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eFiling

General Information

The Third Judicial Circuit of Michigan eFiling project is mandatory for all civil case types (including appeals) except asbestos. eFiling is in effect for all open or new cases filings.

For eFiling of documents please use the Odyssey File and Serve website at https://mi-tjc.tylerhost.net/

There are two public kiosks available in room 201 of the Coleman A Young Municipal Center for document scanning and eFiling. You must already be a registered user of the Odyssey File and Serve system prior to using this kiosk. The use of a portable (flash/thumb) drive is not allowed at the kiosk. There are no printing services available at the kiosk


eFiling Guidelines

E-Filing Code Guide for Attorneys and In Pro Per Filers

eFiling User Guide

eFiling Administrator Guide

eFiling Quick Reference Guide

eFiling Frequently Asked Questions

Michigan Court Rules

eFiling Training
eFiling training will be conducted via webinar. Please use the following link to register for training.

http://www.tylertech.com/news-events/tyler-events/client-training/odyssey-file-serve-online-training


General Rules for Use of Wayne County Circuit Court eFile and Serve

These guidelines are provided to assist you in using the Wayne County Circuit Court Odyssey File and Serve (OFS) system. They are not a substitute for the training provided by Tyler.

Administrative Order
Amendment of Administrative Order No. 2011-1
Index
Affidavit of Foreign Judgment
Answer to Complaint/Appearance
Business Court
Case Initiation
Confidential/Sealed Documents
Consolidated Cases
Court Reporter Transcript Submission
Courtesy Copies
Deadlines (eFiling)
Default
Document Size/Format
Documents that Require a Seal
Entering Case Number
Fees
Filing a Cause of Action
Filing of Garnishee Disclosure
Formatting Names
General Rules for all Filers
Help
Hyperlinks
Mandatory eFiling – Case Types
Motion Practice – General Procedures
Motions
Multiple Pleadings
Notice of Remand/Removal
Orders
Out of State Attorney
Petition for Out-of-State Subpoena
Petition to Restore, Establish, or Correct Records
Prisoner Filings
SCAO Form Motions/Orders
Self-Represented Litigants
Signatures
Structured Settlements
Subpoenas
Subsequent Filings
Summons
I. Mandatory eFiling
The Third Judicial Circuit of Michigan eFiling project is mandatory for all civil case types (including appeals) except asbestos. eFiling is in effect for all open or new cases filings.

A. Initiation. The mandatory cases must be initiated electronically.

B. Subsequent Filings. Once a case becomes a mandatory eFiling case, all subsequent pleadings must be eFiled even if the case began as a paper filing.

C. Signatures. Signatures submitted electronically shall use the format: /s/ John L. Smith

D. Document Size/Format. The court recommends that documents do not exceed 25 MB per document. If you wish to file a larger document, please create a ticket with the helpdesk (see Help below).
OFS only accepts documents in pdf format.

E. Fees.

eFile Only: $ 5.00
eFile with Service: $ 8.00
Service Only: $ 5.00


The service fee is for unlimited email addresses. DO NOT copy the Judge.

All fees are paid by debit or credit card. The court accepts all major credit cards. A 3% processing fee is added to the total amount to cover the credit card processing fees.

Statutory Fees: all statutory fees will continue to apply (motion fee, case filing fee, etc).

F. Deadlines. OFS is available 24/7 to the user. However, a filing must be submitted and accepted by the Clerk’s Office by 4:30 p.m. to be considered filed for that business day. If there is an issue regarding the timing of the acceptance of your filing, please send a ticket to helpdesk (see Help below).

G. Formatting Names.

Suffixes (Jr., III, etc) should follow user’s last name (Example: Smith, Jr)

Business names shall be entered as all capital letters (Example: GENERAL INSURANCE CORPORATION, DR. JOHN SMITH, D.V.M.)

Attorney names: do NOT use P prefix for bar number, it will cause filing to fail.

H. Entering Case Number. Case number must be typed in utilizing all dashes and letters:

Example: “12-000065-CK”


I. Hyperlinks. Internal links that point to other places within the same document are permissible in OFS. External links which point to other documents, websites, or other legal sources, will not be accepted in OFS.

