Limits & Logistics
Document Limits
Courtesy Copies
Motion
Adjournments
- After-cutoff discovery may proceed by written stipulation only if the extension does not affect the specified motion, settlement, pretrial, or trial dates.
- If a discovery extension would affect the specified dates, or a party seeks to adjourn those dates for another reason, the party must promptly file a written motion demonstrating good cause once the need becomes apparent.
- The parties may extend discovery beyond the cutoff by written stipulation only if the extension does not affect the specified motion, settlement, pretrial, or trial dates.
- +10 more
Request must include
Communication
Clerk
Chambers
Page & Word Limits3 rules
Reply briefs are limited to 5 pages.
- Reply brief
- Up to 5 pages
Exhibits are limited to 100 pages. Court permission must be obtained for exhibits exceeding 100 pages.
- Exhibits
- Up to 100 pages
Attorneys must obtain Court approval to file any motion and brief or response and brief over 20 pages.
- More than 20 pages
Document Format Requirements7 rules
Written discovery shall be served in both a PDF and Word (or native) format.
Documents identified consistent with MCR 2.309(E) shall be identified by bates number or otherwise such that it is clear which produced documents correspond to each interrogatory.
Presumptively, all documents produced electronically shall be produced in native format and with the load files preserving all metadata.
Confidential material may be designated by conspicuous marking, with specified marking options for paper and electronic documents that preserve electronic metadata.
Court's wording
A producing party may designate any document or other tangible information or thing as "Confidential" by conspicuously stamping or appending the appropriate designation. In the case of a paper document, a producing party may so mark the first page of a multipage document or each applicable page. In the case of an electronic document , a producing g party may append to that document the appropriate designation that does not alter the metadata associated with the document, or may place the appropriate designation mark "CONFIDENTIAL" on the outside of the medium (whether disc, hard drive, etc.) containing the document.
For materials designated confidential on the deposition record, the reporter must identify the designation and relevant transcript portions and bind the confidential and non-confidential portions separately.
Formatting
- •The transcript cover page must indicate that it includes confidential information
Court's wording
If a producing party designates such materials as "Confidential" on the record, the court reporter shall indicate that fact on the cover page of the transcript that the transcript includes "Confidential" information, and shall list the pages and line numbers and/or exhibits of the transcript on or in which such information is contained, and shall bind the transcript in separate portions containing "Confidential," and non-Confidential material.
Please provide a Judge's copy in word format for review.
Written discovery shall be served in both a PDF and Word (or native) format.
Document Filing Requirements21 rules
The Joint Plan must address the claims and defenses, requested relief and damages, jurisdiction, venue, pleadings, scheduling proposals, anticipated discovery issues, initial disclosures, jury status, trial length, and the Model Protective Order.
Court's wording
The Joint Plan1 must address the following: 1. A brief description of the Plaintiff’s claim(s) and a brief description of the Defendant’s defenses. Additional paragraphs may be added to address any counterclaims, third-party claims or other additional claims in the case. 2. The parties must disclose the relief and a good faith estimate of the damages sought for all claims and counterclaims. Depending upon the relief and damages amount sought and the nature of the case, the Court may place the case on an expedited docket. 3. The basis for jurisdiction in the Business Court and whether jurisdiction is contested. 4. Whether or not venue is proper in Wayne County. 5. Whether the pleadings are complete or whether any amendments or additional pleadings/parties are required. 6. A proposal for a Scheduling Order to issue in the case, addressing at a minimum the following: a. The date by which any additional parties will be joined and the pleadings completed. b. The date by which all discovery will be completed. The parties will be expected to discuss what type of discovery will be sought in the case. c. Dates for disclosure of testimonial expert witnesses. d. The date by which witness lists will be exchanged. e. The date by which the parties desire to mediate/facilitate the case. The parties shall have discussed a mutually-agreeable facilitator prior to the Case Management Conference. f. Whether and when the parties desire to have the case submitted to case evaluation under MCR 2.403. g. The date by which all dispositive motions will be filed. h. The date by which the parties will be ready for trial. 7. Any discovery issues that the parties anticipate may require Court intervention, including any issues regarding discovery of electronically stored information. 8. Be prepared to discuss the status of initial disclosures required by the Case Management Protocol as well as any issues that the parties are having with regard to the initial disclosures. 9. Whether the case is jury or non-jury. 10. Estimated length of trial. 11. Whether the parties stipulate to the entry of the Model Protective Order as attached.
Counsel for Plaintiff must file the Joint Plan.
Failure to timely file the Joint Case Management Plan may result in sanctions.
Attorneys of Record must also provide an email address on all future pleadings.
- Document
- Pleading
Must include
- •Email address
Defendant must disclose the identity of any testimonial experts, together with a statement of the subject matters(s) to be addressed by each expert witness, within 21 days of receipt of Plaintiff's disclosure as set forth in No. 4.
Plaintiff must disclose the identity of any testimonial experts by ________ together with a statement of the subject matter(s) to be addressed by each expert witness.
