Judge Michael Warren
Individual Rules, Standing Orders & Policies
Limits & Logistics
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Page & Word Limits1 rule
Briefs must comply with the MCR’s form and length limits, though the Court may approve a longer limit before the motion deadline for specified complex or first-impression cases.
Court's wording
All briefs must be in the form and length set forth in the MCR; provided, however, that cases involving complex constitutional matters, class action certification, and other extraordinarily complex issues or issues of first impression may, upon the Court's approval prior to the motion deadline, have a longer page limit.
Document Format Requirements5 rules
The Court additionally strictly enforces MCR 2.119(A)(2), including but not limited to page limitations, font size, and spacing.
Presumptively, all documents produced electronically shall be produced in native format and with the load files preserving all metadata.
A deposition may not exceed one day of seven hours. MCR 2.306(A)(3).
Presumptively, all documents produced electronically shall be produced in native format and with the load files preserving all metadata.
The parties are encouraged, subject to MCR 2.306(A)(3), to agree on deposition number, length, timing, location, and sequencing.
Court's wording
Subject to MCR 2.306(A)(3), the parties are encouraged to agree upon a limitation on the number and length of any depositions, including the timing, location and sequencing of those depositions that will best serve the speedy, just and efficient resolution of the matter.
Document Filing Requirements22 rules
In addition, a Notice of Hearing must also accompany the filing of a dispositive motion and it must state that the hearing date will be scheduled by a date to be determined by the Court.
Only after Court approval may a combined motion and brief beyond page limitation be submitted.
Parties must praecipe motions (other than summary disposition) and file a related Notice of Hearing for any Wednesday of their choice.
A Motion for Leave to exceed the MCR page limit must be filed before the motion deadline, may not attach the oversized proposed submission, and must be granted before that submission is filed.
Court's wording
In sum, a motion for leave must be filed before the Court will accept a combined motion and brief beyond the page limitations set forth in the MCR; a motion for leave must be filed before the motion deadline; and a motion for leave may not attach the proposed submission exceeding the page limitation set forth in the MCR (the combined motion and brief exceeding the page limitation may only be submitted after Court approval).
For all civil cases, a theory of the case, jury instructions and verdict form in written and electronic form (Word) (or trial briefs in the event of a bench trial) must be filed with the Court 7 days prior to trial (if not otherwise set forth in a pre-trial order).
Although praecipes are not required when filing a summary disposition motion, the Motion Certification required by Local Sixth Judicial Circuit Court Rule 2.119(B)(2) must still be signed and filed by the attorney of record or the party in propria persona.
- Document
- Summary disposition motion
Must include
- •Local rule certificate
Unless exempted by court rule, stipulation, or court order, parties must provide specified claim, witness, document, damages, insurance, and expert information without waiting for a discovery request.
Court's wording
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; ===== PAGE 6 ===== d. A copy - or a description by category and location - of all documents, ESI, 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, ESI, 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 (or an opportunity to inspect a copy) of pertinent portions 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 including self-insured retention and limitations on coverage, indemnity, or reimbursement for amounts available to satisfy a judgment; and h. The anticipated subject areas of expert testimony.
Initial disclosures must be in writing, signed, and served, and a proof of service must be promptly filed.
- Document
- Initial disclosures
Must include
- •Certificate of service
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.
A privilege log must identify each document, describe its subject matter and type, list relevant authors and recipients, and state the privilege asserted.
Court's wording
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.
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.
A motion under MCR 2.309(C) or 2.310(C)(3) must state that the movant conferred or attempted in good faith to obtain disclosure without court action.
Court's wording
7. 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.
In addition, a Notice of Hearing must also accompany the filing of a dispositive motion and it must state that the hearing date will be scheduled by a date to be determined by the Court.
Although praecipes are not required when filing a summary disposition motion, the Motion Certification required by Local Sixth Judicial Circuit Court Rule 2.119(B)(2) must still be signed and filed by the attorney of record or the party in propria persona.
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.
Within 14 days of the ESI Conference, the parties shall file with the Court an ESI discovery plan and a statement concerning any issues upon which the parties cannot agree. MCR 2.401(J)(2).
Although praecipes are not required when filing a summary disposition motion, the Motion Certification required by Local Sixth Judicial Circuit Court Rule 2.119(B)(2) must still be signed and filed by the attorney of record or the party in propria persona.
- Document
- Summary disposition motion
Must include
- •Local rule certificate
In addition, a Notice of Hearing must also accompany the filing of a dispositive motion and it must state that the hearing date will be scheduled by a date to be determined by the Court.
(3) Form. Initial disclosures must be in writing, signed, and served, and a proof of service must be promptly filed.
- Document
- Initial disclosures
Must include
- •Certificate of service
To ensure timeliness, parties should submit the most recent scheduling order of the Court demonstrating that no motion cut-off date has precluded the filing of the motion.
A log for post-litigation communications may be agreed to by the parties or requested by motion.
To ensure timeliness, parties should submit the most recent scheduling order of the Court demonstrating that no motion cut-off date has precluded the filing of the motion.
Filing & Service rules
Electronic Filing Rules
Nearly all of Judge Warren’s civil cases must be e-filed.
