Rule: 6.410  Selection of Juries for Trials of Former Recorder's Court Cases

(A) Application.

This rule only applies to defendants who are

(1) charged with committing a felony in the City of Detroit, and

(2) arraigned on the warrant or complaint before October 1, 1997.

(B) Selection of Jurors.

For trials of defendants described in subrule (A), the court will draw potential jurors 

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 

the City of Detroit.

Rule: 8.108  Transcript for Appeal

A request or order for a transcript of proceedings in the Third Judicial Circuit for use 

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.

All transcripts will be filed with and can be obtained through Court Reporting 

Services by the ordering party, upon completion.

Fourth Judicial Circuit (Jackson)

Rule: 2.402  Facsimile Transmission of Documents

Local court rule 2.402 is rescinded, effective January 1, 2004.

Rule: 2.403  Mediation

(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 

soon as possible from the administrative office of the court.

(B) Disposition and Adjournment.

(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 

judge, the chief judge pro tempore.

Whenever possible, the attorney in principal charge of the case shall delegate 

responsibility for attendance at the hearing to another attorney when necessary so 

as to avoid adjournment.

(2) When a case is set for mediation as provided in MCR 2.403, and is 

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 

disposition, and to provide the mediation clerk with a signed, true copy of the 

judge's order of disposition as soon as possible.Local Court Rules - Circuit Courts  Last Updated  11/3/2009

(3) When a true copy of a final order of disposition is submitted to the 

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 

to the parties paying such fee, except for those fees subject to penalty under 

the terms of this rule.

Rule: 2.119  Motion Practice

(A) Miscellaneous Calendar. Motions and petitions shall be heard on Wednesday 

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 

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 

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 

in MCR 2.106(F) before the Wednesday on which the matters will be heard.

(B) Motion Praecipe; Motion Certification by Attorney.

(1) A motion praecipe must be filed at least 7 days before the hearing.

(2) Motion certification by attorney.

(a) The following certificate signed by the attorney of record or by the party 

in propria persona shall be attached to or incorporated in the praecipe filed 

with the assignment clerk:

I hereby certify that I have made personal contact with _________ on _________, 

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 

to contact counsel requesting concurrence in the relief sought with this motion.

(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 

may dismiss the motion praecipe on its own motion or upon request of counsel for 

the opposing party.

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.

Rule: 2.202  Substitution of Parties; Substitution of Counsel

(A) Substitution of Parties. Any attorney granted leave to add or delete a party to 

or from a pending case shall promptly notify the assignment office.

(B) Substitution of Counsel. Any attorney granted leave to substitute into a pending 

case shall promptly notify the assignment office.Local Court Rules - Circuit Courts  Last Updated  11/3/2009

Rule: 2.315  Video Tape Depositions

(A) Filing of Petition. A producer of a video-taped deposition or a party may file a 

petition in a closed case, identifying the tape produced for use in the case, stating 

facts showing the case is closed, and requesting return of the video tape.

(B) Filing of Affidavit and Stipulation. Along with the petition, the following shall be 

filed:

(1) An affidavit by the petitioner affirming there is a written transcript in the 

court file for each requested video-taped deposition, and stating that the 

petitioner is the owner of the requested video tape or that the owner has 

waived any rights to the requested video tape;

(2) A stipulation from each party litigant or all counsel of record agreeing there 

is no objection to releasing the requested video tape and stating there is no 

appeal pending or contemplated.

(C) Discretion of Court. Upon review of the petition and supporting documents, the 

court may enter an order permitting release of the requested video tape, may 

refuse to return the video tape, or may order release of the video tape upon any 

conditions it deems appropriate.

Rule 2.612  Social Security Number Redaction Local Court Rule

I. Scope 

This local rule is issued in accordance with Michigan Court Rules 2.119 and 

2.612(A) and Supreme Court Administrative Order No. 2006-2.  The local rule 

establishes the procedure by which the court will process motions to redact 

identified social security numbers and other personal information from specified 

documents filed on or after March 1, 2006.

II. Procedure

A. A party

1

may file a motion to redact one’s social security number

2

                                      

1

As used in this local administrative order, “party” includes the named party, 

counsel representing the named party, the next friend, a guardian ad litem, a 

personal representative, a guardian, and a conservator.  This definition also 

includes individuals who discover their social security number (SSN) or other 

personal information included in a case file.

(SSN) or 

other personal information from any document in which it is not required by 

statute, court rule, court order, or as required for identification purposes.

2  

Social security number means a complete, unredacted nine-digit social 

security number.Local Court Rules - Circuit Courts  Last Updated  11/3/2009

1. A party requesting redaction of an SSN or other personal information shall 

identify the document containing the SSN or other personal information, the date 

the document was filed with the Court, and the page and line number where the 

SSN or other personal information is located.