Plaintiff’s counsel shall then file a Joint Case Management Plan, identifying areas of agreement and disagreement (and as to such matters, briefly setting forth the parties' positions), at least one week prior to the scheduled conference.
A party objecting to the Protocol must file specific objections before the Case Management Conference, show good cause, and describe proposed deviations and alternatives.
Court's wording
As provided in the Notice and Order to Appear, the Business Court Case Management Protocol shall be adopted as a Court Order by the Court for the governance of all cases assigned to the business court docket unless specific objections are filed by either party prior to the Case Management Conference. b) The Case Management Protocol shall be discussed by the parties and the Court at the initial Case Management Conference. If objections have been raised, the objecting party must show good cause as to why a particular case should be exempted, in whole or in part, from the Case Management Protocol or why the Case Management Protocol should be modified in relation to that particular case. Any deviation from the Case Management Protocol shall be specifically described by the objecting party and alternative procedures suggested.
A privilege log is required for qualifying pre-litigation documents, must include the specified identifying and privilege information, and must be produced with the document production.
Court's wording
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. 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. The log shall (1) state the document number (e.g. Bates number) of the document, (2) describe the nature and general subject matter of the document not produced,(3) state the date and type of document (e.g., e-mail, notes, memo, etc.), (4) state the name(s) of the author/sender, recipient, and any third parties recipients copied, or, if known, who later received copies; and (5) State the privilege(s) asserted as to the withheld document.
A motion under the cited discovery rules must state that the movant conferred or attempted to confer in good faith.
Court's wording
When filing a motion pursuant to MCR 2.309(C) or 2.31 0(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.
A sealed envelope must bear the case caption, a concise non-disclosing inventory, and the prominently displayed protective-order notice.
- Document
- Sealed envelope
Must include
- •Caption
Court's wording
Such sealed envelopes shall bear the case caption and shall recite a concise, non-disclosing inventory of their contents for docketing purposes. Additionally, in the case of materials or information designated “Confidential," such sealed envelopes shall prominently bear the notice: CONTAINS CONFIDENTIAL INFORMATION SUBJECT TO PROTECTIVE ORDER. TO BE OPENED ONLY BY OR AS DIRECTED BY THE COURT.
A motion to seal must identify each proposed item, explain the need and protected interest, address less restrictive means, and include supporting legal authority.
Court's wording
The party seeking to file any paper under seal must file and serve a motion under MCR 8.119(1) that (1) describes each item proposed for sealing; (2) states the reason sealing each item is necessary and identifies the specific interest to be protected; (3) explains why there is no less restrictive means to adequately and effectively protect the specific interest; and (4) includes a memorandum of legal authority supporting the motion.
Within 30 days of the Case Management Conference, the parties shall make certain initial disclosures, to the extent that such information is known.
The parties must have an accepted praecipe in order for the motion to be placed on the docket.
When filing a motion pursuant to MCR 2.309(C) or 2.31 0(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.
Counsel shall bring a proposed Early Discovery and Facilitation Order for the Court's review.
A privilege log is required for withheld pre-litigation documents, must be produced with the document production, and must include the listed identifying information and asserted privilege.
Court's wording
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. 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. The log shall (1) state the document number (e.g. Bates number) of the document, (2) describe the nature and general subject matter of the document not produced,(3) state the date and type of document (e.g., e-mail, notes, memo, etc.), (4) state the name(s) of the author/sender, recipient, and any third parties recipients copied, or, if known, who later received copies; and (5) State the privilege(s) asserted as to the withheld document.
The document production shall be made at the same time as the written responses.
At the time of filing the Answer, Defendant should submit a Request to Produce directed to the Plaintiff requesting signed Medical Authorizations for all medical providers known to the Plaintiff relating to the claims identified in the Complaint.
The document production shall be made at the same time as the written responses.
NO NEED TO FILE A NOTICE OF HEARING OR PREACIPE.
Filing & Service rules
Electronic Filing Rules
The parties must e-file the Joint Case Management Plan with the Court.
At least one week prior to the Case Management Conference, the parties must efile with the Court (with a copy to the Judicial Attorney at Karen.Liddle@3rdcc.org) a Joint Case Management Plan.
Civil cases
Page 1 | NOTICE AND ORDER TO APPEAR IN BUSINESS COURT CASE
Summary-disposition pleadings must be e-filed by the dates set by the Court.
PLEADINGS MUST BE EFILED PER THE DATES PROVIDED BY THE COURT.
Civil cases
Page 1 | MOTIONS FOR SUMMARY DISPOSITION
All pleadings must be efiled and should include proposed orders. All orders must be efiled separately and coded for entry. A notice of hearing and preacipe must be efiled separately.
All pleadings must be efiled and should include proposed orders. All orders must be efiled separately and coded for entry. A notice of hearing and preacipe must be efiled separately.
Civil cases
Page 1 | Motion Practice: General
Filing Timing and Cure Windows
The Joint Case Management Plan must be e-filed at least one week before the Case Management Conference.
