Judge Michael Warren
Individual Rules, Standing Orders & Policies
Limits & Logistics
Courtesy Copies
Courtesy copies
Communication
Phone
Court-wideClerk
Phone
Court-widePage & Word Limits2 rules
A motion for leave must be filed before the motion deadline, may not attach the over-limit submission, and must precede submission of the combined motion and brief.
a Motion for Leave must be filed before the Court will accept a combined motion and brief beyond the page limitations set forth in the MCR; a motion for leave must be filed before the motion deadline; and a motion for leave may not attach the proposed submission exceeding the page limitation set forth in the MCR (the combined motion and brief exceeding the page limitation may only be submitted after Court approval).
A combined motion and brief exceeding the MCR page limitation may be submitted only after the Court approves the request for leave.
Only after Court approval may a combined motion and brief beyond page limitation be submitted.
Document Format Requirements3 rules
In criminal cases, jury instructions must be presented and emailed to chambers in Word format by the first day of trial.
In criminal cases, jury instructions must be presented and emailed to chambers in Word format no later than the first day of trial.
DOCX
The Court strictly enforces the page limitations, font size, and spacing requirements of MCR 2.119(A)(2).
The Court additionally strictly enforces MCR 2.119(A)(2), including but not limited to page limitations, font size, and spacing.
The Court strictly enforces the page-limit, font-size, and spacing requirements of MCR 2.119(A)(2).
the Court additionally strictly enforces MCR 2.119(A)(2), including but not limited to page limitations, font size, and spacing.
Document Filing Requirements18 rules
A proposed order must be accompanied by supporting authority, a summons expiration date, a verified motion and brief, postal and certified-address verification, and a process-server affidavit documenting at least three service attempts or explaining why one cannot be given.
Proposed orders must be accompanied by a verified motion & brief with supporting authority, proof of certified address, postal verification, affidavit of process server (or reason why one cannot be given) showing at least 3 attempts (service on individuals, these 3 attempts must be during times which a working individual would reasonably be expected to be at home or at the place of business attempted to be served).
Document Type
Proposed Order
Except for summary-disposition motions, parties must praecipe the motion and file a related Notice of Hearing selecting a Wednesday.
Parties must praecipe motions (other than summary disposition) and file a related Notice of Hearing for any Wednesday of their choice.
Document Type
Motion
A proposed order must be accompanied by a verified motion and brief, supporting authority, certified-address and postal verification, and a process-server affidavit documenting at least three service attempts or explaining why one cannot be given.
Proposed orders must be accompanied by a verified motion & brief with supporting authority, proof of certified address, postal verification, affidavit of process server (or reason why one cannot be given) showing at least 3 attempts (service on individuals, these 3 attempts must be during times which a working individual would reasonably be expected to be at home or at the place of business attempted to be served).
Document Type
Proposed Order
A dispositive motion must be accompanied by a Notice of Hearing stating that the court will determine the hearing date.
In addition, a Notice of Hearing must also accompany the filing of a dispositive motion and it must state that the hearing date will be scheduled by a date to be determined by the Court.
Document Type
Dispositive Motion
All attorneys of record, including incoming and outgoing attorneys and opposing counsel, must stipulate to the proposed order.
All attorneys of record must stipulate to the proposed order (i.e. incoming attorney, outgoing attorney, and opposing counsel).
Document Type
Proposed Order
A pro hac vice admission request must include a recommendation, an affidavit accepting jurisdiction under the Michigan Rules of Professional Conduct and its enforcement, and agreement to send all represented-party notices to in-state counsel.
Pro hac vice admissions of counsel must be accompanied by a recommendation, a proper affidavit in which the counsel accepts jurisdiction of the Michigan Rules of Professional Conduct and enforcement thereof, and agreement that all notices to the represented party are sent to in-state counsel.
Document Type
Pro Hac Vice Admission
A summary-disposition motion must include the required Local Sixth Judicial Circuit Court Rule 2.119(B)(2) motion certification signed and filed by the attorney of record or pro se party.
the Motion Certification required by Local Sixth Judicial Circuit Court Rule 2.119(B)(2) must still be signed and filed by the attorney of record or the party in propria persona.
Document Type
Summary Disposition Motion
At least one week before the Case Management Conference, the parties must file either an Early Facilitation Order or a Joint Case Management Plan submitted by Plaintiff's counsel or the pro se plaintiff.
At least one week prior to the scheduled CMC, either of the following must be filed (1) Joint Agreement to Facilitate Within 90 Days after the CMC Date (a/k/a “Early Facilitation Order”), or (2) Joint Case Management Plan filed by Plaintiff’s counsel, or Plaintiff if acting in pro per, identifying/addressing various matters and areas of agreement and disagreement (as indicated on the Court’s Notice and Order to Appear, including but not limited to matters outlined below).
