Third Judicial Circuit Court of Michigan Pre-Motion Conference Requirements

CRITICALCivil cases

For non-dispositive motions, reply and supplemental briefs may not be filed without Court leave.

For non-dispositive motions, pursuant to MCR 2.119(A)(2)(b), no reply briefs or supplemental briefs are allowed without leave of the Court.

CRITICALCivil cases

Resolve disagreements about jury instructions through a motion in limine scheduled for the final pretrial conference date.

Any disagreements regarding the jury instructions shall be resolved via a Motion in Limine scheduled for the date of the final pre-trial conference.

CRITICALCivil cases

No oral argument is provided, unless notified by the Court. You must submit a Praecipe however so that the Clerk can set a control date. Give your Praecipe any Friday date, 30 days in future. These motions will be decided WITHOUT oral argument. Pursuant to MCR 2.119(F)(2), no responses are permitted unless the Court specifically allows them.

No oral argument is provided, unless notified by the Court. You must submit a Praecipe however so that the Clerk can set a control date. Give your Praecipe any Friday date, 30 days in future. These motions will be decided WITHOUT oral argument. Pursuant to MCR 2.119(F)(2), no responses are permitted unless the Court specifically allows them.

CRITICALCivil cases

In general, the Court requires that all RESPONSES be due 2 weeks prior to the MSD hearing and all REPLIES be due 1 week prior to the MSD hearing.

In general, the Court requires that all RESPONSES be due 2 weeks prior to the MSD hearing and all REPLIES be due 1 week prior to the MSD hearing.

CRITICALCivil cases

No response or oral argument is permitted on a reconsideration motion unless the court orders otherwise.

Pursuant to MCR 2.119(F)(2), NO RESPONSE may be filed and there is NO oral argument, unless the court Orders otherwise.

CRITICALCivil cases

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.

CRITICAL

Motions for Summary Disposition (MSD) pursuant to MCR 2.116(C)(10) should not be filed until Discovery is closed. A party may seek permission to file a (C)(10) before Discovery closes by filing a Motion.

Motions for Summary Disposition (MSD) pursuant to MCR 2.116(C)(10) should not be filed until Discovery is closed. A party may seek permission to file a (C)(10) before Discovery closes by filing a Motion.

CRITICAL

Before filing a motion, counsel must communicate the requested relief to opposing counsel; failure may result in attorney fees or sanctions.

COUNSEL MUST COMMUNICATE THE REQUESTED RELIEF TO OPPOSING COUNSEL PRIOR TO FILING MOTION. Failure to do so will result in court granting attorney fees and/or sanctions.

CRITICALCivil cases

Attorneys must discuss motions to compel and other discovery motions with opposing counsel before filing.

Attorneys must discuss these Motions with opposing counsel prior to filing.

CRITICAL

Motions concerning expert credentials or Daubert issues are treated as summary-disposition motions and must follow the summary-disposition scheduling and filing protocol.

Any Motion concerning expert witness credentials or Daubert related issues is considered a Motion for Summary Disposition and must be scheduled accordingly and comply with the aforementioned protocol on Summary Disposition Motions.

CRITICAL

Discuss motions to compel and other discovery motions with opposing counsel before filing.

Motions to Compel and Other Discovery Motions must be discussed with opposing counsel prior to filing.

CRITICALCivil cases

Parties with discovery motions must use the free virtual Discovery Mediation process.

Parties with discovery motions must make use of free virtual Discovery Mediation:

CRITICALCivil cases

Motions in Limine must be heard before trial, normally on the date of the Final Pretrial Conference specified in the court’s order.

Motions in Limine must be heard before trial, which is normally on the date of Final Pretrial Conference. The date of the Final Pretrial Conference will be provided in an order issued by the court.

CRITICALCivil cases

Motions in Limine must be heard at least ten days before trial and are not heard during the regular Friday Motion Call.

At least ten days before the Trial date. Please reach out to the Court Clerk via email for assistance with a hearing date. Motions in Limine will not be heard during the regular Friday Motion Call.

