Motions and Briefs

Motions and Briefs

General motion practice is governed by MCR 2.119 and LCR 2.119. Procedure may vary by judge. It is recommended that you contact the chambers of the assigned judge with specific questions. Some judges may have posted procedures.

MCR 2.119(A)(2) requires that a brief accompany any motion presenting an issue of law. An original and judge's copy of the motion, and the brief, must be filed with the court. Motions and responses must be filed on the opposing party as required by MCR 2.119(C). 

Efiling is an important part of the motion practice and is governed by Administrative Order 2007-3 and Administrative Order 2010-3. Motions filed on Civil cases and on Divorces Without Children (DO) cases must file motions and supporting documents electronically via Tyler Efile & Serve. For more information on the efiling program, see Oakland County's Efiling page.

In addition, in order to schedule a motion on the judge's docket the moving party must file a certified praecipe as required by LCR 2.119(B) at least seven days prior to the hearing or as ordered by the Court. An electronic praecipe is required on all efiling cases, but can be used voluntarily on all other case types.