Judge David J. Allen
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Adjournments
- Discovery after the cutoff requires written stipulation if it does not affect other case dates; otherwise a written motion demonstrating good cause must be filed promptly.
- Adjournments of motions are not permitted; the moving party must instead re-file the motion, praecipe, and notice of hearing.
- Motions to adjourn should largely be unnecessary because Judge Allen is permitting stipulations.
- +7 more
Request must include
- Settlement conference adjournment requests must be emailed to the court at least 1 week in advance, with all parties concurring in the proposed adjourned date.
Communication
Chambers
Chambers
Clerk, Chambers
Phone
Chambers
Chambers
Page & Word Limits2 rules
Exhibits filed with motions are limited to 100 pages, and court permission is required to exceed that limit.
Exhibits are limited to 100 pages. Court permission must be obtained for exhibits exceeding 100 pages.
Exhibits
100 pages
Motions/briefs and responses/briefs are capped at 20 pages absent court approval, and reply briefs are limited to 5 pages.
Parties must adhere to the page limits outlined in MCR 2.116(G) and MCR 2.119(A)(2)(a): Attorneys must obtain Court approval to file any motion and brief or response and brief over 20 pages. Reply briefs are limited to 5 pages.
Motion
20 pages
Applies to: Attorney
Reply Brief
5 pages
Applies to: Attorney
Document Format Requirements5 rules
Written discovery must be served in both PDF and Word (or native) format.
Written discovery shall be served in both a PDF and Word (or native) format.
Electronically produced documents must presumptively be produced in native format with load files preserving all metadata.
Presumptively, all documents produced electronically shall be produced in native format and with the load files preserving all metadata.
Written discovery must be served in both PDF and Word (or native) format.
Written discovery shall be served in both a PDF and Word (or native) format.
A judge's copy of an emergency preliminary injunction request must be provided in Word format for review.
Please provide a Judge's copy in word format for review.
DOCX
Rehearing/reconsideration motions must be provided to the courtroom by email in Word format 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.
DOCX
Document Filing Requirements15 rules
Plaintiff's counsel must file a Joint Case Management Plan at least one week before the Case Management Conference, identifying areas of agreement/disagreement and positions.
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.
Document Type
Joint Case Management Plan
Parties must preserve all documents and ESI relevant or potentially relevant to the case; logistical and cost issues are addressed at the Case Management Conference.
The parties shall preserve all documents, including all electronically stored information relevant or potentially relevant to the case. Any logistical, cost or other issues presented by this requirement shall be addressed at the Case Management Conference.
Document Type
Documents
Initial disclosures must include the factual basis of claims/defenses, legal authorities, witness information, documents/ESI, damages computation, insurance agreements, and anticipated expert testimony subject areas.
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) 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 may 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.
Document Type
Initial Disclosure
Counsel must bring a proposed Early Discovery and Facilitation Order for the court's review at the business court status conference.
Counsel shall bring a proposed Early Discovery and Facilitation Order for the Court's review.
Document Type
Business Court Status Conference
At the business court final pretrial conference the parties must submit a proposed Joint Final Pretrial Order (separate proposed orders allowed only if a joint order cannot be compiled), and plaintiff's counsel files the agreed order.
A Final Pretrial Conference will be set at which time the parties will submit a proposed Joint Final Pretrial Order. The parties should attempt to compile a single order, but if unable to do so they may bring separate proposed orders to the conference. The Court and the parties will discuss the contents and the agreed upon Final Pretrial Order will be filed by Plaintiff's counsel.
Document Type
Final Pretrial Conference
Discovery motions under MCR 2.309(C) or 2.310(C)(3) must state that the movant good-faith conferred or attempted to confer to secure 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
The Joint Case Management Plan must address specified topics including claims/defenses, damages, venue, scheduling, discovery, and jury/non-jury trial.
The Joint Plan 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.
Document Type
Joint Case Management Plan
Judge Allen's Business Court Case Management Protocol is adopted as a Court Order for all business court cases unless objections are 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.
Document Type
Case Management Protocol
Attorneys of record must include an email address on all future pleadings.
Attorneys of Record must also provide an email address on all future pleadings.
Document Type
Pleading
Parties must serve initial disclosures based on reasonably available information and are not excused for incomplete investigation 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.
Document Type
Initial Disclosure
Produced documents must be identified by bates number or similar so it is clear which documents correspond to each interrogatory.
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.
Document Type
Discovery Production
Documents withheld on privilege grounds must be logged with five specified elements and produced concurrently with the document production and written responses.
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.
