Third Judicial Circuit Court of Michigan Filing Timing and Cure Windows

CRITICALCivil cases

A summary disposition motion must be heard no later than 60 days before the 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.

CRITICALCivil cases

ADR must be completed by 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.

CRITICALCivil cases

Summaries and supporting documents are due within 7 days of the hearing.

Submission of summary and supporting documents shall be due within 7 days of the hearing.

CRITICAL

A summary disposition motion must be filed at least 21 days before the hearing unless the court orders otherwise.

a minimum of 21 days before the hearing date unless otherwise ordered.

CRITICAL

Motions in limine must be filed at least three weeks before trial and will be heard on a Friday before 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.

CRITICAL

A summary disposition motion must be electronically filed no later than 28 days after notice of trial.

Must be e-filed no later than 28 days after notice of trial

CRITICAL

A stipulated order opting out of case evaluation must be filed within 120 days from the first responsive pleading.

Stipulated orders must be filed w/in 120 days from the 1st responsive pleading pursuant to MCR 2.403 (A)(3).

CRITICALCivil cases

Unless the court indicates otherwise, the Final Joint Pretrial Order is due one week after the Final Pretrial Conference and must be prepared and submitted as an order.

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.

CRITICALCivil cases

Motions for Summary Disposition should be filed no later than 30 days after discovery closes.

MOTIONS FOR SUMMARY DISPOSITION SHOULD BE FILED NO LATER THAN 30 DAYS AFTER THE CLOSE OF DISCOVERY

CRITICALCivil cases

A stipulated order 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.

CRITICALCriminal cases

The deadline for a Cobbs Evaluation request is the Filing Deadline indicated on the Calendar Conference Form.

The deadline for any such request will correspond with the Filing Deadline as indicated on the Calendar Conference Form.

CRITICALCivil cases

A motion requesting removal of a case from court-ordered Case Evaluation must be timely filed.

A motion must be timely filed to request this relief.

CRITICALCivil cases

Responses are due Wednesday.

Wednesday.

CRITICALCivil cases

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.

CRITICAL

Motions in limine are heard at least two weeks before the trial date.

At least 2 weeks prior to the trial date.

CRITICAL

Deadline

3 business days

Responses are due three business days before the hearing.

Three business days prior to the hearing.

CRITICAL

The trial brief’s Judge’s copy is due at least seven days before the scheduled trial date.

A Judge’s copy of the trial brief must be emailed to the courtroom email (JudgeDabaja-Court@3rdcc.org) at least 7 days before the scheduled trial date.

CRITICALCivil cases

The moving party must submit a praecipe with a placeholder Thursday hearing date at least 42 days after the motion filing date.

Moving party to submit motion through efiling and submit the praecipe with a "placeholder" hearing date on a Thursday at 9:30 am, at least 42 days after the motion filing date.

CRITICALCivil cases

Responses are due three days before the hearing date, as provided in MCR 2.119(C)(2).

Response due dates: As set forth in MCR 2.119(C)(2), 3 days prior to hearing date.

CRITICALCivil cases

Objections to an expert’s qualifications or testimony must be raised before trial by motion in limine.

Any objections to the qualifications or testimony of any expert shall be raised before trial by motion in limine.

CRITICALCivil cases

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.

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.

CRITICAL

Dispositive motions must be filed within 30 days after discovery closes or they are deemed waived.

All dispositive motions shall be filed with the Court no later than 30 days following the close of discovery (date of discovery cut-off must be specified) or shall be deemed waived; and

CRITICAL

If the mediator will issue an award, it must be issued within 14 days of mediation, and the acceptance or rejection period runs for 28 days from the award date by email to the facilitator or evaluator.

If the mediator will be issuing an award, it must be issued within fourteen (14) days of mediation (date must be specified), and the date of acceptance/rejection period is twenty-eight (28) days from date of award via email to the facilitator/evaluator (again, date must be specified - THIS LANGUAGE IS NOT NECESSARY IF FACILITATOR IS NOT ISSUING AN AWARD);

CRITICAL

The facilitator must file the Mediation Status Report within seven days after facilitation, and the plaintiffs must ensure it is electronically filed and served.

