In order to better serve the attorneys and litigants appearing in Judge Kumar's courtroom, we have adopted the following guidelines. Please advise your clients and staff so that there are no misunderstandings.
First Floor - Courtroom 1C - Oakland County Courthouse
Fax: Not for Public Use
Judge Shalina D. Kumar was an associate of the Southfield based law firm of Weiner & Cox, PLC, specializing in complex civil litigation, medical malpractice, and wrongful death actions with extensive trial experience. Judge Kumar graduated from the University of Detroit-Mercy School of Law and with distinction from the University of Michigan with a B.A. in psychology.
Judge Kumar participates in the Electronic Data Management System. All civil cases and appeals are to be electronically filed. If your case is an eFiling case, please become aware of, and comply with, the eFiling requirements.
The Case Management Office issues an initial scheduling order for all cases. The Court permits a first adjournment extending scheduling order dates for a total of 60 days by stipulation and order. Requests for subsequent scheduling order adjournments or requests for a more lengthy extension of time must be made by motion. Such requests are not routinely granted; good cause must be shown.
Discovery motions are routinely referred to the Court's discovery master. The Court also will appoint a special discovery master to govern all discovery issues in a case upon stipulation of the parties.
General Motion Practice
Except with leave by the Court or as otherwise described herein, motions are scheduled pursuant to the local court rules and are heard every Wednesday at 8:30 a.m. The moving party sets the hearing date for all motions other than motions for summary disposition. The hearing date must be at least seven days after the motion is filed. Responses must be filed and served at least two days before the hearing. All motions must be filed in compliance with the Court's scheduling order. The Court does not allow oral argument on all motions. Only the moving party may adjourn a motion and must immediately notify chambers when a motion is being adjourned.
You must check in with the clerk when you arrive on motion day. It is within the Court's discretion whether to hear any add-on motions. The judge takes the bench promptly at 8:30 a.m. If you expect to be more than 15 minutes late, you must call chambers immediately to inform the staff. If you need to leave the courtroom for any reason, you must inform the clerk. If the non-moving party has not checked in by 9:30 a.m., the clerk may call the case and the Court may grant the requested relief.
Motions for Summary Disposition
In addition to eFiling, the Court requires the parties to deliver to chambers a judge's copy of all motions for summary disposition, responses, and reply briefs. Once the Court receives the judge's copy of the moving party's motion for summary disposition, it will issue a separate, independent scheduling order setting the briefing deadlines and the hearing date for the motion for summary disposition. If you do not submit a judge's copy of your motion for summary disposition, it will not be scheduled. The moving party must re-notice and re-praecipe its motion for summary disposition for the date set by the Court. The Court hears motions for summary disposition on Wednesdays at 10:00 a.m. All briefs must comply with MCR 2.119(A)(2). If a party's brief relies substantially on a particular case or statute, it must attach a copy to the brief.
Motions for Reconsideration; Motions for Resentencing
Generally, the Court declines oral argument for motions for reconsideration and motions for resentencing. The Court requires parties to deliver to chambers a judge's copy of all motions for reconsideration. Unless the Court orders otherwise, no response or oral argument is permitted on a motion for reconsideration.
The Court adheres to the appellate rules set forth in MCR 7.100, et seq. On applications for leave to appeal, the Court generally declines oral argument. In addition to eFiling, the Court requires the parties to deliver to chambers a judge's copy of all appellate briefs. The Court will issue a separate, independent scheduling order setting the briefing deadlines and hearing date for the appeal. The appellant then must praecipe the appellate oral argument for the date and time set by the Court. If a party's brief relies substantially on a particular case or statute, it must attach a copy to the brief.
Temporary Restraining Orders and Preliminary Injunctions
The Court strictly adheres to MCR 3.310 and will only grant ex parte relief in accordance with the court rules. The Court may accelerate the briefing schedule for motions for a temporary restraining order or a preliminary injunction if good cause is shown.
- Early Status Conferences - The Court holds early status conferences approximately 30 days after the answer to the complaint is filed. Counsel may appear by telephone with the Court's prior permission. If a party is appearing by telephone, it is responsible for contacting the Court and making telephone conference arrangements. Clients need not attend early status conferences.
- Settlement and Final Pre-Trial Conferences - The Court holds settlement and final pre-trial conferences after case evaluation. Trial attorneys, clients, and any insurance adjusters with full settlement authority MUST be physically present in the courtroom. The Court routinely becomes involved in settlement negotiations in a case with a jury trial. If the Court is unable to settle the case, it may order the parties to facilitation.
The Court hears arraignments, pre-trial conferences, pleas, sentencing, and violations of probation for defendants on bond on Tuesdays at 10:00 a.m. The Court hears arraignments, pre-trial conferences, pleas, sentencing, and violations of probation for defendants in custody on Tuesdays at 1:30 p.m. The judge takes the bench promptly at the times stated above. If you expect to be more than 15 minutes late, you must call chambers immediately to inform the staff. If you need to leave the courtroom for any reason, you must inform the clerk. The Court will accept arraignments by mail with the Court's prior permission. The Court will accept pleas made pursuant to People v Cobbs at arraignment or the pre-trial conference. It is within the Court's discretion to accept pleas made pursuant to People v Cobbs on the day of trial.
- Adjournments - Requests to adjourn trial must be made by motion and will be granted only for good cause.
- Schedule - The Court conducts trial on the following days: Mondays from 8:30 a.m. to 4:30 p.m., every other Wednesday from 1:30 p.m. to 4:30 p.m., Thursdays from 8:30 a.m. to 4:30 p.m., and Fridays from 8:30 a.m. to 4:30 p.m.
- Exhibits, Motions in Limine, and Other Pre-trial Issues - The parties are required to exchange and stipulate to exhibits in advance of trial. Exhibits must be marked by counsel prior to trial and a complete set must be submitted to the Court on the first day of trial. Plaintiff is to mark its exhibits with numbers. Defendant is to mark its exhibits with letters. If the parties are unable to stipulate to all exhibits or if the parties intend to file any motions in limine or have any other issues to bring to the Court's attention prior to trial, they must contact the Court 14 days prior to trial to obtain a hearing date. All such disputes are to be resolved before the morning of trial.
The parties are required to exchange and stipulate to pre-trial jury instructions in advance of trial. If the parties are unable to stipulate to all pre-trial jury instructions or have any other issues to bring to the Court's attention prior to trial, they must contact the Court 14 days prior to trial to obtain a hearing date. All such disputes are to be resolved before the morning of trial. In civil trials, the parties must submit nine sets of stipulated pre-trial jury instructions to the Court on the first day of trial. In criminal trials, the parties must submit fourteen sets of stipulated pre-trial jury instructions to the Court on the first day of trial. Jury instructions are to be submitted on plain paper without citation of authority or identification of the proponent.
The Court conducts basic voir dire, but allows counsel to principally conduct voir dire. The jury will be charged after closing arguments and will be allowed to take the exhibits and jury instructions into deliberations. Jurors are not allowed to take notes.