circuit court

The Honorable John C. Foster - Civil Division

 

Honorable John C. FosterJudge Foster was appointed to the Circuit Court bench on April 26, 2006 by Governor Jennifer M. Granholm. Prior to that, Judge Foster was a District Judge at the 41-B District Court, serving Mount Clemens and the Townships of Clinton and Harrison, for 15 years. He received his B.A. from Alma College, where he currently serves as a member of the Board of Trustees. He received his J.D. from the Detroit College of Law in 1977. Besides private practice, Judge Foster was Assistant, then Corporation Counsel for Macomb County until his appointment to the District Court Bench by Governor James J. Blanchard in November, 1990.

Judge Foster has been active in many community organizations, including the Salvation Army's Mt. Clemens Citadel, Clinton Township Optimists Club, Big Brothers/Big Sisters, Metro Detroit Alzheimer's Association, and is a Board Member at Peace Presbyterian Village in Clinton Township.

He and his wife, Kathy Keves-Foster, have been residents of Macomb County for over 25 years. Together, they own and operate American Elite Alpacas, an alpaca breeding farm in St. Clair, Michigan.

 

 

 

 

Contact Information Scheduling Days and Times Policies and Procedures

 

CONTACT INFORMATION

 

Macomb County Court Building
40 N. Main St, 4th Floor
Mt. Clemens, MI 48043
Telephone: (586) 469-5147

 

 STAFF:


Position

Name

Number

Secretary

Stacey A. Rautio

(586) 469-5147

Clerk

Cheryl P. Burck

(586) 469-5831

Court Reporter

Video Courtroom (contact Elaine Maki for transcripts)

(586) 307-8238

Court Officer

Deputy Susan Pomilia

(586) 469-5833

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SCHEDULING DAYS & TIMES

 ALL CASES

Trials – Tuesdays at 8:30 a.m.

Evidentiary Hearings – As scheduled by the Court

 

 CIVIL CASES

Procedural Motions – Mondays at 8:00 a.m.

Summary Disposition Motions – Mondays at 9:00 a.m.

Oral Arguments on Appeals – Mondays at 8:00 a.m.

PPO Hearings – Mondays at 8:00 a.m.

Creditors Exams – Mondays at 8:00 a.m.

Settlement Conferences – Tuesdays, Wednesdays and Thursdays at 8:00 a.m. -- ATTORNEYS AND PARTIES MUST APPEAR

Status Conferences prior to Early Disposition Settlement Conference - Tuesdays, Wednesdays and Thursdays at 8:00 a.m. -- ATTORNEYS MUST APPEAR

Early Disposition Settlement Conference - as scheduled by the Court -- ATTORNEYS AND PARTIES MUST APPEAR

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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.

BUSINESS COURT CASES

Please visit the Specialized Business Docket (SBD) website for information regarding eligibility and forms. http://www.macombcountymi.gov/circuitcourt/sbd.htm

 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 Foster. 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, Court Administration issues the standard Discovery and Case Evaluation Order. At the Status Conference prior to Early Disposition Settlement Conference, the Judge will review the dates and amend as necessary. 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.

STATUS CONFERENCES PRIOR TO

EARLY DISPOSITION SETTLEMENT

CONFERENCES (EDSC)

The attorneys attending the conference must be thoroughly familiar with the case and have the authority necessary to fully participate in the conference. The Court will discuss scheduling at this time.

 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. Call the Court to request to excuse a party’s attendance prior to 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 Foster’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

 

 DISCOVERY PROTOCOLS

 

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