Now nearly all of his civil cases are required to be e-filed.
Page 1 | Business Court Case Management Protocol for Judge Warren
Unless exempt from mandatory electronic filing, parties and the Court must use the Court’s Electronic-Filing and Electronic-Service system for e-service, and parties are responsible for maintaining a functional email address and for certain transmission failures.
As a reminder, unless exempted from mandatory electronic filing, e-service by the parties and the Court is effectuated using the Court’s Electronic-Filing and Electronic-Service system – the parties must ensure functionality of the email address provided to the Court for e-service/delivery etc.; a transmission failure caused by a problem with an authorized user’s telephone line, ISP, hardware or software is attributable to the authorized user regardless of who initiated the transmission.
Civil cases
Page 1 | Standing Protocols
Filing Timing and Cure Windows
All pretrial motions, including motions in limine, must be heard at least 30 days before trial or they are deemed waived.
All pretrial motions, including motions in limine, must be heard no later than 30 days prior to trial, otherwise such motions are deemed waived.
Page 1 | Arraignments, pre-trial conferences, pleas, sentencing, and violations of probation
The parties must file an ESI discovery plan and a statement of unresolved issues within 14 days after the ESI Conference.
Within 14 days of the ESI Conference, the parties shall file with the Court an ESI discovery plan and a statement concerning any issues upon which the parties cannot agree.
Page 10 | v. Electronic Discovery; ESI (Electronically Stored Information)
If an ESI Conference is necessary, the ESI discovery plan must be filed 14 days after the conference.
if so, the ESI discovery plan shall be filed 14 days following the conference
Civil cases
Page 2 | Case Management Conference and/or Initial Status Conference
Within 10 days after service of the deposition notice, the noticed entity may object or move for a protective order; the discovery-seeking party may then proceed on unobjected topics or move to enforce the notice.
No later than 10 days after being served with the notice, the noticed entity may serve objections or file a motion for protective order, upon which the party seeking discovery may either proceed on topics as to which there was no objection or motion, or move to enforce the notice. MCR 2.306(B)(3).
Civil cases
Page 9 | Depositions
Service and Proof of Service Rules
Counsel of record accept service of filings and other communications by email at the identified or directed address.
All counsel of record agree to accept service of all filings and other communication via email at the address identified by the State Bar of Michigan or a single email address as otherwise directed.
Page 1 | 2) Standing Protocols; a. Electronic Service
Unless exempt from mandatory e-filing, parties and the Court use the Court’s electronic filing and service system for e-service; parties must maintain a functional email address, and specified transmission failures are attributable to the authorized user.
As a reminder, unless exempted from mandatory electronic filing, e-service by the parties and the Court is effectuated using the Court’s Electronic-Filing and Electronic-Service system – the parties must ensure functionality of the email address provided to the Court for e-service/delivery etc.; a transmission failure caused by a problem with an authorized user’s telephone line, ISP, hardware or software is attributable to the authorized user regardless of who initiated the transmission.
Page 1 | 2) Standing Protocols; a. Electronic Service
Delivery through the Court’s e-filing system constitutes service effective at the document’s timestamp.
Delivery of materials by the Court’s e-filing system also constitutes service effective as of the time stamp on the document.
Page 1 | 2) Standing Protocols; a. Electronic Service
Email service is effective upon transmission unless the sender knows the email was not received.
Service is accomplished upon transmission absent knowledge by the sender that the email was not received (e.g., it is returned as undeliverable).
Page 1 | 2) Standing Protocols; a. Electronic Service
A party answering a specified pleading must serve initial disclosures by the later of 14 days after the opposing party’s disclosure is due or 28 days after filing its answer.
A party answering a complaint, counterclaim, cross-claim, or third party complaint must serve its initial disclosure within the later of 14 days after the opposing party’s disclosure is due or 28 days after the party files its answer.
Page 5 | Time for Initial Disclosures MCR 2.302(A)(5)
Initial disclosures need be served only on parties who have appeared, and later-appearing parties must be served within 14 days after appearing.
A party serving disclosures need only serve parties that have appeared. The party must serve later-appearing parties within 14 days of the appearance.
Page 5 | Time for Initial Disclosures MCR 2.302(A)(5)
A party filing a complaint or specified related pleading must serve initial disclosures within 14 days after an opposing party answers.
A party that files a complaint, counter claim, cross-claim, or third-party complaint must serve its initial disclosures within 14 days after any opposing party files an answer to that pleading.
Page 5 | Time for Initial Disclosures MCR 2.302(A)(5)
A proof of service for initial disclosures must be filed promptly.
Initial disclosures must be in writing, signed, and served, and a proof of service must be promptly filed.
Page 6 | Form
A deposition notice to a party’s corporate representative must be served at least 14 days before the deposition.
Notice of a deposition must be served on a party’s corporate representative at least 14 days prior to the scheduled deposition.
Page 9 | iv. Depositions
Materials delivered through the Court’s e-filing system are served as of 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 1 | Standing Protocols
Counsel must accept service by email at the specified address, and service is effective upon transmission unless the sender knows it 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 | Standing Protocols
Deposition notice must be served on a party’s corporate representative at least 14 days before the deposition.
