Local Court Rules - Circuit Court

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<ul><li><p>Local Court Rules - Circuit Courts Last Updated 12/2/2013 </p><p>LOCAL COURT RULES </p><p>CIRCUIT COURTS </p><p>Third Judicial Circuit (Wayne) </p><p>Rule: 2.100 PraecipesForms and Procedure </p><p>(A) At Issue PraecipesForms. The following forms shall be used for "At Issue Praecipes": </p><p>(1) Yellow formDomestic relations default judgments. </p><p>(2) Blue formContested domestic relations actions. </p><p>(3) White formAll other civil actions. </p><p>(B) At Issue PraecipesFiling. An "At Issue Praecipe" shall be filed with Docket Management and a copy served on the attorneys of record or parties in propria persona, with the answer to the complaint. </p><p>(C) Added Parties or Appearance After Praecipe Is Filed (Notice to Docket </p><p>Management). If any party is added to an action or an attorney appears in an action after the "At Issue Praecipe" is filed, the party or attorney shall immediately </p><p>notify Docket Management. </p><p>(D) Domestic Relations Actions. In uncontested domestic relations actions the action shall be considered "at issue" when the default has been taken, and an "At </p><p>Issue Praecipe" shall be filed with the affidavit of default. </p><p>Rule: 2.107 Service and Filing of Pleadings and Other Papers </p><p>(A) Service of Pleadings. Except for cases subject to e-filing, at the time of service of the summons and complaint, the plaintiff shall serve upon the opposing parties the preprinted caption labels provided pursuant to LCR 2.113(C). </p><p>Rule: 2.113 Form of Pleadings and Other Papers </p><p>(C) Pleadings Requirement of Preprinted Labels. Except for cases subject to e-filing, all pleadings hereinafter filed shall bear on the face thereof preprinted caption labels to be furnished by the Office of the County Clerk. </p><p>Rule: 2.119 Motion Practice </p><p>(A) Motion Praecipe Forms. A white form is to be used for a general motion praecipe and a yellow form for a domestic relations motion praecipe. </p><p>(B) Additional Motion Requirements. </p><p>(1) Certification by Attorney. The following certificate signed by the attorney of </p><p>record or the party in propria persona must be placed on the face sheet of each motion filed in the county clerk's office: </p></li><li><p>Local Court Rules - Circuit Courts Last Updated 12/2/2013 </p><p>I hereby certify that I have complied with all provisions of LCR 2.119(B) on motion practice. </p><p> ___________________________ </p><p> Attorney of Record </p><p>(2) Ascertaining Opposition; Contents. 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 </p><p>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. </p><p>(C) Rescinded April 2, 2003. </p><p>(D) Motions and Orders to Show Cause in Civil Cases Other Than Domestic Relations Cases. The original motion must be filed with the county clerk, who shall </p><p>indicate payment of the motion fee on the praecipe. The praecipe, with a copy of the motion or order to show cause and the brief, if any, attached, must be delivered </p><p>to the judge who is to hear the motion or order to show cause. Any party filing any pleading, brief, or other document relating to a pending motion or order to show cause shall indicate the hearing date and time for oral argument of the motion or </p><p>order to show cause in the upper right corner of the front page of each document, file the original with the county clerk, and deliver a copy to the judge who is to hear </p><p>the motion or order to show cause. </p><p>Rule 2.503 Adjournments </p><p>(A) This rule applies to any motion pending before the Court. </p><p>(B) The Court will allow one adjournment, in total, based upon the oral request of either party or his or her attorney provided that the oral request is made at least 7 </p><p>(seven) days prior to the date the motion is scheduled to be heard. </p><p>(C) At the time the proceeding is adjourned, the motion must be rescheduled for a specific date and time. The attorney/party making the request for adjournment is responsible for noticing the new date and time set after consulting with the </p><p>opposing party or attorney and obtaining a mutually satisfactory date for the rescheduled motion hearing. The attorney/party making the request for </p><p>adjournment must provide notice of the new date and time as soon as possible. </p><p>(D) Any subsequent or other request for adjournment by either party or attorney </p><p>shall be by written motion, properly noticed for hearing, and shall be in conformity with the requirements of MCR 2.503. </p><p>(E) No adjournments will be granted pursuant to stipulation beyond the oral request noted in (B) above. Stipulations may be presented to the Court at the </p><p>hearing on the motion for adjournment for the Courts consideration. </p></li><li><p>Local Court Rules - Circuit Courts Last Updated 12/2/2013 </p><p>(F) The only exceptions to the above will be those adjournments required by MCR 2.503(F). </p><p>Rule 3.204 Proceedings Affecting Children </p><p>(A) In any action involving a child custody dispute that falls under the DC case type code, the plaintiff/petitioner shall file a completed Third Circuit