STATE OF MICHIGAN
IN THE CIRCUIT COURT FOR THE COUNTY OF GENESEE
,
Plaintiff(s),
CASE NO.
-vs-
JUDGE JOSEPH J. FARAH
,
SCHEDULING ORDER
Defendant(s).
______________________________________________________________________________
PRESENT: HONORABLE JOSEPH J. FARAH, CIRCUIT JUDGE
Pursuant to MCR 2.410, the Court considered and otherwise orders the following:
PLEADINGS: Factual issues not stated or raised in the pleadings on file are waived
unless raised within 60 days from the date of this Order. Pleadings are to be complete and in
order.
WITNESS LISTS: Witness Lists and Proof of Service must be filed on or before
. Failure to comply with this paragraph may result in the exclusion of the witness(es)
at trial or other appropriate sanctions may be imposed. MCR 2.401.
EXHIBIT LISTS: Exhibit Lists (and or stipulations as to exhibits) and Proof of Service
must be filed on or before
. All exhibits must be marked and exchanged with opposing
counsel by the settlement conference date; proof of service to be filed with the Court. Each counsel
shall seek concurrence from other counsel for introduction of exhibits. Failure to comply with this
paragraph may bar the introduction of the exhibit(s) at trial or other appropriate sanctions
may be imposed.
DISCOVERY: Discovery must be completed by
. All discovery requests are to
be made so that a timely response would be within the close of discovery. An independent medical
examination must be completed before the end of discovery, if desired, and a complete copy of the
independent medical examiner's report must be served on opposing counsel 15 days before the
end of discovery.
ALTERNATE DISPUTE RESOLUTION:
The Court has determined that this case
is appropriate for facilitative mediation in accordance with MCR 2.411. Mediation shall be
conducted in accordance with the attached Order for Mediation. The parties shall advise the ADR
clerk of the agreed upon mediator by
and mediation shall be completed by
. Parties
with authority to settle (including insurance adjusters) must attend the mediation proceedings. The
current roster of approved mediators for 7th Circuit Court may be found at
http://www.gc4me.com/departments/circuit_court_7th/adr_program.php. In the event this case is not
resolved through mediation, the case will proceed to case evaluation.
The Court has
determined that this case is not an appropriate case for mediation in accordance with MCR 2.411.
MOTIONS: Dispositive motions are to be filed and heard on or before
. All
motions for summary disposition must comply with MCR 2.116 and MCR 2.119, and must be
accompanied by written proposed findings of fact and proposed findings of law. Motions and
briefs may not exceed 20 pages and pertinent testimony must be cited within the 20 pages
of your brief. Deposition transcripts may be attached; however, page numbers must be indicated
in the motion/brief and the pertinent testimony must be highlighted within the transcript. Motions
in limine are to be filed and heard no later than three weeks prior to commencement of trial.
Failure to comply means that the brief will not be considered.
Judge Farah hears civil motions on Mondays at 10:00 a.m. Dates for dispositive
motions (including adjourned dates) must be approved by Judge Farah's office prior to filing the
motion or re-notice of hearing. Counsel should contact our office to reserve a date well in
advance of the cutoff date as Judge Farah caps the number of dispositive motions at four
per motion day. If the motion is not able to be argued until after the cutoff date, you must motion
the Court for permission to do so (or the parties may stipulate to extending the cutoff date).
CASE EVALUATION: Case evaluation will be held after
and notice will be
mailed to counsel at a later date by the ADR office. The case evaluation panel is
. In the
event there is an untimely request to adjourn the hearing date, all fees (as outlined in the Notice to
Appear for ADR Hearing) must be paid prior to entry of the order for adjournment.
The case may be sent to binding arbitration if agreed upon by all parties. This will
result in the closing of the court file for administrative purposes. The file may be reopened only for
purposes of confirming the award of the arbitrators by way of Judgment.
MANDATORY SETTLEMENT CONFERENCE: The mandatory settlement
conference will be held with Judge Farah on
at 8:30 a.m. All counsel and parties with
authority to settle are required to attend in person and are required to file and exchange
with opposing counsel the following: Final Witness and Exhibit Lists (indicating those
intended to be called to testify or be introduced at trial) and Trial Briefs. The briefs shall include
issues in dispute, legal authority upon which the party relies, as well as proposals for settlement.
TRIAL:
Jury
Non-jury trial is scheduled for
at 8:30 a.m. When
applicable, counsel shall submit proposed voir dire questions and jury instructions prior to trial.
Motions in Limine must be filed and heard on or before the Monday prior to commencement
of trial. Failure to comply constitutes a waiver. Requested Voir Dire, Verdict Form and Jury
Instructions must be provided to the law clerk at least two days prior to trial. All exhibits must be
exchanged and marked prior to the day of trial. Wireless access is available during trial. Please
contact our Court Technology Coordinator at (810) 424-4436 to gain access.
EXTENSIONS/ADJOURNMENTS: Counsel may submit for the Court’s consideration
a stipulation and proposed order to extend the cutoff dates and/or adjourn hearing dates.
Requests for extensions/adjournments must be timely filed (by stipulation or motion) and may be
granted for good cause. The extended cutoff dates and/or adjourned hearing dates must be
specifically listed in the proposed order.
ONLINE ACCESS TO DOCKET ENTRIES AND THE COURT’S SCHEDULE:
www.gc4me.com. Follow links: Departments, County Clerk, Records…
____________________________________
JOSEPH J. FARAH, Circuit Judge
Dated_______________________________
**BY LOCAL ADMINISTRATIVE ORDER: Cell phones, cameras, and recording devices are not permitted in the courthouse.
Exclusions: Attorneys with a bar card; jurors; county, city, state or federal employees or law enforcement personnel on
official business. Please advise your clients accordingly.
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STATE OF MICHIGAN
IN THE CIRCUIT COURT FOR THE COUNTY OF GENESEE
,
Plaintiff(s),
CASE NO.
-vs-
JUDGE JOSEPH J. FARAH
,
ORDER FOR CIVIL MEDIATION
Defendant(s).
_______________________________________________________________________
At a session of said Court, held in the courthouse in
the City of Flint, on the _____ day of
, 2014.
PRESENT: HONORABLE JOSEPH J. FARAH, CIRCUIT JUDGE
IT IS ORDERED:
1. On the Court’s own motion, this case is ordered to mediation/facilitation
under MCR 2.410(C). The parties shall advise the ADR clerk of the agreed upon
mediator by
by email or fax: adrclerk@co.genesee.mi.us or 810-257-0512. If the
parties do not advise the ADR clerk of the mediator agreed upon by that date, the ADR
clerk shall assign one as provided by the court’s alternative dispute resolution plan.
2. Mediation must be completed by
. The mediator shall promptly
confer with the parties to ensure completion of the mediation within the required time.
3. The costs of mediation shall be divided by the parties on a pro-rata
basis unless otherwise agreed by the parties or ordered by the court or, for persons
unable to pay for mediation, as provided by the court’s alternative dispute resolution
plan.
4. Unless otherwise ordered by the Court, the attorneys who intend to try
the case shall attend the mediation; and all parties to the action and others having
information and authority adequate for responsible and effective participation in
mediation, including settlement authority, shall attend the mediation.
________________________________
JOSEPH J. FARAH, Circuit Judge
Dated___________________________
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