These are the local court rules, approved by the Michigan Supreme Court, which govern practice in the Macomb County Circuit Court. Procedures in the Court are also governed by Local Administrative Orders. For information on LAO's click here.
MCR 2.119 Motion Days
(A) Motion Day. Monday of each week shall be motion day, except when on a legal holiday, in which case it will be the day following. Uncontested matters will be given preference over contested matters at the morning session.
(B) Filing. Counsel shall notice motions for hearing by filing a praecipe with the County Clerk at least 7 days prior to the scheduled hearing date. The praecipe shall contain the following information:
1. Names of the parties and the number of the case.
2. Nature of the motion.
3. Names of the attorneys.
4. Scheduled hearing date.
5. Name of the judge to whom the case is assigned.
If an order to show cause has been issued and a hearing scheduled for a Monday, 7 days or more from the date of issuance, a praecipe shall be filed to notify the clerk of that fact.
The original must be filed with the County Clerk, who shall indicate payment of the motion fee on the praecipe. if not consented to by the opposing party, a copy of the motion and brief, if any, must be filed with the judge who is to hear the motion. The same procedure shall apply for any responses made to the motion by the opposing party.
All motions shall be scheduled for 9:00 a.m. unless otherwise scheduled by or with the approval of the court, and opposing counsel has been so notified.
(C) Opening of Court. Motions will be called by the court clerk in the order as attorneys appear. All counsel entering the courtroom should notify the court clerk of their readiness for hearing.
(D) Dismissal for Non-Appearance. Motions not responded to when called by the court clerk may be dismissed without prejudice one hour after being called. The court clerk will grant consent adjournments if notified by telephone or written stipulation.
(E) Assignment. By 8:45 a.m. each motion day, the assignment clerk and respective court clerks will have posted on the main floor bulletin board of the court building and on each court bulletin board the list of matters scheduled for that day and before which judge the case is assigned.
(F) Hearing on other than Motion Day. All motions should be specifically noticed before the judge assigned to the case. Short matters may be heard on days other than motions days promptly at 9 a.m. but only when confirmed and scheduled in advance by the judge and when properly noticed for hearing.
(G) Duty to Examine File. Counsel are charged with the responsibility of examining the court file to see that all papers necessary to the hearing are in the file, including proof of service or notice of hearing.
New! Effective December 1, 1999, LCR 2.199(H) was adopted required consultation with opposing parties regarding motions:
(H) Motion Certification. In all motions, the attorney or party pro se shall incorporate in the Request for a Hearing on a motion or equivalent notice of hearing a certification that the attorney or party has made personal contact with the other party or parties requesting concurrence in the relief sought and that concurrence has been denied or that the attorney or party has made reasonable and diligent attempts to contact the other party or parties but was unable to do so. The certification must include the date or dates that contact was made or attempted.
LCR 2.602 ORDERS AND JUDGMENTS
(A) Presentation for Signature. Judgments and orders to which all parties have consented in writing as to form or form and substance shall be presented for the signature or attention of the judge through the court clerk, the court officer, or the judge's secretary. Such documents shall be presented before court convenes, during recess, at the close of court in the forenoon or afternoon, or left at the judge's chambers for presentation to the judge. If the document is presented for signature while the judge is on the bench and it would be a hardship upon the attorney later to pick up the signed document, it may be given to the court clerk who will present it to the judge as soon as possible.
(B) Distracting Conduct. Papers should not be presented to the clerk in the court during trial arguments to the court or jury.