Court child custody action cover sheet. </p><p>(B) In any action seeking registration, enforcement, or modification of another states or a foreign countrys child custody determination, the parties shall use the most recent local Court Uniform Child Custody Jurisdiction and Enforcement Act forms or the most recent equivalent State Court Administrative Office forms. </p><p>Rule: 3.206 Certificate on Behalf of Plaintiff Regarding Ex Parte Interim </p><p>Support Order </p><p>A completed "Certificate on Behalf of Plaintiff Regarding Ex Parte Interim Support Order" must be filed in all actions for divorce, separate maintenance or annulment </p><p>of marriage, where the complaint alleges that minor children were born to the parties or during the marriage. The original must be filed with the county clerk. </p><p>Copies must be served on the Friend of the Court and the defendant. A proof of service must be provided to the Friend of the Court. </p><p>Rule: 3.207 Ex Parte Interim Orders for Support, Custody of Children and Attorney Fees; Notice of Dispute </p><p>(A) Before an ex parte interim order for the support of minor children or for </p><p>attorney fees in a domestic relations action is presented to the judge, the party seeking the order must complete a "Certificate on Behalf of Plaintiff Regarding Ex </p><p>Parte Interim Support Order," and a "Certificate of Conformity." The originals must be filed with the county clerk, and copies provided to the Friend of the Court. The party also must submit a Verified Statement as required by MCR 3.204(B). </p><p>(B) After the ex parte interim order for support is entered, the party who obtained the order must serve on the opposite party completed copies of the "Certificate on </p><p>Behalf of Plaintiff Regarding Ex Parte Interim Support Order," the "Certificate of Conformity," the complaint (or counterclaim or petition), the custody affidavit required by MCL 600.659, and the ex parte interim order for support. A proof of </p><p>service of these documents must be filed with the county clerk and the Friend of the Court. </p><p>(C) In all cases in which there is a dispute as to child custody, visitation, child support, or alimony, a party who requests the temporary or final order shall file with the Friend of the Court a written Notice of Dispute which shall include the </p><p>information required by MCR 3.204 and the nature of the dispute. (Forms to be supplied by the Friend of the Court's office.) </p></li><li><p>Local Court Rules - Circuit Courts Last Updated 12/2/2013 </p><p>Rule: 3.211 Judgments and Orders </p><p>(B) Certificate of Conformity. Domestic relations orders and judgments, when </p><p>presented for the court's signature, shall be certified as to content on an appropriate Certificate of Conformity. The forms shall be provided by the Friend of </p><p>the Court's office. </p><p>Rule: 6.100 Rules Applicable in the Third Judicial Circuit </p><p>(A) Criminal Division, Assignment of Judges, Case Processing. The Criminal Division </p><p>of the Third Judicial Circuit shall consist of a presiding judge and such other judges as may be assigned by the chief judge. The number and term of said judges shall </p><p>be determined by the chief judge. </p><p>(B) Appearance in Lower Court Constitutes Appearance in Circuit Court. Appearance by an attorney in a municipal or district court in any criminal action where the </p><p>defendant is bound over to the Third Judicial Circuit shall constitute an appearance in the Third Judicial Circuit in said criminal action. An attorney may by motion for </p><p>cause shown be permitted to withdraw from further representation of said defendant. </p><p>(C) Method of Assignment, Reassignment; Adjournments. Cases shall be assigned </p><p>by lot to a trial judge. If the trial judge is unavailable on the date set for trial, the case shall be reassigned to an available judge within the Criminal Division or, if no </p><p>such judge is available, then to a judge available in the Civil Division. </p><p>No trial of a criminal case shall be adjourned except by the presiding judge for good </p><p>cause shown upon motion of the party seeking the adjournment or by the presiding judge for good cause. </p><p>(D) Implementation of Court-Administered Final Plea Conference in Criminal Felony </p><p>Matters. A final plea conference shall be held prior to trial of all criminal felony cases bound over to the Third Judicial Circuit. The final plea conference shall be </p><p>scheduled by the court after the conclusion of the arraignment on the information and no later than 3 weeks prior to the scheduled trial date. The final plea conference shall be administered by the presiding judge of the criminal division. </p><p>The defendants, defense attorneys, and the Wayne County Prosecuting Attorney's office shall be notified in writing of the court-scheduled final conference and shall </p><p>appear at the time and location specified in the notice. The failure of the defendant to appear for the final conference may result in the issuance of a warrant for his or her arrest and the revocation of bond. All requests for adjournment of the final </p><p>conference are to be taken in open court before the presiding