At least one week prior to the Case Management Conference, the parties must efile with the Court (with a copy to the Judicial Attorney at Karen.Liddle@3rdcc.org) a Joint Case Management Plan.
Civil cases
Page 1 | NOTICE AND ORDER TO APPEAR IN BUSINESS COURT CASE
Any specific objection to adoption of the attached protocol must be filed before the Case Management Conference.
Judge Allen’s Business Court Case Management Protocol, attached, shall be adopted as a Court Order by the Court for the governance of all cases assigned to the business court docket unless specific objections are filed by either party prior to the Case Management Conference.
Civil cases
Page 2 | NOTICE AND ORDER TO APPEAR IN BUSINESS COURT CASE
Witness lists must be exchanged and filed with the Court at least 60 days before discovery closes.
Witness lists must be exchanged and filed with the Court at least 60 days prior to the close of discovery.
Civil cases
Page 4 | BUSINESS COURT SCHEDULING ORDER
The parties must make the specified initial disclosures within 30 days.
The parties shall make certain initial disclosures, to the extent that such information is known and in accordance with provision 2(c)(ii) of the Business Court Case Management Protocol, within 30 days.
Civil cases
Page 4 | BUSINESS COURT SCHEDULING ORDER
All dispositive motions must be filed by the date designated in the scheduling order.
All Dispositive Motions must be filed by the following date of
Civil cases
Page 4 | BUSINESS COURT SCHEDULING ORDER
Motions in Limine must be filed and heard no later than three weeks before trial.
All Motions in Limine must be filed and heard by no later than three weeks before Trial.
Civil cases
Page 4 | BUSINESS COURT SCHEDULING ORDER
The Defendant must make its testimonial expert disclosures within 21 days after receiving the Plaintiff’s disclosure.
Defendant must disclose the identity of any testimonial experts, together with a statement of the subject matters(s) to be addressed by each expert witness, within 21 days of receipt of Plaintiff's disclosure as set forth in No. 4.
Civil cases
Page 4 | BUSINESS COURT SCHEDULING ORDER
The Joint Case Management Plan must be filed at least one week before the scheduled Case Management Conference.
Plaintiff’s counsel shall then file a Joint Case Management Plan, identifying areas of agreement and disagreement (and as to such matters, briefly setting forth the parties' positions), at least one week prior to the scheduled conference.
Civil cases
Page 6 | 2) Standing Protocols
Specific objections to the Protocol must be filed before the Case Management Conference to prevent its adoption without objection.
unless specific objections are filed by either party prior to the Case Management Conference.
Civil cases
Page 6 | I) Governance
In Business Court cases, parties must request the summary-disposition scheduling order within 30 days after discovery closes.
FOR BUSINESS COURT CASES, PARTIES MUST REQUEST A SCHEDULING ORDER WITHIN 30 DAYS AFTER THE CLOSE OF DISCOVERY.
Civil cases
Page 1 | MOTIONS FOR SUMMARY DISPOSITION
The moving party must request the summary-disposition scheduling order before the date initially set for case evaluation.
THE MOVING PARTY MUST REQUEST THE SCHEDULING ORDER PRIOR TO THE DATE INITIALLY SET FOR CASE EVALUATION.
Civil cases
Page 1 | MOTIONS FOR SUMMARY DISPOSITION
At least 2 weeks prior to the conference, all counsel are expected to confer regarding the following (listed below). Plaintiff’s counsel shall then file a Joint Case Management Plan, identifying areas of agreement and disagreement (and as to such matters, briefly setting forth the parties' positions), at least one week prior to the scheduled conference.
At least 2 weeks prior to the conference, all counsel are expected to confer regarding the following (listed below). Plaintiff’s counsel shall then file a Joint Case Management Plan, identifying areas of agreement and disagreement (and as to such matters, briefly setting forth the parties' positions), at least one week prior to the scheduled conference.
Civil cases
Page 1 | 2) Standing Protocols—Case Management Conference
Service and Proof of Service Rules
The parties must exchange witness lists at least 60 days before discovery closes.
Witness lists must be exchanged and filed with the Court at least 60 days prior to the close of discovery.
Civil cases
Page 4 | BUSINESS COURT SCHEDULING ORDER
Counsel of record accept service of filings and other communications by email, effective upon transmission unless the sender knows 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).
Civil cases
Page 6 | 2) Standing Protocols
Materials delivered through the Court’s e-filing system are served effective at the time shown on 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.
Civil cases
Page 6 | 2) Standing Protocols
A party seeking to file under seal must serve the motion to seal.
The party seeking to file any paper under seal must file and serve a motion under MCR 8.119(1) that (1) describes each item proposed for sealing; (2) states the reason sealing each item is necessary and identifies the specific interest to be protected; (3) explains why there is no less restrictive means to adequately and effectively protect the specific interest; and (4) includes a memorandum of legal authority supporting the motion.
Civil cases
Page 15 | 18
Counsel of record accept email service at the State Bar address or another designated single address; service is effective upon transmission unless the sender knows 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).
