A “focus order” is an order from the court to the parties directing them to focus their upcoming briefing and argument on specified issues.

The Michigan Supreme Court routinely includes “focus” instructions in its argument orders.

For years, the American Academy of Appellate Lawyers has found the focus order tool to be positive and productive because it ensures that a court’s greatest concern(s) will be addressed at argument and it reduces counsel/party preparation.

And now the federal Sixth Circuit Court of Appeals shows how a focus order can really get into the weeds—in a good way.

Remember back in March when SCOTUS decided Lindke v Freed? It was the First Amendment case about the Port Huron, Michigan city manager who made personal and city-related posts on his Facebook page and would sometimes delete comments from or block a critic. A unanimous SCOTUS remanded the case for further factfinding and instruction to apply its new standard.

As a part of its remand review, the federal Sixth Circuit issued a three-page focus order of questions to be addressed in remand briefing.

It would be fair to believe that these thoughtful “focused” questions will also frame the oral argument presentations scheduled for July 29.

The Sixth Circuit’s example can also serve as inspiration for trial court judges who want to take the lead in keeping filed briefing and oral argument presentations “focused”, especially in matters that could easily go sideways.