J. Confidential/Sealed Documents. The Court will not accept Confidential/Sealed documents unless ordered by the court. We cannot accept confidential/sealed documents in OFS; all confidential/sealed documents must be brought to Wayne County Clerk’s Office.

K. Consolidated Cases. All pleadings filed in consolidated cases must be eFiled into each individual case.

L. Courtesy Copies. When eFiling, you may send a courtesy copy of your eFiling to a party not listed as a contact on the case (client, co-worker, adjuster, etc). The courtesy copy is free of charge; when designating a courtesy copy, separate multiple parties with a semi-colon.

M. Multiple Pleadings. Multiple filings can be submitted in one transaction also known as an “envelope”. A transaction can hold multiple lead documents and each lead document can have multiple attachments. Each submitted document will have a timestamp reflecting the date and time the Clerk’s Office accepted the filing. Service fees will be assessed on a per document basis.

N. Out of State Attorney.

1. Motion. Local counsel files Motion for Admission Pro Hac Vice. (See MCR 8.126)

2. Order. Local counsel eFiles order granting admission of out of state attorney Pro Hac Vice.

3. “P” Number. Out-of-State Attorney sends email to helpdesk@3rdcc.org indicating he/she has been admitted Pro Hac Vice. IT will assign out-of-state attorney temporary “P” number to be used to eFile documents in that case only. If attorney is admitted Pro Hac Vice on another case, the attorney must obtain a new number to be used as “P” number. The temporary “P” number is valid for only the case for which it was obtained.

4. Training. Once admitted Pro Hac Vice, attorney and any staff utilizing OFS shall take the training provided by Tyler before attempting to eFile documents. See Help below.


II. Self-Represented Litigants

A. Pleadings. Self-represented litigations must file their pleadings electronically.

B. Waiver of OFS Fees. If you qualify for a fee waiver (MCR 2.002) you may be eligible for a waiver of the OFS fees. To obtain a fee waiver, you must petition the Chief Judge (7th Floor, CAYMC), if appropriate. Once a waiver of OFS fees is obtained, you must choose “waiver” as your payment method and attach a copy of the Order waving fees to every filing for which you wish to waive fees. If you fail to attach a copy of the Order to the filing, it will result in a rejection of the filing.
C. Waiver of OFS filing requirements. A waiver of the mandatory eFiling requirement may be obtained by filing a motion with the Chief Judge, if appropriate. You must demonstrate that you do not have a computer, are unable to operate one or do not have access to a public computer, i.e., library. If the waiver is granted, all pleadings will be filed with the County Clerk’s office. You must appear at the County Clerk’s office which will scan the documents to maintain the electronic case record. You must serve all pleadings in the manner prescribed in the Court Rules, including a proof of service.

III. Business Court

A. See Notice of Business Court Implementation

B. Complaint. When filing complaint or other pleading which qualifies for the Business Court pursuant to MCL 600.8031 and MCL 600.8035, you should file the following two (2) documents as one lead document with the Notice of Assignment to the Business Court as the first page before the complaint:

1. Notice of Assignment to the Business Court.

Both #1 and #2 of the notice must be filled out for the court to accept the complaint.

2. Complaint

A party shall verify on the face of the party’s initial pleading that the case meets the statutory requirements to be assigned to the business court. MCR 2.112(O)(1). If a cross-claim, counterclaim, third-party complaint, amendment, or any other modification of the action includes a business dispute, a party shall verify on the face of the party’s pleading that the case meets the statutory requirements to be assigned to the business court. MCR 2.112(O)(1)

C. Case Type Code. Select the appropriate case type code that includes “bc” designation. Failure to use the code that contains the “bc” designation will result in the case being assigned to a general civil judge instead of a business court judge and could result in the assessment of a fine upon reassignment. NOTE – the “bc” designation is an internal tool, will not appear as part of the case number in any subsequent pleading and shall not be used as part of the case number by any of the parties.

D. All other pleadings are filed in the same manner as any other General Civil Cause of Action.

Change of Venue. If venue is changed to this court from another county and the complaint or other pleading qualifies for the Business Court pursuant to MCL 600.8031 and MCL 600.8035, the attorney responsible for paying the filing fee should prepare and email the Notice of Assignment to the Business Court referenced in B.1. to wcchangeofvenue@waynecounty.com. The subject of the email must be: “Notice of Assignment to the Business Court”. The case will not be accepted by Wayne County Circuit Court until the Notice is emailed to the address provided.


