Local Court Rules - Circuit Courts

1 Local Court Rules - Circuit Courts 1 Last Updated 10/24/2019 Local Court Rules Circuit Court Table of Contents THIRD JUDICIAL Circuit (WAYNE) .. 5 Rule Praecipes Forms and 5 Rule Service and Filing of Pleadings and Other Papers.. 5 Rule Form of Pleadings and Other 5 Rule Motion Practice.. 5 Rule Adjournments.. 6 Rule Proceedings Affecting Children.. 6 Rule Certificate on Behalf of Plaintiff Regarding Ex Parte Interim Support Order.. 7 Rule Ex Parte Interim Orders for Support, Custody of Children and Attorney Fees; Notice of Dispute.. 7 Rule Judgments and Orders.. 7 Rule (B)(4). Simultaneous Attempts at Service in Juvenile Proceedings.. 7 Rule Rules Applicable in the Third Judicial Circuit .. 8 Rule Selection of Juries for Trials of Former Recorder s Court Cases.. 8 Rule Transcript for Appeal.. 9 Rule Courthouse Decorum.. 9 FOURTH JUDICIAL Circuit (JACKSON) .. 10 Rule Facsimile Transmission of Documents.. 10 Rule Mediation.

2 10 SIXTH JUDICIAL Circuit (OAKLAND) .. 11 Rule Motion Practice.. 11 Rule Substitution of Parties; Substitution of Counsel.. 11 Rule Video Tape Depositions.. 12 Rule Social Security Number Redaction Local Court Rule.. 12 Rule Prior and Subsequent Orders and Judgments Affecting Minors.. 13 Rule Powers and Duties of Friend of the Court .. 15 Rule Termination of Circuit Court Appointment of Attorneys and Submission of Fee Vouchers.. 15 Local Court Rules - Circuit Courts 2 Last Updated 10/24/2019 Rule Grand Juries.. 15 Rule Courtroom Decorum.. 15 SEVENTH JUDICIAL Circuit (GENESEE) .. 17 Rule Motion Practice.. 17 NINTH JUDICIAL Circuit (KALAMAZOO) .. 17 Rule Motion Practice.. 17 Rule Pretrial Procedures Civil.. 17 Rule Mediation.. 17 Rule Court Calendar: Civil and Domestic Hearings.. 17 Rule Court Calendar: Evidentiary Hearings Criminal Cases.. 17 Rule Criminal Procedures Pretrials.. 18 THIRTEENTH JUDICIAL Circuit (GRAND TRAVERSE).

3 18 Rule Notice for Court Appointed Special Advocates.. 18 SIXTEENTH JUDICIAL Circuit (MACOMB) .. 18 Rule Motion Practice.. 18 Rule Facsimile Transmission of Documents.. 19 Rule Orders and Judgments.. 19 NINETEENTH JUDICIAL Circuit (MANISTEE BENZIE) .. 20 Rule Facsimile Transmission of Documents.. 20 Rule Probation Violations; Authority of Probation Agent to Apprehend, Detain and Confine.. 20 TWENTY-FIRST JUDICIAL Circuit (ISABELLA) .. 20 Rule Facsimile Transmission of Documents.. 20 TWENTY-THIRD JUDICIAL Circuit (ALCONA ARENAC IOSCO OSCODA) .. 20 Rule Motion Practice.. 20 Rule Facsimile Transmission of Documents.. 20 Rule Taking of Cash Bonds and Modification of Cash Bonds in Friend of the Court Bench Warrant 20 Rule Pretrial Conferences.. 21 Rule Probation Violations; Authority of Probation Agent to Apprehend, Detain and Confine.. 21 Local Court Rules - Circuit Courts 3 Last Updated 10/24/2019 TWENTY-FOURTH JUDICIAL Circuit (SANILAC).

