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Motion Practice

E.D. Mich. LR 7.1(a) requires parties to seek concurrence in relief to be requested before filing a motion; failure to comply or to state the details of compliance as required may result in a denial of the motion without response. The court thus discourages meaningless"boilerplate" criminal motions (e.g., a "Motion to Disclose 404(b) Evidence" is unnecessary since Rule 404(b) requires only that a "request" be made to preserve the issue). The court sometimes issues scheduling orders setting specific dates for response and reply to motions, but expects the parties to be prepared to comply with the local rules in the absence of such an order. E.D. Mich. LR 7.1(b) requires motions and responses to be accompanied by a separate brief. If a party wishes to submit a brief exceeding the 20-page limit set forth in E.D. Mich. LR 7.1(b) or a reply in excess of the 5-page limit in E.D. Mich. LR 7.1(d), the party may submit an ex parte application pursuant to E.D. Mich. LR 7.1(b). The court often decides motions without oral argument, but if the issue is complex or requires testimony, the court will schedule dates as needed.  

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