IV. Commencement of Action

A. Filing a Cause of Action. Cases are initiated with the event code “Case Filing Fee – Paid ($150.00)”. If there is a jury demand, use event code “Case Filing & Jury Trial Fee – Paid ($235.00)”. If you file a motion at case initiation, the motion fee is waived.

When initiating a case, you must add yourself as a service contact .

B. Prisoner Filings. The mandatory eFiling requirement for Civil cases is waived with respect to parties who are held in local, state, or federal jails, penitentiaries or other correctional facilities.

1. Prisoners should send paper documents to the Wayne County Clerk who shall present an order waiving the eFiling requirement to the Chief Judge for signature. The Clerk will then eFile these documents and return the signed documents to the prisoner along with a summons. Service of the Complaint remains the responsibility of the prisoner.

2. Non-prisoner parties to the case shall continue to be subject to the mandatory eFiling and eService requirements except that non-prisoner parties shall serve prisoner parties in the traditional manner and eFile proof of service.

C. Summons.

1. Initial Summons. Once a case has been initiated and accepted by the County Clerk’s office, you must produce your own summons:

a.   Go to https://www.3rdcc.org
b.   Click on eFiling
c.   Click on eSummons
d.   Follow prompts

If a new case filing is made and accepted before 4:30 p.m. M – F, the summons will be available after 5:00 p.m. on that day. This summons shall be served in accordance with court rules.

2. Extended/Second Summons. Once the judge signs an order to extend summons, you can obtain a summons with the updated expiration date in the same manner as the initial summons was obtained. This summons shall be served in accordance with the court rules

3. Summons for Amended Complaint/Third Party Complaint. If you amend a complaint to add parties or file a third party complaint, you will NOT be able to use eSummons. Once the amended complaint/third party complaint is accepted by the County Clerk’s office, you must eFile the Summons:

a. eFile the Summons using event code “Summons Not Served”.
b. Submit separate summonses for each additional defendant.
c. Once accepted by the County Clerk, the summons will contain issued date, expiration date, etc. You can access the accepted document in the “Viewed Stamped Document” section of your filing details.

Summons must be obtained and served pursuant to the Court Rules.

4. Motion to Extend Summons. See V.D.

D. Answer to Complaint/Appearance. When filing an answer to a complaint or an appearance, please add yourself in OFS as the attorney of record for the party you represent and provide an email address. Failure to do so will result in you not receiving subsequently eFiled pleadings.


V. Motion Practice

A. General Procedure.

1. Filing Motion. To obtain hearing on a motion, you must file the motion and an ePraecipe. Failure to file an ePraecipe may result in the motion not being heard.

This is a two-step process:

1.   eFile your motion
2.   File an ePraecipe. For praecipe:
      i.   Go to
      ii.   Follow Prompts

The ePraecipe will be accepted as filed, accepted with a new date, or rejected. It is highly recommended that you call the courtroom to obtain the next available date.

2. Judge’s copy. For Motions for Summary Disposition, you must deliver a Judge’s copy of the motion, response and reply to the courtroom. For all other motions, you should only deliver a judge’s copy to the courtroom if the motion/brief/attachments are 40 pages or more.

3. Proposed Orders. Do not eFile a proposed order separate from the motion before the motion hearing date. A proposed order filed separate from a motion prior to the hearing date will be rejected by the court. A proposed order attached to a motion as an exhibit cannot be signed by the judge but is for perusal only.

B. Motion for Summary Disposition.

1. Scheduling. Courtrooms vary on how they schedule Motions for Summary Disposition. Contact the individual courtroom for a date.
2. Judge’s Copy. Physical copy of motion, response and reply must be provided to the courtroom.
C. Emergency Motions (other than Temporary Restraining Order). When filing an Emergency Motion, add “Emergency Motion” to filing comments. It is good practice to call courtroom and alert them of the filing.

D. Motion to Extend Summons.

1. Filing. The filing of a Motion to Extend Summons requires the eFiling of two lead documents:

a. The first lead document is the motion with all attachments. This document will be filed by the Clerk’s Office.
b. The second lead document is the order that is reviewed by the judge. File the order as the lead document and attach to it the motion and all other necessary documents (postal search, affidavits, etc.).
2. Rejection. If you fail to attach the motion, postal search, affidavit, etc, to the second lead document, your request will be denied/rejected.

