Third Judicial Circuit Court of Michigan Filing Timing and Cure Windows

CRITICALCivil cases

Joint Final Pre-Trial Orders are due 32 days before trial.

Yes. Joint Final Pre-Trial Orders are due 32 days before trial.

CRITICALCivil cases

Responses to all other motions are due three days before the hearing.

Responses for all other motions are due 3 days prior to the hearing date.

CRITICALCivil cases

Motions may not be made on the day of trial.

8. NO MOTIONS ON THE DAY OF TRIAL.

CRITICALCivil cases

Final facilitation must be scheduled within 42 days of Case Evaluation.

Final facilitation must be scheduled to occur within 42 days of Case Evaluation.

CRITICALCivil cases

The objecting party must request a pretrial conference within two weeks after filing the objections.

6. The objections will be heard and addressed at a pretrial conference requested of the Court by the objecting party within (2) weeks of filing.

CRITICALCivil cases

The response to a summary-disposition motion is due 21 days after the scheduling order.

B. Response to the Motion for Summary Disposition is due (21) days from this Order.

CRITICALCivil cases

Responses under MCR 2.119(2)(a) are due no later than Wednesday morning when the hearing is Friday.

Responses, pursuant to MCR 2.119(2)(a), are due no later than Wednesday morning for a Friday hearing.

CRITICALCivil cases

A summary-disposition reply brief is due seven days after the response is filed with the Court.

C. Reply brief. 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.

CRITICALCivil cases

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

CRITICALCivil cases

All motions in limine must be scheduled at least one month before trial.

7. All motions in limine must be scheduled at least (1) month in advance of trial.

CRITICALCivil cases

For cases with a discovery cutoff on or before December 31, 2024, file dispositive motions within 90 days after discovery closes 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

CRITICALCivil cases

Responses are due three days before the scheduled hearing.

Responses are due 3 days ahead of scheduled hearing date

CRITICALCivil cases

The moving party must submit a praecipe and notice of hearing stating the firm date within three days after the scheduling order is entered.

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.

CRITICALCivil cases

The joint final pretrial order is due five weeks before trial.

JOINT final pretrial order: Due 5 weeks before trial

CRITICALCivil cases

The lower-court transcript must be submitted to counsel and electronically filed with the Clerk and emailed to the Court within 56 days; failure to file it on time 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 JudgeElder-Court@3rdcc.org Failure to timely file a transcript will result in dismissal to the appeal

CRITICALCivil cases

For cases with a discovery cutoff on or after January 1, 2025, file dispositive motions within 60 days after discovery closes or they 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.

CRITICALCivil cases

If a dispositive-motion scheduling request is untimely, the moving party must file a motion for leave to file a late request; the clerk will provide the next available hearing date.

If the request is untimely, a motion for leave to file a late request must be filed and the court clerk will provide the next available hearing date.

CRITICALCivil cases

The JFPTO must be filed by the applicable deadline.

The JFPTO must be timely filed.

CRITICALCivil cases

Proof of service of process must be on file or appear in the Register of Actions by the scheduled status conference; otherwise the case will be administratively closed for lack of service.

Please take notice that if the proof of service of process has not been e-filed and/or appear in the Register of Actions by the date and time set for the status conference, the case will be administratively closed by the county clerk's office for lack of service.

CRITICALCivil cases

Motions, responses, and replies must be filed on time under the applicable Michigan Court Rules.

All motions, responses and reply's must be timely filed pursuant to the applicable Michigan Court Rules.

CRITICALCivil cases

Dispositive motions must be scheduled within 30 days after case evaluation or the first facilitation, whichever occurs 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.

CRITICALCivil cases

The 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.

CRITICALCivil cases

Specific objections to the Protocol must be filed before the Case Management Conference to prevent its adoption without objection.

unless specific objections are filed by either party prior to the Case Management Conference.

CRITICALCivil cases

The Joint Case Management Plan must be e-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.

CRITICALCivil cases

In Business Court cases, parties must request the summary-disposition scheduling order within 30 days after discovery closes.

FOR BUSINESS COURT CASES, PARTIES MUST REQUEST A SCHEDULING ORDER WITHIN 30 DAYS AFTER THE CLOSE OF DISCOVERY.

CRITICALCivil cases

Witness lists must be exchanged and filed with the Court at least 60 days before discovery closes.

