In order to better serve the attorneys and litigants appearing in Judge Daniel A. O'Brien's courtroom, we have adopted the following guidelines. Please advise your clients and staff so that there are no misunderstandings.
1st Floor, Courtroom 1D - Oakland County Courthouse
Motion Day Courtroom Procedures
- The combined length of any motion and brief, or of a response and brief, may not exceed 20 pages double spaced, exclusive of attachments and exhibits.
- The Courtroom will open at 8:00 am for checking in purposes. We will begin calling cases as soon thereafter as possible. Attorneys, GAL’s and PA’s - if you are appearing on more than one case, please present the Clerk with a list of your cases and we will attempt to call all of your cases together, based upon the time when you first checked-in. Please notify the Clerks when all parties are present.
- The Motion Day schedule will be posted near the Courtroom in the juvenile waiting area. Attorneys, GAL’s and all other parties will be responsible for reviewing the schedule to determine whether their case is ready for hearing. Any case listed that bears the notation “NR” is not ready for hearing. In such instances, the attorneys, GAL’s and unrepresented parties should go directly to the main Probate Court counter to pick up the file, and make sure that all missing documents are provided. Give the file to the Clerk upon check-in.
- All new Petitions on adult and minor Guardianships and Conservatorships, and all first Petitions in Estate and Trust cases will be scheduled for 10:30 am. All other cases will remain on the 8:30 am docket.
- Attorneys and GAL’s should contact the Judge’s Clerk on any case they know to be contested and will require testimony. The Clerk will then arrange for the case to be heard on a non-motion call docket. The attorneys and any necessary parties should appear in Court on Motion Day to pick up a prepared Order for Adjournment from the Clerk. Once the Order has been obtained from the Clerk and taken to the Probate Counter, there will be no need to go on the record and the parties will be released.
Trials and Evidentiary Hearings
Counsel should stipulate to as many exhibits as possible before the trial date. Exhibits should be labeled and marked by attorneys prior to trial. Both sides should use numbers, not letters, to mark their exhibits, with Defendant/Respondent's Exhibits numbers beginning with a number that follows Plaintiff/Petitioner's highest number, i.e. if Plaintiff has Exhibits numbered 1-17, then Defendant's Exhibits should begin at number 18 (or higher) and continue on. Counsel should come prepared with extra copies of all proposed exhibits.