Judge Wanda A. Evans
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
Adjournments
- Stipulations may adjourn scheduling order dates to Track #2; beyond that, a motion and hearing are required.
- Parties may always stipulate to extend discovery to the date of case evaluation.
- Substitution of counsel is not a valid ground for adjournment absent exceptional circumstances.
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Request must include
Communication
Chambers
Page & Word Limits1 rule
Reply briefs are limited to 10 pages, excluding attachments and exhibits.
Reply briefs are permitted, but must be no longer than 10 pages, exclusive of attachments/exhibits.
Reply Brief
10 pages
Document Format Requirements1 rule
MCR 2.119(A)(2) form and typography requirements are strictly enforced.
MCR 2.119(A)(2) is also strictly enforced as written as to form and typography.
Document Filing Requirements18 rules
Responses must be in separately numbered paragraphs responding to each motion paragraph; responsive briefs required.
All responses SHALL likewise be set forth in separately numbered paragraphs, fully and fairly responding to each corresponding paragraph of the motion. Responsive briefs are likewise required in accordance with MCR 2.119(A)(2).
Document Type
Opposition
Motions must contain full arguments in numbered paragraphs; briefs are required to elaborate.
The substance of all arguments MUST be set forth through these separately numbered paragraphs, within the motion itself. Briefs are required in accordance with MCR 2.119(A)(2), and should elaborate/expand on the substantive argument(s) already set forth in the motion.
Document Type
Motion
Proposed stipulated orders removing from case evaluation must include nine specific provisions.
must also explicitly state each of the following, and as numbered (1-9) below: Name of the mediator/facilitator, date of mediation/facilitation, and that it may not be adjourned without order of Court; and 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 Whether facilitator will act as a one-person evaluation panel and place an award on the case in the event the case does not resolve at facilitation; and 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); and If the facilitator makes any recommendation(s), that such recommendation(s) must be responded to in writing to the facilitator prior to the settlement conference date set forth below; and The order must include a blank line for the Court to fill in a new settlement conference date, and must state that all counsel and all clients and representatives with full settlement authority are required to attend the settlement conference in person at 09:45 AM; and 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 All parties are responsible for any costs associated with adjourning or removing the case from Case Evaluation; and Failure to comply with the terms of this order may result in sanctions, potentially including: claim/defense preclusion, costs, attorney fees, dismissal and/or default.
Document Type
Proposed Stipulated Order
Responses to summary disposition motions must be in numbered paragraphs and fully respond; failure may render motion unopposed.
All responses to motions for summary disposition SHALL likewise be set forth in separately numbered paragraphs, fully and fairly responding to each corresponding paragraph of the motion. Failure to so respond may result in the motion being treated as unopposed.
Document Type
Opposition
Summary disposition motions must be in numbered paragraphs with full arguments; failure to do so risks rejection/denial.
All motions for summary disposition MUST be set forth in separately numbered paragraphs, limited as far as practicable to a single assertion. The substance of all arguments must be fully set forth through such paragraphs. Threadbare motions merely pointing to reliance on "the reasons more fully set forth in the brief" (or the like) do not comply with Michigan's Court Rules and will be REJECTED/DENIED.
Document Type
Motion
Motions must be in separately numbered paragraphs, each limited to a single assertion.
All motions MUST be set forth in separately numbered paragraphs, limited as far as practicable to a single assertion. See MCR 2.113(B).
Document Type
Motion
Joint Final Pre-Trial Order is required; failure to timely enter may result in dismissal or default.
Yes, and Plaintiff(s) are typically responsible for timely entry of the Joint Final Pre-Trial Order, unless stated otherwise in the court's Trial Order. FAILURE TO TIMELY ENTER THE JOINT FINAL PRETRIAL ORDER MAY RESULT IN DISMISSAL/DEFAULT.
Document Type
Pretrial Order
Proposed order for alternate service must attach the motion and all supporting materials as a single document, not using connected filings.
After such motion is filed with supporting materials attached, the moving party must subsequently submit a proposed order(s) under the Mi-filing code: 'ORDER/JUDGMENT ACCEPTED-WAITING FOR JUDGE'S SIGNATURE.' HOWEVER, THE PROPOSED ORDER FOR SIGNATURE MUST HAVE THE MOTION AND ALL SUPPORTING MATERIALS ATTACHED TO THE PROPOSED ORDER AND THUS SUBMITTED AS A SINGLE DOCUMENT. DO NOT USE 'CONNECTED FILING(S)'.
