Civil Motion Practice

Print Guideline

  1. REQUIREMENT TO SEEK CONCURRENCE

    The parties must comply with E.D. Mich. LR 7.1(a) before filing motions. For discovery motions, the parties must comply with ¶ F, below.

  2. BRIEFS AND BRIEFING SCHEDULE ON MOTIONS

    The parties must comply with E.D. Mich. LR 5.1 and 7.1 regarding format and form of motions and briefs, and the type of briefs required and permitted1. All briefs must contain an index of exhibits, and the Court suggests a table of contents for briefs over ten pages. A party must move for leave to deviate from these rules. The parties must also comply with the Electronic Filing Policies and Procedures of the E.D. Mich, including a few rules highlighted below.2

    1. This is the required citations format under R6:

    To referenceCite form example
    A single pageECF No. 10, PageID.234
    Multiple sequential pagesECF No. 10, PageID.234-235
    Multiple pages not in successionECF No. 10, PageID.234, 238, 245
    Multiple documentECF No. 10; ECF No. 11
    A document attached to the main documentECF No. 10-2, PageID.234

    This format must be used to cite any document that is already in the record.

    2. Under R5(f), "A counter-motion must not be combined with a response or reply."

    3. Under R19(b), "Unless there is only one exhibit, the filing user must prepare an index of exhibits and file the index as the first attachment to the paper. Each exhibit must be described on the index both by an exhibit identifier and by a brief narrative description."

  3. HEARINGS/ORAL ARGUMENT ON MOTIONS

    Under E.D. Mich. LR 7.1(f), the Court may cancel a scheduled hearing or decide the matter without a hearing when theissues can be decided on the briefs.

  4. COURTESY COPIES

    THE PARTIES SHOULD NOT SUBMIT COURTESY COPIES TO THE COURT UNLESS INSTRUCTED TO DO SO.

  5. ORDERS

    The Court usually prepares its own orders.

  6. DISCOVERY

    Except in cases with pro se parties, when the Court has consent jurisdiction over a case under 28 U.S.C. § 636(c) or has been referred all pretrial or discovery matters under § 636(b)(1)(A), THE PARTIES MAY NOT FILE A DISCOVERY MOTION WITHOUT LEAVE OF COURT. Before requesting leave to file a discovery motion, the parties must:

    1. Engage in a meaningful meet and confer in accordance with E.D. Mich. LR 37.1 to try to resolve, or at least narrow, the disputed issues.

    2. If unresolved issues remain, the parties must call the court to schedule a status conference.


1The local rules are available here: http://www.mied.uscourts.gov/index.cfm?pagefunction=rulesPlansOrders.

2These policies and procedures are found at: http://www.mied.uscourts.gov/PDFFIles/policies_procedures.pdf.