Witness lists must be exchanged and filed with the Court at least 60 days prior to the close of discovery.

CRITICALCivil cases

Any specific objection to adoption of the attached protocol must be filed before the Case Management Conference.

Judge Allen’s Business Court Case Management Protocol, attached, shall be adopted as a Court Order by the Court for the governance of all cases assigned to the business court docket unless specific objections are filed by either party prior to the Case Management Conference.

CRITICALCivil cases

The moving party must request the summary-disposition scheduling order before the date initially set for case evaluation.

THE MOVING PARTY MUST REQUEST THE SCHEDULING ORDER PRIOR TO THE DATE INITIALLY SET FOR CASE EVALUATION.

CRITICALCivil cases

The parties must make the specified 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.

CRITICALCivil cases

All dispositive motions must be filed by the date designated in the scheduling order.

All Dispositive Motions must be filed by the following date of

CRITICALCivil cases

At least 2 weeks prior to the conference, all counsel are expected to confer regarding the following (listed below). 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.

At least 2 weeks prior to the conference, all counsel are expected to confer regarding the following (listed below). 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.

CRITICALCivil cases

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.

CRITICALCivil cases

The Defendant must make its testimonial expert disclosures within 21 days after receiving the 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.

CRITICALCriminal cases

Motions in limine must be filed one week before the final conference.

Do you allow Motions in Limine? Yes If so, when must such a motion be filed? One week before the Final Conference

CRITICAL

The Court will not entertain an MSD filed more than 30 days after case evaluation without prior permission.

Judge Ewell does not entertain MSD’s which are filed more than 30 days after case evaluation without prior permission of the Court.

CRITICAL

Responses to non-summary-disposition motions are due five days before the hearing; a response not filed as required may result 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.

CRITICAL

The joint final pretrial order is due seven days before trial unless the Court sets another deadline.

A joint Final Pre-Trial order must be e-filed seven (7) days prior to trial or as determined by the Court.

CRITICAL

Motions in limine and responses must be filed according to the timeframes in 2.119.

File your Motions in Limine and the Responses using the timeframes in 2.119.

CRITICALCivil cases

Confidential exhibits and GAL reports must be submitted to the Court no later than 7 days before the hearing.

Confidential Exhibits- Any Confidential Exhibits and GAL Reports are to be submitted to the Court no later than 7 days prior to the hearing date.

CRITICALCivil cases

Motions in limine must be filed 30 days before the trial date.

All Motions in Limine must be filed 30 days prior to trial date.

CRITICALCivil cases

Motions for summary disposition must be filed within 30 days after discovery closes.

All Motions for Summary Disposition shall be filed within 30 days after close of discovery.

CRITICAL

Parties and counsel must comply with all dates set in the Final Pretrial Order.

All dates are given in advance in a Final Pretrial Order. Parties and counsel are to comply with all dates set in the order.

CRITICAL

Submit all responses and exhibits at least two weeks before the hearing.

Responses and Exhibits: Please submit ALL Responses and Exhibits at least two weeks prior to the hearing.

CRITICAL

File a motion to change schools before April 1 to have the change 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.

CRITICAL

Deadline

3 business days

Responses are generally due three business days before the hearing.

Generally, three (3) business days prior to hearing.

CRITICAL

Witness lists must be exchanged at least 14 days before trial unless the Trial Scheduling Order provides otherwise.

Witness lists must be exchanged no later than 14 days before the trial unless the Trial Scheduling Order indicates otherwise.

CRITICAL

Motions in limine must be heard at least two weeks before trial unless the Trial Scheduling Order provides otherwise.

Must be heard at least 2 weeks prior to the trial date, unless a Trial Scheduling Order indicates otherwise.

CRITICAL

Witness lists and exhibit lists must be exchanged at least 14 days before trial unless the Trial Scheduling Order provides otherwise.

The parties are to exchange witness lists and exhibit lists no later than 14 days before the trial unless the Trial Scheduling Order indicates otherwise.

CRITICAL

Trial briefs are due one week before trial unless the Trial Scheduling Order provides otherwise.

Trial briefs are due one week in advance of trial, unless a Trial Scheduling Order indicates otherwise.

CRITICAL

Responses must be filed and the judge’s paper copy received no later than the Tuesday before the hearing, unless the court directs otherwise.

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.