UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN

LOCAL RULES

(Current as of June 1, 2024) Sean F. Cox Chief Judge

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN

United States District Judges

Sean F. Cox, Chief Judge Bernard A. Friedman Nancy G. Edmunds Denise Page Hood Paul D. Borman George Caram Steeh David M. Lawson Thomas L. Ludington Stephen J. Murphy, III Mark A. Goldsmith Gershwin A. Drain Terrence G. Berg Judith E. Levy Laurie J. Michelson Matthew F. Leitman Linda V. Parker Shalina D. Kumar F. Kay Behm Jonathan J.C. Grey Susan K. DeClercq Brandy R. McMillion Robert J. White

JUNE 2024

United States District Court Eastern District of Michigan

LOCAL RULES ? TABLE OF CONTENTS

CIVIL RULES

LR 1.1 Scope of Rules

(a)

Title and Citation

(b)

Effective Date

(c)

Scope of Rules

(d)

Relationship to Prior Rules; Actions Pending on Effective Date

LR 1.2 Emergency Suspension of the Local Rules

LR 1.3 Availability of the Local Rules

LR 3.1 Civil Case Cover Sheet

LR 3.2 Method of Payment

LR 4.1 Issuance and Service of Process

LR 5.1 Filing of Papers

(a)

Papers presented for filing must comply with the following:

(1)

REQUIRED INFORMATION

(2) FORMAT

(3) TYPE SIZE

(b)

Number of Copies Required

(1)

PAPERS FILED ELECTRONICALLY

(2)

PAPERS NOT FILED ELECTRONICALLY

(c)

Number of Copies Required for a Three-Judge Court

(d)

Exhibits

(1)

FILED ELECTRONICALLY

(2)

NOT FILED ELECTRONICALLY

(e)

Restrictions

LR 5.1.1 Filing and Service by Electronic Means

(a)

Governing Rules and Procedures

(b)

(Reserved)

(c)

Judge's Copies

(1) REQUIREMENT

(2) FORM

(3)

SUBMISSION TO JUDGE

(d)

Facsimile Transmission

LR 5.2 Enjoined Filers

LR 5.3 Civil Material Filed Under Seal

(a)

Sealing Items Authorized by Statute or Rule

Page

10 10 10 10 10 11 12 13 14 15 16 16 16 16 16 16 16 16 16 17 17 17 17 18 18 18 18 18 18 18 18 19 20 20

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United States District Court Eastern District of Michigan

(b)

Sealing Items Not Authorized by Statute or Rule

20

(c)

Unsealing Documents

22

LR 7.1 Motion Practice

24

(a)

Seeking Concurrence in Motions and Requests

24

(b)

Motions

24

(c)

Responses

24

(d)

Briefs

25

(1)

BRIEFS REQUIRED AND PERMITTED

25

(2)

FORM OF REQUIRED BRIEFS

25

(3) LENGTH OF BRIEFS

25

(e)

Briefing Schedule

25

(1)

STANDARD BRIEFING SCHEDULE

25

(2)

ENLARGED BRIEFING SCHEDULE

25

(f)

Hearing on Motions

26

(g)

Additional Time to File Supporting Documents and Brief

26

(h)

Motions for Rehearing or Reconsideration

26

(1)

FINAL ORDERS AND JUDGMENTS

26

(2) NON-FINAL ORDERS

26

(3)

NO RESPONSE AND NO HEARING ALLOWED

27

(4) A motion to reconsider an order denying a motion for reconsideration may not be

filed.

27

(i)

Restrictions

28

(j)

The briefing schedule contained in this rule under subsection (e) does not

apply to social security actions seeking review under 42 U.S.C. ? 405 (g)

28

LR 9.1 Special Rules of Pleading

29

(a)

Notation of "Jury Demand" in the Pleading

29

(b)

Procedure for Notification of Any Claim of Unconstitutionality

29

(c)

Request for Three-Judge Court

29

(d)

Designation of "Class Action" in the Caption

29

(e)

Failure to Comply

29

LR 11.1 Sanctions for Non-Compliance with Local Rules

30

LR 11.2 Failure to Provide Notification of Change of Address

31

LR 15.1 Form of a Motion to Amend and Its Supporting Documentation

32

LR 16.1 Pretrial Conferences

33

LR 16.2 Joint Final Pretrial Order

35

(a)

Joint Final Pretrial Order

35

(b)

Contents of Order

35

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United States District Court Eastern District of Michigan

(1) JURISDICTION

35

(2) PLAINTIFFS' CLAIMS

35

(3) DEFENDANTS' CLAIMS

35

(4)

STIPULATION OF FACTS

35

(5)

ISSUES OF FACT TO BE LITIGATED

35

(6)

ISSUES OF LAW TO BE LITIGATED

35

(7)

EVIDENCE PROBLEMS LIKELY TO ARISE AT TRIAL

35

(8) WITNESSES

35

(9) EXHIBITS

36

(10) DAMAGES

36

(11) TRIAL

36

(12) SETTLEMENT

36

(c)

Failure to Cooperate

36

(d)

Filing of Trial Briefs, Findings and Instructions

36

(e)

Additional Requirements

36

(f)

Juror Costs Attributable to Parties

36

LR 16.3 Alternative Dispute Resolution: General Provisions

38

(a)

ADR Favored

38

(b)

Court Administration of the ADR Program

38

(c)

Consideration of ADR

38

(d)

Confidentiality

38

(e)

Judicial Officers

38

(f)

Neutrality of Evaluators, Mediators and Arbitrators

38

(1)

STANDARDS FOR DISQUALIFICATION

38

(2)

PROCEDURE FOR DISQUALIFICATION

38

(g)

Status of Discovery, Motions and Trial During the ADR Process

39

(h)

Attorney's Responsibility for Payment of Fees

39

LR 16.4 Facilitative Mediation

40

(a)

Definition

40

(1) MEDIATORS

40

(2) MEDIATION

40

(b)

Qualification of mediators

40

(c)

Mediator Selection

40

(d)

Mediator Compensation

40

(e)

The Mediation Process

41

(1) AGREEMENT

41

(2) NOTICE

41

(3) PARTIES' MEMORANDA

41

(4) PROCESS

41

(5)

PARTY RESPONSIBILITIES

41

(6)

COMPLETION OF MEDIATION

41

(7) SETTLEMENT

41

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