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.
- A trial date may be adjourned only by motion and upon a showing of good cause.
- Adjournments of discovery dates or the case track must be requested by motion.
- +2 more
Request must include
- Parties should contact the Court by email at least 1 week in advance. All of the parties must concur with the proposed adjourned date.
- Appeals may be adjourned by agreement or motion and generally by no more than one week.
- Settlement-conference adjournment requests should be made at least one week in advance.
Communication
Chambers
Chambers
Chambers
Phone
Chambers
Page & Word Limits2 rules
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 for attorneys
- Up to 20 pages
- Brief for attorneys
- Up to 20 pages
- Response for attorneys
- Up to 20 pages
- Reply
- Up to 5 pages
Exhibits are limited to 100 pages. Court permission must be obtained for exhibits exceeding 100 pages.
- Exhibits
- Up to 100 pages
Document Format Requirements4 rules
Please provide a Judge's copy in word format for review.
- File type
- Word
Written discovery shall be served in both a PDF and Word (or native) format.
- File type
Presumptively, all documents produced electronically shall be produced in native format and with the load files preserving all metadata.
Formatting
- •Native format
- •Load files preserving all metadata
Written discovery shall be served in both a PDF and Word (or native) format.
- File type
Document Filing Requirements12 rules
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.
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.
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.
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) 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.
The Joint Case Management Plan must address specified topics including claims/defenses, damages, venue, scheduling, discovery, and jury/non-jury trial.
Court's wording
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.
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.
Attorneys of Record must also provide an email address on all future pleadings.
Parties must serve initial disclosures based on reasonably available information and are not excused for incomplete investigation or another party's failure to disclose.
Court's wording
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.
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.
Documents withheld on privilege grounds must be logged with five specified elements and produced concurrently with the document production and written responses.
Court's wording
Any document withheld on the basis of a claimed privilege, and generated before the initiation of litigation, shall be logged to allow the opposing party and the Court to assess the prima facie assertion of privilege. The log shall be produced at the same time as the document production. The document production shall be made at the same time as the written responses. The log shall (1) state the document number (e.g. Bates number) of the document, (2) describe the nature and general subject matter of the document not produced,(3) state the date and type of document (e.g., e-mail, notes, memo, etc.), (4) state the name(s) of the author/sender, recipient, and any third parties recipients copied, or, if known, who later received copies; and (5) State the privilege(s) asserted as to the withheld document.
Discovery objections must be clear and concise, with boilerplate objections discouraged and responses indicating the scope of any withholding.
Court's wording
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.
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.
All pleadings must be efiled and should include proposed orders.
- Document
- Pleading
Must include
- •Proposed order
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.
Civil cases
Page 1 | NOTICE AND ORDER TO APPEAR IN BUSINESS COURT CASE
The notice of hearing and praecipe must be e-filed separately.
A notice of hearing and preacipe must be efiled separately.
Civil cases
Page 1 | ALL MOTIONS
Pleadings must be e-filed and should include proposed orders; orders must be separately e-filed and coded for entry.
All pleadings must be efiled and should include proposed orders. All orders must be efiled separately and coded for entry.
Civil cases
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.
Civil cases
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.
Civil cases
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.
Civil cases
Page 4 | BUSINESS COURT SCHEDULING ORDER
All discovery must be completed by a specified date.
All discovery must be completed by ____________.
Civil cases
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.
Civil cases
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.
Civil cases
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 ______________________.
Civil cases
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.
Civil cases
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.
Civil cases
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.
Civil cases
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.
Civil cases
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.
Civil cases
Page 7 | Standard Discovery Protocols
A TRO filed after noon without the required notice will be heard no earlier than 9:00 a.m. the next business day.
Any TRO filed after 12:00 p.m./noon without said notice to the Court shall be heard on the next business day at 9:00 a.m. the earliest.
Civil cases
Page 1 | Business Court Cases—Protocols
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.
Civil cases
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).
Civil cases
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.
Civil cases
Page 6 | 2) Standing Protocols a. Electronic Service
Business Court counsel accept email service at the specified address, effective on transmission unless the sender knows delivery failed; court e-filing delivery is service effective at the document timestamp.
