--- name: mi-submit-order description: > This skill should be used after a Michigan hearing, when the judge has ruled and the prevailing party needs to prepare and submit a proposed order for entry under MCR 2.602(B), or when the court directs a party to submit an order reflecting an in-court ruling. Triggers include "submit a proposed order Michigan", "MCR 2.602 7-day rule", "entry of order Michigan", "approved as to form Michigan", "transmit order to judge Michigan", "the judge told me to draft the order", "Michigan order after hearing", "stipulated order Michigan", "serve a proposed order on the other side Michigan". Covers the two MCR 2.602(B) entry paths — the (B)(3) 7-day rule and the (B)(4) stipulated / approved-as-to-form path — plus the transmittal cover and the 7-day-rule service plan. version: 0.1.0 --- # Post-Hearing Proposed-Order Submission (Michigan) > **NOT LEGAL ADVICE.** This skill helps draft and submit the > proposed order. The wording must reflect the judge's actual > ruling. Verify the filing court's local rules and the judge's > practice on order submission before transmitting. Use this skill after a Michigan court hearing when: 1. The judge **ruled from the bench** and directed a party (usually the prevailing party) to prepare the order; or 2. The court issued a ruling **conditioned** on a proposed order being submitted; or 3. The parties **agreed** to a result and need to memorialize it in a stipulated order. ## Entry of orders — MCR 2.602(B) Michigan does not allow a party to simply mail a proposed order to the judge for signature. **MCR 2.602(B)** prescribes how an order or judgment is entered. The four methods are: - **(B)(1)** — the court signs the order **at the time of the ruling**; - **(B)(2)** — the court directs counsel to prepare the order and the court signs it once settled; - **(B)(3)** — the **7-day rule** (the default self-help path); and - **(B)(4)** — the **stipulated / approved-as-to-form** path. This skill covers the two paths a self-represented party most often drives: the **(B)(3) 7-day rule** and the **(B)(4) stipulated** path. ## Path A — the 7-day rule (MCR 2.602(B)(3)) When the court has not signed the order in court and there is no agreement, use the 7-day rule: 1. **Prepare the proposed order** reflecting the ruling (see `mi-draft-order`). 2. **Serve the proposed order on all other parties**, with a notice stating it will be submitted to the court for entry **if no written objection is filed and served within 7 days after service**. 3. **The other parties have 7 days** to either (a) file and serve a **written objection**, or (b) file and serve a **competing proposed order** with a notice of hearing. 4. **If no objection is timely filed**, submit the proposed order to the court for entry **with proof of service** showing the order was served and the 7 days have run. 5. **If an objection or competing order is filed**, the court resolves the dispute (often at a hearing); the judge enters the order the court determines is correct. Compute the 7-day period under MCR 1.108 and add the MCR 2.107(C) service add-on if the service method requires it — see `mi-deadlines`. The objection window runs from **service**, not from the hearing date. ### 7-day-rule service plan (the deliverable) ``` 7-DAY-RULE SERVICE PLAN — MCR 2.602(B)(3) Case: [Short title], Case No. [Number] Court: [___] Circuit / District Court, [County] County Proposed order: [Title of order] 1. Date proposed order served on all parties: [DATE] 2. Method of service (MCR 2.107): [e-Filing / mail / ...] 3. Service add-on, if any (MCR 2.107(C)): [+N days] 4. Objection / competing-order deadline: [DATE = #1 + 7 + add-on] 5. Parties served (name + address / e-service): - [Party] — [how served] - [Party] — [how served] 6. On/after the deadline, if NO objection filed: submit proposed order + PROOF OF SERVICE to the court for entry. 7. If an objection or competing order IS filed: do NOT submit; the court resolves it (hearing if set). ``` Attach the **proof of service** to the submission. Without it the clerk cannot confirm the 7 days ran. ## Path B — stipulated / approved as to form (MCR 2.602(B)(4)) If all parties agree, the order may be entered under (B)(4) when it is **signed (or e-signed) by the parties or their attorneys** and bears a statement that it is **stipulated to** or **approved as to form and content**. No 7-day waiting period is needed — the agreement substitutes for the objection window. - **"Approved as to form and content"** means the party agrees the order both reads correctly **and** reflects the agreed result. - **"Approved as to form only"** means the party agrees the language accurately states the ruling but does **not** agree with the substance — useful where the court ruled against a party who still concedes the order is worded correctly. ``` IT IS SO ORDERED. _____________________________ Hon. [Judge's Name] (P#####) [Circuit / District] Judge STIPULATED / APPROVED AS TO FORM AND CONTENT: ____________________________ ____________________________ [Party / Counsel] (P#####) [Party / Counsel] (P#####) [Attorney for / Self-Represented] [Attorney for / Self-Represented] ``` ## Cardinal rule — the order reflects the ruling The proposed order must reflect exactly what the judge said. If the ruling is ambiguous: - **Review the record** (request the recording or transcript from the court reporter / recorder); - **Confer with the other parties** on the proper wording; - **Do not embellish** — if the court did not address a sub-issue, do not slip a finding in. ## Who signs Only the **judge** signs the order into effect — the signature line is the judge's, with the bar (**P-number**) shown. Parties and counsel sign only the **approval / stipulation** block under (B)(4), or serve the order under (B)(3); their signatures do not enter the order. ## Transmittal cover (the deliverable) ``` [Date] [Clerk of the Court / Hon. Judge Name, per the court's practice] [___] Circuit / District Court, [County] County [Courthouse address] [Or: via MiFILE per the court's e-filing requirement] RE: [Case Short Title], Case No. [Number] Proposed [Order / Judgment] re: [Motion / matter heard] Submitted under MCR 2.602(B)([3] / [4]) To the Court: Enclosed is a proposed [Order / Judgment] reflecting the Court's ruling at the hearing on [date] on [Motion / matter]. [For (B)(3):] The proposed order was served on all parties on [date]. More than 7 days have passed and no written objection or competing order has been filed or served. Proof of service is attached. The order is submitted for entry. [For (B)(4):] The proposed order is stipulated to / approved as to form and content by all parties, as shown by the signatures below. Respectfully submitted, [Name] [P##### if attorney / "Self-Represented" if pro se] [Address / Phone / Email] cc: [Other parties / counsel] ``` ## After the order is entered Once the judge signs and the clerk **enters** the order, it becomes operative. Steps: 1. **Obtain the entered order** from the clerk / MiFILE docket and confirm the **date of entry** — many deadlines run from entry. 2. **Verify the entered order matches** the proposed order — judges sometimes interlineate changes. 3. **Calendar deadlines that run from entry** (post-judgment motions; the appeal period) — see `mi-deadlines`. 4. **Confirm service** of the entered order on all parties under MCR 2.602(D) / MCR 2.107. 5. **Track compliance** — if the other side does not comply, prepare the next step (see `mi-post-judgment`). ## Composition - For drafting the proposed order structure: `mi-draft-order` - For computing the 7-day window + service add-ons: `mi-deadlines` - For filing / e-filing the order: `mi-file-packet` - For venue-specific submission channels: `mi-wayne`, `mi-oakland`, `mi-circuit-courts`, `mi-district-courts`, `mi-36th-district`, `mi-circuit-courts` - For enforcement after entry: `mi-post-judgment` - For hearing prep: `mi-hearings` - For pro-se signature conventions: `mi-pro-se` ## References - `mi-law-references` for MCR 2.602 (entry of judgments and orders), MCR 2.107 (service), and MCR 1.108 (time computation) text. - The filing court's local rules and the judge's practice on order submission — verify the 7-day computation and any required transmittal form before submitting.