Home Judicial Officers Rules, Plans, and Orders Electronic Filing Clerk's Office Visiting the Court Information For Careers

Motion Practice

  1. CONCURRENCE: Counsel must comply with E.D. Mich. LR 7.1(a) and seek concurrence before filing a motion.

  2. FILING REQUIREMENTS: E.D. Mich. LR 7.1 governs time and length requirements for briefs, however, the Court sets a briefing schedule for dispositive motions. A party that fails to file a timely response will not be permitted to argue during oral argument without leave of the Court.

  3. COURTESY COPIES: Courtesy copies of all motions must be submitted to the court with exhibits clearly labeled. The labels must extend to the right side of the paper. An index of the exhibits must be included.

  4. EXTENSIONS: Page extensions are not favored.

  5. FORMAT: Follow LR 5.1(3) Type Size. Except for standard preprinted forms that are in general use, type size of all text and footnotes must be no smaller than 10-1/2 characters per inch (non-proportional) or 14 point (proportional).

  6. 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 a few well-chosen cases, preferably recent and from controlling courts. If unpublished opinions or opinions published only in specialty reporters are cited, copies of these cases must be submitted with the briefs.

  7. 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 all motions, except motions for reconsideration and prisoner pro se motions. Most discovery motions, however, are referred to a magistrate judge.

  8. DISPOSITIVE MOTIONS: The Court will issue a briefing schedule on all dispositive motions. Oral argument is scheduled approximately 10-12 weeks from the date of filing.

  9. MOTIONS IN LIMINE: These are to be electronically filed with a courtesy copy delivered to chambers one week before the Final Pretrial Conference. Motions in limine will be heard the day of the Final Pretrial Conference. Counsel may for good cause request an earlier date for the hearing.

  10. CANCELLATION OF ORAL ARGUMENT: The Court occasionally cancels oral argument when, after a review of the briefs, it finds that argument would be neither necessary nor helpful.

  11. PRIVACY: Counsel should be vigilant to excise private information in any filings, e.g. social security numbers.

Home -- Judicial Officers -- Practice Guidelines -- Practice Guidelines for Judge Marianne O. Battani -- Motion Practice