Document Type
Early Facilitation Order Or Joint Case Management Plan
If an ESI Conference is necessary, the parties must file the ESI discovery plan 14 days after the conference.
Whether an ESI Conference will be necessary; if so, the ESI discovery plan shall be filed 14 days following the conference
Document Type
Esi Discovery Plan
A dispositive motion must be accompanied by a Notice of Hearing stating that the Court will determine the hearing date.
In addition, a Notice of Hearing must also accompany the filing of a dispositive motion and it must state that the hearing date will be scheduled by a date to be determined by the Court.
Document Type
Case Dispositive Motion
A Motion Certification under Local Sixth Judicial Circuit Court Rule 2.119(B)(2) must be signed and filed with a summary disposition motion by the attorney of record or the party in propria persona.
Although praecipes are not required when filing a summary disposition motion, the Motion Certification required by Local Sixth Judicial Circuit Court Rule 2.119(B)(2) must still be signed and filed by the attorney of record or the party in propria persona.
Document Type
Summary Disposition Motion
At least one week before the CMC, the parties must file either an Early Facilitation Order or a Joint Case Management Plan addressing the matters specified in the Court's Notice and Order to Appear.
At least one week prior to the scheduled CMC, either of the following must be filed (1) Joint Agreement to Facilitate Within 90 Days after the CMC Date (a/k/a “Early Facilitation Order”), or (2) Joint Case Management Plan filed by Plaintiff’s counsel, or Plaintiff if acting in pro per, identifying/addressing various matters and areas of agreement and disagreement (as indicated on the Court’s Notice and Order to Appear, including but not limited to matters outlined below).
Document Type
Early Facilitation Order Or Joint Case Management Plan
If an ESI conference is necessary, the parties must file an ESI discovery plan within 14 days after that conference.
Whether an ESI Conference will be necessary; if so, the ESI discovery plan shall be filed 14 days following the conference
Document Type
Esi Discovery Plan
The parties must incorporate their proposed discovery plan into the Joint Case Management Plan submitted for the Court's review.
The parties shall then incorporate their proposed discovery plan into the Joint Case Management Plan for the Court’s review.
Document Type
Joint Case Management Plan
A motion under MCR 2.309(C) or 2.310(C)(3) must state that the movant attempted good-faith conferral to obtain the disclosure without court action.
When filing a motion pursuant to MCR 2.309(C) or 2.310(C)(3), a party must state that the movant has in good faith conferred or attempted to confer with the party not making the disclosure in an effort to secure the disclosure without court action.
Document Type
Discovery Motion
A summary-disposition motion must include a signed and filed Motion Certification under Local Sixth Judicial Circuit Court Rule 2.119(B)(2).
the Motion Certification required by Local Sixth Judicial Circuit Court Rule 2.119(B)(2) must still be signed and filed by the attorney of record or the party in propria persona.
Document Type
Summary Disposition Motion
The parties must attempt in good faith to agree on a proposed discovery plan.
The parties shall attempt in good faith to agree on a proposed discovery plan.
Document Type
Proposed Discovery Plan
A privilege log must accompany any pre-litigation document withheld on privilege grounds.
Any document withheld on the basis of a claimed privilege, and generated before the initiation of litigation, shall be logged to allow the opposing party and the Court to assess the prima facie assertion of privilege.
Document Type
Privilege Log
Filing & Service rules
Electronic Filing Rules
Nearly all of Judge Warren's civil cases are required to be filed electronically.
Now nearly all of his civil cases are required to be e-filed. If your case is an e-filing case, please become aware of, and comply with, the e-filing requirements. Please see the relevant MCR and SCAO.
Page 1 | Business Court Case Management Protocol for Judge Warren
Filing Timing and Cure Windows
In civil cases, the theory of the case, jury instructions, and verdict form in written and Word format—or trial briefs for a bench trial—must be filed seven days before trial unless a pretrial order states otherwise.
For all civil cases, a theory of the case, jury instructions and verdict form in written and electronic form (Word) (or trial briefs in the event of a bench trial) must be filed with the Court 7 days prior to trial (if not otherwise set forth in a pre-trial order).
Page 1 | Business Court Case Management Protocol for Judge Warren
Initial-disclosure filing deadlines may be modified only by court order, although the court will consider stipulated orders showing good cause and may deny them or require a motion for leave.
Filing deadlines may only be modified by Court Order (the Court will consider proposed Stipulated Orders demonstrating good cause, but retains discretion to deny them or direct the parties to file a motion for leave).
