DISTRICT COURT UPDATE
Summons Article, February 2005
written by
Hon. M. Randall Jurrens

DISTRICT  COURT  UPDATE

 

 

As required by Michigan Supreme Court Administrative Order 2003-7, the 70th District Court has unanimously adopted a new caseflow management plan (superseding the court’s 1993 plan).  For those so inclined, a copy of the new plan, in its entirety, is available upon request.  For those less inclined, this month’s update provides an executive summary.

 

In broad terms, the plan purposes to expedite disposition of cases in a manner consistent with fairness, minimize uncertainties associated with processing cases, assure equal access to the adjudicative process, ensure resolution of matters is guided by what is permissible under law by defined standards of service, and enhance the quality of litigation.

 

Specific highlights of the plan include the following final disposition standards: 

 

(A)  Civil Proceedings

(i)         general civil:  90% within 273 days from filing date

            (ii)        landlord-tenant / small claims:  100% within 126 days

 

(B)              Criminal Proceedings

(i)         misdemeanors:  90% within 63 days of first appearance

(ii)        felonies:  100% within 14 days of arraignment unless good cause is shown on the record (see MCL 766.7; MCR 6.110(B)(1))

 

(C)              Civil Infractions:  90% within 35 days of filing date

 

Given the time constraints these guidelines impose (and which the state court administrative office monitors each judge for compliance), litigants and counsel may better understand judges’ collective reluctance to freely grant requests for adjournment.

 

In this regard, it is worth noting that, although not new (although periodically overlooked), the plan includes an adjournment policy consistent with MCR 2.503:  i.e.  requiring  a written (or oral) motion (or stipulation) based on good cause, stating the party requesting the adjournment, the reason for it, whether other adjournments have been granted, and a statement whether it is the first or a later request (e.g. “Plaintiff’s Request for Second Adjournment”). 

 

Finally, the plan acknowledges that successful implementation requires the court “periodically consult with internal and external stakeholders (including court staff, county commissioners, prosecutor, sheriff and local bar)”.  Please contact Chief Judge Tarrant if you would like an invitation to be on the team.

 

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