CRITICALCivil cases

Responses to motions for reconsideration are not permitted unless the court authorizes them.

No responses are permitted unless authorized by the court.

CRITICAL

Before presenting a contemplated motion, the moving party must determine whether it will be opposed and state in the motion the specified-date request for concurrence and its denial or lack of acquiescence.

The moving party must ascertain whether a contemplated motion will be opposed. The motion must affirmatively state that the concurrence of counsel in the relief sought has been requested on a specified date, and that concurrence has been denied or has not been acquiesced in, and hence, that it is necessary to present the motion.

WARNINGCivil cases

Motions scheduled for 8:30 a.m. are decided on the pleadings unless the Judge orders oral argument, in which case the parties receive an order setting the hearing.

Motions for Summary Disposition, Show Cause Motions and Special Conferences will be heard via zoom on Friday's at 10:00 am. ALL motions scheduled for 8:30 am are decided on the pleadings only, pursuant to MCR 2.119(E)(3). After review of the motion, if the Judge decides oral argument is necessary then the parties will receive an Order from the Judge with the date and time for the hearing.

WARNINGCivil cases

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.

WARNINGCriminal cases

Motions in limine are heard on the final conference date or another date set by the Court.

When will such a motion be heard? On the date of the final conference or another date set by the Court

WARNING

For discovery disputes, parties should try to stipulate to an order; otherwise, file the motion, obtain a Discovery Master recommendation, and then schedule a hearing with the courtroom clerk and file a praecipe and notice of hearing.

The parties should try to stipulate to an Order Compelling Discovery. If this is not possible, file your motion to compel and then schedule a hearing time before one of the FREE Discovery Masters. The mediation tribunal has the contact information for the Discovery Masters. This person will assist in resolving the Discovery dispute. They will make a recommendation and will transmit it to the Judge, if the parties cannot agree on a course of action. Once the recommendation is made, schedule your hearing with Judge Ewell’s Courtroom Clerk. File a Praecipe and a Notice of Hearing for the date given to you.

WARNINGCivil cases

Rehearing or reconsideration motions receive no oral argument unless the Court notifies the parties; submit a praecipe with a Friday date 30 days in the future for a control date.

No oral argument is provided, unless notified by the Court. You must submit a Praecipe however so that the Clerk can set a control date. Give your Praecipe any Friday date, 30 days in future.

WARNINGCivil cases

The Court expects attorneys to work cooperatively to resolve discovery disputes without a court hearing.

The Court expects that all attorneys will work cooperatively with each other to resolve discovery disputes without the necessity of a court hearing.

WARNINGCivil cases

Unopposed motions to compel may result in sanctions.

Unopposed motions to compel may result in sanctions pursuant to MCR 2.313.

WARNINGCivil cases

For reconsideration motions, attendance and a response are not required or permitted unless the Court specifically requests a response or hearing.

Pursuant to MCR 2.119(F)(2), attendance at the hearing date is not required nor is a response permitted unless the Court specifically contacts the parties requesting a response and/or a hearing.

WARNINGCivil cases

Pretrial motions are generally scheduled to be heard at the Final Pretrial Conference.

Pretrial Motions are generally scheduled to be heard at the time of Final Pretrial Conference.

INFO

The court strongly encourages cordial communication between counsel and parties before requesting a summary-disposition hearing.

Note: the court greatly encourages cordiality and communication between counsel/parties before a hearing on a motion for summary disposition is requested.

INFOCivil cases

Motions in limine are generally heard at 1:00 p.m. on the Thursday before trial, but Judge Snow may hear them earlier depending on how many are filed.

Generally, the Court will hear motions in limine on the Thursday before trial at 1:00 p.m. At Judge Snow's discretion, motions in limine may be heard earlier depending upon the number of motions in limine filed.

INFO

The Court may request briefing instead of oral argument.

The Court may request briefing in lieu of oral arguments.

INFO

Motions for reconsideration do not require oral argument.

Motions for Reconsideration do not require oral argument.