Judge Joseph Toia

Judge Joseph Toia was appointed to the Circuit Court bench on August 10, 2015, by Governor Rick Snyder, he was first elected in 2016 and re-elected in 2020.  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 County Bar Association.  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.  

Judge Toia currently serves on the Executive Board of the Michigan Judges’ Association and as Co-chair of the Civil Law Committee.  He is a Director of the Macomb County Bar Foundation and a member of Rise.

Judge Toia has  civil and criminal dockets and is the Judge of the 16^th Circuit Court - Adult Drug Court.

Contact information

Macomb County Court Building

40 N. Main St, 4th Floor

Mount Clemens, MI 48043

Telephone: (586) 469-5147

Zoom meeting ID: 277-856-9243

Staff

Scheduling dates and times

All cases

Jury Trials, Bench Trials & Continued Trials – Tuesdays, Wednesdays, Thursdays or Fridays at 9:00AM

Final Settlement Conferences – Thursdays @ 2:00PM (In Person preferred)

Evidentiary Hearings – Fridays at 8:30AM

Civil cases

AT THIS TIME ALL CIVIL MOTIONS WILL BE HELD ON ZOOM.  WE WILL NO LONGER BE EMAILING ZOOM NOTICES. 

Procedural Motions – Mondays at 8:30AM

Summary Disposition Motions - Mondays at 10:00AM (Must call Clerk or Secretary for date) (Judge's copy required)

EDSC/Status/Settlement Conferences – Tuesdays at 9:00AM and Thursdays at 1:30PM

Oral Arguments on Appeals – Mondays at 10:00AM

Creditor’s Exams - Mondays at 8:30AM

Criminal cases

HELD IN PERSON

Arraignments – Mondays at 1:30PM and Wednesday and Thursday at 8:30AM

Pre-Trials – Mondays at 1:30PM, Wednesdays and Thursdays at 8:30AM

Sentencings/Review Hearings – Wednesdays and Thursdays at 8:30AM

Probation Violations/Show Cause - Thursdays at 8:30AM

Motions - Wednesdays at 8:30AM (contact Secretary or Clerk for date and time)

Drug Court – Tuesday at 1:30PM

e-Filing

Electronic filing is mandatory for all cases 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:  /CircuitCourt-eFilingResources.

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

Policies and Procedures

Alternate service

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.

Adjournments

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 Conference date must be stated in the order.  Please obtain a new date from Judge Toia’s Clerk or Secretary – prior to submitting the Stipulated Order.

Criminal matters – Contact Clerk or Secretary.

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 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.

Settlement conferences

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 or zoom conferencing. 

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.  A stipulation and order must be submitted to the court once a facilitation date has been obtained.  Please contact my secretary or clerk to obtain a settlement conference date to be held after the facilitation.  A stipulation and order submitted without a settlement conference date will be rejected. 

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).

Motions in Limine are only heard day of Trial, unless approved by Judge.