(a) Applicability. These requirements apply unless the court orders otherwise.
(b) Trial Briefs. Parties in civil cases must file and serve trial briefs on the first day of trial.
(c) Exhibits. Parties in civil cases must mark, number, and exchange all trial exhibits before trial. For
good cause, the court may admit exhibits that are not marked, numbered, and exchanged before trial.
During trial, each party must have its exhibits available as needed. After trial, each party must retain its
exhibits.
(d) Jury Instructions.
(1) Parties in jury trials must file and serve on opposing counsel requested instructions on
the first day of trial. In civil cases, they must include an instruction stating concisely the party’s claim and
theory of the issues. At any time before closing argument, a party may file and serve additional requested
instructions that could not have reasonably been anticipated before trial.
(2) A party may file and serve with the requests a legal memorandum in support of the
requested instructions. Parties may file and serve legal memoranda opposing requested instructions at
any time before settlement of the instructions.
(3) Each requested instruction must:
(A) start on a separate page;
(B) be consecutively numbered;
(C) bear the case number;
(D) identify the requesting party; and
(E) cite supporting authority.
COMMENT: In criminal cases, the court’s Standing Order for Discovery
and Inspection and Fixing Motion Cut-Off Date in Criminal Cases governs
certain pretrial obligations.
February 1, 2015
United States District Court
Eastern District of Michigan
