Honorable Kathryn A. Viviano

Image of the Honorable Judge Kathryn A. Viviano

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
Mount Clemens, MI 48043
Telephone: (586) 469-5438

Position	Name	Number	Email
Chambers		(586) 469-5438
Judicial Secretary	Samantha Peterson	(586) 469-5438	samantha.peterson@macombgov.org
Judicial Clerk	Julian Gatti	(586) 469-6959	julian.gatti@macombgov.org
Court Reporter	Video Courtroom (contact Angela Little)		angela.little@macombgov.org
Court Officer	Deputy Nicholas Cieslak	(586) 469-6583

Scheduling dates and times

Monday	8:30 a.m.	Civil Procedural/Miscellaneous Motions	In Person or Remote
	10:00 a.m.	Civil Motions for Summary Disposition/Appeals	In Person or Remote
	1:30 p.m.	Criminal Arraignments/Pre-Trial Conferences/Motions	In Person or Remote
Tuesday	8:00 a.m. or 8:30 a.m.	Civil Initial Settlement following case evaluation, Status, Initial Business Court Conferences	Remote
	9:00 a.m.	Criminal Probation Review Hearings	Remote
	9:00 a.m.	Criminal Probation Violations/Final Pre-Trial Conferences/Sentencings	In Person
	9:00 a.m.	Criminal Pre-Trial Conferences	In Person or Remote
	10:00 a.m.	Trials	In Person
Wednesday	8:30 a.m.	Criminal Probation Violations/Final Pre-Trial Conferences/Sentencings	In Person
	8:30 a.m.	Criminal Pre-Trial Conferences	In Person or Remote
	Varies	Trials	In Person
Thursday	8:00 a.m. or 8:30 a.m.	Civil Initial Settlement following case evaluation, Status, Initial Business Court Conferences	Remote
	9:00 a.m.	Civil Final Settlement Conferences and Final Pre-trial Conferences	In Person
	Varies	Trials	In Person
Friday	8:30 a.m.	Evidentiary Hearings	In Person

*Schedule including dates, times and whether hearing held Remote or In Person subject to the discretion of the Court.

Zoom instructions

Parties appearing remotely MUST comply with the Court’s remote policies and procedures. See Zoom Instructions below. FAILURE TO COMPLY MAY RESULT IN THE LOSS OF THE COURT’S PERMISSION TO APPEAR REMOTELY FOR ALL FUTURE HEARINGS.

Click Here for Zoom Instructions

e-Filing

Electronic filing is mandatory for all cases 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: /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/Status 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 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. Conferences may be held remotely as instructed by and subject to the discretion of 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

Form Order Regarding Facilitative Mediation KAV Trial Procedure Order Administrative Order No. 2010-6 (e-Filing Pilot Project) Stipulated order for First Extension of Discovery and/or Case Evaluation Affidavit and Order for Restricted Driver's License - MC 210 Notice Regarding Eligibility for Early Discharge - MC 512