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How to Fix? Judge sets Motion Hearing, Clerk dockets WRONG Date and Hearing Type.

Lio · December 17, 2025

Issue: Judge orally set ruling date (12/30/25), but the Clerk docketed "Pre-Trial" 6 months later (5/20/26).

Timeline:

  • 10/16/25: Filed Motion to Dismiss.

  • 11/6/25: Hearing 1. Judge adjourned to review Plaintiff's late response. Scheduled Motion for 12/10/25.

  • 12/10/25: Hearing 2. Clerk labeled it "Pre-Trial."Judge was hadn't read my Reply Brief. Scheduled Motion for 12/30/25.

  • Now: The 12/30 hearing is NOT on the docket. Instead, I received Notice for 5/20/26 (another "Pre-Trial").

The Dilemma: The Clerk seems to be the root cause, labeling "Motion" hearings as "Pre-Trial," leaving the Judge unprepared. On 12/10, I respectfully clarified the timeline of events. Judge seemed disconcerted and defensive, looking for faults in my filings, but the record supported me.

My Plan:

  1. Letter to the Clerk: request to correct docket to match the oral pronouncements.

  2. File a Motion: "Motion to Correct" may backfire. Puts pressure on Judge, who is already defensive. Could prejudice my motion ruling.

Procedure and Strategy Questions:

  1. Is a letter enough to compel the Clerk to docket the oral 12/30 date?

  2. Which is the most acceptable method: letter, motion, praecipe, or something else?

  3. Should I attach a transcript of the 12/10 hearing, or a personal affidavit, to support my request?

  4. Is there any possible advantage to leaving it be?

ARI and Stenger shouldn't get another delay gift due to these errors, especially not another 6 months. Thanks for the advice.

4 replies

  • brian · December 19, 2025

    Check out the Court Rules. There are specific rules for correcting the docket. That way, you are playing by the rules and not pointing the finger a inevitably, that is how it will be received. I always throw in a "very respectfully" before sentences where I show a mistake etc.

  • Lio · December 20, 2025

    Thanks for the reply, Mr. Parker.

    I called the judge’s office. It took some persistence, but the clerk eventually reviewed the recording of the 12/10 hearing, confirmed the error, and corrected the docket. I’ve now received the proper Notice to Appear for 12/30.

    I will post an update after the hearing.

  • brian · December 26, 2025

    Make sure you review my check lists and videos on handling your first court appearance. Stay on Message and don't be pushed off track by the other side. Fun: always refer to the other side as "the debt collector" and nothing else. Good luck and let me know what happens.

  • Lio · January 26, 2026

    Thank you very much, Mr. Parker. I used your checklists and videos on court appearances, motions, and motion hearings. Very helpful. Despite my thorough preparation, strong reply brief, and impactful oral argument, it seemed the judge had made her decision before the hearing, and quickly denied the motion. The judge explained, "while your arguments are well-formed, it doesn't warrant dismissal," ignoring my well-articulated reasoning for the alternate Motion for More Definite Statement. ARI's complaint was seriously deficient, lacking explanations or documentation. They produced deficient documentation attached to their motion response, so even if considered, they failed to prove standing, an account stated, or to amend the Complaint's deficiencies.

    At the end of the motion hearing, the judge scheduled a 60-day discovery period. I filed my answer, and I'm almost ready to serve my discovery requests. Lacking any written orders for the motion denial or a scheduling order for discovery, I decide to call the Judge's office. They say discovery began on 12/10 and no scheduling order is required. So now I'm facing another scheduling mishap, much worse this time, but probably a result of the errors I explained in this original post. See my new post: https://app.killdebt.com/community/9d244298-18d9-4fe8-ae97-46036b01c7cd/resolving-3rd-scheduling-error-in-mi-district-court

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