Honorable Barry M. Grant

First floor - Oakland County Courthouse
Phone:  248-858-0286

In an effort to serve the attorneys and litigants appearing in Oakland County Probate Court, Judge Grant has adopted the following guidelines. Please advise your clients and staff so that there are no misunderstandings.

ORDERS PRESENTED FOR JUDGE'S SIGNATURE

PREPARING FOR MOTION CALL

PRETRIAL/SETTLEMENT CONFERENCES

TRIAL/CONTESTED HEARING PROCEDURE

ATTORNEY AND GUARDIAN AD LITEM APPOINTMENTS

ORDERS PRESENTED FOR JUDGE'S SIGNATURE

• COURT ORDERS: Please submit orders you wish to have signed by Judge Grant at the time of the hearing.  Any other order that has not been stipulated to, must be submitted pursuant to the 7-day rule. MCR 2.602
• 7 DAY ORDERS: All 7-day orders must be submitted directly to our office. All objections to 7-day orders must comply with MCR 2.602 (b)(c).  Objections are not considered received until time stamped by the Judge's clerk.
• RETURNING ORDERS: We can mail conformed copies of orders to you. Please submit a stamped, self-addressed envelope with your order. If no envelope is attached your order will be sent directly to the Estates office for entry.

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PREPARING FOR MOTION CALL

• CHECK-IN PROCEDURE: Uncontested motions are heard on Wednesday's beginning at 8:30 a.m. Pursuant to Local Court Rule 2.119(C), if the petitioning party of a motion has not checked in with the clerk by 9:30 a.m., the court may dismiss the motion on its own or adjourn the matter.
• JUDGE'S COPY OF MOTIONS OF BRIEFS: Frequently, the file does not contain pleadings for a motion. To allow the judge time to review your motion, Judge Grant requests a copy of your motion/brief be delivered to his office by the Wednesday preceding the scheduled Wednesday motion call. Please print the hearing date on the top of the first page or attach a copy of the notice of hearing so we know when the motion is scheduled.
• RESPONSIVE PLEADINGS: Your answer or responsive brief is just as important to the judge. A copy of the responsive pleadings must be delivered by the Friday preceding the scheduled Wednesday motion call.
• ADJOURNED MOTIONS: If you wish to adjourn a motion please contact the Oakland County Probate Estates Division at 248-452-0890.  The Judges clerks handle all adjournments, which are requested within 24 hours of the scheduled matter.
• EMERGENCY MOTIONS: The Judge may consider hearing an emergency motion at anytime. To be considered, please contact the Judge's research attorney as well as submitting a written petition outlining the request for an emergency motion.

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PRETRIAL/SETTLEMENT CONFERENCES

• ATTENDANCE: Attorney must attend any scheduled conference, please check in with the Judge's clerk upon arrival.
• ADJOURNMENTS: No adjournments will be granted without permission of the court. While adjournments should be requested only when absolutely necessary, the court will consider a stipulated request 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. 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 consider subsequent adjournment requests made by formal motion.

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TRIAL/CONTESTED HEARING PROCEDURE

• TRIALS: Trial dates are set at the pretrial/settlement conference. Request for adjournment must be made by written motion. Stipulated orders of adjournment may be considered unless the parties have previously stipulated to one (1) adjournment. All Orders for Adjournments must comply with MCR 2.503.
• TRIAL BRIEFS AND JUDGES COPIES: Trial briefs and Judge's copies must be filed in all cases ten (10) days prior to the scheduled trial date. Be sure to identify uncontested issues. All exhibits are to be marked prior to trial and a book of proposed exhibits must be submitted to the court with the trial brief.
• SETTLEMENTS: Settlements may be places on the record by notifying the court clerk and requesting a time for hearing. No written motion is required.
• JUDGEMENTS: Whenever possible, the moving party should present the judge with a written judgement, approved by counsel and parties who have appeared, immediately before requesting judgement. All judgements must be presented for signature no later than 21 days after the judgement is granted, unless the court permits an extension. MCR 3.211(G).

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ATTORNEY AND GUARDIAN AD LITEM APPOINTMENTS

• GUARDIANSHIP/ CONSERVATORSHIP: This office appoints guardian ad litems for alleged legally incapacitated individuals in all adult guardianship and conservatorship matters. Court appointed attorneys are also provided for all alleged legally incapacitated individuals who contest these matters.  If you are interested in any of these types of appointments, please include this on your business card submitted to the clerk.
• MENTAL HEALTH: Attorney appointments are made by this office in mental health cases for our assigned duty judge week. If you are interested in obtaining attorney appointments in mental health cases, you can sign-up on the mental health attorney sign-up sheet posted on the office door Monday 8:30 a.m. two (2) week prior to each duty judge week.
• JUVENILE MATTERS: Attorney and guardian ad litem appointments are made by this office. Those interested in an attorney or guardian ad litem appointments should submit their business card to the clerk and indicate what types of appointments are of interest. The majority of attorney appointments for juvenile delinquency and neglect matters will be handled through the Attorney Appointment Specialist Nicole Bennett.  Attorneys seeking such appointments must submit an application to Circuit Court Administration. Guardian Ad litems are appointed for juvenile cases which involve conservatorships, trusts, and decedents estates.

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