There should be few discovery disputes requiring Court intervention, and attorneys are expected to undertake good-faith efforts to resolve discovery matters between themselves without unduly taxing Court resources. If a motion is filed that addresses discovery issues, counsel shall comply with the following requirements:
- Pursuant to E.D. Mich. E.D. Mich. LR 37.1, counsel shall meet and confer on all pending discovery motions that have been referred to the Magistrate Judge. Because the E.D. Mich. LR requires a good faith effort to narrow the areas of disagreement to the greatest possible extent, it is not satisfied by mere compliance with E.D. Mich. LR 7.1, which requires the moving party to seek concurrence in a motion. Accordingly, the parties are directed to meet and confer face-to-face in advance of the hearing. The face-to-face requirement is not satisfied by a telephonic conference, unless exceptional circumstances exist which make a make a face-to-face conference not feasible. In that case, prior to holding a telephonic conference, the moving party will submit a written statement to the Magistrate Judge explaining why a telephonic conference is necessary.
- The L.R. 37.1 conference shall include an item-by-item discussion of each issue in dispute. Any party refusing to appear for this meeting or to confer as the Court has directed will be subject to sanctions.
If unresolved issues remain, the parties shall file a Joint List of Unresolved Issues. The Joint List of Unresolved Issues must be filed electronically.
The Joint List of Unresolved Issues shall enumerate and state, in a succinct fashion, the respective positions of each party on every issue which remains in dispute. The Joint List shall not exceed ten (10) pages. No exhibits or attachments shall be filed with the Joint List. The Joint List of Unresolved Issues must be signed by all parties to the dispute, or their attorneys.