Honorable James M. Biernat Jr.

Judge James M. Biernat, Jr. graduated from Hillsdale College in 1991. In 1997, he received his law degree from University of Detroit Law School. Biernat was a Commissioner for the 16th District on the Macomb County Board of Commissioners from January 1993 through December 1998. Jim Biernat worked as an Assistant Prosecutor for the Macomb County Prosecuting Attorney's Office from January 1999 until his appointment to the bench by the Governor in 2011. He is a member of the State Bar of Michigan and the Macomb County Bar Association. 

Contact information

Macomb County Court Building
40 N. Main Street, 3rd Floor
Mount Clemens, MI 48043
Telephone: 586-469-5139

Zoom Meeting ID#: 329-206-4390

Staff

Scheduling days and times

Zoom Meeting ID Number: 329-206-4390

All cases

Civil Motions - Mondays at 8:30 a.m., Motions for Summary Dispositions Monday at 10:00 a.m

Civil Trials – Tuesdays - Thursday at 10 a.m.

Criminal Trials - Tuesdays - Thursday at 10 a.m.

Criminal Motions - Tuesday or Wednesday at 9:30 a.m. or at the date of Pretrial

Civil cases

Starting on July 12, 2021, any motion hearings on Monday mornings will be remote by Zoom. We will no longer be doing Zoom notices. Please use Zoom Meeting ID:  329-206-4390 - FOR CIVIL MOTIONS ONLY

Procedural motions – Mondays at 8:30 a.m. 

Summary disposition motions – Mondays at 10 a.m.

Oral arguments on appeals – Mondays at 11 a.m.

Creditors exams – Tuesdays at 1:30 p.m. (If held in Court's conference room, contact court clerk to schedule.)

All settlement and status conference set at 8 a.m. are via Zoom. Zoom notices will be sent one week prior to your conference. All settlement and status conference set at 10 a.m. are in person.

Criminal cases

ALL CRIMINAL MATTERS OTHER THAN CRIMINAL MOTIONS ARE IN PERSON BEGINNING JANUARY 17, 2023 - NO ZOOM

Criminal motions are to be held Tuesday or Wednesday at 9:30 a.m. or the date of Pretrial 

Pretrial conferences – Mondays at 1:30 p.m. or Thursdays at 9:30 a.m.

Sentencings – Tuesdays at 9:30 a.m. and Wednesdays at 9:30 a.m.

Probation violation hearings – Tuesdays at 9:30 a.m. and Wednesdays at 9:30 a.m.

Review hearings – Tuesdays at 9:30 a.m. and Wednesdays at 9:30 a.m

Memorandum Of Understanding for Criminal Proceedings - Defense Attorney is to obtain all signatures on the form prior to submitting to the Chief Judge for his signature. The attorney may email to both the Judge's Judicial Court Clerk and Secretary. 

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 three attempts of service of process and a postal verification.

Extending summons

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

Adjournments

Requests for adjournments may be made by motion or by stipulation and will only be granted upon showing of good cause and must be made at least 7 days prior to the hearing. Adjournments of all criminal proceedings must be stipulated to by the Prosecutor and the order must be submitted via e-filing. Adjournment of criminal and civil trials must be made by motion.

Scheduling orders

For most civil cases, the Court issues a standard Discovery and Case Evaluation Order setting the schedule for discovery, witness lists, disposition motions, and case evaluation.  For the first request, Judge Biernat, Jr. will permit a 60 day extension of the dates set forth in the Discovery and Case Evaluation Order by stipulation of the parties.  Counsel to prepare stipulated order.  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 state within the order who is responsible to pay the adjournment fee. If you are looking to facilitate this matter in lieu of case evaluation, your order must include a settlement conference date which you can obtain from the Judge's Secretary and must also state that a number is to be placed within their recommendation.

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 request to excuse a party's attendance must be requested 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.

Conferences scheduled for 8:00 a.m. are scheduled via Zoom and only the attorneys need to appear. Conferences scheduled for 10:00 a.m. are in person - All Trial Attorneys, clients and adjusters must appear in person.

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. If parties are seeking mediation in lieu of case evaluation, you may submit a stipulated order after contacting the secretary to obtain a settlement conference date.

See Form #1 - Order regarding facilitative mediation

The court's trial procedures are contained in its trial procedure order which is issued when a case is scheduled for trial.

See Form #2 - Trial procedural order

New Attorney Swearing In

New Attorney swearing ins are to take place the first Wednesday of every month at 2:00 p.m. and the third Friday of every month at 10:00 a.m.

Please make sure you pay the $25 fee prior to your swearing in and have the following paperwork with you:

• Personal Data Coversheet
• Motion and Order
• The Oath
• Your greetings letter

The link to obtain the paperwork, if needed, is as follows:

https://growthzonesitesprod.azureedge.net/wp-content/uploads/sites/1348/2019/12/AdmissionPacket.pdf