Court orders otherwise.

Court-level rulesOfficial source

CRITICAL

A timely motion objecting to an ADR referral must be decided before the case enters the ADR process.

A timely motion must be decided before the case is submitted to the ADR process.

Court-level rulesOfficial source

CRITICAL

A timely motion objecting to mediation must be decided before the case is submitted to mediation.

A timely motion must be decided before the case is submitted to mediation.

Court-level rulesOfficial source

CRITICAL

The mediator must advise the court within 7 days after mediation ends and provide only the specified process and outcome information.

Within 7 days of the completion of mediation, the mediator shall so advise the court, stating only the date of completion of the process, who participated in the mediation, whether settlement was reached, and whether further ADR proceedings are contemplated.

Court-level rulesOfficial source

CRITICAL

If mediation results in settlement, the attorneys must submit documents to conclude the case to the assigned judge within 21 days of settlement.

If the matter is settled through mediation, the attorneys will prepare and submit appropriate documents to the assigned judge within 21 days of settlement, to conclude the case.

Court-level rulesOfficial source

CRITICAL

Appeals from the decisions of the Presiding Judge of the Civil Division may be made to the Chief Judge by mailing an appeal to the ADR Clerk within twenty-one (21) days from the notice declining appointment.

Appeals from the decisions of the Presiding Judge of the Civil Division may be made to the Chief Judge by mailing an appeal to the ADR Clerk within twenty-one (21) days from the notice declining appointment.

Court-level rulesOfficial source

CRITICAL

The Mediation Tribunal Association must file a new fee-collection complaint at least once each year.

From time to time, but not less than once each year, the Mediation Tribunal Association shall file a new complaint assigned to the Chief Judge entitled, In the Matter of the Petition of the Mediation Tribunal Association for the Collection of Case Evaluation Fees, Circuit Court Case No. _______PZ, seeking an Order to Show Cause Why a Judgment Should Not Enter (the Order) to attorneys and/or parties (the affected person) who have not paid case evaluation fees under MCR 2.403(H) and (I) requiring the affected person to appear before the Chief Judge, not less than 14 days after the mailing of the Order, and show cause why a money judgment should not be entered against an affected person in the amount of the outstanding case evaluation fees and any court costs incurred.

Court-level rulesOfficial source

CRITICALCivil cases

File summary-disposition motions before case evaluation; if case evaluation is waived, file by the last day of the month in which Track Two case evaluation would have occurred.

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.

Judge Adel A. Harb

CRITICALCivil cases

Motions in limine must be filed at least three weeks before 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.

Judge Adel A. Harb

CRITICALCivil cases

The joint trial brief is due three “works” before trial, as stated in the Trial Order.

Joint Trial Brief: Due three works prior the Trial (see Trial Order)

Judge Adel A. Harb

CRITICALCivil cases

Deadline
3 business days

Reply briefs to motions in limine are due three business days before the pre-trial.

Reply Briefs will be due 3 business days before the Pre-Trial.

Judge Adel A. Harb

CRITICALCivil cases

Responses are due three days before the scheduled hearing, as illustrated by a Monday response deadline for a Thursday hearing.

Responses are due 3 days ahead of schedule (Ex: Monday before Thursday hearing)

Judge Adel A. Harb

CRITICALCivil cases

Response briefs to motions in limine are due one week before the pre-trial.

Response Briefs will be due 1 week before the Pre-Trial.

Judge Adel A. Harb

CRITICALCivil cases

Within 56 days, the Court Reporter must submit the lower-court transcript to counsel, and it must be electronically filed with the Clerk's Office and emailed to the Court.

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

Judge Adel A. Harb

CRITICALCivil cases

The Court must receive a hard copy of a summary-disposition motion with exhibits at least three days before the hearing or it will dismiss the motion.

IF THE COURT DOES NOT RECIEVE A HARD COPY OF THE MOTION WITH EXHIBITS ATTACHED AT LEAST THREE DAYS BEFORE THE HEARING, THE COURT WILL DISMISS THE MOTION. NO EXCEPTIONS.

Judge Annette J. Berry

CRITICALCivil cases

A summary-disposition motion must be filed within 60 days after the discovery cutoff.

Filing deadline is within 60 days after discovery cut off.

