circuit court

The Honorable David F.Viviano

 

 

 

Honorable David F. VivianoDavid F. Viviano currently serves as Chief Judge of the 16th Judicial Circuit and Macomb County Probate Courts, and he sits in the Circuit Court’s Civil/Criminal Division. Since his election in 2006, Judge Viviano has participated in a number of initiatives to improve the operations of the Court. In 2008, Judge Viviano was chosen by the Michigan Supreme Court to participate in a pilot project to test reforms to the jury system in Michigan. At the conclusion of the pilot project, a number of reforms were adopted by the Supreme Court and are now being utilized by judges throughout the state. Judge Viviano has also led the Circuit Court’s efiling pilot project and is a strong advocate for technological innovation in the court system.

Prior to taking the bench, Judge Viviano worked at two nationally-recognized law firms – Dickinson Wright PLLC in Detroit and Jenner & Block LLC in Chicago – before starting his own firm in Mt. Clemens. Judge Viviano also served as City Attorney for the City of Center Line. He is a graduate of Hillsdale College (Bachelor of Arts) and the University of Michigan Law School (Juris Doctor).

Judge Viviano is a member of the State Bar of Michigan, the Macomb County Bar Association, the Italian American Bar Association, and the Illinois State Bar Association. He is also a member of the Children’s Hospital of Michigan – Macomb County Advisory Board.

David’s sister, Judge Kathryn A. Viviano, currently serves as a Judge in the Circuit Court’s Family Division. David’s father, Judge Antonio P. Viviano, served as a Probate Judge from 1993-2002, and a Circuit Judge from 2003-2010.

 

 

 

 

Contact Information Scheduling Days and Times Policies and Procedures

 

CONTACT INFORMATION

 

Macomb County Court Building
40 N. Main St, 5th Floor
Mt. Clemens, MI 48043
Telephone: (586) 493-0334

 

 STAFF:


Position

Name

Number

Secretary

Shelley LeMire

(586) 493-0334

Clerk

Michelle Zafferani

(586) 493-4984

Court Reporter

Video Courtroom (contact Rebecca Russell for transcripts)

(586) 469-5047

Court Officer

Deputy Todd Peltier

(586) 469-5442

Prosecutor

A.P.A. Jurij Fedorak

(586) 469-7296

Probation Officer

Agent Darlene Adams

(586) 466-4510

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SCHEDULING DAYS & TIMES

 ALL CASES

Trials – Tuesdays, Wednesdays or Thursdays at 10:00 a.m.

Evidentiary Hearings – Fridays at 8:30 a.m.

 

 CIVIL CASES

Procedural Motions – Mondays at 8:30 a.m.

Summary Disposition Motions – Mondays at 10:00 a.m.

Settlement Conferences – Wednesdays at 8:30 or 10:00 a.m.

Oral Arguments on Appeals – Mondays at 10:00 a.m.

PPO Hearings – Mondays at 8:30 a.m.

Creditors Exams – Mondays at 8:30 a.m.

 

 CRIMINAL CASES

Pretrials – Mondays at 1:30 p.m.; Tuesdays or Thursdays at 8:30 a.m.

Sentencings – Tuesdays or Thursdays at 9:00 a.m.

Probation Violation Hearings – Tuesdays or Thursdays at 9:00 a.m.

Review Hearings – Tuesdays or Thursdays at 11:00 a.m.

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POLICIES & PROCEDURES

 ADJOURNMENTS

Requests for adjournments may be made by motion or stipulation and will only be granted upon a showing of good cause.  The grounds for the request and a proposed new date must be stated in the motion or proposed order.

 ALTERNATE SERVICE

Requests for alternate service must be accompanied by a verified motion, proposed order, an affidavit of the process server showing reasonable efforts to make service of process, and a postal verification.

 eFILING PILOT PROJECT


As of August 3, 2011, electronic filing is mandatory for all new civil matters with “C” or “N” case-types assigned to Judges Viviano. After a new civil complaint is filed in the Clerk’s Office, subsequent pleadings must be filed electronically on the Court’s eFiling website: https://efile.macombcountymi.gov.

Filings on existing cases, on other case-types, and on cases assigned to other judges will not initially be affected by the pilot project. However, the Court plans to expand eFiling to include all of the Court’s Civil/Criminal judges in the near future. To ensure that all parties retain access to the courts, a party demonstrating good cause may be excused from mandatory eFiling.

The Court’s eFiling Pilot Project is governed by Administrative Order No. 2010-6, which was approved by the Michigan Supreme Court on December 28, 2010.

 

 EXTENDING SUMMONS

Requests to extend the summons must be accompanied by a motion and proposed order and must be submitted prior to expiration of the original summons.  Such requests will only be granted upon a showing of due diligence by plaintiff in attempting to serve the original summons.

 FACILITATIVE MEDIATION

Requests to submit a case to facilitative mediation under MCR 2.410 and 2.411 may be made by stipulation (you may use this form).  If the parties are unable to agree on a mediator, the Court will select a mediator in the manner provided by MCR 2.411(B)(3).  The Court will generally require that facilitation occur within 60 days, unless good cause is shown for an extension.

 SCHEDULING ORDERS

For most civil cases, the Court issues a standard Discovery and Case Evaluation Order setting the schedule for discovery, witness lists, dispositive motions, and case evaluation.  For the first request, Judge Viviano will permit a 60-day extension of the dates set forth in the Discovery and Case Evaluation Order by stipulation of the parties (you may use this form).  Any subsequent requests to extend the scheduling order dates must be made by motion and only will be granted upon a showing of good cause.  If a Case Evaluation Hearing has already been scheduled, the parties must pay the $150 adjournment fee prior to submitting the order for entry.

 

 SETTLEMENT CONFERENCES

The attorneys attending the conference must be thoroughly familiar with the case and have the authority necessary to fully participate in the conference.  The parties to the action must also be present unless their attendance is excused by the Court.  A request to excuse a party’s attendance must be submitted to the Clerk in writing before the conference date.  A party whose presence is excused must be available by telephone.  If a matter is resolved and an order of dismissal is entered before the conference date, the attorneys and parties need not appear for the conference.

 

 TRIAL PROCEDURES AND

 NEW JURY MANAGEMENT RULES

The Court’s trial procedures are contained in its Trial Procedure Order, which is issued when a case is scheduled for trial (a copy is here).

Effective September 1, 2011, the Michigan Supreme Court has amended several of the rules governing the conduct of jury trials. Although a majority of the new rules are discretionary with the court, and may not be applicable in every case, it is Judge Viviano’s practice to provide jurors with a reference notebook (MCR 2.513(E)); to allow jurors to take notes (MCR 2.513(H)) and ask questions (MCR 2.513(I)); and to allow juror discussion in civil cases (MCR 2.513(K)).

Trial counsel must be familiar with the amended court rules and should note changes from the former rules. Any issues that may arise concerning application of the new jury management rules may be addressed formally in a motion or informally at a Settlement or Status Conference.

 

 ORDERS

 

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