2. Multiple documents and locations may be identified in a single motion.

3. Pursuant to Michigan Court Rules (MCR) 2.119 and Administrative Order 

(AO) No. 2006-2, a separate motion is required for each case that contains one’s 

SSN or other personal information.

B. A party shall serve a copy of the motion to redact an SSN or other personal 

information on opposing parties as required by MCR 2.119(C).  In addition, when 

the person files the motion for redaction, the person shall provide an extra copy for 

the court administrator marked “court administrator copy.”  The court clerk must 

transmit the copy to the court administrator’s office.

1. Opposing parties may object to the motion within seven days after service 

of the motion.  An objecting party shall also notice the objections for hearing and 

file a praecipe before the assigned judge.

2. Unless otherwise ordered by the Court, all motions to redact an SSN or 

other personal information shall be decided without oral argument as provided at 

MCL 2.119(E)(2).

C. After the period to respond to the motion has elapsed, the motion to redact the 

SSN or other personal information and any response shall be reviewed by the 

Court.  The standards shall include that the motion complies with the requirements 

of MCR 2.119, MCR 2.612(A), AO 2006-2, and this order and shall be limited to 

motions to redact an SSN and other personal information.  If the court grants the 

motion, the court shall enter an order allowing the information to be redacted.  The 

order shall be made part of the court record.

Rule: 3.205  Prior and Subsequent Orders and Judgments Affecting Minors

(A) Venue. This rule applies whenever the prior and subsequent courts are Oakland 

County courts.

(B) Notice to Prior Court, Friend of the Court, Juvenile/Probate Register or 

Prosecuting Attorney.Local Court Rules - Circuit Courts  Last Updated  11/3/2009

(1) As used in this rule, "appropriate official" means the friend of the court, 

juvenile/probate register, or Prosecuting Attorney, depending on the nature of 

the prior or subsequent action and the court involved.

(2) If a minor is known to be subject to the prior continuing jurisdiction of an 

Oakland County court, the plaintiff or other initiating party must file written 

notice of proceedings in the subsequent court with

(a) the clerk or register of the prior court, and

(b) the appropriate official of the prior court.

(3) The notice must be filed at least 21 days before the date set for hearing. If 

the fact of continuing jurisdiction is not then known, notice must be given 

immediately when it becomes known.

(4) The notice requirement of this subrule is not jurisdictional and does not 

preclude the subsequent court from entering interim orders before the 

expiration of the 21-day period, if required by the best interests of the minor.

(C) Prior Orders.

(1) Each provision of a prior order remains in effect until the provision is 

superseded, changed, or terminated by a subsequent order.

(2) A subsequent court must give due consideration to prior continuing orders 

of other courts, and may not enter orders contrary to or inconsistent with such 

orders, except as provided by law.

(D) Duties of Officials of Prior and Subsequent Courts.

(1) Upon receipt of the notice required by subrule (B), the appropriate official of 

the prior court

(a) must provide the assigned judge of the subsequent court with the 

docket sheet;

(b) may appear in person at proceedings in the subsequent court, as the 

welfare of the minor and the interests of justice require.

(2) The appropriate official of the prior court shall furnish documents upon 

request of the subsequent court.

(3) Upon request of the prior court, the appropriate official of the subsequent 

court

(a) must notify the appropriate official of the prior court of all proceedings 

in the subsequent court, and

(b) must send copies of all orders entered in the subsequent court to the 

attention of the clerk or register and the appropriate official of the prior 

court.

(4) If a circuit court awards custody of a minor pursuant to MCL 722.26b, the 

clerk of the circuit court must send a copy of the judgment or order of 

disposition to the probate court that has prior or continuing jurisdiction of the Local Court Rules - Circuit Courts  Last Updated  11/3/2009

minor as a result of the guardianship proceedings, regardless of whether there 

is a request.

(5) Upon receipt of an order from the subsequent court, the appropriate official 

of the prior court must take the steps necessary to implement the order in the 

prior court.

Rule: 3.208  Powers and Duties of Friend of the Court

(B) Friend of the Court Pre-Arraignment Review

(1) All bench warrants issued for failure to appear pursuant to an order to show 

cause in friend of the court matters must contain a provision for bail and be 

returnable to a friend of the court referee.

(2) A person arrested pursuant to such a bench warrant will be brought before 

a referee for review at the Oakland County Jail. The referee is empowered to:

(a) enter into a consent agreement for payment of support;

(b) lower the bond if appropriate; and

(c) continue the bond until the next court date for friend of the court 

matters.

(3) Either party may request an immediate arraignment before the court.

Rule: 6.101  Termination of Circuit Court Appointment of Attorneys and 

Submission of Fee Vouchers

(A) Termination of Circuit Court Appointment of Attorneys. The appointment of 

counsel in indigent cases shall terminate at the time of dismissal or sentencing, 

whether the dismissal or sentencing has occurred at circuit or district court.