Civil cases
Page 1 | 2) Standing Protocols—Electronic Service
Unless an exception applies, each party must provide the other parties, without waiting for a discovery request, the listed information and materials supporting its claims and defenses.
Except as exempted by the court rules, stipulation, or court order, a party must, without awaiting a discovery request, provide to the other parties: (a) The factual basis of the party's claims and defenses; (b) The legal theories on which the party's claims and defenses are based, including, if necessary for a reasonable understanding of the claim or defense, citations to relevant legal authorities; (c) The name and, if known, address and telephone number of each individual likely to have discoverable information - along with the subjects of that information - that the disclosing party may use to support its claims or defenses, unless the use would be solely for impeachment; (d) A copy - or a description by category and location - of all documents, electronically stored information, and tangible things that the disclosing party has in its possession, custody, or control and may use to support its claims or defenses, unless the use would be solely for impeachment; (e) A description by category and location of all documents, electronically stored information, and tangible things that are not in the disclosing party's possession, custody, or control that the disclosing party ma y use to support its claims or defenses, unless the use would be solely for impeachment. The description must include the name and, if known, the address and telephone number of the person who has possession, custody, or control of the material; (f) A computation of each category of damages claimed by the disclosing party, who must also make available for inspection and copying as under MCR 2.310 the documents or other evidentiary material, unless privileged or protected from disclosure, on which each computation is based, including materials bearing on the nature and extent of injuries suffered; (g) A copy of any insurance, indemnity, or suretyship agreement under which another person may be liable to satisfy all or part of a possible judgment in the action or to indemnify or reimburse for payments made to satisfy the judgment; and (h) The anticipated subject areas of expert testimony.
Civil cases
Page 7 | c. Standard Discovery Protocols; ii. Initial Disclosure; (1) In General
The parties must make initial disclosures within 30 days after the Case Management Conference, to the extent the information is known.
Within 30 days of the Case Management Conference, the parties shall make certain initial disclosures, to the extent that such information is known.
Civil cases
Page 7 | c. Standard Discovery Protocols; ii. Initial Disclosure
A party must serve initial disclosures based on reasonably available information and is not excused because of an incomplete investigation or another party's disclosure conduct.
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.
Civil cases
Page 8 | c. Standard Discovery Protocols; ii. Initial Disclosure; (2) Basis for Initial Disclosure; Unacceptable Excuses
Discovery must be served early enough for the opposing party to respond before the discovery cutoff.
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.
Civil cases
Page 8 | iii. Written Discovery
Delivery through the Court’s e-filing system constitutes service effective at the time shown on the document.
Delivery of materials by the Court’s e-filing system also constitutes service effective as of the time stamp on the document.
Civil cases
Page 1 | 2) Standing Protocols—Electronic Service
Discovery must be served early enough for the opposing party to respond before the discovery cutoff.
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.
Civil cases
Page 1 | 2) Standing Protocols—Written Discovery
Courtesy Copy Requirements
Do not mail hard copies of motions to the courtroom.
ALL MOTIONS -DO NOT MAIL HARD COPIES TO COURTROOM
Civil cases
Page 1 | ALL MOTIONS
Sealing & Redaction Procedures
Counsel must keep confidential materials in a secure location, but may use an ESI vendor or host that limits access to authorized persons.
13. Counsel shall maintain files containing materials designated as "Confidential” in a secure location. This provision shall not prevent use of an ESI vendor or host who restricts access to those persons permitted to review confidential materials as set forth in this Order.
Civil cases
Page 13 | Stipulated Protective Order ¶ 13
Confidential material must not be made available to unauthorized persons, including when included in otherwise nonconfidential materials, and must be removed before those materials are shared with them.
11. Materials designated as "Confidential" shall not be made available to persons other than those authorized in paragraphs 9 and 10 above - even if attached to or contained within otherwise non- Confidential materials, such as transcripts, memoranda, discovery responses, or affidavits. The "Confidential" information must be removed before the remaining materials may be made available to those other persons.
Civil cases
Page 13 | Stipulated Protective Order ¶ 11
Before disclosing confidential materials to the specified former employees, experts, or consultants, counsel must provide the order for review and obtain an executed confidentiality agreement; current employees must be advised of the order but need not sign the agreement.
12. Materials designated as "Confidential” shall not be disclosed by opposing counsel to a former employee of Plaintiff or Defendant, respectively, or to a testifying or non-testifying expert or consultant under paragraphs 9 and 10 unless and until such representative, expert, or consultant has first been supplied with and has read a copy of this Order and has executed a copy Of the Confidentiality Agreement attached as Exhibit A. Current employees of Plaintiff and Defendant are not required to execute a copy of the Confidentiality Agreement, but must be advised regarding the provisions of this Protective Order.
Civil cases
Page 13 | Stipulated Protective Order ¶ 12
14. No documents, information, or things designated as "Confidential," including that contained in pleadings, motions, briefs, declarations, or exhibits (except in sealed envelopes) shall be filed with the Court.
