Judge Patricia P. Fresard has served as a judge for the Wayne County Circuit Court since 1999. Judge Fresard has served as felony trial court judge and presently serves as presiding judge for the Civil Division, where each judge has a caseload of approximately 950 cases. She also serves on the court’s executive and strategic planning committees. Judge Fresard is a member of the Federal Bar’s diversity committee and has been active throughout her career in community service and mentorship programs, including the Inns of Court program.
Local Rules for Judge Fresard’s Courtroom
How should lawyers file an appearance in your court?
In Wayne County Circuit Court, lawyers must file a written appearance in every case.
Do you have specific requirements for orders?
All orders must be electronically filed (e-filed). Judges are concerned about the promptness of e-filed orders. The sooner the order is e-filed after a hearing, the better. With 30 to 70 motions heard on a Friday motion call, it is difficult for a judge to feel comfortable signing orders that are not promptly filed. It is also very important for orders to be specific. Do not simply include boilerplate language such as, “Pursuant to a hearing held today, this motion is granted.” Include the relevant facts, but be concise. This helps avoid additional litigation for clarification on orders.
When does an attorney need to bring his or her client to court?
Trial counsel and their clients with full settlement authority must attend the settlement conference in person unless excused by prior written order. Pursuant to our Civil Division’s scheduling orders, the settlement conference is 42 days after case evaluation. All parties attending settlement conferences must arrive fully prepared to make a good-faith effort to settle their case. Settlement conferences need to be taken very seriously. They are a great opportunity for final resolution of most issues. It is disheartening when lawyers arrive without clients.
If both sides have done their homework, the settlement conference is a great opportunity for the judge to assist in a just resolution of the case. Be very well versed on facts and figures pertinent to your case. If you are not adequately prepared, call the court and ask for a short extension. I would rather a lawyer ask for a short adjournment than arrive unprepared. I attempt to limit the number of settlement conferences per day so that I can be available to roll up my sleeves and work with lawyers and parties in making a joint good-faith effort to resolve the matter. In most instances, a judge can be a very strong neutral facilitator.
How should an attorney request an adjournment?
It depends on the circumstances. Attorneys may file stipulated orders to extend discovery up to case evaluation. A motion must be filed and heard to adjourn case evaluation. However, if there is an emergency that causes a party to be unavailable on the scheduled date, it is best to call the other side, call the court, and stipulate to a new date.
How does motion call work in your court?
Friday is motion day. There is no maximum number of motions in my court. I wish to serve as well and as efficiently as possible. I enjoy preparing for motion call and assisting lawyers in having their motions promptly heard. My staff works together as a team to sort cases in order of estimated length of time needed for hearing. We call the quickest types of hearings first. Stipulations and uncontested motions get called before discovery motions.
When attorneys arrive in the morning, they check in with our clerk with their case number. Judges need to know that both sides are present and ready to go. If you need to leave before your case is called, it is important to let the clerk know where you will be and for how long. I require counsel to touch base and try to talk over their issues before appearing before the court. Some motions for summary disposition are heard on Friday. Most summary disposition motions are heard on Tuesdays and Thursdays to give all a full opportunity to be heard at oral argument.
We have a new program to assist attorneys at no cost for consultation and recommendation on their case. This can often expedite your Friday motion work. Experienced neutral discovery mediators are now available during motion call to assist you to resolve issues. You may obtain a referral from any court to obtain consultation and recommendation. You may subsequently enter a stipulated order or go back to your court for a hearing and judicial ruling as you wish.
Are there specific requirements for hearings?
Attorneys must request and notice up hearings. If they cannot settle the case at the settlement conference, they can request an evidentiary hearing or a hearing on a motion for summary disposition. Forms and e-filed motions are required.
How about trials?
Trials are generally set on the day of settlement conference if a case does not resolve. Facilitation is best set by the attorneys before the settlement conference. The court will order facilitation before the trial date if one was not already done. Because of the volume of cases in Wayne County, almost no case goes to trial without attempting facilitation first. We aim to set most simple trials within a year of their filing date. For more complicated cases a two-year track is more reasonable. I generally don’t set trials out more than three to four months. A pretrial conference is always set about a week before trial. At this point the lawyers should be able to produce and mark exhibits, obtain necessary pretrial rulings on motions in limine, and produce and exchange final witness lists. They also address any voir dire issues.
Is there anything else you want lawyers appearing in your court to know?
Make sure that anything—even a supplement—gets to your judge within a week. I read everything. Late filings should be accompanied by a call and judge’s copy. Judges can be flexible but cannot consider information not submitted properly.