(B) Date Certain for Attorney Fee Vouchers. Appointed attorneys shall submit their 

vouchers to the court administrator no later than one month after dismissal of the 

case or sentencing of their client.

(C) For purposes of this rule, sentencing shall include granting of YTA status and 

delayed sentence.

Rule: 6.107  Grand Juries

Petitions for a grand jury shall be presented to the chief judge and submitted by 

him or her to the bench for decision. No such petition shall be granted except by 

affirmative majority action of the bench. If a one-man grand jury is called, the 

judges of the circuit, by majority action, shall designate the judge who shall act as 

the grand juror.

Rule: 8.115  Courtroom Decorum

(A) This court rule applies to the conduct and dress of those who attend court or 

engage in business in the courthouse, including attorneys, litigants, witnesses, 

jurors, and interested persons.

(B) Court proceedings shall be conducted in a manner that protects the dignity and 

seriousness of the proceedings. Conduct by any person that may interfere with the 

decorum of the court is prohibited and may result in removal of that person from 

the court. 

(C) Persons attending court are required to abide by the following guidelines, which 

are representative rather than all-inclusive. 

(1) Smoking, eating, drinking (including bottled water), and gum chewing are 

not allowed in any courtroom at any time, whether during sessions of the court 

or at recess.

(2) Taking photographs is not allowed in the courtroom without the express 

permission of the court.

(3) All conversations and reading of books, newspapers, and periodicals, except 

as necessary for the trial of an issue, are prohibited in the courtroom during 

sessions of the court.

(4) Demonstrations, placards, badges, T-shirts, and clothing that espouse a 

position on an issue before the court shall not be allowed without the express 

permission of the judge.

(5) Individuals other than attorneys, court personnel, and jurors shall refrain 

from using the corridors between the courtrooms and chambers unless 

expressly authorized to do so by the court.

(6) Cellular telephones, beepers, and electronic or communication devices that 

have the capacity to disrupt court proceedings must be turned off or set for 

silent notification during sessions of the court. Individuals shall not answer 

telephones, beepers, or other electronic communication devices while the court 

is in session. Failure to comply with this section may result in a fine, 

incarceration, or both for contempt of court.

(D) Dress

(1) Attorneys shall wear proper business attire while attending court, unless 

excused from doing so by the court.

(2) Jurors, parties, and witnesses should wear proper attire while attending 

court, unless excused from doing so by the court.

(3) Clothing such as short shorts, halter tops, sweat suits, camouflage 

garments, swimwear, exercise garb, and revealing garments such as tank tops 

shall not be permitted in the courtroom.

(4) Men are required to remove hats, caps, and hoods in the courtroom.

(5) The jury clerk shall assist the court in ensuring compliance with this 

subrule, and may require a juror whose clothing does not comport with (D)(2) 

and (3) to obtain appropriate attire or to report for service on a later date. A 

juror who fails to return to court as directed may be found in contempt of court 

and is subject to the penalties permitted by statute and court rule.

(E) It is within the judge`s discretion to have an individual removed from the 

courtroom if the individual`s conduct or dress does not comport with this rule.Local Court Rules - Circuit Courts  Last Updated  11/3/2009

(F) Individuals other than those giving testimony shall stand at all times when 

addressing the court or jury, or when examining witnesses, unless excused from 

doing so by the court.

(G) Each business office of the court may set a policy regarding the use of cellular 

telephones, beepers, and other electronic or communication devices in that office.

Rule: 2.119  Motion Practice

(A) Motion Certification by Attorney. The following certificate signed by the attorney 

of record or by the party in propria persona shall be attached to or incorporated in 

the motion and notice of hearing filed with the clerk:

I hereby certify that I have made personal contact with 

________________________[name] on ________________[date], requesting 

concurrence in the relief sought with this motion and that concurrence has been 

denied, or that I have made reasonable and diligent attempts to contact counsel 

requesting concurrence in the relief sought with this motion.

(B) Proposed Orders. A proposed order must be attached to and served with the 

motion.

(C) Application. This rule applies to all motions filed in the circuit court and to 

motions filed in civil actions in the probate court.

Rule: 2.119  Motion Practice

[Rescinded March 7, 2008]

Rule: 2.401  Pretrial Procedures – Civil

[Rescinded April 27, 1995]

Rule: 2.403  Mediation

[Rescinded April 27, 1995]

Rule: 2.501 Court Calendar: Civil and Domestic Hearings

[Rescinded March 7, 2008]

Rule: 6.000  Court Calendar: Evidentiary Hearings – Criminal Cases

[Rescinded March 7, 2008]Local Court Rules - Circuit Courts  Last Updated  11/3/2009

Rule: 6.001  Criminal Procedures – Pretrials

[Rescinded March 7, 2008

Rule: 2.119  Motion Practice

(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 motion 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 Local Court Rules - Circuit Courts  Last Updated  11/3/2009

than motion days promptly at 9:00 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.