3. Obtaining Extended/Second Summons. See IV. B. 2.

E. Ex-Parte Motions and Orders.

1. Filing. The filing of a Motion for Ex-Parte Relief requires the eFiling of two lead documents:

a. The first lead document is the motion with all attachments. This document will be filed by the Clerk’s Office.
b. The second lead document is the order that is reviewed by the judge. File the order as a lead document in the same folder and add attachments which include the motion and all other necessary documents.
2. Rejection. If you fail to attach the motion, postal search, affidavit, etc, to the second lead document, your request will be denied/rejected.

F. Temporary Restraining Orders (TRO).

1. The filing of a TRO is a special filing and requires the filing of two lead documents:

a. The first lead document shall be the motion. This document will be filed by the Clerk’s office.
b. The second lead document shall be the proposed order. This order will be reviewed by the judge; attach to it the motion for TRO, the complaint and any other pleading that will assist the judge in deciding this matter.
2. The TRO eFiling should duplicate a paper filing in that you would not deliver to the Clerk the TRO without documentation. Attach to your proposed order the pleadings that the judge should review to decide your TRO request.

3. It is a good practice to call courtroom and alert them of the filing.

G. Motion for Reconsideration.

You must file the motion and an ePraecipe. You must file the ePraecipe even though you are not requesting a hearing on the motion. Failure to file an ePraecipe may result in the motion never being considered.

This is a two-step process:

1. eFile your motion.

2. File an ePraecipe. For praecipe:

a. Go to https://www.3rdcc.org/ePraecipe/ePraecipe.aspx
b. Follow Prompts
c. Because no hearing is required, follow directions in Step 3 to “enter the next business day as the Motion Date and a Motion Time of 9:00 AM”.

The ePraecipe will be accepted as filed or rejected. It is highly recommended that you inform the courtroom clerk that you have filed a motion for reconsideration.

VI. Orders and Judgments

A. Stipulated Orders. There is no event code for a Stipulated Order. Use event code “Order Accepted – Waiting for Judge’s Signature”. The order must be signed by all parties and may be electronically signed with permission

B. Order Submitted after Motion Hearing. All orders filed after a motion hearing must comply with MCR 2.602(b).

1. 7 Day Orders

a. When submitting a 7-Day Order:

i. Select the Filing Description "Notice of Presentment."

1. Add the Notice of Presentment, 7-Day Order and Proof of Service as one PDF as the Lead Document.
2. Make sure the Service Option on this filing is selected so that a copy is served to all the appropriate parties.

ii. Add a second filing with the Filing Description of "7-Day Order for Entry, Filed".

1. Add the 7-Day Order as the Lead Document on this filing (in other words, you'll be adding the 7-Day Order twice, once to each filing).
b. The first lead document will be accepted by the Clerk’s office starting the running of the 7 day period. MCR 2.602(B)(3). The second lead document will be sent to the courtroom. If no objections are filed in the 7 day period, the clerk will forward the order to the judge for signature.

c. Objections. The party objecting to a 7 Day Order must file a hearing request utilizing ePraecipe to schedule the motion and file an alternate proposed order.

C. Default. An eFiled default is not signed by the judge. It will be filed by the clerk and an unsigned copy will be returned to you. MCR 2.603(A)(1).

D. SCAO Form Motions/Orders. An SCAO form that contains a motion and an order on one page should only be eFiled one time. Once it is signed by the judge, the signed order will be forwarded to all registered parties.

E. Subpoenas. eFile the subpoena using the event code “Subpoena received – waiting for judge’s signature”. There is no fee at time of filing. Once the subpoena is signed and accepted, the document can be viewed and printed from your My Filings folder. The filer must come to the Clerk’s office to receive raised seal and pay fee.

F. Filing of Garnishee Disclosure. Effective August 1, 2014, there will no longer be a fee charged for electronically filing and serving a garnishment disclosure. In order to not be charged the E-Filing fees, you will need to set up a Waiver Payment Account within your E-File account. Video instructions on how to create the Waiver Payment Account can be found here and written instructions can be found here.

