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Honorable Fred M. Mester
In order to better serve the attorneys and litigants appearing in Judge Mester's courtroom, we have adopted the following guidelines. Please advise your clients and staff so that there are no misunderstandings.
Location
Background
Scheduling/Conference
Motion Practice
TRO/Injunction
Discovery
Pretrials
Trials
General
Location
Third Floor - Oakland County Courthouse
Telephone: 248-858-0355
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Background
Judge Mester is a graduate of Central Michigan University and Wayne State University School of Law. He has served on the Circuit Court since 1982. Previously, Judge Mester was legal counsel for Chrysler Corporation, a federal prosecutor and circuit court administrator.
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Scheduling/Conference
Automatic scheduling order once responsive brief is filed. Holds status conference only in protracted cases. Holds settlement conference 40 days after mediation; all parties must attend. Criminal Call is held on Monday mornings. Sign-in begins at 8:30 am. Attorneys are to be in court no later than 9:30 am. Court uses criminal sentence investigation. Court accepts Cobbs pleas. Allows adjournments.
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Motion Practice
Motions heard at 8:30 a.m. Wednesday. Check with clerk for check-in. Holds oral argument on all motions. Moving party sets hearing date. Summary disposition and substantive motions set by Court. The Staff Attorney sets timing deadline for responses. Responsive briefs have deadline and length limitations. Staff attorney reviews substantive motions and summary disposition.
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TRO/Injunction
Court uses MCR 3.310 and grants ex parte relief; verified complaint showing irreparable harm to the moving party. Court will accelerate briefing schedule to consolidate trial and hearing on injunction.
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Discovery
Discovery time set by scheduling order. Extension before and after cutoff by motion. Will intervene in unique problems. Court will appoint discovery master if warranted.
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Pretrials
Court uses telephone pretrials at request of both parties. Prefers to use joint final pretrial. Joint pretrial order due one week prior to trial. Court routinely involved in settlement negotiations in jury cases.
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Trials
Scheduling by Assignment Clerk. Denies adjournments. Trial briefs in civil cases due one week prior to trial; exhibits exchanged by parties; Plaintiff - numbers; Defendant - letters for exhibits. Court uses benchbook . Trials held 9:00 a.m. to 4:30 p.m. each day except Monday morning and Wednesday morning. Court requires proposed findings. Pleadings can be amended to conform to evidence 10 to 15 days after trial. Court conducts voir dire. Will consider voir dire requests; submitted one week prior to trial in writing. Submit preliminary jury instructions one week prior to trial. Final instructions at mid point. Include brief analysis of why they should be included. Jury charged after final argument. Each juror receives written instructions for deliberation and may take notes during trial.
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General
Court uses mediation. Summary jury trials with cooperation of all parties. District court appeals held Wednesdays at 11:00 a.m.
 Judicial Staff Directory (file size147k) You will need to download Adobe Acrobat Reader if it is not already installed on your system.
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