Document Type
Privilege Log
Discovery objections must be clear and concise, with boilerplate objections discouraged and responses indicating the scope of any withholding.
Objections shall be clear and concise. Boilerplate or "general" objections are discouraged. Responses with objections shall clearly indicate the scope of the withholding of any information or document on the basis of an asserted objection.
Document Type
Discovery Response
Individuals receiving confidential materials must complete and notarize a confidentiality agreement stating their address, employer, occupation, receipt of the Stipulated Protective Order, submission to Wayne County Circuit Court jurisdiction, and agreement to comply with all provisions.
I, _____________, being first duly sworn, state that: 1. My address is _________________________________________________________________. 2. My present employer is ____________________________________________, and the address of my employer is _____________________________________________________________________. 3. My present occupation is ________________________________________________________. 4. I have received a copy of the Stipulated Protective Order in the case of __________________ Case No. ___________________________ in the Wayne County Circuit Court of Michigan. 5. I submit to the jurisdiction of the Wayne County Circuit Court for purposes of enforcement of the Stipulated Protective Order. 6. I have carefully read and understand the provisions of the Stipulated Protective Order, and I will comply with all of its provisions.
Document Type
Confidentiality Agreement
Pleadings should include proposed orders.
All pleadings must be efiled and should include proposed orders.
Document Type
Pleadings
Filing & Service rules
Electronic Filing Rules
Parties must efile a Joint Case Management Plan with the Court 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.
Page 1 | NOTICE AND ORDER TO APPEAR IN BUSINESS COURT CASE
Hard copies of motions must not be mailed to the courtroom.
ALL MOTIONS -DO NOT MAIL HARD COPIES TO COURTROOM
Page 1 | All Motions
Hard copies must not be mailed to the courtroom while the court is operating remotely.
PLEASE DO NOT MAIL HARD COPIES TO THE COURTROOM WHILE THE COURT IS OPERATING REMOTELY.
Page 1 | All Motions
All pleadings must be e-filed.
All pleadings must be efiled and should include proposed orders.
Page 1 | All Motions
A notice of hearing and praecipe must be e-filed separately from other filings.
A notice of hearing and preacipe must be efiled separately.
Page 1 | All Motions
All orders must be e-filed separately (not bundled with other filings) and coded for entry.
All orders must be efiled separately and coded for entry.
Page 1 | All Motions
Filing Timing and Cure Windows
The Joint Case Management Plan must be 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.
Page 1 | NOTICE AND ORDER TO APPEAR IN BUSINESS COURT CASE
Failure to timely file the Joint Case Management Plan may result in sanctions.
Failure to timely file the Joint Case Management Plan may result in sanctions.
Page 3 | NOTICE AND ORDER TO APPEAR IN BUSINESS COURT CASE
All 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.
Page 4 | BUSINESS COURT SCHEDULING ORDER
All discovery must be completed by a specified date.
All discovery must be completed by ____________.
Page 4 | BUSINESS COURT SCHEDULING ORDER
Parties may amend pleadings as of right until a specified date; later amendments require a court order.
The parties are permitted to amend their pleadings as of right up to _______. Any amendments after that date require an Order of the Court.
Page 4 | BUSINESS COURT SCHEDULING ORDER
Plaintiff must disclose testimonial expert identities and subject matters by a specified date.
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.
Page 4 | BUSINESS COURT SCHEDULING ORDER
All dispositive motions must be filed by a specified date.
All Dispositive Motions must be filed by the following date of ______________________.
Page 4 | BUSINESS COURT SCHEDULING ORDER
Defendant must disclose testimonial expert identities and subject matters within 21 days of receiving 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.
Page 4 | BUSINESS COURT SCHEDULING ORDER
Parties must make 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.
Page 4 | BUSINESS COURT SCHEDULING ORDER
Witness lists must be exchanged and filed at least 60 days before the close of discovery.
Witness lists must be exchanged and filed with the Court at least 60 days prior to the close of discovery.
Page 4 | BUSINESS COURT SCHEDULING ORDER
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.
Page 6 | 2) Standing Protocols b. Case Management Conference
Parties must make initial disclosures within 30 days of the Case Management Conference.
Within 30 days of the Case Management Conference, the parties shall make certain initial disclosures, to the extent that such information is known.
Page 7 | Standard Discovery Protocols
Plaintiff's counsel must file the Joint Case Management Plan at least one week before the 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.
Page 1 | Wayne Business Court Case Management Protocol - Case Management Conference
The moving party must request the summary disposition scheduling order before the date initially set for case evaluation, even if the parties waive case evaluation in lieu of facilitation.