14. No documents, information, or things designated as "Confidential," including that contained in pleadings, motions, briefs, declarations, or exhibits (except in sealed envelopes) shall be filed with the Court.
Civil cases
Page 13 | Stipulated Protective Order ¶ 14
Confidential materials may be made available only to court staff, counsel and their case staff, and the listed persons or persons authorized by consent or court order.
10. All documents, information, or things designated as "Confidential" shall be made available only to the Court's staff and to counsel for the parties (including the paralegal, clerical, and secretarial staff employed by such counsel in connection with this case) and the following persons: a. The parties and those agents and employees that are directly involved in the prosecution or defense of this matter; b. experts or consultants (together with their clerical staff) retained by the respective parties to assist in this case; c. any court reporter employed in this case; d. a witness at any deposition or other proceeding in this case; e. a potential witness; and f. any other person with the written consent of the parties (and any affected non-party by producing party) or upon order of the Court.
Civil cases
Page 13 | Stipulated Protective Order ¶ 10
At the opposing party’s request, confidential materials must be destroyed within 60 days after the action, including appeals, concludes, subject to the stated retention exceptions; receiving counsel must provide written verification of destruction upon request.
17. Within sixty (60) days of the conclusion of this action, including any appeals, all originals and reproductions of any materials designated as "Confidential" shall be destroyed at the request of the opposing party; provided however, counsel for the parties may retain one complete set (including exhibits) of pleadings and motion papers filed with the Court, and one complete copy of deposition testimony given in this action, in addition to materials designated as "Confidential" in a secure location - subject to any applicable Statute of Limitations. Upon request, counsel for the receiving party shall provide written verification to the producing party that all copies of such materials produced to the receiving party have been destroyed, other than as indicated in this paragraph. Materials designated as "Confidential" that are in the custody of the Court are excepted from the terms of this paragraph.
Civil cases
Page 14 | Stipulated Protective Order ¶ 17
To the extent practical, only portions of a court filing containing confidential material should be sealed or submitted for in camera inspection.
To the extent practical, only those portions of a filing with the Court that contain material designated as "Confidential" shall be filed under seal (as provided in paragraph 18) or provided to the Court for in camera inspection.
Civil cases
Page 14 | Stipulated Protective Order ¶ 14
If a party is served with process seeking another party’s confidential materials, its counsel must immediately give the designating party’s counsel written notice.
16. If either party is served with a subpoena or similar process, from any person or entity whatsoever, directing that party to produce any materials designated as "Confidential" by another party, counsel for that party shall immediately give counsel for the designating party written notice of such service so that the designating party may seek a protective order or otherwise act to protect the confidentiality of the designated materials.
Civil cases
Page 14 | Stipulated Protective Order ¶ 16
Other inadvertently produced privileged materials must be returned promptly when the producing party requests their return.
Any other inadvertently produced privileged materials shall be promptly returned upon the request of the producing party.
Civil cases
Page 15 | 19
A party must obtain Court approval on a motion under MCR 8.119(1) before filing under seal or tendering a proposed sealed item to the Clerk.
18. This Order does not authorize or permit the filing of any documents under seal. Pursuant to MCR 8.119, as amended, the parties are not to file documents under seal without prior Court approval. The party seeking to file any paper under seal must file and serve a motion under MCR 8.119(1) that (1) describes each item proposed for sealing; (2) states the reason sealing each item is necessary and identifies the specific interest to be protected; (3) explains why there is no less restrictive means to adequately and effectively protect the specific interest; and (4) includes a memorandum of legal authority supporting the motion. The movant may not file or otherwise tender to the Clerk any item proposed for sealing unless the Court has granted a motion brought under MCR 8.119(1).
Civil cases
Page 15 | 18
Inadvertently produced facially privileged or work-product materials must be returned promptly when discovered.
Any and all facially privileged or work product materials inadvertently produced shall be returned promptly, when discovered, in accordance with ABA Rules of Professional Conduct Formal Opinion 92-368 (1992).
Civil cases
Page 15 | 19
A producing party may designate material as confidential if it determines in good faith that the material contains confidential or proprietary information.
Any document, information, or thing may be designated "Confidential" if the producing party determines in good faith that it contains confidential or proprietary information.
Civil cases
Page 11 | STIPULATED PROTECTIVE ORDER
A non-producing party may designate previously undesignated material as confidential by notifying all parties in writing and identifying the specific item.
A non-producing party may also designate any document, information, or things produced during the course of this proceeding, not already designated “Confidential" as "Confidential" as if it were a producing party. The non-producing party shall accomplish such designation by notifying all parties in writing of the specific item so designated.
Civil cases
Page 11 | STIPULATED PROTECTIVE ORDER
A non-producing party may designate deposition material as confidential using the same procedure available to a producing party.
A non-producing party may designate documents, information, or things disclosed at a deposition as "Confidential” in the same manner as a producing party.