Page 5 | ii. Initial Disclosures
When an ESI conference is held, the ESI discovery plan is due 14 days after the conference.
if so, the ESI discovery plan shall be filed 14 days following the conference
Page 2 | Case Management Conference and/or Initial Status Conference
Initial-disclosure requirements and deadlines are strictly enforced unless the court orders otherwise, and filing deadlines may be modified only by court order, with proposed stipulated orders considered only when they demonstrate good cause.
The Court strictly enforces the disclosure requirements, duties, and filing deadlines established in MCR 2.302(A), unless otherwise ordered by the Court. Filing deadlines may only be modified by Court Order (the Court will consider proposed Stipulated Orders demonstrating good cause, but retains discretion to deny them or direct the parties to file a motion for leave).
Page 5 | Initial Disclosures
An Early Facilitation Order provides for facilitation within 90 days after the CMC date.
Joint Agreement to Facilitate Within 90 Days after the CMC Date (a/k/a “Early Facilitation Order”)
Page 2 | Case Management Conference and/or Initial Status Conference
The privilege log, document production, and written discovery responses must be produced at the same time.
The log shall be produced at the same time as the document production. The document production shall be made at the same time as the written responses.
Page 8 | Written Discovery
A party should initiate written discovery at least 28 days before the discovery cutoff so that the opposing party has sufficient time to respond.
That is, discovery must be served sufficiently in advance of the discovery cutoff date so as to allow the opposing party sufficient time to respond prior to the discovery cutoff. As a practical matter, a party shall initiate written discovery at least 28 days before the deadline for
Page 8 | Written Discovery
Service and Proof of Service Rules
Counsel of record must accept email service, and email service is accomplished upon transmission unless the sender knows or learns that the email was not received.
All counsel of record agree to accept service of all filings and other communication via email at the address identified by the State Bar of Michigan or a single email address as otherwise directed. Service is accomplished upon transmission absent knowledge by the sender that the email was not received (e.g., it is returned as undeliverable).
Page 1 | 2) Standing Protocols — a. Electronic Service
Unless exempt from mandatory electronic filing, e-service must use the Court's electronic filing and service system, and parties must maintain a functional email address because authorized-user transmission failures are attributed to that user.
unless exempted from mandatory electronic filing, e-service by the parties and the Court is effectuated using the Court’s Electronic-Filing and Electronic-Service system – the parties must ensure functionality of the email address provided to the Court for e-service/delivery etc.; a transmission failure caused by a problem with an authorized user’s telephone line, ISP, hardware or software is attributable to the authorized user regardless of who initiated the transmission.
Page 1 | 2) Standing Protocols — a. Electronic Service
Delivery through the Court's e-filing system constitutes service effective at the document's timestamp.
Delivery of materials by the Court’s e-filing system also constitutes service effective as of the time stamp on the document.
Page 1 | 2) Standing Protocols — a. Electronic Service
A party filing a complaint, counterclaim, cross-claim, or third-party complaint must serve initial disclosures within 14 days after an opposing party's answer is filed.
A party that files a complaint, counter claim, cross-claim, or third-party complaint must serve its initial disclosures within 14 days after any opposing party files an answer to that pleading.
Page 5 | ii. Initial Disclosures
A party answering a pleading must serve its initial disclosure by the later of 14 days after the opposing party's disclosure is due or 28 days after filing its answer.
A party answering a complaint, counterclaim, cross-claim, or third party complaint must serve its initial disclosure within the later of 14 days after the opposing party’s disclosure is due or 28 days after the party files its answer.
Page 5 | ii. Initial Disclosures
Initial disclosures must be written, signed, and served, and a proof of service must be filed promptly.
Initial disclosures must be in writing, signed, and served, and a proof of service must be promptly filed.
Page 6 | ii. Initial Disclosures
Unless the court orders otherwise, written discovery must be initiated sufficiently before the discovery cutoff to allow a timely response, and as a practical matter should be initiated at least 28 days before the applicable deadline.
Unless otherwise ordered, a date for completion of discovery means the serving party shall initiate the discovery by a time that provides for a response or appearance, per the court rules, before the completion date. MCR 2.301(B)(4). That is, discovery must be served sufficiently in advance of the discovery cutoff date so as to allow the opposing party sufficient time to respond prior to the discovery cutoff. As a practical matter, a party shall initiate written discovery at least 28 days before the deadline for
Page 8 | d. Standard Discovery Protocols
The parties must ensure that email addresses provided to the Court remain functional for electronic service and delivery.
the parties must ensure functionality of the email address provided to the Court for e-service/delivery etc.;
Page 1 | Electronic Service
Materials delivered through the Court's e-filing system are served when the document receives its system timestamp.
Delivery of materials by the Court’s e-filing system also constitutes service effective as of the time stamp on the document.
Page 1 | Electronic Service
Unless exempted from mandatory electronic filing, parties and the Court must use the Court's Electronic-Filing and Electronic-Service system for electronic service.