Facilitator shall file Mediation Status Report (SCAO form MC280) within seven (7) days of completing facilitation (date must be specified) and Plaintiff(s) are responsible for ensuring such report is electronically filed and served; and

CRITICAL

Replies must be filed and served at least three days before the hearing.

Replies must be filed and served at least 3 days prior to a hearing.

CRITICAL

Yes; however, Judge Wanda A. Evans requires that all proposed stipulated orders removing a case from Case Evaluation in favor of private facilitation should be submitted at least twenty-one ('21') days before a currently scheduled Case Evaluation, and must also explicitly state each of the following, and as numbered (1-9) below:

Yes; however, Judge Wanda A. Evans requires that all proposed stipulated orders removing a case from Case Evaluation in favor of private facilitation should be submitted at least twenty-one ('21') days before a currently scheduled Case Evaluation, and must also explicitly state each of the following, and as numbered (1-9) below:

CRITICAL

Summary-disposition motions must be filed within 30 days after discovery closes.

Yes; 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).

CRITICAL

A motion response not received within two days of the scheduled hearing 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.

CRITICAL

Submit hard copies of exhibit and trial briefs no later than one week before the scheduled 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.

WARNINGCivil cases

Deadline

10 business days

If the Appellate Scheduling Order is not received within ten business days after 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.

WARNINGCivil cases

An initial summons expires 90 days after issuance; a second summons for an additional 90 days will issue upon submission of an order without a motion.

An initial summons expires 90days from issuance, and a second summons for an additional 90 days will be issued on submission of order without motion.

WARNINGCivil cases

Appellate oral argument will occur within 30 days after the briefs are received.

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.

WARNING

Proofs of service should be filed at or before taking a default judgment.

Proofs of service should be filed at the time of or before taking a Default Judgment, MCR 2.603.

WARNINGCivil cases

Appear 15 minutes before the scheduled hearing to attempt to resolve motions in limine before going on the record.

Please be prepared to appear 15 minutes prior to your scheduled date and time for your hearing to attempt to resolve any motions in limine before going on the record with Judge Elder.

WARNING

Settlement conferences are scheduled 42 days after case evaluation, on Thursday at 9:15 a.m.

Settlement conferences are scheduled 42 days after case evaluation on Thursday at 9:15 am.

WARNING

After the judge rules on a motion, make every effort to enter the order promptly under MCR 2.602(B).

Once the Judge rules on your Motion, make every effort to enter your Order promptly following the provisions of MCR 2.602(B).

WARNING

Unless the court directs otherwise, motions in limine will be heard on the first day of trial.

Unless otherwise directed by court, motions in limine will be heard on the first day of trial.

WARNING

The court’s internal policy calls for all appeals to be resolved within six months of filing.

All appeals must be resolved within 6 months of filing according to the Court's internal policy guidelines.

WARNING

Appeal oral argument will be 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.

WARNINGCivil cases

The settlement conference is scheduled 42 days after case evaluation.

The Settlement Conference is scheduled 42 days after case evaluation.

WARNING

Do not wait until the end of the applicable expiration period to seek alternate service or a second summons.

DO NOT WAIT UNTIL THE VERY END OF EXPIRATION TO SEEK ALTERNATE SERVICE/A SECOND SUMMONS.

WARNING

The court may treat a motion as unopposed if a written response is not timely filed.

If a written response to a motion is not timely filed as provided, the Court may treat the motion as unopposed.

WARNINGCivil cases

An untimely response will result in the motion being treated as unopposed, and oral argument may not be permitted.

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.

WARNING

Facilitation must be completed by the case-evaluation date unless a motion for extension is filed.

The facilitation must be completed by date case evaluation was set unless a motion for extension was filed.

WARNINGCivil cases

The court may strike late responses.

Late responses may be stricken.