Honorable James M. Alexander

In order to better serve the attorneys and litigants appearing in Judge Alexander's courtroom, we have adopted the following guidelines. Please advise your clients and staff so that there are no misunderstandings.

Location

Orders Presented For Judge's Signature

Returning Orders

Adjournments

Ex Parte Orders

Pretrial/Settlement Conference

Attendance

Scheduling Order

Extension of Dates in Scheduling Order

Discovery

Mediation

Judgment of Divorce

Trials

Motions

Attorney and Guardian Ad Litem Appointments

Form of Pleadings and Other Papers

Special Note

Location

Location: Fourth Floor - Oakland County Courthouse
Telephone:  248-858-5284

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Orders Presented For Judge's Signature

True Copies

Our clerks will be happy to process four true copies of each order signed, or as many true copies as there are parties, whichever is greater. Parties should present copies for processing with the proper Judge's name and sticker.

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Returning Orders

We can mail true copies of orders to you.  Please submit a stamped, self-addressed envelope with your order.  If you do not attach an envelope, we will hold your true copies for one week. Because of space constraints, we cannot hold them for a longer period.  If not picked up, the original order will be filed and true copies will be discarded.

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Adjournments

No adjournments will be granted without permission of the court MCR 2.503. While adjournments should be requested only when absolutely necessary, the court will consider one (1) stipulated request PER CASE without the necessity of a formal motion provided there is good cause demonstrated in the stipulation, and the adjournment does not interfere with any other scheduled dates.  Attorneys should obtain a new date and time from the clerks prior to submitting the stipulation for signature.  The Stipulation and Order should comply with MCR 2.503.  After the parties have stipulated to one (1) adjournment in a case, the court will only consider subsequent adjournment requests made by formal motion at least two weeks prior to the scheduled trial date. If a conflict arises with another trial, counsel should immediately contact the Court Clerk pursuant to MCR 2.501(D).  Adjournments will not be granted for schedule conflicts with a lower court matter or for the ten oldest cases on the docket (unless good cause is shown). Adjournments are generally not granted if not requested prior to the scheduled hearing date.

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Ex Parte Orders

This Court will rarely sign ex parte orders when there are attorneys on both sides. Temporary orders providing for child support, custody, or visitation pursuant to MCL 722.27a; MSA 25.312(7a) must be brought by m otion. Ex Parte motions will not be granted unless specific reasons are included as to why the motion should be granted ex parte. Custody or parenting time orders should contain the 100-mile provision language.  Status Quo orders should be specific as to what is to be maintained.  Injunction orders must be mutual and contain language allowing for the necessities of life (If the order refrains from touching, selling, concealing, etc. of monies, it must also state except for the necessities of life in the ordinary course of business).  Exclusive use of the marital home must be brought by motion. Attorney fees of $350.00 may be requested ex parte, further fees must be requested by motion.

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Pretrial/Settlement Conference

DM Cases
The Court holds a Status and Scheduling Conference in divorce matters with children.  The purpose is to discuss future proceedings and possible amendments to the pleadings; to determine an appropriate schedule for the case; to help define the issues in dispute; and, to determine the discovery necessary to address those issues. This Court expects that discovery will have been commenced prior to the settlement conference. If there are pending discovery disputes, this Court may enter an order that moots pending motions or negates the necessity of filing a discovery motion over matters then contested. This Court also uses the conference to identify discovery that must precede a motion, in an effort to avoid premature motions. At the parties' request, or, on the Court's own initiative, additional settlement conferences may be held, including half or full day conferences. Friend of the Court support guidelines must be run by counsel prior to their appearance at the scheduling conference and be available to the Court.

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Attendance

Attorney AND clients must attend any scheduling conference. Both counsel and clients should be prepared for serious settllement discussions.

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Scheduling Order

The court will issue a scheduling order following the conference and requires a joint final trial order. Be sure to take your copy with you.  This may be your only notice of subsequent events.  The orders will contain deadlines for discovery cutoff, witness list exchange, mediation, and other important information.  A mediator will be named, if needed, and the trial date will be set.  You can assist the court by preparing the form order in advance. Ask the clerk for the form when checking in.  If you do not stipulate to a mediator the court will choose one from the approved list only.

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Extension of Dates in Scheduling Order

We encourage counsel to communicate and work together.  Scheduled deadlines may be extended by stipulation provided there is no interference with mediation or trial dates. Deadlines will not be adjourned for scheduled conflicts with a lower court matter or because mediation has not been held.  The Court will not adjourn dates, or allow additional time, after a date has passed.

