In order to better serve the attorneys and litigants appearing in Judge Potts' courtroom, we have adopted the following guidelines. Please advise your clients and staff so that there are no misunderstandings.
Courtroom 5A, Fifth Floor - Oakland County Courthouse
BackgroundJudge Potts is
a graduate of
the University of Michigan
and Wayne State
University School of Law.
has served on the Circuit Court
since 1997. Judge Potts
previously served as a Probate Court
Judge and was in private
sentence, pretrials and arraignments held at
8:30 a.m. on Tuesdays. Arraignments are done in person. Will accept Cobbs pleas at arraignment. Adjournments
considered by motion; stipulation on good cause.
Court sometimes permits
oral bond motions.
Appointed to the
Business Court Docket June 1, 2013.
3.310 and grants ex-parte
relief as per court rules.
Court may accelerate briefing schedule.
Scheduling/ConferenceScheduling Orders are not automatically
generated for Business Court cases. A Notice
Appear for status
conference will be issued
when all defendants have appeared/responded. A Joint Plan is required
a week prior to
the status conference and requirements are stated
in the Notice to Appear. The
status conference must be
attended by lead counsel. A comprehensive scheduling order will be
issued at the status conference, which is only modifiable by formal motion.
Court may order facilitation.
Motion PracticeMotions heard
promptly at 8:30 a.m. Wednesday; check in
with clerk. Add-on policy at Court’s discretion.
allow oral argument on all motions.
Moving party sets hearing
date for non- dispositive motions. Dates for summary
Discovery Motions: All motions to compel
or restrict discovery filed pursuant to Chapter 2.300 of the Michigan Court
Rules (MCR 2.301-2.316) shall be noticed for hearing pursuant to the court
rules or in accordance with the Business Court Case Management Protocol if so
ordered. Responses to motions filed
within the times set by MCR 2.116(G) and 2.119(C) or in accordance with the
Business Court Case Management Protocol if so ordered. When filing a motion pursuant to MCR 2.309(C)
and 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.
- All Other Motions: Hearing held seven
days after motion is filed. Motions, responses and briefs must comply
2.119(A) unless otherwise ordered. Responses to motions filed within the
set by MCR 2.116(G) and 2.119(C). Motions
in limine to be filed and heard at least three weeks prior to trial
listed in Scheduling Order. Research
attorney reviews all dispositive and criminal motions. Court
participates in Judge On-Line. Paper Judge’s copies are required for
dispositive motions, responses and replies and briefs and for motions
marked by attorneys
prior to trial: Plaintiff – numbers;
Defendant – letters. Trial briefs required for bench trials. Parties may
stipulate to bench trials being
decided on briefs. Trial
hours are 8:30 am to 4:30 p.m.
Court requires proposed findings
in bench trials; can be
amended after trial to conform to evidence.
Court conducts voir dire and
counsel may participate. Specific voir dire requests
allowed 3 days prior to trial, in writing. Proposed jury instructions required at least one week prior per the
Court’s Final Pretrial Order.