Orders Presented for Judge's Signature
TRUE COPIES: With the exception of Judgments of Divorce or Separate Maintenance, our clerks will be happy to process four true copies of each order signed, or as many true copies as there are parties, whichever is greater. Attorneys should present copies for processing.
RETURNING ORDERS: With the exception of Judgments of Divorce or Separate Maintenance, we can mail true copies of orders to you. If you do not attach an envelope, we will hold your copies for thirty (30) days. Because of space constraints, we cannot hold them for a longer period. If not picked up, original orders will be filed and true copies will be discarded.
Preparing for Motion Call
JUDGE'S COPY OF MOTIONS OR BRIEFS: Frequently, the file does not contain pleadings for a praeciped motion. To allow the Judge time to review your motion, please deliver a copy of your motion/brief directly to the Judges office by noon on the Thursday (or sooner) before the scheduled hearing date. Be sure to print the hearing date on the top of the first page or attach a copy of the notice of hearing or praecipe so we know when the motion is scheduled.
RESPONSIVE PLEADINGS: Your answer or responsive brief is just as important to the Judge. Please deliver responsive pleadings by noon on Monday (or sooner) before the Wednesday motion call. (Note we cannot guarantee receipt of pleadings left in the County Clerks Office or slipped under the door.) Late responses may not be read by the judge.
ADJOURNED MOTIONS: Only the moving party may adjourn the motion. Again, due to storage limitations, if you reschedule your motion, you will need to file new judges copies of the pleadings. All judges copies will be discarded after motion call. We have no way of knowing which motions will be rescheduled and which have been abandoned.
SERVICE ISSUES: The court will not typically adjourn a moving party's motion based on a respondent's claim of improper service. The respondent should contact the moving party to ask for an adjournment of the motion or raise service issues in the response.
ABANDONED MOTIONS: Unless excused by the court, the moving party must appear for the motion. Failure to appear may result in a $100 assessed penalty to the moving party. To be excused by the court, the moving party must call chambers by 4:00 p.m. on Tuesday and advise the clerk that the motion has been adjourned or withdrawn.
PRAECIPES FILED LATE: If you were unable to timely or properly file a motion, we cannot add it to the motion call. You may re-praecipe the motion for hearing on a subsequent motion day. Be sure to check the legal newspapers to find out if your motion is scheduled. If it is not on the call, check with the Assignment Office. Notify opposing counsel to avoid needless trips to the court house.
MOTIONS FOR SUMMARY DISPOSITIONS: Please schedule motion hearing with staff attorney for Judge McDonald.
OAKLAND COUNTY EMERGENCY MOTIONS: The Judge may consider hearing an emergency motion at any time. A written petition explaining a request for an emergency motion can expedite the courts handling of emergency matters. Please comply with MCR 3.207.
MOTIONS TO SETTLE ORDERS: Present the Judge with a transcript of the proceeding in which an order was made. Requests to review the video tape of an earlier hearing must be made prior to the hearing on the motion.
REQUESTS FOR EVIDENTIARY HEARING: If you have an issue that involves a factual dispute, you must file a motion in order to request an evidentiary hearing before the Judge. Requests for hearing before a referee may be made at the Early Intervention Conference without filing a motion.
ATTENDANCE: Attorneys and their clients must attend any scheduled conference.
ADJOURNMENTS: No adjournments will be granted without permission of the court and requests must be made 2 days prior to the date. While adjournments should be requested only when absolutely necessary, the court will consider stipulated requests without the necessity of a formal motion provided the adjournment does not interfere with any other scheduled dates. The stipulation and order should state the reason for the adjournment and further should comply with MCR 2.503.
SCHEDULING ORDER: The court clerk will issue a scheduling order following the conference. Be sure to take your copy with you as that will be the only notice of subsequent dates. The order will contain deadlines for discovery cutoff, witness list exchange, mediation, and other important information. A mediator will be named, if needed, and a trial date will be set. Ask the clerk for the form when checking in.
EXTENSION OF DATES IN SCHEDULING ORDER: Counsel are encouraged to communicate and work together. Scheduled deadlines may be extended by stipulation provided there is no interference with mediation or trial dates. Once a scheduling order is issued, an adjournment of trial and/or mediation requires the filing of a motion.
OAKLAND COUNTY TRIALS: Trial dates are set at the settlement conference. Requests to adjourn must be made by written motion. Stipulated orders may be considered. All orders for adjournment must comply with MCR 2.503.
TRIAL BRIEFS: Trial briefs must be filed in all cases. Refer to Scheduling Orders for specific requirements. Be sure to identify uncontested issues.
SETTLEMENTS: Settlements may be placed on the record by notifying the court clerk and requesting a time for hearing. No written motion is required.
OAKLAND COUNTY DEFAULT JUDGMENTS: Prior to presenting proofs, check to be sure you have filed a Default against the defendant. You must give notice if you intend to take a Default Judgment unless judgment is requested on the day of trial. Proofs of service should be filed at the time of or before taking a Default Judgment. MCR 2.603.
JUDGMENTS: Whenever possible, the moving party should present the judge with a written judgment, approved by counsel and parties who have appeared, immediately before requesting judgment. All judgments must be presented for signature no later than 21 days after the judgment is granted, unless an extension is permitted by the court. MCR 3.211(G). Note: The Judge's clerks will no longer file the original judgment or true copy any Judgment of Divorce or Separate Maintenance.
SPOUSAL SUPPORT: Spousal support matters on divorces without minor children are no longer processed through Friend of the Court.