(H) Motion Certification. The attorney of record or the party in propria persona shall 

certify on the notice of hearing that the attorney or party either has made personal 

contact with the other party or the party's attorney and requested concurrence in 

the relief sought, but concurrence has been denied, or that the attorney or party 

has made reasonable and diligent attempts to contact the other party or the party's 

attorney, but was unable to do so. The certification must specify the date or dates 

that contact was made or attempted.

Rule: 2.402  Facsimile Transmission of Documents

Local court rule 2.402 is rescinded, effective January 1, 2004.

Rule: 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 to return 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.

Rule: 2.402  Facsimile Transmission of Documents

Local court rule 2.402 is rescinded, effective January 1, 2004.

Rule: 6.445  Probation Violations; Authority of Probation Agent to 

Apprehend, Detain and Confine

(A) Authorization to Apprehend. Probation officers assigned to the Manistee/Benzie 

Circuit Court are, pursuant to MCL 771.4, authorized without further order of the 

court to apprehend, detain, and confine any probationer of the Manistee/Benzie 

Circuit Court accused of violating a term of probation.

(B) Prompt Arraignment. A probationer apprehended, detained or confined under 

this rule must be brought promptly before the court for arraignment.Local Court Rules - Circuit Courts  Last Updated  11/3/2009

(C) Written Charges and Hearing. A probationer apprehended, detained, or confined 

under this rule is entitled to a written copy of the charge, setting forth the alleged 

violation of probation, and is entitled to a hearing conducted in accordance with law 

and the court rules.

Rule: 2.402  Facsimile Transmission of Documents

Local court rule 2.402 is rescinded, effective January 1, 2004.

Twenty-Third Judicial Circuit (Alcona Arenac Iosco Oscoda)

Rule: 2.119  Motion Practice

Local court rule 2.119 is rescinded, effective immediately.

Rule: 2.402 Facsimile Transmission of Documents

Local court rule 2.402 is rescinded, effective immediately.

Rule: 3.208  Taking of Cash Bonds and Modification of Cash Bonds in Friend 

of the Court Bench Warrant Cases

(A) In addition to the sheriff or his deputy, court officers authorized by the chief 

judge may accept the payment of money in fulfillment of a cash bond from a person 

arrested pursuant to a bench warrant issued under MCL 552.631 or MCR 

3.208(B)(4) and (6), immediately upon arrest or at any point thereafter prior to 

court appearance, subject to the conditions set forth at MCL 552.632.

(B) If the respondent is not brought before the court within 24 hours of arrest and 

is unable, thereafter, to post the required cash bond, or if the respondent cannot be 

lodged at the county jail because of a declared jail overcrowding emergency and a 

circuit judge is not readily available to arraign the respondent, the friend of the 

court or deputy friend of the court may conduct a prearraignment bond review and 

authorize a lower cash bond, pending the respondent's arraignment on the bench 

warrant before the court.

(C) In determining whether to lower a cash bond, the friend of the court or deputy 

friend of the court must take into account factors such as the respondent's available 

resources and the likelihood that he or she will appear before the court as further 

directed by the friend of the court or deputy friend of the court. The friend of the 

court or deputy friend of the court may authorize release upon personal 

recognizance pending arraignment before the court.

Rule: 6.113  Pretrial Conferences

Local court rule 6.113 is rescinded, effective immediately.

Rule: 6.445  Probation Violations; Authority of Probation Agent to 

Apprehend, Detain and Confine

Local court rule 6.445 is rescinded, effective immediately.

Rule: 2.401  Pretrial Conferences; Trial Date Assignments

The assignment clerk shall, based upon the term calendar, determine which cases 

are ready for pretrial conference and notify counsel of record as to the date, time, 

and place thereof; however, all pretrial conferences shall, as far as practicable, be 

held a reasonable time prior to trial. Failure of counsel to appear at pretrial 

conferences without notice may result in such action as is provided by the Michigan 

Court Rules. The pretrial conference may be waived in writing by both counsel 

through stipulation, except where a pretrial conference is expressly ordered by the 

court. All counsel for the respective parties shall attend the pretrial hearing, unless 

excused by the court, and they may, at their discretion, and the discretion of the 

court, be accompanied by their respective clients. As far as possible, trial dates will 

be assigned to counsel at the pretrial conference, and no further notice of trial shall 

be given. Post pretrial discovery shall be allowed; however, failure to complete 

discovery prior to trial shall not be a basis for adjournment of the trial date set at 

the pretrial hearing, except for good cause shown.