Document Type
Proposed Order
Amending the Joint Final Pre-Trial Order requires a written motion.
What is the procedure for amending the Joint Final Pre-Trial Order? Written motion required
Document Type
Motion
Motions for alternate service must include documentation showing at least three failed attempts at traditional service.
Although no hearing is required, Judge Cox generally requires the motion include documentation (typically an affidavit) showing how and why at least three ('3') attempts at traditional service have failed, before alternate service and/or a second summons will be allowed.
Document Type
Motion
Motions and responses must cite to exhibits/record with specific page/line numbers.
MOTIONS AND RESPONSES SHALL CITE TO EXHIBITS/RECORD WITH PARTICULARITY. SPECIFIC PAGES AND/OR LINE NUMBERS SHALL THUS BE IDENTIFIED AND SET FORTH IN THE MOTION/RESPONSE.
Document Type
Motion
All notices must include Zoom connection information.
All notices must contain Zoom connection information: Zoom available thru "Virtual Hearing" for Judge Kevin J. Cox here: http://3rdcc.org/courtroom-zoom-info
Document Type
Notice Of Motion
Final Pre-Trial Order must be submitted with the Mi-filing code 'Final Pre-Trial Order, Signed and Filed' as set in Trial Order.
As set forth in the court's Trial Order, and shall be submitted with the Mi-filing code of: 'Final Pre-Trial Order, Signed and Filed.'
Document Type
Pretrial Order
Alternate service and second summons require separate orders/filings.
Separate orders/filings are required for alternate service and second summons.
Document Type
Motion
Summary disposition motions must state that concurrence was requested and denied.
The moving party must ascertain whether a contemplated motion will be opposed. The motion must affirmatively state that the concurrence of counsel in the relief sought has been requested on a specified date, and that concurrence has been denied or has not been acquiesced in, and hence, that it is necessary to present the motion.
Document Type
Motion
SCAO form mc 304 is strongly encouraged for the proposed order after motion.
It is strongly encouraged that SCAO form mc 304 be submitted as an "ORDER/JUDGMENT ACCEPTED-WAITING FOR JUDGE'S SIGNATURE", following submission of form mc 303 as a motion.
Document Type
Proposed Order
SCAO form mc 303 is strongly encouraged for alternate service requests.
It is strongly encouraged that SCAO form mc 303 be used for all requests for alternate service; it should be available here: https://www.courts.michigan.gov/siteassets/forms/scao-approved/mc303.pdf
Document Type
Request For Alternate Service
SCAO form mc 01b is strongly encouraged for second summons requests.
It is strongly encouraged that SCAO form mc 01b be used for all requests for a second summons; it should available here: https://www.courts.michigan.gov/4a288e/siteassets/forms/scao-approved/mc01b.pdf
Document Type
Request For Second Summons
Filing & Service rules
Electronic Filing Rules
Submit praecipe through the court website after filing is entered.
SUBMIT PRAECIPE THRU COURT WEBSITE AFTER FILING IS ENTERED USING: HTTPS://WWW.3RDCC.ORG/EFILING/EPRAECIPE
Page 1 | Next Available General Civil Motion Dates
Proposed jury instructions must be submitted through Mi-file.
How do you develop instructions for the jury? Attorneys submit proposed instructions thru Mi-file
Page 1 | Jury Policies and Procedures
After filing a motion or objection, a praecipe must be submitted via the court website to have the hearing date accepted.
After a motion or objection is filed, the proposed hearing date must be accepted by the Court by submitting a praecipe thru the 3rd Circuit's website at: https://www.3rdcc.org/efiling/epraecipe
Page 1 | MOTION PRACTICE - GENERALLY
Summary disposition motions must be filed via Mi-file with notice of hearing.
Mi-file motion with notice of hearing as a date and time to be determined by the Court.
Page 1 | MOTIONS FOR SUMMARY DISPOSITION - POLICY & PROCEDURE
Filing Timing and Cure Windows
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).
Page 1 | MOTIONS FOR SUMMARY DISPOSITION - POLICY & PROCEDURE
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.
Page 1 | MOTIONS FOR SUMMARY DISPOSITION - POLICY & PROCEDURE
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.
Page 1 | MOTION PRACTICE - GENERALLY
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
Page 1 | Removing a case from Case Evaluation in favor of Private Facilitation
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.
