Judge David M. Cohen
Individual Rules, Standing Orders & Policies
Adjournments
- The Court will grant an adjournment of the initial scheduling order at the early scheduling conference.
- The Court will not grant adjournments of the amended scheduling order issued after the early scheduling conference.
- The Court will accept one stipulated adjournment of the discovery cutoff if it does not interfere with the settlement conference or trial date.
- +2 more
Request must include
Communication
Document Format Requirements6 rules
Public viewers must mute themselves and turn off their video.
When appearing via Zoom for a motion hearing, please ensure that your screen name includes your FULL name and the case number for which you are appearing.
Remote participants must behave and dress appropriately and professionally, but suits and ties are not required.
Court's wording
The call is a court proceeding and therefore an extension of the courtroom. Appropriate conduct and attire is expected and required.Although suits and ties are not required, one should look and act professionally and presentably.
Remote participants must place their mobile devices on a solid surface with the camera at eye level.Do not hand-hold mobile devices and do not lay phones or tablets flat on a desk or tabletop!
Remote participants must use a private and quiet place that will be free of interruptions.Also, video meetings require good, consistent lighting, so avoid rooms with windows or bright lights in the background.
Members of the public who wish to observe a live Zoom proceeding may do so anonymously by joining the Zoom meeting using the screen name “Public.”
Document Filing Requirements28 rules
On the morning of trial, parties must submit a final witness list identifying each witness, testimony format, and approximate time on the stand.
Court's wording
The parties are to submit their final witness list to the Court on the morning of trial with the names of witnesses who will be called, a designation as to whether their testimony will be live, via video or read into the record and the approximate amount of time they expect the witness to be on the stand.
Failure to file the proposed list will result in the waiver of all motions in limine by the party not in compliance with the Court’s order.
Exhibits must be marked by counsel prior to trial and a complete set must be submitted to the Court on the first day of trial. Plaintiff is to mark its exhibits with numbers. Defendant is to mark its exhibits with letters.
Parties must file a notice of hearing and praecipe for the Wednesday of their choice and indicate the motion is to be heard via Zoom at 9:00 a.m.
Further, the parties must file joint proposed jury instructions, any special instructions being requested and any objections to the requested instructions.
Viewers are prohibited from recording or otherwise copying court proceedings.
Parties must file a notice of hearing and praecipe for the Wednesday of their choice and indicate the motion is to be heard via Zoom at 9:00 a.m.
All motions and briefs shall succinctly and concisely set forth their basis, facts in support and authority.
The Court conducts an in-person settlement conference on all cases with a jury demand on Thursday mornings at 9:00 a.m. Trial Counsel and all clients with final ===== PAGE 4 ===== authority to settle the matter must be in attendance.
Counsel and clients must attend the Wednesday 1:00 p.m. Zoom final pretrial conference in cases without a jury demand.
Court's wording
The Court conducts a final pretrial conference in all cases without a jury demand and these conferences are conducted on Wednesday afternoons at 1:00 p.m. via Zoom. Counsel and clients must be in attendance.
Failure to file the proposed list will result in the waiver of all motions in limine by the party not in compliance with the Court’s order.
Further, the parties must file joint proposed jury instructions, any special instructions being requested and any objections to the requested instructions.
Each party must file a proposed list of motions in limine and its proposed jury instructions before the scheduled conference.
Court's wording
At least seven days prior to the Court’s scheduled final pretrial and/or settlement conference each party to the Case must efile a list of proposed motions in limine and the party’s proposed jury instructions.
submitted to the Court on the first day of trial. Plaintiff is to mark its exhibits with numbers. Defendant is to mark its exhibits with letters.
Parties must submit a final witness list to the Court on the morning of trial, identifying called witnesses, testimony format, and expected time on the stand.
Court's wording
The parties are to submit their final witness list to the Court on the morning of trial with the names of witnesses who will be called, a designation as to whether their testimony will be live, via video or read into the record and the approximate amount of time they expect the witness to be on the stand.
Counsel knowledgeable of the case must be present at the Zoom early scheduling conference.
The Court conducts a final pretrial conference in all cases without a jury demand and these conferences are conducted on Wednesday afternoons at 1:00 p.m. via Zoom. Counsel and clients must be in attendance.
The Court conducts an in-person settlement conference on all cases with a jury demand on Thursday mornings at 9:00 a.m. Trial Counsel and all clients with final authority to settle the matter must be in attendance. Please ensure travel arrangements are made in advance to ensure attendance by out-of-state clients.
Parties may file motions in conformance with local and Michigan Court Rules. All motions and briefs shall succinctly and concisely set forth their basis, facts in support and authority.