Rule: 2.602  Signing of Proposed Judgments and Orders

All proposed judgments or orders shall be delivered to the assignment clerk or the 

county clerk, who shall attach them to the appropriate court file. However, if an 

attorney is desirous of obtaining a signed order or judgment without delay, the 

appropriate file may be checked out of the county clerk's office with the proposed 

order or judgment attached and presented to the judge for signature.

Rule: 2.401  Pretrial Conferences

(A) Pretrial Conferences in Criminal Cases:

(1) On the date scheduled for arraignment pursuant to Local Administrative 

Order No. 1985-2, a pretrial conference shall be held unless the defendant 

enters a plea of guilty or nolo contendere when arraigned.

(a) The pretrial conference may be adjourned or continued by order of the 

court.

(b) The defendant shall be present at the pretrial conference unless excused 

by order of the court.

(2) Scope of Conference. At the pretrial conference, the court shall:Local Court Rules - Circuit Courts  Last Updated  11/3/2009

(a) Determine the need for pretrial motions, establish a cutoff date for the 

filing of said motions, and schedule said motions for hearing;

(b) Determine whether or not there are additional witnesses sought to be 

endorsed by the prosecution or defendant;

(c) Determine whether the defendant is raising any defense which requires 

notice (alibi, insanity, or incompetency) and require the filing of such notice 

as required by law;

(d) Estimate the time required for trial;

(e) Determine whether plea negotiations are completed;

(f) Determine whether the defense will waive any endorsed witness;

(g) Determine whether there will be any unusual legal issues or requested 

special jury instructions;

(h) Consider all other matters that may aid in the disposition of the action; 

and

(i) Fix a date certain for trial.

Rule: 2.119  Motion Practice

(A) An attorney of record may secure a date for hearing from the trial judge's 

secretary for matters such as uncontested divorce cases, brief motion arguments, 

and hearings.

(B) Motion day shall be Wednesday. If a legal holiday coincides in some manner, 

the assignment clerk shall set a new motion day and provide appropriate notice.

(C) Any hearing time secured by telephone shall be cancelled if a written notice of 

hearing is not filed within seven days with a copy to the assignment clerk or judge's 

secretary, as appropriate.

(D) Any matter requiring testimony or hearings of more than 15 minutes shall be 

scheduled by the assignment clerk other than on motion day.

Rule: 2.510  Impaneling the Jury

Jurors: Term of Service.

(1) All persons summoned to appear as circuit court petit jurors shall serve a term 

of one calendar week, or for the duration of the trial, if selected to serve on a trial 

jury.

(2) During the term of the jury service jurors shall report for actual jury service 

only when so directed by the court.

Rule: 6.107  Grand Jury

(A) Grand Juries; Presentation of Petition; Granting of Petition.Local Court Rules - Circuit Courts  Last Updated  11/3/2009

(1) Petitions for a grand jury shall be presented to the chief judge, and 

submitted to the bench for decision.

(2) No such petition shall be granted except by affirmative majority action of 

the entire bench.

(B) Grand Juries; One-Person Grand Jury. If a one-person grand jury is called, the 

judge who shall act as the grand juror shall be selected by blind draw.

(C) Grand Juries; Citizens' Grand Jury; Selection. If a citizens' grand jury is called, 

the chief judge shall direct the jury board to draw the names of a specified number 

of persons to appear for selection to serve as grand jurors. A judge shall be

selected by blind draw and shall preside over the selection of a sufficient number of 

the persons to serve as grand jurors and subsequent grand jury proceedings.

Rule: 2.119  Motion Practice

(A) Examination of File. Counsel must ensure that all papers necessary to a hearing 

are in the court file and properly executed, including proof of service and notice of 

hearing, whether contested or not.

(B) No motion will be heard wherein the motion fee is due and unpaid at the time of 

the scheduled hearing unless such fee has been waived or suspended in accordance 

with the Michigan Court Rules.

Rule: 2.401  Pretrial Conferences

[Rescinded September 20, 1993]

Rule: 2.402 Facsimile Transmission of Documents

Local court rule 2.402 is rescinded, effective January 1, 2004.

Rule: 2.403 Mediation

(A) Mediators. Property division in divorce proceedings shall be heard by one 

mediator unless a greater number is ordered by the court or is requested by the 

parties at the time the case is ordered to mediation.

(B) Scheduling of Hearings. The mediation clerk may establish a monthly standard 

mediation day or days, as needed, for hearings. Cases will generally be assigned to 

such date in the month ordered by the court; provided, if the court has not 

designated a specific month for mediation, then the month assigned by the 

mediation clerk will be that which will allow sufficient time for post-mediation 

procedures prior to trial, unless the parties stipulate otherwise.

(C) Mediation Fees.

