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Pretrial

The final pretrial conference is typically scheduled to take place approximately three months after the dispositive motion cutoff, and one week before the beginning of the trial term. The Court enforces the requirements of E.D. Mich. LR 16.2 for the pretrial order, which is due one week before the final pretrial conference.

The Court's requirements for the final pretrial order and the final pretrial conference, including those set forth in E.D. Mich. LR 16.2, are included in the Court's standing Scheduling Order which is provided to counsel at the initial scheduling conference. The disclosure requirements of Rule 26(a)(3) are to be made in the final pretrial order. All proposed trial exhibits are required to be marked before the final pretrial conference, and listed in the final pretrial order. Objections to proposed exhibits also must be stated in the final pretrial order. All witnesses must be listed as well, and typically only previously disclosed or deposed witnesses may be listed. Absent a showing of good cause, testimony from witnesses not listed in the final pretrial order, and exhibits not listed in the final pretrial order, will not be admitted at trial except by stipulation.

Motions in limine and any other motions requiring determination in advance of trial must be called to the Court's attention not later than the date of submission of the final pretrial order. Such motions must be filed at least one week prior to the first day of trial.

Parties and/or persons with settlement authority must be present at the final pretrial conference, unless the Court has agreed to other arrangements prior to the date of the conference. Counsel in attendance at the final pretrial conference must include those attorneys who will try the case.

The trial date is set at the initial scheduling conference. The Court uses a trailing docket system. The Court has a standing Order Establishing Calendar for Trial which is provided to counsel and which lists all trials scheduled within the particular trial term. It is counsels' responsibility to ascertain the status of the earlier-scheduled cases and the assigned trial date. Trial date adjournments are not typically granted, but may be requested by letter indicating the reason for the request and opposing counsel's position respecting the requested adjournment.


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