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Discovery

The Court will make itself available by telephone, on short notice, in order to resolve discovery disputes expeditiously and without the need for motions.  This Court has a standard scheduling order entered on DM cases and as needed with prior approval of the Court in DO cases.

Extensions of Discovery
The standard scheduling order requires that the parties' exchange witness lists within a specific timeframe.  The discovery cutoff date is set at the scheduling conference.  Parties may be given additional time after the scheduling conference to complete discovery depending upon the type of case. It is expected, however, that discovery will have been commenced prior to the settlement conference. Requests for extensions must be made by written motion. After the discovery cutoff, discovery will almost never be extended. Although the Court rarely strikes or limits expert testimony, it will do so where a party fails to provide a report, except for rebuttal witnesses. Any witness that is not named will not be allowed to testify at trial. Other requests for extensions must be made by written motion.  One 60 day extension of summons will be granted upon a showing of good cause.

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Mediation

The parties are encouraged to employ an experienced mediator to help resolve the litigation.

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Judgment of Divorce

Settlements
Settlements may be placed on the recored by requesting a time for hearing. Please do not file a motion and set a date for Wednesday. Your motion will be moved to another day.

Reconciliations
30 days upon stipulation for adjournment; no additional time will be granted unless good cause is shown. Case may be dismissed an reinstated upon stipulation within 90 days without costs if dismissal has required language. Otherwise, a formal reinstatement motion must be brought before the court.

Binding Arbitration
No proofs will be taken until judgment is presented; pre-trials will be required by the Judge between the time a case goes into arbitration and until judgment is taken.

Bankruptcies
Bankruptcies do not stay the divorce proceeding. Judgment can be entered on all matters except property. Specific procedures must be followed to notify court of filing for bankruptcy.

Default Judgments
Prior to presenting proofs, check to be sure you have filed a Default Application against the Defendant. You must give notice of your intent to take a Default Judgment. Proofs of service should be filed before taking a default judgment. MCR 2.603.

Format
Whenever possible, the moving party should present the judge with a written judgment, approved by counsel and parties, immediately before requesting judgment. All judgments must be presented for signature no later than 21 days after the judgment is granted, unless the court permits an extension. MCR 3.211 (G). Judgments must comply with MCR 3.211 as to the required statutory language.

Waiving Balance of Statutory Waiting Period
This Court will waive the six (6) month statutory waiting period in divorce matters with children if the proper proofs are placed on the record. Please review the statute for the necessary burden.

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Trials

Trial dates are set at the pretrial/settlement conference.  Trials are scheduled for dates certain.  The Court makes every effort to conduct trials expeditiously.  The trial schedule will vary from case to case, but generally the Court will start between 8:30 and 9:00 a.m., and go until 4:30 to 5:00 p.m.  An hour  and a half is provided for lunch, and several breaks are held during the course of the day.  The Court expects that counsel will plan the availability of their witnesses accordingly, so that the trial can move expeditiously.  Thus, counsel is cautioned to alert the Court of matters that should be addressed before or after the trial day, or over lunch breaks.

DO Cases
In divorce matters without children, the Court considers the first trial date as certain unless good cause is shown to consider it a settlement conference. A pretrial may be scheduled at the request of the parties at any time up to one (1) week prior to the scheduled trial date. Any requests to have a scheduling conference on a DO case must include the specific issues why a pretrial is necessary.

Trial Briefs
Trial briefs must be filed in all cases seven (7) days prior to the scheduled trial date.  Failure to file Trial Briefs in cases that go to trial will result in a minimum sanction of $250.00 Dollars against the offender. Refer to Scheduling Order and Joint final Triial Order for specific requirements.  Be sure to identify uncontested issues.  All exhibits are to be marked (Plaintiff - numbers; Defense - letters) prior to trial and a book of proposed exhibits must be submitted to the court with the trial brief.  The Court may retrain custody of the exhibits during trial depending upon the type of case, the wishes of counsel and the types of exhibits involved. The Court will allow multiple counsel for one party.  The Court prefers that counsel request permission to approach a witness and to approach the bench.  If a party has a genuine need to file a motion or response in exces of the page limits, an ex parte motion explaining the need to do so must be filed. A party may not circumvent page limit requirements by changing font size or by briefing distinct issues separately. For example, the Court will construe two separately briefed motions for summary judgment as one motion. As a result, the supporting briefs may not exceed a total of 20 pages unless the Court has given permission. The Court encourages the use of a bench book.