(1) If a matter is settled or adjourned but notification is not given by the parties 

to the mediation clerk until after the eighth day prior to the scheduled hearing, 

no refund of fees will be made and the mediators shall be paid their fees. Any Local Court Rules - Circuit Courts  Last Updated  11/3/2009

subsequently rescheduled hearing shall require the parties to pay an additional 

$75 per party fee.

(2) Parties qualified for waiver or suspension of fees by reason of indigency are 

not required to pay a mediation fee or late filing fee unless or until they recover 

upon a money judgment or settlement in the suit.

(3) If a party fails to pay any fees required within the time limits prescribed, the 

mediators may refuse to accept or consider the written and oral presentations 

of that party in mediating the case. The mediation clerk shall send a past due 

notice for any unpaid fees. If any fees remain unpaid after 20 days from the 

mailing of the past due notice, then the mediation clerk shall petition the court 

for an order to show cause directed to the delinquent party or counsel if the 

parties are represented by counsel. Additionally, if the party fails to pay fees or 

the late filing penalty, the panel's evaluation may include a provision that the 

party not be entitled to recovery of costs if the matter proceeds to trial. This 

provision shall not apply to any party for whom fees have been waived or 

suspended by reason of indigency.

(D) Submission of Documents. All communications among the parties and the 

mediators concerning the issues in mediation shall be made in the presence of all 

parties, or, if in writing, by immediately forwarding copies of such communication 

to other parties to the proceeding. This provision does not apply to communications 

between mediators in evaluating the case.

(E) Conduct of Hearings.

(1) At the hearing, the plaintiff's statement shall be made first and the 

defendant's thereafter, if any. Rebuttal may be made if a counterclaim is 

asserted, or, if authorized by the panel.

(2) Mediation hearings shall be subject to the same decorum and conduct rules 

as court proceedings. Any violations thereof shall be reported by the mediators 

to the mediation clerk for appropriate enforcement action. Any such action shall 

be brought before the chief judge.

(3) Attendance at mediation hearings will be limited to the mediators, the 

parties and their attorneys, and the mediation clerk unless attendance by 

others is specifically authorized by the mediation panel or by court order.

Rule: 3.208(B)  Taking of Cash Bonds and Modification of Cash Bonds in 

Friend of the Court Bench Warrant Cases.

(1) In addition to the sheriff or his deputy, court officers authorized by the chief 

judge may accept the payment of money in fulfillment of a cash bond from a person 

arrested pursuant to a bench warrant issued under MCL 552.631 or MCR 

3.207(D)(5) [MCR 3.208(B)(6)], immediately upon arrest or at any point thereafter 

prior to court appearance, subject to the conditions set forth at MCL 552.632.

(2) If the respondent is not brought before the court within 24 hours of arrest and 

is unable, thereafter, to post the required cash bond, or if the respondent cannot be 

lodged at the county jail because of a declared jail overcrowding emergency and a 

circuit judge is not readily available to arraign the respondent, a friend of the court Local Court Rules - Circuit Courts  Last Updated  11/3/2009

referee may conduct a prearraignment bond review and authorize a lower cash 

bond pending the respondent's arraignment on the bench warrant before the court.

(3) In determining whether to lower a cash bond, the referee must take into 

account factors such as the respondent's available resources and the likelihood that 

he or she will appear before the court as further directed by the referee. The 

referee is without authority to authorize release upon personal recognizance 

pending arraignment before the court.

Rule: 6.445  Probation Violations; Authority of Probation Agent to 

Apprehend, Detain and Confine

(A) Authorization to Apprehend. Probation officers assigned to the Calhoun Circuit 

Court are, pursuant to MCL 771.4, authorized without further order of the court to 

apprehend, detain, and confine any probationer of the Calhoun Circuit Court 

accused of violating a term of probation. The director and the assistant director of 

the Calhoun Community Alternatives Program Residential Probation Center may 

apprehend, detain, and confine a probationer of this court who is assigned to that 

program and who is accused of violating a term of probation.

(B) Prompt Arraignment. A probationer apprehended, detained or confined under 

this rule must be brought promptly before the court for arraignment.

(C) Written Charges and Hearing. A probationer apprehended, detained, or confined 

under this rule is entitled to a written copy of the charge, setting forth the alleged 

violation of probation, and is entitled to a hearing conducted in accordance with law 

and the court rules.

Rule: 2.119  (C) Motion Practice

Time for Service of Motion Praecipe. Except in an emergency, a motion praecipe 

must be filed at least 7 days before the scheduled hearing date.

Rule: 8.110  Chief Judge Rule

(A) Terms and Sessions. There shall be four terms of court each year beginning the 

first Monday of January, April, July, and October, unless falling on a legal holiday, in 

which case the next weekday of the month shall be the first day of the term. Each 

term of the court shall be deemed to continue from the first day of the term until 

the first day of the succeeding term.

