--- name: mi-draft-order description: > This skill should be used to scaffold a Michigan proposed order or proposed judgment for a judge's signature. Triggers include "draft a Michigan proposed order", "MCR 2.602 entry of order", "7-day rule Michigan order", "stipulated order Michigan", "proposed judgment Michigan", "order on motion for summary disposition", "default judgment order Michigan", "draft an order for the judge to sign". Produces a proposed order with the caption replicated, recitals, a decretal "IT IS ORDERED" block, an effective-date / entry line, and the judge-signature line at the foot. Covers the MCR 2.602(B)(3) "7-day rule" service-and-objection path, the MCR 2.602(B)(4) stipulated / "approved as to form" path, and the rule that only a judge signs an order. Composes with `mi-statewide-format` for the caption, `mi-draft-motion` for the underlying motion, and `mi-submit-order` for the transmittal workflow. version: 0.1.0 --- # Draft a Michigan Proposed Order > **NOT LEGAL ADVICE.** This skill scaffolds a proposed order as a > drafting aid. The filer is responsible for ensuring the order > mirrors the relief the court actually granted and contains nothing > the court did not rule on. **Only a judge signs an order** — this > skill prepares the proposed form for the court's consideration; the > filer does not sign in the judge's place. Verify the current rules > and local practice before submitting. Use this skill in addition to `mi-statewide-format` when a motion, stipulation, or hearing outcome requires a **proposed order** or **proposed judgment** for the judge's signature. In Michigan, the party drafting the order presents it under **MCR 2.602**; the court signs and the order is entered when filed with the clerk. The **date of entry** starts post-judgment clocks (e.g., the 21-day periods for post-judgment motions and the appeal window). ## Cardinal rule — the order mirrors the ruling The proposed order's relief should **mirror exactly** what the court ordered. Two failure modes: - **Over-reaching**: ordering something the court did not grant — the court strikes or modifies these, and the opposing party will object. - **Under-reaching**: omitting relief the court actually granted — leaves the order incomplete and may require a corrective order. Cross-check the relief requested in the motion against the order's decretal block (`IT IS ORDERED...`) one item at a time. ## How a Michigan order gets entered — MCR 2.602(B) MCR 2.602(B) gives the court several routes to enter an order or judgment. The two the drafter most often invokes: ### The "7-day rule" — MCR 2.602(B)(3) Within **7 days after the court's decision**, the drafting party may serve a copy of the proposed order on the other parties **with a notice that it will be submitted to the court for signing** if no written objection is filed within **7 days after service**. If an objecting party files a written objection within that 7-day window, the court typically schedules the matter to settle the form of the order. If no objection is filed, the proposed order is submitted to the court for signature. Build the notice and the proof of service to match this rule (the notice language and the 7-day objection period are the load-bearing elements). ### The stipulated / "approved as to form" path — MCR 2.602(B)(4) If the parties **agree** on the form of the order, they may have it entered without the 7-day notice by having each party (or counsel) sign an **"approved as to form"** / "stipulated" line. The signatures confirm agreement with the **form**, not necessarily the result. A stipulated order still requires the **judge's signature** to take effect — stipulation does not substitute for entry by the court. > Other MCR 2.602(B) routes exist (e.g., the court may direct a party > to prepare the order, or sign at the time of the ruling). Confirm the > route the deciding judge expects; some judges and local rules prefer > on-the-record settlement of the order's form. ## Standard proposed-order structure ``` [Caption — exactly matching the motion; see mi-statewide-format. Include the case number and assigned judge.] [DOCUMENT TITLE: ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY DISPOSITION] At a session of said Court held in [County], Michigan on __________________________, 20__. PRESENT: HONORABLE ____________________________, [Circuit/District] Court Judge This matter having come before the Court on [Defendant's Motion Title], filed [date]; the Court having considered the motion, any response, the supporting affidavits and exhibits, and the argument of the parties; and the Court being otherwise fully advised: IT IS ORDERED that: 1. [Defendant's Motion for Summary Disposition under MCR 2.116(C)(__) is GRANTED / DENIED.] 2. [Specific consequential relief, e.g., "Plaintiff's Complaint is dismissed with prejudice."] 3. [Costs — taxed to ____, or "no costs, this being a [basis]."] [Optional, for a final order:] This order resolves the last pending claim and closes the case. ____________________________ [Honorable Judge Name] [Circuit / District] Court Judge [7-day rule notice OR approval-as-to-form block — see below] ``` ### Notice block for the 7-day rule (MCR 2.602(B)(3)) ``` NOTICE: This proposed order will be submitted to the Court for entry unless written objections are filed and served within 7 days after service of this notice. MCR 2.602(B)(3). [Proof of service on all parties — date and manner; see mi-statewide-format.] ``` ### Approval block for a stipulated order (MCR 2.602(B)(4)) ``` APPROVED AS TO FORM AND ENTRY: ____________________________ ____________________________ [Movant / counsel; see [Opposing party / counsel] mi-statewide-format signature block] APPROVED AS TO FORM ``` ## Recitals vs. decretal language — keep them separate Keep the **recitals** (the "having come before the Court... being fully advised" preamble that states the procedural posture) separate from the **decretal clause** (the numbered commands following "IT IS ORDERED"). The recitals describe how the matter reached the court; the decretal block states what the court commands. Do not bury operative relief inside the recitals. ## Effective date and entry An order generally takes effect on the **date of entry** — the date the signed order is filed with the clerk — not the date the judge signed or the date of the hearing. If a different effective date is required (e.g., an order made effective nunc pro tunc, or a deadline that runs from a date other than entry), state it expressly in the decretal block. Do not leave the effective date to inference. ## Default judgment order For a default judgment, the proposed order/judgment should recite the predicate findings: ``` This matter having come before the Court on Plaintiff's request for entry of a default judgment, the default of Defendant having been entered on [date], and the Court being fully advised: IT IS ORDERED that judgment is entered in favor of Plaintiff and against Defendant in the amount of $______, consisting of: a. Principal: $______ b. Interest: $______ (state the rate and statutory basis) c. Costs: $______ ``` Confirm the default was properly entered and that any required notice of the request for default judgment was served before submitting the proposed judgment. ## Composition - For format and caption: `mi-statewide-format` - For the underlying motion: `mi-draft-motion` - For the supporting affidavit/declaration: `mi-draft-declaration` - For the notice of hearing: `mi-draft-note` - For circulating under the 7-day rule and submitting the signed order: `mi-submit-order` - For the venue overlay: `mi-wayne`, `mi-oakland`, `mi-36th-district`, `mi-circuit-courts`, `mi-district-courts`, `mi-circuit-courts` ## References - `references/proposed-order-template.md` — annotated template with recitals, decretal block, and the 7-day-rule notice + approval-as- to-form lines - `references/602-entry-routes.md` — the MCR 2.602(B) entry routes, including the (B)(3) 7-day rule and the (B)(4) stipulated path - `references/default-judgment-order.md` — default-judgment recitals and entry findings