Civil cases
Page 12 | STIPULATED PROTECTIVE ORDER
When previously disclosed discovery material is later designated confidential, the disclosing party must make good-faith efforts to preserve its confidential status and obtain compliance from recipients.
If discovery material has been disclosed and is subsequently designated as "Confidential," the disclosing party shall make good faith efforts to preserve the “Confidential" nature of such discovery material and to obtain compliance with this Order from any person to whom such discovery material was disclosed.
Civil cases
Page 12 | STIPULATED PROTECTIVE ORDER
Deposition transcripts and exhibits are deemed confidential for 30 days after receipt of the deposition transcript.
All deposition transcripts and exhibits will be deemed Confidential for a period of 30 days after the receipt of the deposition transcript.
Civil cases
Page 12 | STIPULATED PROTECTIVE ORDER
The party asserting a confidential designation bears the burden of proving good cause for an order.
The party claiming the "Confidential" designation shall have the burden of proving good cause for the entry of an order
Civil cases
Page 12 | STIPULATED PROTECTIVE ORDER
Anyone not authorized to receive confidential information must be excluded from the portion of a deposition in which that information is discussed.
Further, during the period in which such "Confidential” information is discussed during the deposition, any person present during the deposition who is not authorized to receive such information under Paragraph 10 below shall be excluded from that portion of the deposition.
Civil cases
Page 12 | STIPULATED PROTECTIVE ORDER
A producing party that discovers an inadvertently unmarked document must notify the receiving party promptly and within 30 days, after which the receiving party must return it for replacement with a properly marked document.
If a party producing documents inadvertently fails to mark a document as "Confidential” for which it desires such treatment, it shall so inform the party receiving the documents forthwith, but in no event later than thirty (30) days following discovery of the inadvertent disclosure. The receiving party thereupon shall return the unmarked documents to the producing party and the producing party shall substitute properly marked documents.
Civil cases
Page 12 | STIPULATED PROTECTIVE ORDER
An inadvertent disclosure does not waive confidentiality if the producing party promptly notifies receiving parties and in all events does so within 30 days after learning of the disclosure.
The inadvertent or unintentional disclosure by a producing party supplying confidential discovery material, regardless of whether such discovery material was designated as "Confidential," shall not be deemed a waiver in whole or in part of the producing party's claim of confidentiality with respect to the discovery material disclosed, provided that the producing party making such inadvertent or unintentional disclosure notifies the receiving parties forthwith, but in no event later than thirty (30) days after it learns of such inadvertent or unintentional disclosure.
Civil cases
Page 12 | STIPULATED PROTECTIVE ORDER
Deposition material may be designated confidential on the record or by written notice within 30 days after receipt of the transcript, identifying the item or transcript lines and pages.
A producing party may designate documents, information, or things disclosed at a deposition as "Confidential” on the record during the deposition or, within 30 days of receiving the deposition transcript, by notifying all parties in writing of the specific item so designated or the lines and pages of the transcript that are "Confidential."
Civil cases
Page 12 | STIPULATED PROTECTIVE ORDER
If material is filed with the Court before notice of its inadvertent undesignated disclosure, the producing party is responsible for seeking appropriate relief from the Court.
If a producing party, at the time of disclosure, inadvertently fails to identify as "Confidential " any discovery material (including, without limitation, documents, oral, visual, or recorded information) for which it desires such treatment, and another party files the material with the Court prior to receiving notice that such material was in advertently disclosed without the desired designation, the producing party who made the inadvertent disclosure shall be responsible for seeking appropriate relief from the Court.
Civil cases
Page 12 | STIPULATED PROTECTIVE ORDER
A party may redact discovery information that is irrelevant and would give the opposing party a business advantage if produced, and the opposing party may challenge the redactions before the Court.
d. Redacting information from documents produced in accordance with the discovery process, including information is irrelevant to this action and would provide the opposing party with a business advantage over the producing party if it is produced. Nothing in this sub- section limits the opposing party from challenging such redactions before this Court.
Civil cases
Page 14 | Stipulated Protective Order ¶ 15(d)
A party intending to use or offer confidential materials at trial must inform the producing party reasonably in advance, unless the Court orders otherwise.
c. Disclosing or using, in any manner or for any purpose, any information, document, or thing at the trial of this matter. But if a party intends to use or offer into evidence at such trial any materials designated as "Confidential," that party must, unless otherwise ordered by the Court, so inform the producing party in a reasonable time in advance to allow the producing party to take such steps that it deems reasonably necessary to preserve the confidentiality of such information or documents.
Civil cases
Page 14 | Stipulated Protective Order ¶ 15(c)
The Order remains in effect after the action and appeals, but use restrictions end for Confidential materials used as trial exhibits unless those exhibits were used under seal or under a protective order at trial.
20. The terms of this Order shall remain in effect after the action and any related appeals are concluded, except that there shall no longer be any restriction on use of materials designated as "Confidential" that are used as exhibits at trial (unless such exhibits were used under seal or protective order at trial).