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Motions

The parties are encouraged to present a proposed order for signature that day.  The court may not allow oral argument on all motions--none on reconsideration motions unless with prior approval. Moving party sets the hearing date for motion (except summary disposition).  Requests for adjournments from the non-moving party must be submitted to the moving party.

Judge Alexanders research attorney reviews all dispositive motions and all appeals.  Sizeable exhibits are to be bundled separately from the motion and brief.  Add-ons allowed but dependent on docket and length of motion and are at the discretion of the Judge.

Judges Copy of Motions of Briefs
MCR 2.119 requires a copy of your motion/brief to be delivered directly to his office. The judge's copy must be clearly marked JUDGE'S COPY on the cover sheet; that notation must be handwritten along with the hearing date and time.

Responsive Pleadings
Your answer or responsive brief is just as important to the judge as it is to you. A copy of the responsive pleadings must be delivered by 4:30 p.m. the Friday preceding the scheduled Wednesday motion call for ample time to be reviewed.  NOTE:We cannot guarantee receipt of pleadings left in the County Clerks Office or slipped under the door.  Faxed copies are only allowed with prior approval.

Adjourned Motions
This court believes it is becoming a far too common practice for moving parties on motions to fail to advise our chambers when a motion has been dismissed, adjourned, or settled. MCR 2.119(E)(4)(b) states, Unless excused by the Court, the moving party must appear at a hearing on the motion.  A moving party who fails to appear is subject to assessment of costs under subrule (E)(4)(c); in addition, the Court may assess a penalty not to exceed $100, payable to the Clerk of the Court."

Judge Alexander will enforce this rule. If chambers is not notified by 4:00 p.m. the Tuesday prior to a scheduled motion that the praecipe is being dismissed, adjourned or settled, the Court Rule shall be considered violated and costs will be assessed against the moving party.  Acceptable notice can be made by telephone or in a faxed writing. Notice is not considered proper by filing a re-praecipe with the Clerk's office only. Motions may only be adjourned a total of two times. Thereafter, the motion must be updated and refiled. Due to storage limitations, if you reschedule your motion, you will need to file new judges' copies of the pleadings. All judges' copies will be discarded after motion call.

Seven (7) Day Order Objections
If objections are filed in response to a 7 day order, please refer to revised court rule MCR 2.602. If objections are filed, a copy of the transcript needs to be ordered and the transcript brought to the judges court no later than the Monday morning prior to the motion date.  Costs to be assessed to the losing party.  This Court will not hear the objections without a transcript. If you did not timely or properly file a motion, we will not add it to the motion call.  You may re-notice the motion for a subsequent motion day.  Be sure to check the legal newspapers to find out if your motion is scheduled.  If it is not on the call, check with the Assignment Office.  Please notify opposing counsel to avoid needless trips to the courthouse.

Emergency Motions
This Court will consider hearing an emergency motion at anytime. To be considered, a written petition explaining a request for an emergency motion shall be submitted to the court. If you have an issue that involves a factual dispute, you must file a motion in order to request an evidentiary hearing before the judge. 

Evidentiary Hearing Requests
If you have an issue that involves a factual dispute, you must file a motion in order to request an evidentiary hearing before the judge.

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Attorney and Guardian Ad Litem Appointments

Please refer to Supreme Court Administrative Policy Memorandum 2003-05 and MCR 8.123 and Oakland County Administrative Orders.

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Form of Pleadings and Other Papers

This Court will pay strict adherence to MCR 2.113, especially captions, names of parties, and paragraphs.  Additionally, MCR 1.109 states all pleadings and other papers prepared for filing must be on good quality paper not exceeding 8 ½ inches wide by 11 inches long. Court clerks will reject nonconforming papers.

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Special Note

The Court is available for telephone conferences and office conferences by arrangement with the Clerks or Secretary.  Do not wait until an issue becomes an emergency before seeking the Court's assistance.
The Court strictly adheres to common rules of decency and civility and will not tolerate anything less than that on the part of counsel, in their treatment of staff, witnesses, jurors and opposing counsel and parties.
Rather than using boilerplate recitations of the summary judgment standard or string citations to well established legal principles; parties should focus their analyses on a few well-chosen cases, preferably recent and from controlling courts.  If unpublished opinions or opinions published only in specialty reporters are cited, copies of these cases must be submitted along with the briefs.
Anyone appearing in courtroom #4B before the Honorable James M. Alexander must be dressed appropriately. Those dressed inappropriately risk having their case not heard or be removed from the courtroom.  If you have any questions, please see a clerk.
Cell phones are never to be answered in the courtroom.  Cell phones, pagers or any electronic devices with an alert notice are to be turned off prior to entering the courtroom.

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