Limits & Logistics
Document Limits
Communication
Chambers
Page & Word Limits1 rule
10. Reply briefs are permitted, but must be no longer than 10 pages, exclusive of attachments/exhibits.
- Reply brief
- Up to 10 pages
Excluded from page count
- •Attachments
- •Exhibits
Document Format Requirements5 rules
Responses must use separately numbered paragraphs that fully and fairly answer each motion paragraph, and responsive briefs are required.
Court's wording
4.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).
Responses to summary-disposition motions must use separately numbered paragraphs that fully and fairly answer each motion paragraph.
Court's wording
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.
1.All motions MUST be set forth in separately numbered paragraphs, limited as far as practicable to a single assertion. See MCR 2.113(B).
Summary-disposition motions must use separately numbered paragraphs limited as far as practicable to one assertion and must fully state their arguments; threadbare motions relying on the brief may be rejected or denied.
Court's wording
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. See MCR 2.113(B); see also MCR 2.116(G)(1),(4).
11. MCR 2.119(A)(2) is also strictly enforced as written as to form and typography.
Formatting
- •Comply with MCR 2.119(A)(2) as written regarding form and typography
Document Filing Requirements14 rules
All notices of hearing must contain Zoom connection information: Zoom available thru "Virtual Hearing" for Judge Wanda A. Evans here: http://3rdcc.org/courtroom-zoom-info
Responsive briefs are required under MCR 2.119(A)(2).
Court's wording
4.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).
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.
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: Name of the mediator/facilitator, specific date and time 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 add 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.
If approved, a re-notice of hearing must be filed.
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.
A motion is required for alternate service or a second summons and generally should include documentation, typically an affidavit, explaining how and why at least three traditional service attempts failed.
Court's wording
Judge Wanda A. Evans requires motion(s) be filed for alternate service (and)/or a second summons. Although no hearing is required, Judge Evans 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.
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.'
Motions must state the substance of their arguments in separately numbered paragraphs, and briefs are required to elaborate on those arguments.
Court's wording
2.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.
Particular attention MUST be given to preliminary instruction M Civ JI 2.02, which requires the jury be given full and complete preliminary instruction regarding the elements of all civil claims (including definitions of legal terms), legal presumptions, and burdens of proof.
It is strongly encouraged that SCAO form mc 303 be used for all requests for alternate service; it should be available here:
It is strongly encouraged that SCAO form mc 01b be used for all requests for a second summons; it should available here:
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.
Attorneys may submit additional questions to the Judge with the Joint Final Pretrial Order.
Filing & Service rules
Electronic Filing Rules
The plaintiffs are responsible for ensuring the Mediation Status Report 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
Page 1 | Removing a case from Case Evaluation in favor of Private Facilitation
Submit the praecipe through the Court’s website after the filing is entered.
SUBMIT PRAECIPE THRU COURT WEBSITE AFTER FILING IS ENTERED USING:HTTPS://WWW.3RDCC.ORG/EFILING/EPRAECIPE
Page 1 | HONORABLE WANDA A. EVANS
File a summary-disposition motion in Mi-file with a notice stating the hearing date and time are to be determined by the Court, then email the Judicial Attorney to request a hearing only after the motion is accepted for filing.
Mi-file motion with notice of hearing as a date and time to be determined by the Court. 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
Attorneys must submit proposed jury instructions through Mi-file.
Attorneys submit proposed instructions thru Mi-file
Page 1 | Jury Policies and Procedures
After filing a motion or objection, submit a praecipe through the Third Circuit website to obtain Court acceptance of the proposed hearing date.
12. 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
Filing Timing and Cure Windows
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
Page 1 | Removing a case from Case Evaluation in favor of Private Facilitation
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);
Page 1 | Removing a case from Case Evaluation in favor of Private Facilitation
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
Page 1 | Removing a case from Case Evaluation in favor of Private Facilitation
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.
Page 1 | MOTION PRACTICE - GENERALLY
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:
Page 1 | Removing a case from Case Evaluation in favor of Private Facilitation
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).
Page 1 | MOTIONS FOR SUMMARY DISPOSITION - POLICY & PROCEDURE
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.
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Service and Proof of Service Rules
Replies must be served at least three days before the hearing.
Replies must be filed and served at least 3 days prior to a hearing.
Page 1 | MOTION PRACTICE - GENERALLY
Courtesy Copy Requirements
No judge’s copies are 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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Do not mail or deliver documents to the Court.
PLEASE DO NOT MAIL/DELIVER ANY DOCUMENTS.
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Filing Bundling Requirements
After filing the motion and supporting materials, the moving party must submit a proposed order under the specified Mi-filing code with the motion and all supporting materials attached as one document, not as 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)'. **AGAIN, USE OF SCAO FORMS mc 304 AND/OR mc 01b IS RECOMMENDED**
Page 1 | Alternate Service and/or Second Summons - POLICY & PROCEDURE
Alternate service and second-summons requests require separate orders and filings.
Separate orders/filings are required for alternate service and second summons.
Page 1 | Alternate Service and/or Second Summons - POLICY & PROCEDURE
Pre-Motion Conference Requirements
Before presenting a contemplated motion, the moving party must determine whether it will be opposed and state in the motion the specified-date request for concurrence and its denial or lack of acquiescence.
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.
Page 1 | MOTIONS FOR SUMMARY DISPOSITION - POLICY & PROCEDURE
Adjournment & Extension Requirements
Scheduling-order dates may be adjourned by stipulation through Track 2; an adjournment of Case Evaluation beyond Track 2 requires a motion and hearing, while discovery may be extended by stipulation to the Case Evaluation date regardless of track; substitution of counsel is not a suitable ground absent extremely exceptional or unforeseeable circumstances.
JUDGE EVANS 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. The parties may also always stipulate to extend discovery to the date of Case Evaluation, regardless of track. NOTE: Substitution of counsel is not a suitable ground for adjournment or delay, absent extremely exceptional/unforeseeable circumstances.
Page 1 | Pretrial Stipulations and Requirements
A non-moving party must request an adjournment by motion.
Requests for adjournment by a non-moving party must be by motion.
Page 1 | MOTIONS FOR SUMMARY DISPOSITION - POLICY & PROCEDURE
Adjournments of summary-disposition hearings are strongly discouraged, especially when requested in the hearing week; the moving party may email the Judicial Attorney for approval of a later date, while a non-moving party must request an adjournment by motion, and an approved date requires a new hearing notice.
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
Chambers Communication Rules
Summary-disposition motions may be withdrawn, but moving counsel must immediately contact the Judicial Attorney once it becomes apparent that the hearing will not proceed.
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.
Page 1 | MOTIONS FOR SUMMARY DISPOSITION - POLICY & PROCEDURE
After the summary-disposition motion is accepted for filing, email the Judicial Attorney to request a hearing; do not email beforehand.
Mi-file motion with notice of hearing as a date and time to be determined by the Court. 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
Moving counsel who does not appear for a summary-disposition motion without contacting the Judicial Attorney may face 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
The moving party may email the Judicial Attorney to seek approval of a later hearing date for a summary-disposition hearing.
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.
Page 1 | MOTIONS FOR SUMMARY DISPOSITION - POLICY & PROCEDURE
Parties may request a pre-case-evaluation settlement conference by emailing the judicial attorney mutually agreeable proposed dates.
The Court will entertain special requests for a pre-case evaluation settlement conference via Zoom video, by emailing the Court's judicial attorney with mutually agreeable proposed dates.
Page 1 | Status and Pre-Trial Settlement Conferences