In order to better serve the attorneys and litigants
appearing in the courtroom of Judge Matis, we have adopted the following
guidelines. Please advise your clients and staff so that there are no
Courtroom 4B, Fourth Floor - Oakland County Court House
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. Attorneys
should present copies for processing.
can mail true copies of orders to you if you provide a self-addressed
stamped envelope. If you do not attach an envelope, we will hold
your copies for seven business days. Because of space constraints,
we cannot hold them for a longer period. If not picked up, original
orders will be filed and true copies will be discarded.
Preparing for Motion Call
- JUDGE'S COPY OF MOTIONS OR BRIEFS:
Frequently, the file does not contain pleadings for a praeciped
motion. To allow the judge time to review your motion, please
deliver a copy of your motion/brief directly to the judges office by noon on the Thursday (or sooner)
before the scheduled hearing date. Be sure to print the hearing date
on the top of the first page or attach a copy of the notice of hearing or
praecipe so we know when the motion is scheduled.
Your answer or responsive brief is just as important to the judge.
Please deliver responsive pleadings by noon on Monday (or sooner) before the Wednesday
motion call. (Note: we cannot guarantee receipt of pleadings left in
the County Clerk’s Office or slipped under the
door.) Late responses may not be read by the judge.
Only the moving party may adjourn the motion. Again, due to storage
limitations, 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. We have no way of knowing which motions
will be rescheduled and which have been abandoned.
- SERVICE ISSUES: The court will not typically adjourn a
moving party’s motion based on a respondent’s claim of improper service.
The respondent should contact the moving party to ask for an adjournment
of the motion or raise service issues in the response.
Unless excused by the court, the moving party must appear for the
motion. To be excused by the court, the moving party must call
chambers by 4:00 p.m. on Tuesday and advise the clerk that the motion has
been adjourned or withdrawn.
If you were unable to timely or properly file a motion, we cannot add it
to the motion call. You may re-praecipe the motion for hearing on a
subsequent motion day. 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 Flow Management Office. Notify opposing counsel to avoid
needless trips to the courthouse.
- MOTIONS FOR
SUMMARY DISPOSITION: Please schedule motion hearing
with staff attorney for Judge Matis.
The judge may consider hearing an emergency motion at any time. Prior
to presenting the Court with an emergency motion, the moving party must
properly file the original motion with the County Clerk and schedule the
matter for the next available motion call date. The Court will not consider an emergency
motion that has not been properly filed in accordance with the court
- MOTIONS TO
SETTLE ORDERS: Present the judge with a transcript
of the proceeding in which an order was made.
- REQUESTS 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.
Attorneys must attend any scheduled conference.
- ADJOURNMENTS: No
adjournments will be granted without permission of the court and requests
must be made 2 days prior to the date. While adjournments should be
requested only when absolutely necessary, the court will consider
stipulated requests without the necessity of a formal motion provided the adjournment
does not interfere with any other scheduled dates. The stipulation
and order should state the reason for the adjournment and further should
comply with MCR 2.503.
The court clerk will issue a scheduling order following the conference.
Be sure to take your copy with you as that will be the only notice of
subsequent dates. The order will contain deadlines for discovery
cutoff, witness list exchange, mediation, and other important
information. A mediator will be named, if needed, and a trial date
will be set. Ask the clerk for the form when checking in.
- EXTENSION OF DATES IN SCHEDULING ORDER: Counsel
is encouraged to communicate and work together. Scheduled
deadlines may be extended by stipulation provided there is no interference
with mediation or trial dates. Once a scheduling order is
issued, an adjournment of trial and/or mediation requires the filing of a
Judgments of Divorce/ Trial
- MEDIATION: The court requires that all divorce cases mediate prior to
trial. The only exception to this
requirement are cases were domestic violence has occurred.
- TRIALS: Trial
dates are set at the settlement conference. Requests to adjourn
must be made by written motion. Stipulated orders may be
considered. All orders for adjournment must comply with MCR 2.503.
- TRIAL BRIEFS: Trial
briefs must be filed in all cases. Refer to Scheduling Orders for
specific requirements. Be sure to identify uncontested and contested
- SETTLEMENTS: Settlements
may be placed on the record by notifying the court clerk and requesting a
time for hearing. No written motion is required.
Prior to presenting proofs, check to be sure you have filed a Default
against the defendant. A party moving for default judgment must
schedule a hearing and serve the motion, notice of hearing, and a copy of
the proposed judgment upon the defaulted party at least 14 days before the
hearing on entry of the default judgment, and promptly file a proof of
service. MCR 3.210(4)(a)
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 an extension is permitted by the court. MCR 3.211(F).
- SPOUSAL SUPPORT: Spousal
support matters on divorces without minor children are no longer processed
through Friend of the Court.