Judge Annette J. Berry

CRITICALCivil cases

A hard copy of the motion must be sent to the Court a week before the hearing date.

A hard copy of the motion must be sent to the Court a week before the hearing date.

Judge Annette J. Berry

CRITICALCivil cases

A response to a summary-disposition motion is due at least seven days before the hearing.

Response is due at least 7 days before the hearing (MCR 2.116(G)(1)(a)(ii)).

Judge Annette J. Berry

CRITICALCivil cases

The Court will not consider a late response to a summary-disposition motion.

If a response is late, the Court will not consider the response.

Judge Annette J. Berry

CRITICALCivil cases

Responses to dispositive motions are due seven days before the hearing.

Responses for dispositive motions are due 7 days before the hearing.

Judge Annette J. Berry

CRITICALCivil cases

Summary-disposition motions must be heard 30 days before trial unless there is good cause.

Motions must be heard 30 days before trial unless there is good cause.

Judge Annette J. Berry

CRITICALCivil cases

Motions in limine must be filed within 60 days after discovery closes.

Motions in limine MUST be filed within 60 days after the close of discovery.

Judge Annette J. Berry

CRITICALCivil cases

A summary-disposition reply must be filed at least four 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)).

Judge Annette J. Berry

CRITICALCivil cases

A hearing on a motion by a party asserting a claim must occur no earlier than 28 days after the opposing party was served with the pleading stating that 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)).

Judge Annette J. Berry
Common questions about Third Judicial Circuit Court of Michigan filing timing and cure windows rules

What filing deadlines does Third Judicial Circuit Court of Michigan set?

Third Judicial Circuit Court of Michigan: If the case settles, the parties must submit a stipulated closing order or judgment by the earlier of 21 days after mediation or the trial date.

View ruleOfficial source Source: page 4, section 10. Reports and Further Proceedings

Judge Muriel D. Hughes: Counsel must deliver two hard copies of the jury verdict form to the court and email a copy to the judicial attorney by the first day of trial.

View ruleOfficial source Source: page 1, section Trial

Judge Susan A. Dabaja: Motions in limine are heard at least two weeks before the trial date.

View ruleOfficial source Source: page 1, section Trial Practice

175 more rules answer this question.

When is a filing treated as filed in Third Judicial Circuit Court of Michigan?

Judge Susan L. Hubbard: The rule states a 3:30 pm filing cutoff. The joint final pretrial order is due by 3:30 p.m. on the Friday before trial.

View ruleOfficial source Source: page 1, section VII. FINAL PRETRIAL CONFERENCE AND JOINT PRETRIAL ORDER

Judge Charlene M. Elder: The rule states a 4:30 PM filing cutoff. Responses and replies are due by 4:30 PM on their due date.

View ruleOfficial source Source: page 1, section OTHER MOTION PRACTICE INFORMATION

Judge Sheila Ann Gibson: The rule states a 3:00 p.m. filing cutoff. The Final Pre-Trial Order is due by 3:00 p.m. on the Friday before the trial date.

View ruleOfficial source Source: page 1, section Final Pre-Trial Conferences

14 more rules answer this question.

What filing deadlines apply to joint final pretrial order filings in Third Judicial Circuit Court of Michigan?

Judge Dana M. Hathaway: The JFPTO must be filed by the applicable deadline.

View ruleOfficial source Source: page 1, section FINAL PRE-TRIAL CONFERENCES AND TRIAL

What filing deadlines apply to exhibits and trial brief filings in Third Judicial Circuit Court of Michigan?

Judge Yvonna C. Abraham: Submit hard copies of exhibit and trial briefs no later than one week before the scheduled trial or evidentiary hearing.

View ruleOfficial source Source: page 1, section TRIALS AND EVIDENTIARY HEARINGS

What filing deadlines apply to interpreter request filings in Third Judicial Circuit Court of Michigan?

Judge Lawrence Elassal: Interpreter requests must be emailed to the Court at least 7 days before the scheduled hearing.

View ruleOfficial source Source: page 1, section INTERPRETER REQUESTS

What filing deadlines apply to response to motion filings in Third Judicial Circuit Court of Michigan?

Judge Lawrence Elassal: Responses to motions must be filed with the Clerk’s Office and emailed to the Courtroom at least 48 hours before the hearing.

View ruleOfficial source Source: page 1, section MOTION PRACTICE