THE MOVING PARTY MUST REQUEST THE SCHEDULING ORDER PRIOR TO THE DATE INITIALLY SET FOR CASE EVALUATION. IF THE PARTIES WAIVE CASE EVALUATION IN LIEU OF FACILITATION, THE PARTIES STILL MUST REQUEST THE SCHEDULING ORDER PRIOR TO THE DATE SET FOR CASE EVALUATION.
Page 1 | Motions for Summary Disposition
A TRO filed after 12:00 p.m./noon without the required notice to the court will be heard no earlier than the next business day at 9:00 a.m.
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.
Page 1 | Business Court Cases-Protocols - Temporary Restraining Orders (TRO)
In business court cases, parties must request the scheduling order within 30 days after the close of discovery.
FOR BUSINESS COURT CASES, PARTIES MUST REQUEST A SCHEDULING ORDER WITHIN 30 DAYS AFTER THE CLOSE OF DISCOVERY.
Page 1 | Motions for Summary Disposition
Plaintiff's counsel must initiate a conference with all counsel of record at least 2 weeks before the Case Management Conference.
Counsel for Plaintiff must initiate a conference with all counsel of record at least 2 weeks prior to the CMC for the purpose of preparing the Joint Plan.
Page 1 | NOTICE AND ORDER TO APPEAR IN BUSINESS COURT CASE
Service and Proof of Service Rules
Counsel must accept email service; 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).
Page 6 | 2) Standing Protocols a. Electronic Service
Service via the Court's e-filing system is effective as of the document's time stamp.
Delivery of materials by the Court’s e-filing system also constitutes service effective as of the time stamp on the document.
Page 6 | 2) Standing Protocols a. Electronic Service
All business court counsel accept service of filings and communications by email, with service 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).
Page 1 | Wayne Business Court Case Management Protocol - Standing Protocols
Delivery through the court's e-filing system constitutes service, effective as of the document's time stamp.
Delivery of materials by the Court's e-filing system also constitutes service effective as of the time stamp on the document.
Page 1 | Wayne Business Court Case Management Protocol - Standing Protocols
Discovery must be served sufficiently in advance of the discovery cutoff to allow the opposing party time to respond.
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.
Page 8 | Standard Discovery Protocols
In general civil cases, plaintiff's counsel is responsible for serving the defendant.
Responsibility for serving Defendant: ___Court X Plaintiff counsel
Page 1 | General Operation Court Protocols - Status Conference Procedure
Sealing & Redaction Procedures
Materials designated "Confidential" must be filed under seal in sealed envelopes bearing the case caption and a prescribed confidentiality notice, and only the portions containing confidential material should be filed under seal or provided for in camera inspection.
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. Such sealed envelopes shall bear the case caption and shall recite a concise, non-disclosing 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. 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.
Page 13 | Stipulated Protective Order
Parties must obtain Court approval by filing and serving a motion under MCR 8.119(1) before filing documents under seal, and may not tender sealed items to the Clerk until the motion is granted.
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).
Page 15 | paragraph 18
A producing party who inadvertently fails to mark a document as Confidential must inform the receiving party within 30 days of discovery; the receiving party must return the unmarked documents and the producing party must substitute properly marked documents.
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.
Page 12 | STIPULATED PROTECTIVE ORDER
If inadvertently unmarked Confidential material is filed with the Court before notice is given, 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.
Page 12 | STIPULATED PROTECTIVE ORDER
Inadvertent disclosure of confidential discovery material is not deemed a waiver if the producing party notifies the receiving parties within 30 days of 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. 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.
Page 12 | STIPULATED PROTECTIVE ORDER
Objections to Confidential designations require an expedited meet-and-confer; unresolved disputes may be brought to the Court on an expedited basis, with the party claiming the designation bearing the burden of proving good cause.
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. The party claiming the "Confidential" designation shall have the burden of proving good cause for the entry of an order
Page 12 | STIPULATED PROTECTIVE ORDER
A non-producing party may designate produced materials as Confidential by notifying all parties in writing of 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.
Page 11 | STIPULATED PROTECTIVE ORDER
Any document may be designated Confidential if the producing party in good faith determines it 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.
Page 11 | STIPULATED PROTECTIVE ORDER
Confidential designation is made by conspicuously stamping or appending the designation; paper documents may be marked on the first page or each applicable page, and electronic documents may be marked without altering metadata or on the outside of the medium.
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.
Page 11 | STIPULATED PROTECTIVE ORDER
When materials are designated Confidential on the record, the court reporter must note it on the cover page, list pages/lines/exhibits, bind the transcript in separate portions, and unauthorized persons must be excluded during discussion of Confidential information.