(B) Arraignments. When the district court binds any respondent over to the circuit 

court for trial, said respondent shall be ordered to appear before the Thirty-Ninth 

Circuit Court on the Tuesday or Friday morning next following four days after the 

district court orders said respondent bound over. The appearance shall be at 8:15 

A.M. on said Tuesday or Friday.Local Court Rules - Circuit Courts  Last Updated  11/3/2009

(C) Nonsupport Orders. Nonsupport orders to show cause will be noticed at 8:30 

A.M., Monday.

(D) Motions. Motions, petitions, defaults, pro confesso, ex parte, and miscellaneous 

matters, and other short causes not requiring more than 20 minutes, shall be heard 

on Monday of each week beginning at 9:00 A.M., unless a legal holiday, in which 

case they shall be heard the following day at 9:00 A.M.

(E) Monday Matters. Monday matters will be heard by the court. If other attorneys 

are waiting, a matter being heard will be recessed after 20 minutes until all other 

matters are heard.

Rule: 1.101  Scope of Rules

(A) These rules govern the practice of the Fortieth Judicial Circuit in civil and 

criminal cases.

(B) These rules are supplemental to the Michigan Court Rules of 1985, which shall 

be controlling in the event of any conflict in the rules.

(C) These rules shall supersede all earlier local court rules of this circuit and shall 

rescind all related administrative orders of this circuit.

Rule: 1.102  Number of Rules

(A) These rules are numbered in conformity with the Michigan Court Rules of 1985 

as closely as is feasible.

(B) These rules may be cited as "LCR," i.e., this rule may be referred to as LCR 

1.102(B).

Rule: 2.119  Motion Day Practice

(A) Motion days shall be held on the first four Mondays of each month. If a Monday 

is a legal holiday, then the following day shall be motion day, unless otherwise 

designated.

(B) The chief judge shall determine on which motion days criminal matters will be 

heard.

(C) All motion day matters shall be noticed for hearing on a regularly scheduled 

motion day of the judge to whom the action is assigned.

(D) Matters may be scheduled for hearing on motion days by filing a motion 

praecipe no later than noon of the previous Thursday.

(E) Unless otherwise provided by notice published in the term calendar, criminal 

matters (including appeals), paternity, arraignments, family support matters, and 

driver's license petitions shall be noticed for hearing on assigned motion days at 

1:30 P.M.; all other matters shall be heard at 9:00 A.M.Local Court Rules - Circuit Courts  Last Updated  11/3/2009

(F) At each session of motion day, attorneys shall notify the court clerk when their 

matters are ready for hearing and those matters shall be called in the order in 

which notice is received.

Rule: 2.401  Civil Pretrial Conference Procedures

(A) Preparing for Pretrial Conference. Attorneys or parties in propria persona shall 

be prepared to participate in a pretrial conference pursuant to MCR 2.401 and these 

rules.

(B) Submitting Pretrial Statements. Each party shall submit to the court and to the 

opposing counsel, at the beginning of every scheduled pretrial conference, a pretrial 

statement that sets forth:

(1) a brief statement of the party's claims and defenses;

(2) a statement of factual issues;

(3) a statement of legal issues;

(4) citations of law in support of the party's positions including, in negligence 

actions, all statutes the other party is claimed to have violated;

(5) a statement of required amendments to pleadings and the reasons of the 

delayed request to amend pleadings;

(6) a statement of required discovery;

(7) an estimate of the time required for trials; and

(8) any other information that will enable the court and parties to conduct a 

meaningful pretrial conference.

(C) Using Forms in Lieu of Statement. Blank forms for pretrial statements for 

different types of actions shall be available in the clerk's office and may be 

completed and submitted in lieu of the pretrial statement described in subrule (B).

Rule: 2.602  Presenting Orders and Judgments for Signature of Judge

Proposed judgments and orders shall be deposited with the clerk, who will check 

them against the clerk's minutes before they are presented to the judge for 

signature; this procedure need not be followed with respect to the following 

judgments and orders:

(1) those approved by opposing counsel,

(2) those presented for signature at the same session of court, and

(3) interim support orders.

Rule: 6.100  Criminal Procedure

(A) Criminal Pretrial Conferences.

(1) Pretrial conferences shall be held in all criminal cases to be tried in circuit 

court. The purposes of a pretrial conference shall be:Local Court Rules - Circuit Courts  Last Updated  11/3/2009

(a) to determine whether the parties intend to proceed to trial or to enter a 

plea to the original charge, a lesser charge, or an added charge;

(b) to determine whether pretrial motions have been completed;

(c) to stipulate which witnesses will be called at trial and which witnesses 

will be waived, if any;

(d) to determine the number of trial days required;

(e) to determine when the case will be ready for trial and disclose any 

scheduling problems.

