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Motion Practice

1.  Extensions: Page extensions are not routinely granted. The Court generally adheres to the page limits provided in E.D. Mich. LR 7.1.

                                                                                      

2.  Format: Documents must be prepared in 12 point type and double spaced.

3.  Content: Parties are required to support the statement of material facts with citations to pleadings, interrogatories, admissions, depositions, affidavits, or documentary exhibits. Submit only the relevant pages of depositions and underline the specific references in documents where applicable. Rather than using boilerplate recitations of the summary judgment standard or stringing citations to well-established legal principles, parties should focus their analyses on well-chosen legal authority. If unpublished opinions or opinions published only in specialty reporters are cited, copies of these cases must be submitted with the briefs.

4.     Non-dispositive motions: Counsel must comply with the briefing schedule dictated by E.D. Mich. LR 7.1. The Court generally schedules oral argument on motions, except motions for reconsideration and prisoner pro se motions. Most discovery motions, however, are referred to a magistrate judge.

5.  Dispositive motions: The Court Clerk will send out a notice of the hearing date. The Court does not issue a briefing schedule. The Court enforces the response and reply due dates as set forth in E.D. Mich. LR 7.1(d) and Fed. R. Civ. P. 6, even when the motion hearing is set far in advance. Oral argument is scheduled approximately 10 weeks from the date of filing. A COURTESY copy of all dispositive motion papers, including responses and replies, and all accompanying exhibits should be submitted in chambers. Exhibits must have labels attached which extend beyond the side of the paper. Motions must be bound on the left side. A printed copy of the Notice of Electronic Filing must be attached to the front of the paper. 

The chambers copy must be sent via first class mail the same day the document is e-filed, unless it relates to a court proceeding scheduled within the next five days or otherwise requires the immediate attention of the Court, in which case the chambers copy must be hand-delivered to chambers not later than the morning of the next business day after the document is e-filed.

           

6.  Separate motion and brief:  E.D. Mich. LR 7.1(c) requires that motions and responses to be accompanied by a separate brief. Motions may not be included within or appended to a response or a reply, and under no circumstances may a motion be included within the text or footnotes of another motion.            

 

7.  Cancellation of oral argument: The Court occasionally cancels oral argument when, after a review of the briefs, the Court finds that argument would be neither necessary nor helpful. See E.D. Mich. LR 7.1(e)(2)

 

8.  Privacy: Counsel should be vigilant not to include or to excise private information in any filings.  See Privacy Protection for Criminal Filings Made with the Court - Compliance with E-Government Act, 05-AO-026 (Dec. 8, 2005) and Privacy Protection for Civil Filings Made with the Court - Compliance with E-Government Act, 05-AO-025 (Dec. 8, 2005), available at http://www.mied.uscourts.gov/Rules. 


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