D04 2015-01J: LAO Caseflow Management Plan
IT IS ORDERED:
This administrative order is issued in accordance with Michigan Supreme Court Administrative Order 2013-12.
Goals of the Court
- The court adopts the following Caseflow Management Plan to:
- Expedite the disposition of all cases in a manner consistent with fairness to all parties and what is permissible under law;
- Minimize the uncertainties associated with processing cases;
- Ensure equal access to the adjudicative process for all litigants.
- The court adopts the following Caseflow Management Plan to:
Case Processing Time Guidelines
- The court adopts this plan to comply with the time guidelines as set forth in Administrative Order 2013-12. The court will not dismiss a case for the sole reason that it is likely to exceed the guideline.
Scheduling Policy
- The court will schedule all cases or contested matters in a manner that minimizes delay for the parties and that reduces the possibility of adjournment of scheduled events. The court will control all cases from case initiation through post-disposition proceedings by:
- Appropriate case screenings;
- Scheduling conferences and orders for the purpose of achieving date certainty;
- Management of discovery and motion practice;
- Realistic scheduling of all court events.
- The court will monitor all cases and contested matters to ensure that no case exists for which a future action or review date has not been scheduled. The court will schedule all cases pursuant to the time guidelines set forth in Administrative Order 2013-12. The court will not permit a case or contested matter to remain on this court's docket in excess of the guidelines set forth in this local administrative order without immediate judicial review.
- The court will schedule all cases or contested matters in a manner that minimizes delay for the parties and that reduces the possibility of adjournment of scheduled events. The court will control all cases from case initiation through post-disposition proceedings by:
Adjournment Policy
- The court strictly adheres to MCR 2.503.
- Alternative Dispute Resolution (ADR)
- The court encourages alternative means to resolve disputes. Litigants will be provided with information regarding area dispute resolution. Cases referred to ADR shall remain open.
Pretrial Scheduling Orders
- Once a case is at issue, the Court issues a pre-trial scheduling order setting the discovery dates, witness exchange dates, motion cut-of dates, ADR dates and trial date. It also sets forth the Court's practice regarding other pre-trial matters.
Settlement or Final Pretrial Conferences
- Every action that is not disposed of through mediation, case evaluation, or other means may be scheduled for a settlement conference and conducted in accordance with MCR 2.401.
Trial Scheduling and Management
- Trial is scheduled with the issuance of the pre-trial scheduling order. Absent good cause, a motion to modify the pre-trial scheduling order must be filed within 30 days of issuance and any motion to modify the pre-trial scheduling order must explain why a modification is necessary.
- Trials involving child protective proceedings will be scheduled in compliance with the Adoption and Safe Families Act of 1997 (ASFA) and the Binsfield Foster Care Laws of 1997.
Monitoring Systems
- The court's case management system will:
- Monitor case progress;
- Generate reports for measuring pending inventory and measuring compliance with the time guidelines.
- Specific reports that will be available from the case management system are: cases with no next action date, age of pending cases, number of cases pending beyond time standards by judge, age of cases at each event, age of cases at disposition, time intervals between events, and exception reports.
- The court's case management system will: