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16th Judicial Circuit Court
40 N Main, Mount Clemens, MI 48043
(586) 469-7171

Honorable Kathryn A. Viviano

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Judge Kathryn A. Viviano is a graduate from Hillsdale College (Bachelor of Arts) and Wayne State University (Masters in Business Administration and Juris Doctorate).  After law school, Judge Viviano worked for the top Detroit law firm of Barris, Sott, Denn & Driker before joining her brother in forming Viviano & Viviano PLLC.  She also served as the City Attorney for the City of Center Line.  Judge Viviano was elected to the bench in November 2010 and was assigned to the Family Division.  She served as the Presiding Judge of the Family Division from April 2013 until her appointment to the Business Court in February 2015.  
 

CONTACT INFORMATION

Macomb County Court Building
40 N. Main St, 2nd Floor
Mt. Clemens, MI 48043
Telephone: (586) 469-5438

 

STAFF

Position Name Number Email
Chambers   (586) 469-5438  
Judicial Secretary Rhonda Esler (586) 469-5438 rhonda.esler@macombgov.org
Judicial Clerk Samantha Peterson (586) 469-6959 samantha.peterson@macombgov.org
Court Reporter Video Courtroom (contact Debbie Doyle)   doyletranscripts@gmail.com
Court Officer Deputy Nicholas Cieslak (586) 469-6583  

 

Communications with Court and Judge's Copies should be sent electronically to rhonda.esler@macombgov.org and/or samantha.peterson@macombgov.org.

 

SCHEDULING DATES AND TIMES

All Cases

Trials - Tuesdays, Wednesdays or Thursdays at 10:00 a.m.
Evidentiary Hearings - Fridays at 8:30 a.m.
 

Civil Cases

Procedural Motions - Mondays at 8:30 a.m.
Creditors Exams - Mondays at 8:30 a.m.
Motions for Summary Disposition and Appeals - Mondays at 10:00 a.m.
IBC, Status, Settlement Conferences - Tuesdays/Thursdays at 8:00 a.m.
 

Criminal Cases

Arraignments - Mondays at 1:30 p.m.
Motions - Mondays at 1:30 p.m.
Pre-Trials - Mondays at 1:30 p.m., Tuesdays and Wednesdays at 8:30 a.m.
Sentencings/Review Hearings - Wednesdays at 8:30 a.m.
Probation Violations/Show Cause - Tuesdays and Wednesdays at 8:30 a.m.
 

PPO Cases

PPO Hearings - Mondays at 1:30 p.m.
 

E-Filing

Electronic filing is mandatory for all current e-File cases and new civil matters with “C”, “N”, “AA”, “AE”, “AP”, “AR” or “AV” case-types assigned to Judge Viviano.

After a complaint is filed in the Clerk’s Office, subsequent pleadings must be filed electronically on the Court’s eFiling website:  https://mifile.courts.michigan.gov.  Additional information can be found on the Court’s eFiling webpage:  https://circuitcourt.macombgov.org/CircuitCourt-eFilingResources.

The Court’s eFiling is governed by Administrative Order No. 2010-6.

 

POLICIES AND PROCEDURES

Alternate Service

Requests for alternate service must be accompanied by a verified motion, proposed order, an affidavit of the process server showing reasonable efforts to make service of process, and a postal verification.

Extending Summons

Requests to extend the summons must be accompanied by a motion and proposed order and must be submitted prior to expiration of the original summons.  Such requests will only be granted upon a showing of due diligence by plaintiff in attempting to serve the original summons.

Adjournments

Requests for adjournments may be made by motion or stipulation and will only be granted upon a showing of good cause.  The grounds for the request and a proposed new date must be stated in the motion or proposed order.

Scheduling Orders

For most civil cases, the Court issues a standard Discovery and Case Evaluation Order setting the schedule for discovery, witness lists, dispositive motions, and case evaluation.  For the first request, Judge Viviano will permit a 60-day extension of the dates set forth in the Discovery and Case Evaluation Order by stipulation of the parties (you may use this form).  Any subsequent requests to extend the scheduling order dates must be made by motion and only will be granted upon a showing of good cause.  If a Case Evaluation Hearing has already been scheduled, the parties must pay the $150 adjournment fee prior to submitting the order for entry.

Initial Business Court Conferences

Attorneys attending the Initial Business Court Conference for business cases must be thoroughly familiar with the case and be prepared to discuss scheduling, anticipated discovery issues, and any other issues that should be brought to the Court's attention.

Settlement Conference

The attorneys attending the conference must be thoroughly familiar with the case and have the authority necessary to fully participate in the conference.  The parties to the action must also be present unless their attendance is excused by the Court.  A request to excuse a party's attendance must be submitted to the Clerk in writing before the conference date. A party whose presence is excused must be available by telephone.  If a matter is resolved and an order of dismissal is entered before the conference date, the attorneys and parties need not appear for the conference.

Judge's Copies

Judge's copies of documents are not accepted on civil matters. Criminal Matters require that a Judge's copy of each document filed with the Court.

Facilitative Mediation

Requests to submit a case to facilitative mediation under MCR 2.410 and 2.411 may be made by stipulation (you may use this form).  If the parties are unable to agree on a mediator, the Court will select a mediator in the manner provided by MCR 2.411(B)(3).  The Court will generally require that facilitation occur within 60 days, unless good cause is shown for an extension.

Trial Procedures

The Court's trial procedures are contained in its Trial Procedural Order, which is issued when a case is scheduled for trial (a copy is here).

Orders