Judge Joseph Toia
Judge Joseph Toia was appointed to the Circuit Court bench on August 10, 2015 by Governor Rick Snyder. Judge Toia graduated from Wayne State University with a Bachelor of Science in Business Administration/ Finance degree in 1979. He received his Juris Doctorate from Detroit College of Law (now known as Michigan State College of Law) in 1984. Prior to his appointment, Judge Toia was in private practice for 31 years. Additionally, he served as the prosecuting attorney for Orion Township in Oakland County. He is a member of the State Bar of Michigan and the Macomb and Oakland County Bar Associations. Judge Toia served as past president of the Italian American Bar Association of Michigan; as a mediator in the Macomb County Circuit Court; a member of the Judges United with Students and Teachers program; a member of the Michigan Society of Planners; past president and chairman of the Italian American Chamber of Commerce of Michigan; past president of Kiwanis Club of Utica/Shelby Township; and former chairman of the Shelby Township Planning Commission.
Macomb County Court Building
40 N. Main St, 4th Floor
Mt. Clemens, MI 48043
Telephone: (586) 469-5147
Video Courtroom (Elaine Mada)
Deputy Gerald Bingle
SCHEDULING DATES AND TIMES
Trials – Tuesdays, Wednesdays, Thursdays or Fridays (bench or continued Jury trial) at 8:30 am
Evidentiary Hearings – Fridays at 8:30 am
Procedural Motions – Mondays at 8:30 am
Summary Disposition Motions - Mondays at 10:00 am (Must call Clerk for date)
EDSC/Status/Settlement Conferences – Tuesdays at 8:30 am and Thursdays at 1:30 pm
Oral Arguments on Appeals – Mondays at 10:00 am
Creditor’s Exams - Mondays at 8:30 am
Arraignments – Mondays at 1:30 pm
Pre-Trials – Mondays at 1:30 pm
Sentencings/Review Hearings – Wednesdays and Thursdays at 8:30 am
Probation Violations/Show Cause - Thursdays at 8:30 am
Motions - Wednesdays at 8:30 am
PPO Hearings - Wednesdays at 1:30 pm
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 Toia.
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: http://circuitcourt.macombgov.org/CircuitCourt-eFiling.
Filings on existing cases and other case-types will not be affected.
The Court’s eFiling is governed by Administrative Order No. 2010-6.
POLICIES AND PROCEDURES
Requests for alternative service must be accompanied by a verified motion, proposed order, an affidavit of the process server showing reasonable efforts (at least 3 attempts) to make service of process and a postal verification.
Extending Summons (Second Summons)
Requests to extend the summons must be accompanied by a motion and proposed order and must be submitted prior to the 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.
Motions – may be adjourned by filing party by contacting Clerk or Secretary.
EDSC/Status/Settlement Conferences - requests for adjournments may be made by stipulation. The reason(s) for the request, the date to be adjourned and a new date must be stated in the order. Please obtain a new date from Judge Toia’s Clerk or Secretary.
Criminal matters – Contact Clerk or Secretary.
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 Toia may 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 Court Conferences
For most civil cases, the Court conducts an Initial Court Conference. Attorneys attending the conference 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.
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 party whose presence is excused must be available by telephone.
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.
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).