Civil cases
Page 15 | 20
Parties may generally refer to confidential-designated documents in court filings without sealing those filings, provided no confidential information is disclosed.
Provided that no "Confidential” information is disclosed, the parties may generally refer to documents designated as "Confidential" in pleadings, motions, briefs, affidavits, or exhibits filed with the Court, without filing such pleadings, motions, briefs, affidavits, or exhibits under seal.
Civil cases
Page 14 | Stipulated Protective Order ¶ 14
A party or its attorneys may show confidential materials to a person who prepared or reviewed the document or is shown to have received it.
a. Showing materials designated as "Confidential" to an individual who either prepared or reviewed the document, or is shown by the document to have received the document.
Civil cases
Page 14 | Stipulated Protective Order ¶ 15(a)
A party or its attorneys may disclose or use confidential-designated information from that party’s own files for any purpose.
b. Disclosing or using, in any manner or for any purpose, any information, documents, or things from the party’s own files that the party itself designated as "Confidential."
Civil cases
Page 14 | Stipulated Protective Order ¶ 15(b)
Pre-Motion Conference Requirements
Before filing a motion under the cited discovery rules, the movant must confer or attempt to confer in good faith with the party responsible for disclosure.
When filing a motion pursuant to MCR 2.309(C) or 2.31 0(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.
Civil cases
Page 9 | 2) Standing Protocols
A confidentiality-designation objection requires an expedited, good-faith meet-and-confer before an unresolved dispute may be brought to the Court; the parties are encouraged to resolve objections and use a neutral when appropriate.
Should any party object to a designation of any information, documents, or things as "Confidential," the parties or the producing party shall, on an expedited basis, meet and confer in a good-faith attempt to reach an agreement regarding the status of the information, documents, or things. The parties are strongly encouraged to resolve all such objections and, if appropriate, utilize the services of a neutral to assist the parties in the resolution of the dispute. If an objection is not thereby resolved, a party may bring the dispute before the Court on an expedited basis for a determination.
Civil cases
Page 12 | STIPULATED PROTECTIVE ORDER
Adjournment & Extension Requirements
Motion hearings will not be adjourned; the moving party must re-file the motion, praecipe, and notice of hearing.
There are NO adjournments. The moving party must re-file the motion, praecipe and notice of hearing.
Civil cases
Page 1 | Motion Practice: General
If a discovery extension would affect the specified dates, or a party seeks to adjourn those dates, the party must file a written motion showing good cause as soon as the need becomes apparent.
If an extension of discovery would affect such dates, or if a party seeks adjournment of such dates for other reasons, a written motion demonstrating good cause must be filed as soon as the need for an extension or adjournment becomes apparent.
Civil cases
Page 1 | 2) Standing Protocols—Written Discovery
All other adjournment requests must be made by motion.
All other requests for adjournments may only be adjourned by way of motion.
Civil cases
Page 1 | ALL MOTIONS
A set trial date may be adjourned only by motion and upon a showing of good cause.
***Trial dates, once set, will not be adjourned without a motion and a showing of good cause.***
Civil cases
Page 1 | Settlement Conference Procedure
Adjournments of discovery dates or the case track must be requested by motion.
All adjournments of discovery dates and/or track must be by motion.
Civil cases
Page 1 | Status Conference Procedure
The parties may extend discovery beyond the cutoff by written stipulation only if the extension does not affect the specified motion, settlement, pretrial, or trial dates.
Discovery may be conducted after the discovery cutoff date by written stipulation only if the extension of time does not affect dates for any motion cutoff, settlement conference, submission of joint final pretrial order, final pretrial conference, or trial.
Civil cases
Page 1 | 2) Standing Protocols—Written Discovery
Adjournment of case evaluation requires a motion, rather than a stipulation.
Adjournment of Case Evaluation: ___ Stipulation X Motion
Civil cases
Page 1 | Status Conference Procedure
Parties should contact the Court by email at least 1 week in advance. All of the parties must concur with the proposed adjourned date.
Parties should contact the Court by email at least 1 week in advance. All of the parties must concur with the proposed adjourned date.
Civil cases
Page 1 | Settlement Conference Procedure
After-cutoff discovery may proceed by written stipulation only if the extension does not affect the specified motion, settlement, pretrial, or trial dates.
Discovery may be conducted after the discovery cutoff date by written stipulation only if the extension of time does not affect dates for any motion cutoff, settlement conference, submission of joint final pretrial order, final pretrial conference, or trial.
Civil cases
Page 8 | iii. Written Discovery
If a discovery extension would affect the specified dates, or a party seeks to adjourn those dates for another reason, the party must promptly file a written motion demonstrating good cause once the need becomes apparent.
If an extension of discovery would affect such dates, or if a party seeks adjournment of such dates for other reasons, a written motion demonstrating good cause must be filed as soon as the need for an extension or adjournment becomes apparent.
Civil cases
Page 8 | iii. Written Discovery
Appeal adjournments may be by agreement or motion and generally should not exceed one week.
