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Motion Practice

i. Seeking concurrence: E.D. Mich. LR 7.1(a) requires parties to seek concurrence in relief requested 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.

ii. Time for responses: Although the court sometimes issues a scheduling order setting specific dates for response and reply to a particular motion, it expects the parties to be prepared to comply with the E.D. Mich. LRs in the absence of such an order. E.D. Mich. LR 7.1(c) and (d) prescribe a 14-day period for filing responses and five days for replies.

iii. Separate motion and brief: E.D. Mich. LR 7.1(b) requires that motions and responses to be accompanied by a separate brief. Under no circumstances may a motion be included within or tacked onto a response or a reply.

iv. Excess pages: 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), and the court will consider the complexity of the issues involved.

v. Oral argument: After reviewing the motion, response, and reply, the court may decide the matter without oral argument. However, if the issue is complex or if one or more  attorneys requests, the court will schedule oral argument.

vi. Format for briefing: Particularly lengthy submissions are to be bound along the left margin, book-style, not at the top. The court neither requires nor desires a "notice of hearing" praecipe to be included with a motion.


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