Notice of a deposition must be served on a party’s corporate representative at least 14 days prior to the scheduled deposition.
Civil cases
Page 9 | Depositions
A party serving disclosures need serve only parties who have appeared, but must serve later-appearing parties within 14 days of their appearance.
c. A party serving disclosures need only serve parties that have appeared. The party must serve later-appearing parties within 14 days of the appearance.
Civil cases
A party answering a complaint, counterclaim, cross-claim, or third-party complaint must serve its initial disclosure by the later of the two stated deadlines.
b. A party answering a complaint, counterclaim, cross-claim, or third party complaint must serve its initial disclosure within the later of 14 days after the opposing party’s disclosure is due or 28 days after the party files its answer.
Civil cases
A party filing a complaint, counterclaim, cross-claim, or third-party complaint must serve initial disclosures within 14 days after an opposing party answers.
a. A party that files a complaint, counter claim, cross-claim, or third-party complaint must serve its initial disclosures within 14 days after any opposing party files an answer to that pleading.
Civil cases
Within 10 days after service of a deposition notice, the noticed entity may serve objections or move for a protective order; the discovery-seeking party may proceed on unobjected topics or move to enforce the notice.
No later than 10 days after being served with the notice, the noticed entity may serve objections or file a motion for protective order, upon which the party seeking discovery may either proceed on topics as to which there was no objection or motion, or move to enforce the notice.
Page 9 | iv. Depositions
Courtesy Copy Requirements
Judge’s copies are only required on non e-filing cases.
Judge’s copies are only required on non e-filing cases.
Page 1 | Business Court Case Management Protocol for Judge Warren
Pre-Motion Conference Requirements
A party seeking to exceed the applicable page limit for good cause must file a Motion for Leave before the motion deadline.
If one believes there is good cause for a submission exceeding the page limitation, a Motion for Leave must be filed which can be heard during motion call before the motion deadline.
Page 1 | Business Court Case Management Protocol for Judge Warren
The parties may stipulate or the Court may order the mediation of discovery disputes. MCR 2.411(H). The Court may specify that discovery disputes must first be submitted to the mediator before being filed as a motion unless there is a need for expediency. MCR 2.411(H)(3).
The parties may stipulate or the Court may order the mediation of discovery disputes. MCR 2.411(H). The Court may specify that discovery disputes must first be submitted to the mediator before being filed as a motion unless there is a need for expediency. MCR 2.411(H)(3).
Civil cases
Page 9 | Standard Discovery Protocols
Discovery motions may be brought after discovery closes when reasonable under the circumstances or with leave of Court.
Discovery motions may be brought after the date for completion of discovery as may be reasonable under the circumstances or by leave of the Court.
Civil cases
Page 9 | Standard Discovery Protocols
When ESI discovery is reasonably likely, the parties may agree to an ESI conference, the judge may order one, or a party may request one by motion; specified matters are to be discussed.
Where a case is reasonably likely to include the discovery of ESI, parties may agree to an ESI Conference, the judge may order the parties to hold an ESI Conference, or a party may file a motion requesting an ESI Conference, at which time certain matters shall be discussed. MCR 2.401(J)(1) sets forth the matters to be considered during the ESI Conference.
Civil cases
Page 10 | Electronic Discovery; ESI (Electronically Stored Information)
Adjournment & Extension Requirements
Adjournment and extension requests must be made by motion and are generally scheduled for motion day.
All adjournment and extension requests must be made by motion and generally will be scheduled for hearing on motion day (oral argument is often dispensed on such motions).
Page 1 | Business Court Case Management Protocol for Judge Warren
Changes to dates in an existing court order require a court order; the Court may require a motion or deny proposed changes.
NOTICE: CHANGES TO DATES ON AN EXISTING COURT ORDER MAY ONLY BE EFFECTUATED BY ORDER (the Court will consider proposed stipulated orders while maintaining discretion to require a motion, or to deny proposed changes in whole or in part).
Page 4 | d. Standard Discovery Protocols
Changes to dates in an existing court order require a court order; the Court may require a motion or deny proposed changes, including stipulated ones.
NOTICE: CHANGES TO DATES ON AN EXISTING COURT ORDER MAY ONLY BE EFFECTUATED BY ORDER (the Court will consider proposed stipulated orders while maintaining discretion to require a motion, or to deny proposed changes in whole or in part). See MCR 2.301(A) and (C); 2.302(F); MCR 2.401.
Civil cases
Page 4 | Standard Discovery Protocols
Chambers Communication Rules
In criminal cases, jury instructions must be presented and emailed to chambers in Word format by the first day of trial.
In criminal cases, jury instructions must be presented and emailed to chambers in Word format no later than the first day of trial.
Page 1 | Business Court Case Management Protocol for Judge Warren
Except when the Court grants leave or another protocol applies, motions are heard Wednesdays at 8:30 a.m. under the local court rules.
Except with leave by the Court or as otherwise described herein, motions are scheduled pursuant to the local court rules and are heard on every Wednesday at 8:30am.
Page 1 | Business Court Case Management Protocol for Judge Warren