4 21 Rule Pretrial Conferences; Trial Date 21 Rule Signing of Proposed Judgments and Orders.. 21 TWENTY-EIGHT JUDICIAL Circuit (WEXFORD MISSAUKEE) .. 22 Rule Pretrial Conferences.. 22 THIRTIETH JUDICIAL Circuit (INGHAM) .. 23 Rule Motion Practice.. 23 Rule Impaneling the Jury.. 23 Rule Grand Jury.. 23 THIRTY-SEVENTH JUDICIAL Circuit (CALHOUN) .. 24 Rule Motion Practice.. 24 Rule Pretrial Conferences.. 24 Rule Facsimile Transmission of Documents.. 24 Rule Mediation.. 24 Rule (B). Taking of Cash Bonds and Modification of Cash Bonds in Friend of the Court Bench Warrant Cases.. 24 Rule Probation Violations; Authority of Probation Agent to Apprehend, Detain and Confine.. 24 THIRTY-EIGHT JUDICIAL Circuit (MONROE) .. 25 Rule (C). Motion Practice.. 25 THIRTY-NINTH JUDICIAL Circuit (LENAWEE) .. 25 Rule Chief Judge 25 FORTIETH JUDICIAL Circuit (LAPEER) .. 26 Rule Scope of Rules .. 26 Rule Number of Rules .. 26 Rule Motion Day Practice.

5 26 Rule Civil Pretrial Conference Procedures.. 26 Rule Presenting Orders and Judgments for Signature of Judge.. 27 Rule Criminal Procedure.. 27 FORTY-FIRST JUDICIAL Circuit (DICKINSON IRON MENOMINEE) .. 28 Rule Facsimile Transmission of Documents.. 28 Local Court Rules - Circuit Courts 4 Last Updated 10/24/2019 FORTY-SECOND JUDICIAL Circuit (MIDLAND) .. 28 Rule Facsimile Transmission of Documents.. 28 FORTY-FIFTH JUDICIAL Circuit (ST. JOSEPH) .. 29 Rule Mediation.. 29 Rule Dismissal for Lack of Progress.. 29 FORTY-SIXTH JUDICIAL Circuit (OTSEGO CRAWFORD KALKASKA) . 29 Rule Mediation.. 29 FORTY-EIGHT JUDICIAL Circuit (ALLEGAN) .. 30 Rule Facsimile Transmission of Documents.. 30 Rule Adjournment.. 30 Rule Pleading.. 30 FIFTIETH JUDICIAL Circuit (CHIPPEWA) .. 30 Rule Facsimile Transmission of Documents.. 30 FIFTY-SIXTH JUDICIAL Circuit (EATON) .. 30 Rule Facsimile Filing and Transmission of Court Documents.. 30 Local Court Rules - Circuit Courts 5 Last Updated 10/24/2019 Local Court Rules Circuit Court THIRD JUDICIAL Circuit (WAYNE) Rule Praecipes Forms and Procedure.

6 (A) At Issue Praecipes Forms. The following forms shall be used for At Issue Praecipes : (1) Yellow form Domestic relations default judgments. (2) Blue form Contested domestic relations actions. (3) White form All other civil actions. (B) At Issue Praecipes Filing. 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. (C) Added Parties or Appearance After Praecipe Is Filed (Notice to Docket 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 notify Docket Management. (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 Issue Praecipe shall be filed with the affidavit of default.

7 Rule Service and Filing of Pleadings and Other Papers. (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 (C). Rule Form of Pleadings and Other Papers. (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. Rule Motion Practice. (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. Local Court Rules - Circuit Courts 6 Last Updated 10/24/2019 (B) Additional Motion Requirements. (1) Certification by Attorney. The following certificate signed by the attorney of record or the party in propria persona must be placed on the face sheet of each motion filed in the county clerk s office: I hereby certify that I have complied with all provisions of LCR (B) on motion practice.

8 _____ Attorney of Record (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 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. (C) [Rescinded April 2, 2003.] (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 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 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 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 the motion or order to show cause.

9 Rule Adjournments. [Repealed effective May 15, 2001.] Rule Proceedings Affecting Children. (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. (B) In any action seeking registration, enforcement, or modification of another state s or a foreign country s 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. Local Court Rules - Circuit Courts 7 Last Updated 10/24/2019 Rule Certificate on Behalf of Plaintiff Regarding Ex Parte Interim Support Order. 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 of marriage, where the complaint alleges that minor children were born to the parties or during the marriage.

10 The original must be filed with the county clerk. 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 . Rule Ex Parte Interim Orders for Support, Custody of Children and Attorney Fees; Notice of Dispute. (A) Before an ex parte interim order for the support of minor children or for 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 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 (B). (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 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 , and the ex parte interim order for support.