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. 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.
Page 12 | STIPULATED PROTECTIVE ORDER
Deposition materials may be designated Confidential on the record or within 30 days of receiving the transcript; all deposition transcripts and exhibits are deemed Confidential for 30 days after receipt.
"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." All deposition transcripts and exhibits will be deemed Confidential for a period of 30 days after the receipt of the deposition transcript.
Page 12 | STIPULATED PROTECTIVE ORDER
Pre-Motion Conference Requirements
Motions to compel discovery must state that the movant conferred or attempted to confer in good faith before filing.
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.
Page 9 | iii. Written Discovery
Summary disposition motions are decided on the pleadings without hearings, and parties must email the court for a briefing scheduling order that applies to all parties and dispositive motions.
THE COURT IS NOT SCHEDULING HEARING DATES FOR SUMMARY DISPOSITION MOTIONS BUT IS CONSIDERING THE MOTIONS BASED ON THE PLEADINGS. PARTIES MUST E-MAIL THE COURT FOR A BRIEFING SCHEDULING ORDER. THE BRIEFING SCHEDULING ORDER APPLIES TO ALL PARTIES AND DISPOSITIVE MOTIONS.
Page 1 | Motions for Summary Disposition
All general motion hearings are held Thursdays at 10:00 a.m. via Zoom, and all parties must appear unless the court notifies them the matter will be decided without a hearing.
*JUDGE ALLEN HOLDS HEARINGS ON ALL GENERAL MOTIONS ON THURSDAYS AT 10 AM VIA ZOOM-ALL PARTIES MUST APPEAR UNLESS THE COURT NOTIFIES YOU THAT THE MATTER WILL BE DECIDED WITHOUT HEARING*
Page 1 | All Motions
General motions are heard Thursdays at 10:00 a.m. via Zoom on the date on the praecipe, and an accepted praecipe is required for the motion to be placed on the docket.
Thursdays-Date on praecipe at 10:00 a.m. via Zoom. The parties must have an accepted praecipe in order for the motion to be placed on the docket.
Page 1 | General Operation Court Protocols - Motion Practice
Until the court resumes full operations, all settlement conferences, business court status conferences, and motions proceed via Zoom on the scheduled date and time.
ALL SETTLEMENT CONFERENCES, BUSINESS COURT STATUS CONFERENCES AND MOTIONS WILL PROCEED VIA ZOOM ON THE DATE AND TIME SCHEDULED.
Page 1 | Remote Protocol
All motions in limine are heard on the morning of trial.
All Motions in Limine are to be heard on the morning of Trial.
Page 1 | General Operation Court Protocols - Trial
Motions in limine should be scheduled on the day of trial unless the parties obtain a different date from the court.
Jury Trials: All motions in limine should be scheduled on the day of Trial unless the parties obtain a different date from the Court.
Page 1 | Mediations and Trials
Adjournment & Extension Requirements
Discovery after the cutoff requires written stipulation if it does not affect other case dates; otherwise a written motion demonstrating good cause must be filed promptly.
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. 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.
Page 8 | Standard Discovery Protocols
All adjournments of discovery dates and/or track must be made by motion.
All adjournments of discovery dates and/or track must be by motion.
Page 1 | General Operation Court Protocols - Status Conference Procedure
Trial dates, once set, will not be adjourned without a motion and a showing of good cause.
***Trial dates, once set, will not be adjourned without a motion and a showing of good cause.***
Page 1 | General Operation Court Protocols - Settlement Conference Procedure
Adjournments of motions are not permitted; the moving party must instead 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.
Page 1 | General Operation Court Protocols - Motion Practice
Post-cutoff discovery is allowed only by written stipulation and only if the extension does not affect motion cutoff, settlement conference, joint final pretrial order, final pretrial conference, 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.
Page 1 | Wayne Business Court Case Management Protocol - Standard Discovery Protocols
A written motion demonstrating good cause must be filed as soon as the need for an extension or adjournment of key dates 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.
Page 1 | Wayne Business Court Case Management Protocol - Standard Discovery Protocols
Track One cases may be adjourned to Track Two by mutual stipulation, but all other adjournment requests must be made by motion.
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. All other requests for adjournments may only be adjourned by way of motion.
Page 1 | All Motions
Adjournment of case evaluation must be sought by motion rather than by stipulation.
Adjournment of Case Evaluation: ___ Stipulation X Motion
Page 1 | General Operation Court Protocols - Status Conference Procedure
Appeals may be adjourned by agreement or motion, generally for no more than one week.