G. Status Conference Orders. Prior to the Status Conference, the court will process a Status Conference Scheduling Order. That order will be e-mailed to all attorneys who have filed an appearance in the case at the time the order is processed. Unlike an order processed utilizing Odyssey File and Serve (OFS) that is emailed to any individual that has added themselves as a contact person in the eFiling system, the Status Conference Scheduling Order is only emailed to the attorney(s) that have filed an appearance in the case (this includes the attorney that has filed the cause of action). The Status Conference Scheduling Order can also be accessed at https://www.3rdcc.org/OPA.aspx. Use the Court's Case Search to find the case, and then click on the hyperlink on the entry "Status Conference Scheduling Order, Signed and Filed". You can view and/or print the executed Status Conference Scheduling Order.

H. Court Reporter Transcript Submission. Effective August 12, 2014, there will no longer be a fee charged for electronically filing and serving of transcripts submitted by Court Reporters. In order to not be charged the E-Filing fees, you will need to set up a Waiver Payment Account within your E-File account. Video instructions on how to create the Waiver Payment Account can be found here.

VII. Notice of Remand/Removal

When filing Notice of Remand/Removal, select the filing code “Notice of Filing”.


VIII. Documents that Require a Seal

Documents that require a raised seal (writs, subpoenaes, orders, requests to seize property, etc) must be presented to the County Clerk’s Office, 201 CAYMC. There is a fee for this service.


IX. Special Proceedings and Actions


A. Structured Settlements.

1. Case code Type. All structured settlements are given the case code “PZ”.

2. Initiating. When initiating a structured settlement filing, the attorney filing the structured settlement shall list his/her name as the attorney for Petitioner. The payee shall be listed as an in pro per litigant and as a second Petitioner. The attorney filing the structured settlement shall only be listed one time and as the attorney for the Petitioner.

3. Worksheet. The attorney filing a structured settlement shall complete and eFile at least one week prior to motion hearing a worksheet provided by the court . A copy of the worksheet can be obtained by contacting Judge Stempien’s courtroom at (313) 224-5207.

B. Affidavit of Foreign Judgment. When filing an affidavit of Foreign Judgment the filer must file two lead documents:

1. Select (CZa)-General Civil - Foreign Judgment as the Case Type.

2. First lead document: select filing code of “Proposed Affidavit and Notice of Entry of Foreign Judgment, Submitted” and attach the affidavit and a scanned copy of the foreign judgment/order.

3. Second lead document: select filing code of “Affidavit and Notice of Entry of Foreign Judgment” and attach the affidavit and a scanned coy of the foreign judgment/order.

The judgment amount must be $25,000 or more and scanned certified copies of the foreign judgment/order must be attached. MCR 2.112(G)

C. Petition for Out-of-State Subpoena. A Petition to obtain a subpoena for use in an out-of-state proceeding shall be given the case code “SP” and is NOT subject to eFiling at this time.

D. Petition to Restore, Establish, or Correct Records. A Petition to Restore, Establish, or Correct Records proceeding shall be given the case code of “PC”. These proceedings do not require the naming of a defendant/respondent.

This is a two-step process:

1. After you receive the acceptance filing email notification containing the case number and Judge assignment
2. File an ePraecipe. For praecipe:

a.   Go to https://www.3rdcc.org/ePraecipe/ePraecipe.aspx
b.   Follow prompts

The ePraecipe will be accepted as filed, accepted with a new date, or rejected. It is highly recommended that you call the courtroom to obtain the next available date.

HELP

If you need technical assistance with OFS please contact:

3rd Circuit Court
Send email to helpdesk@3rdcc.org or call (313) 224-0157

Provide your name, phone number, issue and case number (if your question relates to a specific filing)

Add the following Tyler and Third Circuit court email addresses to your firm’s contacts to prevent your computer from designating Tyler as “junk mail” or “spam”:

No-reply@tylerhost.net

No-reply@3rdcc.org

No-reply_SC@3rdcc.org


Online Manuals
The following manuals can also be found as links at the court’s website, https://www.3rdcc.org/eFiling.aspx :

File and Serve user Guide
Quick Reference Guide
Frequently Asked Questions


Training
Before attempting to utilize OFS, you must take the training offered by Tyler. The training/training schedule can be found at:

http://www.tylertech.com/news-events/tyler-events/client-training/odyssey-file-serve-online-training