Page 1 | MOTION PRACTICE - GENERALLY
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.
Page 1 | MOTION PRACTICE - GENERALLY
Service and Proof of Service Rules
Reply briefs must be served at least 3 days before the hearing.
Replies must be filed and served at least 3 days prior to a hearing.
Page 1 | MOTION PRACTICE - GENERALLY
A motion must be filed for alternate service or a second summons.
Judge Kevin J. Cox requires motion(s) be filed for alternate service (and)/or a second summons.
Page 1 | Alternate Service and/or Second Summons - POLICY & PROCEDURE
Courtesy Copy Requirements
Do not mail or deliver any documents to chambers.
PLEASE DO NOT MAIL/DELIVER ANY DOCUMENTS.
Page 1 | Header
No judge's copy of any kind is required or desired.
Absolutely no judge's copy of any kind is required (or desired); the court follows MCR 2.116(G)(1)(c) and MCR 2.119(A)(2)(d).
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No judge's copy required for summary disposition motions.
Is a Judge's Copy required? No. Judge Cox's court follows MCR 2.116(G)(1)(c).
Page 1 | MOTIONS FOR SUMMARY DISPOSITION - POLICY & PROCEDURE
Pre-Motion Conference Requirements
Motions are typically heard on Fridays at 9:00 am unless otherwise approved.
Motions are typically heard on Fridays at 9:00 am, unless other arrangements are specially approved by Judge or Judicial Attorney.
Page 1 | MOTION PRACTICE - GENERALLY
Adjournment & Extension Requirements
Stipulations may adjourn scheduling order dates to Track #2; beyond that, a motion and hearing are required.
JUDGE COX CURRENTLY ALLOWS STIPULATIONS TO ADJOURN SCHEDULING ORDER DATES TO TRACK #2. A MOTION MUST BE FILED AND A MOTION HEARING SCHEDULED FOR ANY ADJOURNMENT REQUEST OF CASE EVALUATION BEYOND TRACK #2.
Page 1 | Pretrial Stipulations and Requirements
Substitution of counsel is not a valid ground for adjournment absent exceptional circumstances.
NOTE: Substitution of counsel is not a suitable ground for adjournment or delay, absent extremely exceptional/unforeseeable circumstances.
Page 1 | Pretrial Stipulations and Requirements
Adjournments of summary disposition hearings are strongly discouraged; moving party may email judicial attorney; re-notice required if approved; non-moving party must file motion.
Requests for adjournment of scheduled summary disposition hearings are STRONGLY DISCOURAGED, particularly when requested within the same week set for hearing (as the Court has thus already expended considerable time and effort reviewing the filings). Nonetheless, the moving party may email the court's Judicial Attorney to seek approval of a later hearing date. If approved, a re-notice of hearing must be filed. Requests for adjournment by a non-moving party must be by motion.
Page 1 | MOTIONS FOR SUMMARY DISPOSITION - POLICY & PROCEDURE
Parties may always stipulate to extend discovery to the date of case evaluation.
The parties may also always stipulate to extend discovery to the date of Case Evaluation, regardless of track.
Page 1 | Pretrial Stipulations and Requirements
Chambers Communication Rules
Withdrawal of summary disposition motions permitted; moving party must immediately contact judicial attorney; late withdrawals discouraged.
Withdrawals of motions for summary disposition are thus permitted, however counsel for the moving party SHALL immediately contact the court's Judicial Attorney once it is apparent a hearing will not proceed. Late withdrawals of motions for summary disposition are extremely discouraged, as they needlessly consume already limited judicial resources.
Page 1 | MOTIONS FOR SUMMARY DISPOSITION - POLICY & PROCEDURE
Non-appearance on summary disposition motion without contacting judicial attorney may result in monetary sanctions.
Non-appearance on a motion for summary disposition without contacting the court's Judicial Attorney may subject the moving party's counsel to monetary sanctions. See MCR 2.119(E)(4)(b).
Page 1 | MOTIONS FOR SUMMARY DISPOSITION - POLICY & PROCEDURE
Email judicial attorney to request a hearing after the motion is accepted for filing.
After filing, email the court's Judicial Attorney at brian.hodgman@3rdcc.org to request a hearing. Do NOT email the Judicial Attorney until the motion has been accepted for filing by the Mi-filing system.
Page 1 | MOTIONS FOR SUMMARY DISPOSITION - POLICY & PROCEDURE