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). 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 | Business Court Cases—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.
Civil cases
Page 8 | Standard Discovery Protocols
Sealing & Redaction Procedures
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).
Civil cases
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.
Civil cases
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.
Civil cases
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.
Civil cases
Page 12 | STIPULATED PROTECTIVE ORDER
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
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
Civil cases
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.
Civil cases
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.
Civil cases
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.
Civil cases
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.
Civil cases
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.
Civil cases
Page 12 | STIPULATED PROTECTIVE ORDER
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.
Civil cases
Page 13 | 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.
Civil cases
Page 9 | iii. Written Discovery
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.
Civil cases
Page 8 | Standard Discovery Protocols
A trial date may be adjourned only by motion and upon a showing of good cause.
***Trial dates, once set, will not be adjourned without a motion and a showing of good cause.***
Civil cases
Page 1 | Settlement Conference Procedure
Motion hearings are not adjourned; the moving party must re-file the motion, praecipe, and notice of hearing.
There are NO adjournments. The moving party must re-file the motion, praecipe and notice of hearing.
Civil cases
Page 1 | Motion Practice: General
Adjournments of discovery dates or the case track must be requested by motion.
All adjournments of discovery dates and/or track must be by motion.
Civil cases
Page 1 | Status Conference Procedure
Appeals may be adjourned by agreement or motion and generally by no more than one week.
By agreement or motion. Generally, no more than a 1 week adjournment.
Civil cases
Page 1 | Appeals
Track One cases may be moved to Track Two by mutual stipulation; other adjournments require a 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.
Civil cases
Page 1 | ALL MOTIONS
Settlement-conference adjournment requests should be made at least one week in advance.
*Requests should be made at least 1 week in advance*
Civil cases
Page 1 | Settlement Conference Procedure
Parties should contact the Court by email at least 1 week in advance. All of the parties must concur with the proposed adjourned date.
Parties should contact the Court by email at least 1 week in advance. All of the parties must concur with the proposed adjourned date.
Civil cases
Page 1 | Settlement Conference Procedure
Chambers Communication Rules
All parties must be copied on emails to the court or judge to avoid ex parte communications.
All parties must be included in emails with the Court/Judge in order to avoid ex parte communications.
Civil cases
Page 1 | MEDIATIONS AND TRIALS
TRO requests require a call and email notice to the judicial attorney by noon on the filing day, earlier if possible.
All requests for a TRO shall be accompanied by a telephone call and email notice to Judge Allen's Judicial Attorney no later than 12:00 p.m./noon on the day of filing (earlier if possible).
Civil cases
Page 1 | Business Court Cases—Protocols
Emergency preliminary-injunction requests require a call and email notice to the judicial attorney and a Word-format judge's copy for review.
All requests for an emergency preliminary injunction shall be accompanied by a telephone call and email notice to Judge Allen's Judicial Attorney. Please provide a Judge's copy in word format for review.
Civil cases
Page 1 | Business Court Cases—Protocols
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.
Civil cases
Page 1 | NOTICE AND ORDER TO APPEAR IN BUSINESS COURT CASE
Requests for informal email or phone communication with the judge must be coordinated through the judicial attorney or law clerk.
Any requests for informal communication with the Judge by way of email or phone conference shall be coordinated by and through Judge Allen's Judicial Attorney/Law Clerk.
Civil cases
Page 1 | Business Court Cases—Protocols
While court operations are remote, email is the preferred communication method; do not leave courtroom voicemails.
While the court is operating remotely, please email the court as the preferred method of communication. The Judicial Attorney can be reached via email at Rola.Khanafer@3rdcc.org. The Court Clerk, Rod Byrd can be reached at Roderick.Byrd@3rdcc.org. Please do not call the courtroom and leave voicemails.
Civil cases
Page 1 | Remote Protocol
The court generally permits informal communication about non-dispositive matters with all counsel present; ex parte communication is contemplated only with 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.
Civil cases
Page 1 | Business Court Cases—Protocols