II. Motions
- Filing of motion papers. The Court’s ECF Procedure 3(b) only permits traditional papers to be filed in very limited circumstances. In those circumstances, where a motion may be filed in traditional paper rather than electronically, the paper should be filed at Intake on the 17th floor. Unless specifically requested by Judge Shefferly, copies of pleadings should not be brought to chambers. If traditional paper pleadings are being mailed to the Court for filing, they should be addressed to United States Bankruptcy Court, Intake Department, 211 W. Fort Street, 17th Floor, Detroit, Michigan 48226.
- Motion day. Generally, Judge Shefferly’s motion day is Friday, except for motions in Chapter 13 cases, which are ordinarily heard on Tuesday. Counsel does not need to check in with the Courtroom Deputy either in chambers or in the courtroom. Cases will be called generally in the order in which they appear on the docket, which is posted outside the courtroom and on the Court’s website.
- Oral argument on motions. Generally, when a response to a motion is filed, the Court will schedule oral argument on the motion on one of the Court's regular motion days. The parties will be notified of the date and time of argument. Evidence will not be taken at the time of oral argument unless the Court has previously notified the parties otherwise. If the Court determines that a motion requires an evidentiary hearing, the Court will schedule it at a separate date and time. If the parties to a pending motion believe that an evidentiary hearing will be necessary, and that the motion should therefore not be scheduled on a regular motion day, and wish instead to have the Court schedule a separate evidentiary hearing on the motion, the parties may file a stipulation with the Court requesting the scheduling of an evidentiary hearing, setting forth the reasons why they believe that an evidentiary hearing is necessary, and submit to the Court a proposed order granting the stipulation.
- Pro hac vice appearance. Pro hac vice appearances are not permitted. For the requirements and procedures for admission to the bar, counsel are directed to Rule 83.20(c)(1) of the Local Rules for the United States District Court, Eastern District of Michigan.
- Participation by telephone. Participation by telephone is permitted at Judge Shefferly’s discretion. Counsel must request approval to participate by telephone at least one day in advance of the hearing. Requests to participate by telephone in a hearing scheduled to be held in open court must be made by contacting Kathleen Wiacek, Chambers Support Clerk, at (313) 234-0044.
- Discovery disputes. Discovery motions are not encouraged. Counsel must always comply with the “meet and confer” requirements of L.B.R. 9014-1(h).
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