JUDGE’S COPIES
Motions, briefs, and responses that exceed twenty pages in length (including exhibits) must have a printed Judge’s Copy delivered to chambers.
MOTION CALL
Motions must be properly noticed in front of the Court to be heard as part of the Court’s Wednesday motion call. Beginning July 12, 2023, motions will be heard in person in Courtroom 2F unless the Court gives prior approval for the parties to appear by Zoom. Friend of the Court pre-motion conferences will continue to be held on Zoom until further notice; if a motion is to be addressed by Friend of the Court in a pre-motion conference, FOC staff will send the parties notice prior to the scheduled motion call with further instructions regarding the time of the meeting and the Zoom login information. Parties may contact Chambers beginning the Friday prior to Motion Call to clarify if a motion has been referred to Friend of the Court for a pre-motion conference.
- 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.
- Orders Following Motion Call: Orders on motions are due no later than 4:30 p.m. the day the motion was heard. An order received after this time must be submitted as a stipulated order, or pursuant to MCR 2.602(B)(3). If counsel is present when the motion is heard, they must prepare an order to present to the Judge (unless otherwise stated, the Judge’s staff will not prepare the order).
- Adjourned or Cancelled Motions: Only the moving party may cancel or adjourn a motion to another Motion Call. The moving party must immediately contact opposing counsel/parties to inform them of the cancellation or adjournment. If adjourning a motion, another Judge’s Copy of the motion must be delivered to chambers no later than the Friday prior to the adjourned motion call. For an adjournment or cancellation to be excused by the Court, the moving party must call chambers by 4:00 p.m. on Tuesday to advise the clerk that the motion has been adjourned or withdrawn.
- Abandoned Motions: Unless excused by the Court, the moving party must appear for the motion. Failure to appear may result in a $100.00 assessed penalty to the moving party, pursuant to MCR 2.119. To be excused by the Court, the moving party must call chambers by 4:00 p.m. on Tuesday to advise the clerk that the motion has been adjourned or withdrawn.
- Requests to Adjourn for Service: The Court will not typically adjourn a moving party’s motion without requiring an appearance 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.
RESPONSES TO MOTIONS
Responses must be filed with MiFILE no later than 12:00 p.m. the Monday before the scheduled call; Responses not in the court file by 9:00am the Tuesday prior to motion call may not be reviewed by the Court. Answers/Replies to Responses must be approved for filing by chambers pursuant to MCR 2.119(2)(b).
EMERGENCY MOTIONS
An emergency motion can be filed at any time. All emergency motions must be in writing and properly filed with the Court using MiFILE prior to review. A copy of the motion must be emailed to the clerks and the staff attorney (see end of protocol for contact information). Please do not leave emergency motions in the County Clerk’s office downstairs or in the courtroom. To receive prompt assistance with your emergency motion, the moving party should contact chambers for further instructions at (248) 858-0342.
MOTIONS FOR SUMMARY JUDGMENT
Please schedule the motion hearing with the staff attorney for Judge McDonald by contacting her at heritagek@oakgov.com (and copy mcdonaldchambers@oakgov.com on the email). Please file the motion and direct any Judge’s Copies (if included) to the staff attorney’s attention. You must also verify with the staff attorney when to praecipe the motion for hearing.
MOTIONS FOR RECONSIDERATION
File the original motion with MiFILE and email a copy to the staff attorney for Judge McDonald at heritagek@oakgov.com (and copy mcdonaldchambers@oakgov.com on the email). Do not file a praecipe or Notice of Hearing. Pursuant to the Court Rules, a hearing will not be held unless ordered by the Court.
ORDERS OF REFERENCE TO FOC
Orders of Reference to Friend of the Court will not be accepted by stipulation; the parties must file a motion and notice it for hearing on motion call.
REQUESTS FOR EVIDENTIARY HEARINGS
If you have an issue that involves a factual dispute, you must file a motion to request an evidentiary hearing before the Judge.