judge of the Criminal Division. </p><p>Rule: 6.410 Selection of Juries for Trials of Former Recorder's Court Cases </p><p>(A) Application. </p><p>This rule only applies to defendants who are </p><p>(1) charged with committing a felony in the City of Detroit, and </p><p>(2) arraigned on the warrant or complaint before October 1, 1997. </p></li><li><p>Local Court Rules - Circuit Courts Last Updated 12/2/2013 </p><p>(B) Selection of Jurors. </p><p>For trials of defendants described in subrule (A), the court will draw potential jurors </p><p>from all of Wayne County, unless the defendant elects in writing, on or before the final pretrial conference, to be tried by a jury composed of persons drawn only from </p><p>the City of Detroit. </p><p>Rule: 8.108 Transcript for Appeal </p><p>A request or order for a transcript of proceedings in the Third Judicial Circuit for use </p><p>on appeal must be made to Court Reporting Services or a designee of that office by completing and filing the required form with Court Reporting Services. </p><p>All transcripts will be filed with and can be obtained through Court Reporting Services by the ordering party, upon completion. </p><p>Fourth Judicial Circuit (Jackson) </p><p>Rule: 2.402 Facsimile Transmission of Documents </p><p>Local court rule 2.402 is rescinded, effective January 1, 2004. </p><p>Rule: 2.403 Mediation </p><p>(A) Obtaining Briefs or Summary. The mediation clerk shall, immediately after the deadline for filing a document, brief, or summary, make those received available to the assigned mediators. The assigned mediators shall thereafter obtain the same as </p><p>soon as possible from the administrative office of the court. </p><p>(B) Disposition and Adjournment. </p><p>(1) Adjournment of mediation hearings is to be avoided whenever possible. Adjournments are to be approved by the judge assigned to the case or, in the absence of the assigned judge, the chief judge or, in the absence of the chief </p><p>judge, the chief judge pro tempore. </p><p>Whenever possible, the attorney in principal charge of the case shall delegate </p><p>responsibility for attendance at the hearing to another attorney when necessary so as to avoid adjournment. </p><p>(2) When a case is set for mediation as provided in MCR 2.403, and is </p><p>thereafter settled or otherwise disposed of before the mediation, it shall be the responsibility of both counsel immediately to notify the mediation clerk of the </p><p>disposition, and to provide the mediation clerk with a signed, true copy of the judge's order of disposition as soon as possible. </p><p>(3) When a true copy of a final order of disposition is submitted to the </p><p>mediation clerk before the documents, briefs, or summaries have been turned over to the assigned mediators, the fees paid for that hearing shall be returned </p><p>to the parties paying such fee, except for those fees subject to penalty under the terms of this rule. </p></li><li><p>Local Court Rules - Circuit Courts Last Updated 12/2/2013 </p><p>Sixth Judicial Circuit (Oakland) </p><p>Rule: 2.119 Motion Practice </p><p>(A) Miscellaneous Calendar. Motions and petitions shall be heard on Wednesday </p><p>mornings unless otherwise ordered by the court. An attorney desiring to have a hearing on any pro confesso, default, motion, or miscellaneous matter shall file a </p><p>praecipe with the assignment clerk on or before the Wednesday preceding the Wednesday of the desired hearing. Each Thursday the assignment clerk shall, under the direction of the chief judge, prepare a list of all matters to be heard the </p><p>following Wednesday. The list shall show the name of the judge before whom the matter will be heard. A copy of the list shall be published in a newspaper as defined </p><p>in MCR 2.106(F) before the Wednesday on which the matters will be heard. </p><p>(B) Motion Praecipe; Motion Certification by Attorney. </p><p>(1) A motion praecipe must be filed at least 7 days before the hearing. </p><p>(2) Motion certification by attorney. </p><p>(a) The following certificate signed by the attorney of record or by the party </p><p>in propria persona shall be attached to or incorporated in the praecipe filed with the assignment clerk: </p><p>I hereby certify that I have made personal contact with _________ on _________, </p><p>20___, requesting concurrence in the relief sought with this motion and that concurrence has been denied or that I have made reasonable and diligent attempts </p><p>to contact counsel requesting concurrence in the relief sought with this motion. </p><p>(C) Appearance at the Hearing. If counsel for the moving party on a motion praeciped for hearing does not check in with the court clerk by 9:30 a.m., the court </p><p>may dismiss the motion praecipe on its own motion or upon request of counsel for the opposing party. </p><p>If counsel for the opposing party in a motion praeciped for hearing does not check in with the clerk by 9:30 a.m., upon request of the moving party the clerk shall call the motion for hearing. If appropriate, the court shall grant the requested relief. </p><p>Rule: 2.202 Substitution of Parties; Substitution of...</p></li></ul>

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