The appellant is responsible for securing the filing of the record from the trial court or agency and any transcript.
The amended scheduling order is not a guide, and the Court expects strict adherence to the dates set forth therein.
The Court takes jury instructions seriously and expects the jury instructions to be filed in a timely manner in accordance with Court orders
The appellant must praecipe the appellate oral argument for the date and time set by the Court.
Parties are required to exchange and stipulate to exhibits in advance of trial.
When appearing via Zoom for a motion hearing, please ensure that your screen name includes your FULL name and the case number for which you are appearing.
Due to the extensive time spent reviewing legal filings, oral arguments should be brief and highlight important points only.
This schedule is subject to change depending on the Court’s schedule.
The Court will accept pleas made pursuant to People v Cobbs at the time of arraignment or the pre-trial conference.
Filing & Service rules
Electronic Filing Rules
Civil cases, criminal cases, and appeals must be electronically filed through MiFile.
All civil cases, criminal cases, and appeals are to be electronically filed through the MiFile system.
Page 1 | Protocol
An emergency motion will be considered only if a written motion stating good cause is e-filed.
For an “emergency motion” to be considered, a written motion setting forth “good cause” must be eFiled.
Page 1 | Protocol
Civil cases, criminal cases, and appeals must be electronically filed through MiFile.
All civil cases, criminal cases, and appeals are to be electronically filed through the MiFile system.
Page 1 | eFiling
Oral and emailed requests for emergency motions will not be considered.
Oral or emailed requests for an emergency motion will not be considered.
Page 2 | Emergency Motions
An emergency motion must be filed electronically in writing and set forth good cause to be considered.
For an “emergency motion” to be considered, a written motion setting forth “good cause” must be efiled.
Page 2 | Emergency Motions
Attorneys and self-represented parties must set themselves up in MiFile to receive filing notifications.
Attorneys, and self-represented parties, are to ensure they are properly set up in the MiFile system and are receiving notifications when documents are filed into the case file.
Page 1 | Protocol
Attorneys and self-represented parties must set themselves up in MiFile and receive filing notifications.
Attorneys, and self-represented parties, are to ensure they are properly set up in the MiFile system and are receiving notifications when documents are filed into the case file.
Page 1 | eFiling
Arraignments may be submitted by mail only with the Court’s prior permission.
The Court will accept arraignments by mail with the Court’s prior permission.
Page 4 | Criminal Matters
Arraignments may be accepted by mail only with the Court’s prior permission.
The Court will accept arraignments by mail with the Court’s prior permission.
Page 1 | Protocol
Filing Timing and Cure Windows
Each party must e-file proposed motions in limine and proposed jury instructions at least seven days before the final pretrial or settlement conference.
At least seven days prior to the Court’s scheduled final pretrial and/or settlement conference each party to the Case must eFile a list of proposed motions in limine and proposed jury instructions.
Page 1 | Protocol
Motions must be both filed and heard at least 30 days before the final pretrial or settlement conference or they will be considered waived.
Motions may be filed during the pendency of litigation; however, all motions must be filed and heard at least thirty days before the party’s scheduled final pretrial and/or settlement conference. Motions not filed and heard at least 30 days prior to the final pretrial/settlement conference will be considered waived.
Page 1 | Protocol
Motions must be filed and heard at least 30 days before the scheduled final pretrial or settlement conference.
Motions may be filed during the pendency of litigation; however, all motions must be filed and heard at least thirty days before the party’s scheduled final pretrial and/or settlement conference.
Page 2 | Motion Practice
A motion not filed and heard at least 30 days before the final pretrial or settlement conference is considered waived.
Motions not filed and heard at least 30 days prior to the final pretrial/settlement conference will be considered waived.
Page 2 | Motion Practice
Each party must e-file its proposed motions in limine list and proposed jury instructions at least seven days before the scheduled final pretrial or settlement conference.
At least seven days prior to the Court’s scheduled final pretrial and/or settlement conference each party to the Case must efile a list of proposed motions in limine and the party’s proposed jury instructions.
Page 3 | Motions in Limine and Proposed Jury Instructions
For civil cases, the initial scheduling order is issued approximately 75 days after the complaint and sets an early scheduling conference.
The Case Management Office issues an initial scheduling order for all civil cases approximately 75 days after the complaint is filed and this initial order will set an early scheduling conference.
Page 1 | Scheduling Orders and Early Scheduling Conferences
Participants should join the Zoom meeting approximately 10 minutes before the assigned motion time slot.
Please join the Zoom meeting approximately 10 minutes prior to your motion’s assigned time-slot.
Page 2 | Motion Practice
Parties scheduled for a motion hearing receive detailed Zoom instructions through MiFile the day before the hearing.
