Community · questions

Resolving 3rd Scheduling Error in MI District Court

Lio · January 26, 2026

I'm facing my third scheduling error in my debt defense case, and this time, calling the judge's clerk didn't fix it. During my 12/30/25 motion hearing, the Judge verbally pronounced a 60-day discovery deadline starting from that date (completion: 2/28/26). But when I called to confirm, and ensure a written order was filed, the clerk quickly insisted that written scheduling orders are not required (contradicting MCR 2.301(A)(2)) and that the case notes show the judge pronounced discovery on 12/10/25 instead—making my deadline 2/9/26. I attended all three hearings, and discovery was never mentioned until 12/30. When I stated that my notes from the 12/10 hearing didn't indicate the discovery began, the clerk insisted my memory was wrong and refused to research further.

This creates a real problem: MCR 2.301(B)(4) requires discovery requests to allow time for response before the completion date. If the deadline is really 2/9/26, I'm already effectively late, despite the clerk also stating that it's fine to file discovery requests up until the discovery deadline, regardless of response times.

I'm considering filing a Motion to Correct Record under MCR 2.612(C) to force judicial clarification. I believe the judge is already prejudiced against me, so I'm concerned it may harm my case to do so.

I need community input: Has anyone experienced similar situations where clerk interpretations conflicted with what the judge actually said in court? How did you resolve it? What worked—and what didn't?

1 reply

  • brian · February 3, 2026

    In the video done with US Bank last week, that is what the member did-Motion to Correct in a similar situation. He won that case. The member was sure it was a bias against him. He asserted his strength through that Motion. Don't give up and stand your ground, respectfully. I assure you that knowledge of the rules wins and you will be more on top of the case than the other side-will help you win respect. Good luck. keep a paper trail of everything.

Already a member? Log in to join this discussion.

You can read every thread. Members can answer.

The people posting here are using the same tools you would be, on cases like this one.