In order to better serve the attorneys and litigants in the Oakland County Circuit Court-Family Division, the family division judges have adopted the following guidelines. Please advise your clients and staff so that there are no misunderstandings.
Courtroom W2, First Floor - West Wing - Oakland County Courthouse
Orders Presented for Judge's Signature
- TRUE COPIES: Our clerks will process four true copies of each order signed, or as many true copies as there are parties, of each order signed. It is the attorney's responsibility to present copies for processing.
- RETURNING ORDERS: We can mail true copies of orders to you. If you do not attach an envelope, we will hold your copies for 14 days. If not picked up, the Court will file original orders and discard copies.
Preparing for Motion Call
- JUDGE'S COPY OF MOTIONS OR BRIEFS: Frequently, the file does not contain pleadings for a praeciped motion. Parties must deliver a copy of their motion and brief, labeled "Judge's Motion," directly to chambers. To allow the Judge time to review your motion, please deliver a copy of your motion/brief directly to the judge's chambers by noon on the Friday (or sooner) before the scheduled hearing date. Please print the hearing date on the top of the first page or attach a copy of the notice of hearing or praecipe.
- RESPONSIVE PLEADINGS: Parties must file all responsive pleadings by noon on Monday (or sooner) before the Wednesday motion call. For judicial review of responses prior to Wednesday's motion call, you must provide a copy, marked "Judge's Copy," directly to chambers. Pleadings left in the County Clerk's office may not reach chambers in time. The Court will not accept pleadings slipped under the courtroom or chamber door.
- ADJOURNED MOTIONS: If you reschedule your motion, you will need to file new judge's copies of the pleadings. All judge's copies will be discarded after motion call. A party may reschedule their motion up to three times. The Court will dismiss the motion, without prejudice, if it is not heard on the third date.
- ABANDONED MOTIONS: Unless excused b the Court, the moving party must appear for the motion. Failure to appear may result in a $100-assessed penalty, or actual attorney fees, to the moving party. To be excused by the Court, the moving party must call chambers by 4 p.m. on Tuesday and advise the clerk that the motion has been adjourned or withdrawn.
- PRAECIPES FILED LATE: The Court will not consider motions filed with untimely, or improper, praecipes. You may re-praecipe the motion for hearing on a subsequent motion day. If it is not on the motion call list, check with the Assignment Office. Notify opposing counsel to avoid needless trips to the courthouse.
- MOTIONS FOR SUMMARY DISPOSITIONS: Please schedule motion hearings with Judge Langton's staff attorney ensuring compliance with applicable procedures in the Michigan Court Rules.
- MOTIONS FOR RECONSIDERATION: Parties must provide copies of motions directly to chambers.
- EMERGENCY MOTIONS: The judge may consider an emergency motion at any time. A written petition explaining the emergency issues must be made prior to the hearing on the motions.
- MOTIONS TO SETTLE ORDERS: Present Judge Langton's staff attorney with a transcript of the proceeding in which an order was made. Requests to review the videotape of an earlier hearing must be made prior to the hearing on the motion.
- REQUESTS FOR EVIDENTIARY HEARING: Parties must file a motion requesting an evidentiary hearing before the Judge to resolve factual disputes. Requests for hearing before the referee may be made at the Early Intervention Conference.
- ATTENDANCE: Attorneys must attend any scheduled conference. The Court will enter a scheduling order for the first trial date in DO cases and the first settlement conference in DM cases, unless the parties present a signed consent judgment or place proofs on the record. The Court excuses client attendance at the first hearings in those case classifications only. Clients and attorneys must appear at all subsequent hearings.
- ADJOURNMENTS: No adjournments will be granted without permission of the Court. If granted, parties must present a stipulation, with new dates obtained from the court clerk at least two days prior to the originally scheduled date. The Court may initially consider stipulated requests without the necessity of a formal motion. The stipulation and order should state the reason for the adjournment and comply with the Michigan Court Rules.
- SCHEDULING ORDER: The court clerk will issue a scheduling order following the conference. Your copy will be the only notice of subsequent dates. The order will contain deadlines for discovery cutoff, witness list exchange, mediation, and other important information. The Court will name a mediator, if necessary, and set a trial date.
- EXTENSION OF DATES IN SCHEDULING ORDER: The Court encourages communication and cooperation between attorneys and parties. Once the Court issues a scheduling order, adjournments or extensions of dates require a motion.
Judgments of Divorce
- TRIALS: The Court sets trial dates at the settlement conference. Parties must make adjournment requests by written motion compliant with the Michigan Court Rules. Stipulated orders may be considered. The Court will enforce all requirements regarding exhibits, witness lists, etc. set forth in its scheduling order.
- TRIAL BRIEFS: Parties must file trial briefs, identifying uncontested and contested issues, in all cases. Refer to the scheduling order for specific requirements.
- SETTLEMENTS: Parties may place settlements on the record, without written motion, by notifying the court clerk and requesting a hearing time.
- DEFAULT JUDGMENTS: A party must file and obtain a default against the non-moving party before presenting a default judgment to the Court. A party seeking a default judgment must comply with all applicable court rules prior to appearing in court for the default judgment hearing.
- JUDGMENTS: When requesting entry of a consent judgment, the moving party should present the judgment to the clerk when they arrive at Court. Parties must submit all other judgments for signature no later than 21 days after the judgment is granted, unless the Court specifies a different time.