Parties scheduled for a motion hearing will receive detailed Zoom instructions via MiFile the day prior to the motion hearing.
Page 1 | Protocol
The Court assigns motion-hearing timeslots on the preceding Tuesday and files notice in the case file.
The Court will assign specific timeslots based on its docket the Tuesday before the call and file notice into the case file.
Page 1 | Protocol
For civil cases, the initial scheduling order and early scheduling conference are set approximately 75 days after the complaint is filed.
The Case Management Office issues an initial scheduling order for all civil cases approximately 75 days after the complaint is filed and this initial order sets an early scheduling conference.
Page 1 | Protocol
Participants should join the motion-hearing Zoom meeting approximately 10 minutes before their assigned timeslot.
Please join the Zoom meeting approximately 10 minutes prior to your motion’s assigned timeslot.
Page 1 | Protocol
After the record is received in eFiling, the Court issues a scheduling order setting appeal briefing deadlines and a hearing date.
Once the record is received in eFiling, the Court will issue a brief scheduling order setting the briefing deadlines and hearing date for the appeal.
Page 1 | Protocol
The Court assigns motion time slots based on its docket the Tuesday before the call and files notice in the case file.
The Court will assign specific time slots based on its docket the Tuesday before the call and file notice into the case file.
Page 2 | Motion Practice
Service and Proof of Service Rules
Court orders are served through MiFile, and failure to register for MiFile notifications will not excuse noncompliance.
The Court’s orders are served on the parties through MiFile and the Court will assume that parties are receiving Court orders and will not excuse non-compliance with a Court order because an attorney or, a self-represented party, failed to set themselves up as a recipient in MiFile.
Page 1 | Protocol
Court orders are served through MiFile, and failure to set up as a recipient does not excuse noncompliance.
The Court’s orders are served on the parties through MiFile and the Court will assume that parties are receiving Court orders and will not excuse non-compliance with a Court order because an attorney or, a self-represented party, failed to set themselves up as a recipient in MiFile.
Page 1 | eFiling
Courtesy Copy Requirements
The Court does not require physical or Judge’s copies of filings.
*Please note that the Court does not require physical copies/Judge’s Copies of filings.
Page 1 | Protocol
Pre-Motion Conference Requirements
Counsel knowledgeable about the case must attend the Zoom early scheduling conference.
Counsel knowledgeable of the case must be present at the Zoom early scheduling conference.
Page 1 | Scheduling Orders and Early Scheduling Conferences
If mediation does not resolve a discovery dispute, the moving party must re-notice and re-praecipe the motion for another Wednesday.
If parties are unable to resolve their dispute with the mediator, the moving party shall re-notice and re-praecipe the motion for another Wednesday.
Page 2 | Motion Practice
Parties must timely and professionally attempt to resolve discovery disputes and file only substantive discovery motions requiring a legal ruling.
Parties shall attempt to resolve all discovery disputes in a timely and professional manner and shall only file substantive discovery motions that require a legal ruling.
Page 1 | Protocol
Ex parte relief will be granted only in accordance with MCR 3.310 and applicable court rules.
The Court strictly adheres to MCR 3.310 and will only grant ex parte relief in accordance with the court rules.
Page 1 | Protocol
Missing the filing deadline for the next Wednesday docket or a court-imposed deadline does not qualify as an emergency.
The Court does not consider Counsel’s failure to file their motion in time to be on the next Wednesday’s docket an “emergency” nor does the Court consider the failure to meet Court imposed deadlines an “emergency.”
Page 1 | Protocol
If mediation does not resolve a discovery dispute, the moving party must re-notice and re-praecipe the motion for another Wednesday.
If parties are unable to resolve their dispute with the mediator, the moving party shall re-notice and re-praecipe the motion for another Wednesday.
Page 1 | Protocol
Discovery motions are routinely referred to the Oakland County Bar Association discovery mediator.
Discovery motions are routinely referred to the Oakland County Bar Association discovery mediator.
Page 2 | Motion Practice
Parties must attempt timely, professional resolution of discovery disputes and file only substantive discovery motions requiring a legal ruling.
Parties shall attempt to resolve all discovery disputes in a timely and professional manner and shall only file substantive discovery motions that require a legal ruling.
Page 2 | Motion Practice
The Court decides in its discretion whether a motion qualifies as an emergency.
The Court, in its discretion, will determine whether the motion constitutes an "emergency" and adjudicate the motion accordingly.
Page 2 | Emergency Motions
The Court may accelerate briefing for a TRO or preliminary-injunction motion upon a showing of good cause.