By agreement or motion. Generally, no more than a 1 week adjournment.
Page 1 | General Operation Court Protocols - Appeals
Settlement conference adjournment requests must be emailed to the court at least 1 week in advance, with all parties concurring in the proposed adjourned date.
*Requests should be made at least 1 week in advance* Parties should contact the Court by email at least 1 week in advance. All of the parties must concur with the proposed adjourned date.
Page 1 | General Operation Court Protocols - Settlement Conference Procedure
Motions to adjourn should largely be unnecessary because Judge Allen is permitting stipulations.
Motions to adjourn should be, for the most part, unnecessary at this time as Judge Allen is permitting stipulations.
Page 1 | All Motions
Chambers Communication Rules
TRO requests must 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).
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).
Page 1 | Business Court Cases-Protocols - Temporary Restraining Orders (TRO)
Parties must email Judge Allen's judicial attorney at Rola.Khanafer@3rdcc.org to obtain a briefing scheduling order for summary disposition motions.
PLEASE EMAIL JUDGE ALLEN'S JUDICIAL ATTORNEY (Rola.Khanafer@3rdcc.org) FOR THE ISSUANCE OF A SCHEDULING ORDER AND FURTHER INFORMATION.
Page 1 | Motions for Summary Disposition
Attorneys filing rehearing or reconsideration motions must notify the courtroom clerk and email the motion in Word format to the courtroom, because the court receives no automatic notice of such filings.
***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.***
Page 1 | General Operation Court Protocols - Motion Practice
A party filing a motion for summary disposition in lieu of an answer must send a copy to Judge Allen's judicial attorney, and the court will issue a motion-specific briefing scheduling order.
IF A PARTY IS FILING A MOTION FOR SUMMARY DISPOSITION IN LIEU OF AN ANSWER- SEND A COPY OF THE MOTION FOR SUMMARY DISPOSITION IN LIEU OF AN ANSWER TO JUDGE ALLEN'S JUDICIAL ATTORNEY (Rola.Khanafer@3rdcc.org).
Page 1 | Motions for Summary Disposition
Every request for an emergency preliminary injunction must be accompanied by a telephone call and email notice to Judge Allen's 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.
Page 1 | Business Court Cases-Protocols - Motions for Emergency Preliminary Injunctions
All parties must be included on emails to the court/judge to avoid ex parte communications.
All parties must be included in emails with the Court/Judge in order to avoid ex parte communications.
Page 1 | Mediations and Trials
A copy of the Joint Case Management Plan must be emailed to the Judicial Attorney at Karen.Liddle@3rdcc.org.
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.
Page 1 | NOTICE AND ORDER TO APPEAR IN BUSINESS COURT CASE
Parties must not call the courtroom and leave voicemails.
Please do not call the courtroom and leave voicemails.
Page 1 | Mediations and Trials
The moving party must email the courtroom clerk (Roderick.Byrd@3rdcc.org) as soon as possible to cancel a motion that will be withdrawn.
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.
Page 1 | All Motions
Informal email/phone communications on non-dispositive business court matters are permitted but must include all counsel, with no ex parte communication absent the advance consent of all counsel.
The Court is generally agreeable to informal communication (email, phone conferences, etc.) on non-dispositive matters such as scheduling, discovery management and settlement. 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.
Page 1 | Business Court Cases-Protocols - Special Conferences
Emails to the court must always include the case number and case name in the subject line.
Always include case number and case name in the subject line.
Page 1 | Mediations and Trials
Requests for informal communication with the judge by email or phone conference must be coordinated through Judge Allen's judicial attorney/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.
Page 1 | Business Court Cases-Protocols - Special Conferences
Judge Allen's chambers phone must not be used to leave voicemail messages; parties should contact the court by email instead.
Phone Number: (313) 224-0250 (Please do not leave messages-email court)
Page 1 | Contact Information
Email is the preferred method of communication while the court operates remotely; the judicial attorney is at Rola.Khanafer@3rdcc.org and the clerk at Roderick.Byrd@3rdcc.org.
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.
Page 1 | Mediations and Trials
Parties must contact the court by email to learn which GAL Judge Allen will appoint, because the judge will not accept a party-retained or stipulated GAL.
Judge Allen will not accept a GAL retained by a party or stipulated by the parties. Please contact the Court via email for the identity of the person Judge Allen will appoint.
Page 1 | Appointment of GALs
Parties should provide cell numbers for the handling attorney so court staff can reach them when needed.
Please provide cell numbers for the attorney handling the matter whenever possible if the court staff need to reach out to the parties.
Page 1 | Mediations and Trials