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A. |
Filing a Cause of Action. Cases are initiated with the event code “Complaint
Case Filing Fee – Paid ($175.00)”. If there is a jury demand, use event code “Complaint Case Filing & Jury Trial
Fee – Paid ($260.00)”. 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. Attorneys and self-represented litigants
are responsible for maintaining this information and keeping it current. Failure to keep this information current will result
in your not receiving notices from the court and eFiled materials.
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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 returns
the signed documents to the prisoner along with a summons.Service
of the Complaint remains the responsibility of the prisoner.
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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.
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C. |
CPL Appeal/Writ of Mandamus. An appeal of a notice of statutory disqualification, a failure by anyone to provide a receipt, a failure to issue a license and a cause of action for failure to provide an application kit shall be filed in the circuit court in which you reside.
This appeal must be eFiled. See eFiling instructions for how to eFile this cause of action.
1. |
Appeal of notice of statutory disqualification, failure to provide a receipt and/or failure to issue a license:
SCAO form CC 79 can be used to file a Claim of Appeal. There is a $175 fee. Filer should eFile as follows:
a. |
Details for New Case:
i. |
Case Type – select AAg (you must select this case type. Failure to select this case type will result in rejection of the filing) |
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b. |
Filing Details:
i. |
Filing Code - select “Complaint Case Filing Fee – Paid ($175.00)” |
ii. |
Lead Document – upload the fully completed Claim of Appeal
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c. |
County Clerk will review filing. If there are no errors, filing will be accepted and assigned to a Judge. If there are errors, filing will be rejected with a reason for the rejection.
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d. |
Once accepted, you must follow the court rules and statutes regarding filing a claim of appeal.
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e. |
Service. Just because you eFiled this appeal does not mean it has been served on the County Clerk. Rules regarding service can be found in the Michigan Court Rules. Personal service can be made on the County Clerk by hand delivering the documents to the Clerk in Room 211CAYMC Building (2 Woodward Ave., Detroit, MI 48226).
i. |
Print off 2 copies of your eFiled claim of appeal. The eFiled claim of appeal is the
document that contains the filed stamp and the case number. Take these 2 copies of your
claim of appeal to Room 211. |
ii. |
Copy 1 - Deliver copy 1 of the appeal to the person at the desk in Room 211. Do not just leave the appeal on the desk. You must hand deliver this copy to the person at the desk in Room 211. |
iii. |
Copy 2 - Have the person at the desk in Room 211 sign this copy. This will be your proof that you served the County Clerk. Sign the Certificate of Mailing at the bottom of this copy and eFile it as your proof of service.
FAILURE TO SERVE A COPY OF THIS APPEAL ON THE COUNTY CLERK MAY RESULT IN THE DISMISSAL OF YOUR APPEAL FOR LACK OF SERVICE. |
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2. |
Writ of Mandamus. This is a claim based on the County Clerk’s failure to provide a CPL packet.
There is a $175 fee. Filer should eFile as follows:
a. |
Details for New Case:
i. |
Case Type – select AWg (you must select this case type. Failure to select this case type will result in rejection of the filing) |
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b. |
Filing Details:
i. |
Filing Code - select “Complaint Case Filing Fee – Paid ($175.00)” |
ii. |
Lead Document – upload a fully completed Writ of Mandamus (document created by the filer). |
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c. |
County Clerk will review filing. If there are no errors, filing will be accepted and assigned to a Judge. If there are errors, filing will be rejected with a reason for the rejection.
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d. |
Once accepted, you must follow the court rules and statutes regarding filing a Writ of Mandamus.
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e. |
Service. Just because you eFiled this appeal does not mean it has been served on the County Clerk. Rules regarding service can be found in the Michigan Court Rules. Personal service can be made on the County Clerk by hand delivering the documents to the Clerk in Room 211 CAYMC Building (2 Woodward Ave., Detroit, MI 48226).
i. |
Print off 2 copies of your eFiled claim of appeal. The eFiled claim of appeal is the
document that contains the filed stamp and the case number. Take these 2 copies of your
claim of appeal to Room 211. |
ii. |
Copy 1 - Deliver copy 1 of the appeal to the person at the desk in Room 211. Do not just leave the appeal on the desk. You must hand deliver this copy to the person at the desk in Room 211. |
iii. |
Copy 2 - Have the person at the desk in Room 211 sign this copy. This will be your proof that you served the County Clerk. Sign the Certificate of Mailing at the bottom of this copy and eFile it as your proof of service.