The Court may accelerate the briefing schedule for motions for a temporary restraining order or a preliminary injunction if good cause is shown.
Page 3 | Temporary Restraining Orders and Preliminary Injunctions
The Court may dispense with oral argument under MCR 2.119(E)(3).
The Court reserves the right to dispense with oral argument under MCR 2.119(E)(3).
Page 1 | Protocol
The Court may accelerate briefing for a temporary restraining order or preliminary injunction motion upon a showing of good cause.
The Court may accelerate the briefing schedule for motions for a temporary restraining order or a preliminary injunction if good cause is shown.
Page 1 | Protocol
The Court determines in its discretion whether a motion qualifies as an emergency and how to adjudicate it.
The Court, in its discretion, will determine whether the motion constitutes an "emergency" and adjudicate the motion accordingly.
Page 1 | Protocol
Discovery motions are routinely referred to the Oakland County Bar Association discovery mediator.
Discovery motions are routinely referred to the Oakland County Bar Association discovery mediator.
Page 1 | Protocol
Adjournment & Extension Requirements
The Court will not grant adjournments of the amended scheduling order issued after the early scheduling conference.
Due to the time spent with parties at the early scheduling conference and the wide latitude given, the Court will not grant adjournments of the amended scheduling order issued after the ESC.
Page 1 | Protocol
Scheduling-order adjournments cannot be made by stipulation and require good cause demonstrated in a motion stating specific facts.
Due to the time spent with parties at the early scheduling conference and the wide latitude given, the Court will not accept stipulations to adjourn scheduling orders and will only adjourn dates based on good cause, demonstrated through a motion setting forth specific facts.
Page 1 | Scheduling Orders and Early Scheduling Conferences
The Court will grant an adjournment of the initial scheduling order at the early scheduling conference.
The Court will grant an adjournment of the initial scheduling order at the ESC.
Page 1 | Protocol
The Court will accept one stipulated adjournment of the discovery cutoff if it does not interfere with the settlement conference or trial date.
The Court will accept one (1) stipulation to adjourn the discovery cut-off set forth in the amended scheduling order if the adjournment does not interfere with the settlement conference and trial date.
Page 1 | Protocol
Failure to promptly provide or pursue discovery does not establish good cause for an adjournment.
Failure to promptly provide or pursue discovery is not considered good cause by this Court.
Page 1 | Scheduling Orders and Early Scheduling Conferences
Chambers Communication Rules
Oral or emailed requests for emergency motions will not be considered.
Oral or emailed requests for an emergency motion will not be considered.
Page 1 | Protocol
Counsel must email a copy of a filed emergency motion to Judge Cohen’s Judicial Assistant at the stated address.
Counsel must email a copy of their filed motion to Judge Cohen’s Judicial Assistant, Lauren Hurst at hurstl@oakgov.com.
Page 2 | Emergency Motions
Any conflict with the amended scheduling order’s trial date must be brought to the Court’s attention immediately.
Any conflict with the trial date set forth in the amended scheduling order shall be brought to the Court’s attention immediately so that the date may be re-scheduled.
Page 1 | Protocol
The Court may terminate the call and reschedule the proceeding if video quality is unacceptable.
If the court determines the quality of the video experience is not acceptable it has the right to terminate the call and reschedule the proceeding.
Page 1 | Zoom Participation and Courtroom Conduct
Anyone expecting to be more than 15 minutes late must immediately call chambers to inform staff.
The judge takes the bench promptly at the times stated above. If you expect to be more than 15 minutes late, you must call chambers immediately to inform the staff.
Page 1 | Protocol
Counsel must email a copy of a filed motion to the judge’s judicial assistant.
Counsel must email a copy of their filed motion to Judge Cohen’s Judicial Assistant, Lauren Hurst at hurstl@oaklandcountymi.gov.
Page 1 | Protocol
Anyone expecting to be more than 15 minutes late must call chambers immediately to inform staff.
The judge takes the bench promptly at the times stated above. If you expect to be more than 15 minutes late, you must call chambers immediately to inform the staff.
Page 4 | Criminal Matters
Remote participants should learn the controls and test their microphone and speakers before the call.
Remote participants should take time prior to the call to become familiar with the controls and test the mic and speaker controls.
Page 1 | Zoom Participation and Courtroom Conduct
Remote participants are advised to use a reliable wired, Wi-Fi, or LTE connection and are responsible for any mobile data charges.
Remote participants should use a wired connection, a strong Wi-Fi connection, or a substantial LTE mobile data plan to ensure a quality connection. (Note: Mobile data use may incur substantial cellular carrier charges which are the responsibility of the remote participant.)
Page 1 | Zoom Participation and Courtroom Conduct