(2) The defendant and his or her attorney, as well as the prosecuting attorney 

or a representative, shall attend the pretrial conference. The defendant shall 

not participate in the conference, but shall be immediately available for 

consultation. Incarcerated defendants need not be present, unless required by 

the judge.

(3) Copies of the pretrial conference summary shall be available from the clerk 

on request.

(B) Arraignments and Motions.

(1) Arraignments shall be noticed for a regularly scheduled motion day of the 

judge to whom the case is assigned. The district court judge who binds the case 

over to circuit court for arraignment will ordinarily assign a date for 

arraignment. If no date is assigned, the case will automatically be noticed by 

the clerk for the next regularly scheduled criminal motion day of the assigned 

judge.

(2) A defendant represented by a lawyer may enter a plea of not guilty or stand 

mute without arraignment in accordance with the provisions of MCR 

6.101(D)(2). In such a case, the defendant shall state, in addition, what pretrial 

motions will be filed, how much time will be required to hear them, and the 

earliest date the defendant will be ready to proceed with them. A copy of the 

statement shall be served on the prosecuting attorney no later than the date 

set for arraignment.

(3) At the arraignment or on receipt of the statement required in subsection 

(2), the court shall set a date for hearing pretrial motions. Except in the 

discretion of the trial court for good cause and not as the result of failure to 

exercise due diligence on the part of counsel or the parties and in those matters 

concerning jurisdiction, no pretrial motions shall be accepted by the court for 

hearing after the pretrial conference is completed.

Rule: 2.402  Facsimile Transmission of Documents

Local court rule 2.402 is rescinded, effective January 1, 2004.Local Court Rules - Circuit Courts  Last Updated  11/3/2009

Forty-Second Judicial Circuit (Midland)

Rule: 2.402  Facsimile Transmission of Documents

Local court rule 2.402 is rescinded, effective January 1, 2004.

Rule: 2.403  Mediation

(A) All mediation procedures shall be in accordance with MCR 2.403.

(B) After a mediation order is entered, the parties must serve upon the mediation 

clerk a copy of any motion, stipulation, order, or pleading concerning scheduling.

(C) The parties may object to the form of mediation or to the composition of a 

mediation panel by following the procedures and time periods specified in MCR 

2.403(C).

(G) Mediation shall be conducted in the courthouse on the last Friday of each month 

or, by stipulation, at any other time and place convenient to the mediators.

(H) If a matter is settled or otherwise concluded, and a notice of disposition is given 

to the mediation clerk at least 14 days prior to the hearing date, any fees paid 

pursuant to MCR 2.403(H) shall be returned. Failure to notify the mediation clerk 

within the specified time shall preclude the return of fees.

Rule: 2.502  Dismissal for Lack of Progress

(A) Notice of Proposed Dismissal. If an attorney or party is directed to appear in 

court pursuant to MCR 2.502(A) in order to prevent an action from being dismissed 

for lack of progress, such appearance may be made either by letter or in person.

Forty-Sixth Judicial Circuit (Otsego Crawford Kalkaska)

Rule: 2.403  Mediation

(A) All mediation procedures shall be in accordance with MCR 2.403.

(B) After a mediation order is entered, the parties must serve upon the mediation 

clerk a copy of any motion, stipulation, order, or pleading concerning scheduling.

(C) 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. Whenever possible, the attorney in 

principal charge of the case shall delegate responsibility for attendance to another 

attorney so as to avoid adjournment.

(D) If a matter is adjourned, settled or otherwise disposed of before mediation, it 

shall be the responsibility of both counsel to immediately notify the mediation clerk 

of the disposition. If a notice of disposition or adjournment is given to the mediation 

clerk at least 7 days prior to the hearing date, any fees paid pursuant to MCR Local Court Rules - Circuit Courts  Last Updated  11/3/2009

2.403(H) shall be returned. Failure to notify the mediation clerk within the specified 

time shall preclude the return of fees; any subsequent rescheduled hearing shall 

require the parties to pay an additional $75 fee per party.

Rule: 2.402  Facsimile Transmission of Documents

Local court rule 2.402 is rescinded, effective January 1, 2004.

Rule: 3.206 Pleading

All new cases filed in the family division of the 48th Circuit Court must be 

accompanied by a completed case file information form, in addition to any other 

document or information required by statute or court rule. Forms may be obtained 

from the Office of the County Clerk.

Rule: 2.402  Facsimile Transmission of Documents

Local court rule 2.402 is rescinded, effective January 1, 2004.

Fifty-Sixth Judicial Circuit (Eaton)

Rule: 2.402  Facsimile Filing and Transmission of Court Documents

Local court rule 2.402 is rescinded, effective January 1, 2004.