By agreement or motion. Generally, no more than a 1 week adjournment.
Civil cases
Page 1 | Appeals
Parties should request settlement-conference adjournments at least one week in advance.
*Requests should be made at least 1 week in advance*
Civil cases
Page 1 | Settlement Conference Procedure
Until further order, parties may mutually stipulate to adjourn a current Track One case to Track Two.
Until further order of Judge Allen, the parties may stipulate to the following tracks: All current Track One cases may be adjourned to Track Two by mutual stipulation.
Civil cases
Page 1 | ALL MOTIONS
Chambers Communication Rules
If a motion will be withdrawn, the moving party must email the Court Clerk as soon as possible to cancel it.
If the motion is going to be withdrawn, the moving party must email the Court (Roderick.Byrd@3rdcc.org ) to cancel the motion as soon as possible.
Civil cases
Page 1 | ALL MOTIONS
Parties must email the Court to request a briefing scheduling order for summary disposition motions.
PARTIES MUST E-MAIL THE COURT FOR A BRIEFING SCHEDULING ORDER.
Civil cases
Page 1 | MOTIONS FOR SUMMARY DISPOSITION
An emergency preliminary-injunction request must be accompanied by a telephone call and email notice to the Judicial Attorney.
All requests for an emergency preliminary injunction shall be accompanied by a telephone call and email notice to Judge Allen's Judicial Attorney.
Civil cases
Page 1 | Motions for Emergency Preliminary Injunctions
Informal communications must include all counsel; ex parte communication is not contemplated unless all counsel have given advance consent.
All such communication shall be conducted with ALL counsel present. No ex parte communication is contemplated absent the advanced consent of all counsel, i.e. such as in instances to settle a case when speaking to one side may be necessary.
Civil cases
Page 1 | Special Conferences
A TRO request requires a telephone call and email notice to the Judicial Attorney by noon on the filing day, or earlier if possible.
All requests for a TRO shall be accompanied by a telephone call and email notice to Judge Allen's Judicial Attorney no later than 12:00 p.m./noon on the day of filing (earlier if possible).
Civil cases
Page 1 | Temporary Restraining Orders ("TRO")
All parties must be included in emails to the Court or Judge to avoid ex parte communications.
All parties must be included in emails with the Court/Judge in order to avoid ex parte communications.
Civil cases
Page 1 | MEDIATIONS AND TRIALS
An attorney filing a motion for rehearing or reconsideration under MCR 2.119(F) must notify the Court Clerk and email the motion in Word format to the courtroom for review.
***Motions for Rehearing or Reconsideration pursuant to MCR 2.119(F)-Notify Court Clerk if being filed and provide an email with the Motion in word format to the to the courtroom for review. The Court does not receive notice that this type of motion is filed unless the attorney notifies the clerk.***
Civil cases
Page 1 | Motion Practice: General
A copy of the Joint Case Management Plan must be provided to the Judicial Attorney at the stated email address.
At least one week prior to the Case Management Conference, the parties must efile with the Court (with a copy to the Judicial Attorney at Karen.Liddle@3rdcc.org) a Joint Case Management Plan.
Civil cases
Page 1 | NOTICE AND ORDER TO APPEAR IN BUSINESS COURT CASE
While the Court is operating remotely, email is the preferred contact method; do not call the courtroom and leave a voicemail.
While the court is operating remotely, please email the court as the preferred method of communication. The Judicial Attorney can be reached via email at Rola.Khanafer@3rdcc.org. The Court Clerk, Rod Byrd can be reached at Roderick.Byrd@3rdcc.org. Please do not call the courtroom and leave voicemails.
Civil cases
Page 1 | MEDIATIONS AND TRIALS
Emails to the Court must include the case number and case name in the subject line.
Always include case number and case name in the subject line.
Civil cases
Page 1 | MEDIATIONS AND TRIALS
A TRO filed after noon without the required notice will be heard no earlier than 9:00 a.m. the next business day.
Any TRO filed after 12:00 p.m./noon without said notice to the Court shall be heard on the next business day at 9:00 a.m. the earliest.
Civil cases
Page 1 | Temporary Restraining Orders ("TRO")
Requests for informal email or telephone communication with the Judge must be coordinated through Judge Allen’s Judicial Attorney or Law Clerk.
Any requests for informal communication with the Judge by way of email or phone conference shall be coordinated by and through Judge Allen's Judicial Attorney/Law Clerk.
Civil cases
Page 1 | Special Conferences
If court staff may need to contact the parties, counsel should provide the handling attorney’s cell number whenever possible.
Please provide cell numbers for the attorney handling the matter whenever possible if the court staff need to reach out to the parties.
Civil cases
Page 1 | MEDIATIONS AND TRIALS
The Court generally permits informal email or telephone communication about non-dispositive matters, including scheduling, discovery management, and settlement.
The Court is generally agreeable to informal communication (email, phone conferences, etc.) on non-dispositive matters such as scheduling, discovery management and settlement.
Civil cases
Page 1 | Special Conferences