FAILURE TO SERVE A COPY OF THIS APPEAL ON THE COUNTY CLERK MAY RESULT IN THE DISMISSAL OF YOUR APPEAL FOR LACK OF SERVICE. |
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D. |
Restoration of Right to Bear Arms. A cause of action filed to restore the right to bear arms after a felony conviction must be eFiled.
See eFiling instructions for general instructions on how to eFile this cause of action.
There is a $175 fee. Filer should eFile as follows:
1. |
Details for New Case:
a. |
Case Type – select PZf (You must select this case type. Failure to select this case type will result in rejection of the filing.) |
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2. |
Filing Details:
a. |
Filing Code - select “Complaint Case Filing Fee – Paid ($175.00)” |
b. |
Lead Document – upload the completed petition (Instructions and Petition can be found
here.) |
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3. |
County Clerk will review filing. If there are no errors, filing will be accepted and assigned to a Judge. If there are errors, filing will be rejected with a reason for the rejection.
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4. |
Once accepted, the courtroom will contact you with further instructions.
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E. |
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
The summons will be available to be created and printed after the filing has been accepted by the County
Clerk. The summons shall be served in accordance with court rules.
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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
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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. |
Summons must be obtained and served pursuant to the Court Rules.
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4. |
Motion to Extend Summons. See V.D.
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F. |
Answer to Complaint/Appearance. When filing an answer to a complaint or an appearance,
please add yourself in MiFile as a service contact on the case. Failure to do so will result in your not receiving
subsequently eFiled pleadings.
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G. |
Fee Waiver. A fee waiver shall be sought using the Fee Waiver form MC 20, which can be found at http://www.3rdcc.org/Documents/Civil/General//FeeWaiverRequest.pdf. A waiver request cannot be applied to multiple cases involving the same party – a fee waiver is only valid for the case for which it was obtained. Fees are only waived until judgment. You must obtain additional fee waivers for postjudgment proceedings.
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Complete the fee waiver form and proceed to the Courtroom of the Chief Judge, 2 Woodward Ave., 701 CAYMC, Detroit, MI.
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2. |
Present the fee waiver to the Chief Judge’s courtroom clerk for review.
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3. |
If the fee waiver is granted it will be signed by the Judge. Once signed, the fee waiver shall be eFiled with your complaint or other first filing after receiving the waiver. If the waiver is not filed with the complaint (or other document) you will be charged to file the complaint (or other document).
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4. |
First Filing. The first time you file a document that would normally require payment of a fee you must file the fee waiver. You must file the fee waiver and the complaint (or other document) as separate documents. You must eFile the entire fee waiver using the eFiling description of “Fee Waiver Request & Order, Signed and Filed”. You shall eFile the complaint (or other document) utilizing a code that provides the fee is waived. For example: Complaint Case Filing Fee – Waived - $0.00, Jury Demand Filed & Fee – WVD-$0.00, and Miscellaneous Motion, Filed – WVD - $0.00. This only applies if the filing would typically require a fee.
If you eFile the signed Fee Waiver with the complaint (or other document) instead of as a document separate from the complaint (or other document) your eFiling will be rejected.
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5. |
Subsequent filings. The waiver should only be eFiled one time. Unless otherwise ordered by the court, the waiver will be valid through the date of judgement.
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H. |
Discovery Materials. Unless a particular rule requires filing of discovery materials, requests, responses, depositions, and other discovery materials may not be filed with the court except: a) if discovery materials are to be used in connection with a motion, they must either be filed separately or be attached to the motion or an accompanying affidavit; b) if discovery materials are to be used at trial they must be made an exhibit pursuant to the court rules and c) the court orders discovery materials to be filed.
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