As a reminder, unless exempted from mandatory electronic filing, e-service by the parties and the Court is effectuated using the Court’s Electronic-Filing and Electronic-Service system
Page 1 | Electronic Service
Email service is complete upon transmission unless the sender knows the email was not received.
Service is accomplished upon transmission absent knowledge by the sender that the email was not received (e.g., it is returned as undeliverable).
Page 1 | Electronic Service
Counsel of record must accept email service at the State Bar of Michigan address or another single address directed by the Court.
All counsel of record agree to accept service of all filings and other communication via email at the address identified by the State Bar of Michigan or a single email address as otherwise directed.
Page 1 | Electronic Service
A party filing a complaint, counterclaim, cross-claim, or third-party complaint must serve initial disclosures within 14 days after an opposing party answers that pleading.
A party that files a complaint, counter claim, cross-claim, or third-party complaint must serve its initial disclosures within 14 days after any opposing party files an answer to that pleading.
Page 5 | Initial Disclosures — Time for Initial Disclosures MCR 2.302(A)(5)
A party must serve initial disclosures on a later-appearing party within 14 days of that party’s appearance.
The party must serve later-appearing parties within 14 days of the appearance.
Page 5 | Initial Disclosures — Time for Initial Disclosures MCR 2.302(A)(5)
A party answering a pleading must serve initial disclosures by the later of 14 days after the opposing disclosure is due or 28 days after filing its answer.
A party answering a complaint, counterclaim, cross-claim, or third party complaint must serve its initial disclosure within the later of 14 days after the opposing party’s disclosure is due or 28 days after the party files its answer.
Page 5 | Initial Disclosures — Time for Initial Disclosures MCR 2.302(A)(5)
Initial disclosures must be based on information then reasonably available, and a party is not excused for incomplete investigation, challenging another party’s disclosures, or another party’s failure to disclose.
A party must serve initial disclosures based on the information then reasonably available to the party. A party is not excused from making disclosures because the party has not fully investigated the case or because the party challenges the sufficiency of another party’s disclosures or because another party has not made its disclosures.
Page 6 | Initial Disclosures — Basis for Initial Disclosure; Unacceptable Excuses
Initial disclosures must be written, signed, and served, with a proof of service promptly filed.
Initial disclosures must be in writing, signed, and served, and a proof of service must be promptly filed.
Page 6 | Initial Disclosures — Form
Notice of a deposition must be served on the party’s corporate representative at least 14 days before the deposition.
Notice of a deposition must be served on a party’s corporate representative at least 14 days prior to the scheduled deposition.
Page 9 | iv. Depositions
Mailed arraignment is acceptable when requested by the defendant, with a pretrial occurring soon afterward.
Arraignments by mail are acceptable at the request of the defendant, with a pretrial quickly thereafter.
Page 1 | Business Court Case Management Protocol for Judge Warren
A party need serve only parties that have appeared, but must serve a later-appearing party within 14 days of that party's appearance.
A party serving disclosures need only serve parties that have appeared. The party must serve later-appearing parties within 14 days of the appearance.
Page 5 | ii. Initial Disclosures
A deposition notice must be served on the party’s corporate representative at least 14 days before the deposition.
Notice of a deposition must be served on a party’s corporate representative at least 14 days prior to the scheduled deposition.
Page 9 | iv. Depositions
Within 10 days after receiving a deposition notice, the noticed entity may serve objections or file a protective-order motion, after which the requesting party may proceed on undisputed topics or move to enforce the notice.
No later than 10 days after being served with the notice, the noticed entity may serve objections or file a motion for protective order, upon which the party seeking discovery may either proceed on topics as to which there was no objection or motion, or move to enforce the notice.
Page 9 | iv. Depositions
An authorized user is responsible for transmission failures caused by problems with the user's telephone line, internet service, hardware, or software.
a transmission failure caused by a problem with an authorized user’s telephone line, ISP, hardware or software is attributable to the authorized user regardless of who initiated the transmission.
Page 1 | Electronic Service
A party disclosing information need serve only parties who have appeared.
A party serving disclosures need only serve parties that have appeared.
Page 5 | Initial Disclosures — Time for Initial Disclosures MCR 2.302(A)(5)
Courtesy Copy Requirements
Judge's courtesy copies are required only for cases that are not e-filing cases.
Judge’s copies are only required on non e-filing cases.
Page 1 | Business Court Case Management Protocol for Judge Warren
Adjournment & Extension Requirements
Adjournment and extension requests must be made by motion and are generally scheduled for hearing on motion day.
All adjournment and extension requests must be made by motion and generally will be scheduled for hearing on motion day
Page 1 | Business Court Case Management Protocol for Judge Warren