6 Cir. R. 27: Motions

(a) Where to File. All motions—including emergency motions and single judge motions— must be filed with the clerk. In an emergency when time does not permit this, counsel must contact the clerk's office by telephone to explain the situation and seek guidance.

(b) Service of Paper Motions. When a paper motion is allowed, the filer must serve one copy on each other party.

(c) Emergency Motions.

(1) Notifying the Clerk. When a party knows in advance that an emergency motion may be needed, the party must make every reasonable effort to notify the clerk at the earliest possible time that an emergency motion may be filed, the nature of the motion, and the relief to be sought.

(2) Required Attachments. Emergency motions must have the following copies attached: the notice of appeal; the order appealed from; and any other parts of the record necessary to decide the motion.

(d) Motion to Dismiss. A party may file a motion to dismiss asserting lack of jurisdiction or threshold procedural grounds. Ordinarily, the court will not grant other motions to dismiss.

(e) Motion to Affirm. The court will not consider a motion to affirm the judgment appealed from.

(f) Motion to Expedite. A party may move to expedite the appeal. The motion must show good cause to expedite.

(g) Motion for Reconsideration. A party may seek rehearing of a judgment of this court pursuant to Fed. R. App. P. 40. A party may file a motion for reconsideration of any other action of a panel, of a single judge or of the clerk. See 6 Cir. R. 45. A panel may reconsider its own action or may review the action of a single judge or of the clerk, but the panel reviewing a single judge’s action shall not include that judge. When a party moves for reconsideration of a panel’s or single judge’s action, no response on the motion is permitted unless the court requests a response. Ordinarily, reconsideration will not be granted in the absence of such a request.