In order to better serve the attorneys and litigants appearing in Judge Pezzetti's courtroom, we have adopted the following guidelines. Please advise your clients and staff so that there are no misunderstandings.
Courtroom W-2 - Oakland County Courthouse
Judge Pezzetti is a graduate of Wayne State Law School. She has served on the Probate Court/Family Court since 2001. Prior to her service on the Bench, Judge Pezzetti was a partner at Dickinson Wright practicing in the areas of employment law, commercial litigation, school law, and media law.
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. Attorney should present copies for processing.
- Returning orders: We can mail true copies of orders to you. Please submit a stamped, self-addressed envelope large enough to return all of your requested documents. If you do not attach an envelope, the original order will be filed withthe Clerk's Office, and the true copies will be put in the pick-up box that is located in the Courtroom. After (30) days, any true copies that are left in the pick-up box will be discarded.
Preparing for Motion Call
- Check-in Procedure: Domestic and Probate motions are heard on Wednesdays beginning at 8:30 a.m., promptly. Under Local Court Rule 2.119(C), if the moving party of a praeciped motion has not checked in with the clerk by 9:30 a.m., the court may dismiss the motion on its own or upon request of the opposing party. If counsel for the opposing party in a motion praeciped for hearing has not checked in with the clerk by 9:30 a.m., the clerk shall call the case upon request of the moving party.
- Judge's Copy of Motions or Briefs: Frequently, the file does not contain pleadings for a praeciped motion. Judge Pezzetti requires a paper "courtesy copy" of your motion/brief to be delivered to her office by 4:30 p.m. the Wednesday prior to the scheduled Wednesday motion call. Please print the hearing date of your motion on the top right-hand corner of the first page marked Judge’s Copy or attach a copy of the notice of hearing or praecipe so we know when the motion is scheduled. Please remember to praecipe your motion.
- Responsive Pleadings: Answers or responsive pleasdings/briefs are just as important to the Judge. The responsive pleadings must be filed with the Clerk’s Office and delivered by 4:30 p.m. the Friday prior to the scheduled Wednesday motion call and deliver a "courtesy copy" to the Judge's Office. NOTE: We cannot guarantee receipt of pleadings left in the County Clerk's Office or slipped under the door.
- Adjourned Motions: Due to storage limitations, if you reschedule your motion, you will need to provide another "courtesy copy" to the Judge's Office.
- Inappropriately Filed Praecipes: If you improperly or untimely file a motion, we will not add it to the motion call unless both parties are present in the courtroom and agree to have the matter heard. You may re-praecipe the motion for hearing to a future Wednesday motion call date. 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 Case Management Office. Notify opposing counsel to avoid needless trips to the courthouse.
- Emergency Motions: The judge may consider hearing an emergency motion at any time. To be considered, a written motion explaining a request for an emergency motion shall be submitted to the court. The motion must be signed by the attorney/party and filed with the Clerk's Office prior to being presented to the judge for consideration. The moving party must be available by telephone or in the courtroom because the judge may require them to go on the record. If an attorney is presenting the emergency motion on behalf of his client, the attorney must be present.
- Motions to Settle Orders: The judge cannot always remember what was decided on your case. You are required to prepare a handwritten Order directly after the Judge has made her ruling on your motion. There are blank orders in the podium to expedite this process. Do not leave the courthouse without submitting your order for signing. You may not submit your order under the MCR 2.602(B)(3), the 7 Day Rule, unless the Judge orders it.
- Request for Evidentiary Hearing: 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. Requests for hearing before a referee may be made at the Early Intervention Conference without filing a motion.
- Motions for Summary Disposition: When filing a motion for summary disposition, please do not notice or praceipe the motion for hearing. The judge will issue a scheduling order and set a hearing date for the motion. Please be sure to provide chambers with a judge's copy of the motion and brief. Any questions pertaining to a motion for summary disposition should be directed to the judge's staff attorney.
- Motions relating to Personal Protection Orders (PPOs) are heard Wednesdays at 1:30 p.m. Petitions for hearings on PPOs must be set with the judge's clerk and cannot be set arbitrarily by the attorney or party.
- Petitions conservatorships, guardianships, decedents estates, and trusts will be heard on Wednesdays at 8:30 a.m.
- Motions in juvenile cases (delinquency, and abuse and neglect) are heard on Wednesdays at 8:30 a.m.
- Attendance: Attorneys and their clients must attend any scheduled Settlement Conference unless the court excuses the clients upon request of the attorneys.
- Adjournments: No adjournments will be granted without permission of the court. While adjournments should be requested only when absolutely necessary, the court will consider one (1) stipulated request without the necessity of a formal motion provided there is good cause demonstrated in the stipulation. Please provide 3 suitable dates for all parties to appear in the order. The Court will coordinate those dates with the availability on the judge's calendar. The adjournment must not interfere with any other scheduled dates. The Stipulation and Order should comply with MCR 2.503. After one stipulated adjournment has been granted, the court will only consider additional adjournments brought by formal motion.
- Scheduling Order: Scheduling Orders will be issued at the Early Intervention Conferences for divorces with minor children. In divorces without minor children, the Scheduling Orders will be issued at the first scheduled Pre-Trial date. The order will contain deadlines for discovery cutoff, mediation, witness list exchange, and other important information. A mediator must be provided on the order regardless of whether the parties have a need to utilize those services in settling their issues. When checking in withe the judge's clerk, ask for the form. After the Pretrial/Settlement Conference has concluded, please take you copy of the order with you because this may be your only notice of later events.
- Extension of Dates in Scheduling Order: It is encouraged that counsel communicate and work together. Scheduled deadlines may be extended by stipulation provided the extension does not interference with the trial dates.
Judgment of Divorce
- Trial Briefs: Trial briefs must be filed in all cases prior to the scheduled trial date. Refer to Scheduling Orders for specific requirement. Be sure to identify uncontested issues. Trial exhibits must be in three-ring binders. Plaintiff’s exhibits should be marked with numbers and Defendant’s exhibits with letters. Parties must supply exhibit notebooks for the Court, opposing counsel and the witness.
- Settlements: Settlements may be placed on the record by notifying the court clerk and requesting a time for hearing. No written motion is required.
- Default Judgments: Prior to presenting proofs, check to be sure you have filed an Entry of Default against the opposing party. You must serve the opposing party with a Notice of Entry of Default Judgment with the date that proofs will be taken. Please make sure that you have sent a copy of the Affidavit of Default, Judgment of Divorce, and Notice of Entry of Default Judgment to the opposing party. Proof of service should be filed at the time of or before taking a default judgment. MCR2.603.
- Judgments: Whenever possible, the moving party should present the Judge with a written judgment, approved by counsel and parties who have appeared, 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). The clerks, as a courtesy, will call Plaintiffs’ counsel and notify them when they can pick up their Judgment up for filing with the Clerk's Office.
- Efiling Judge Pezzetti participates in the electronic filing program (“efiling”). All divorces that do not include minor children, “DO” cases, must be efiled unless the parties are excused by written order. Along with being efiled, "courtesy copies" of Findings of Fact and Conclusions of Law and Trial briefs must be delivered to the judge's chambers. Judgments of Divorce to be efiled at least five (5) days before the hearing date when the proofs are to be taken. Information about the efiling program may be found at www.oakgov.com/clerkrod/efiling.
- Optional Service by E-mail by the Court: Pursuant to MCR 2.107(4), attorneys and parties may agree that the court can serve via e-mail upon consent of the attorneys/parties. If interested in using this option for service, please ask the judge (if on the record) or the judge’s clerk if you are eligible for this method of service by the court, and if so, for the appropriate order.