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UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF MICHIGAN

IN RE: REVISED LOCAL RULES

Administrative Order

No. 18-RL-054

_____________________________/

Pursuant to 28 U.S.C. § 2071 and Rule 83 of the Federal Rules of Civil Procedure, the

Court hereby gives notice of its consideration of amendments to the Local Civil Rules and the

Local Criminal Rules. The Court is also considering the adoption of Local General Rules, which

apply to all matters in this Court. The amendments are the result of a comprehensive review of

rules that have been in effect since June 1, 1998. The revisions make greater use of the Court’s

website to provide information to attorneys and the public.

An effort has been made to

consolidate, streamline, and improve consistency within the rules.

At a regular meeting conducted June 8, 2018, the proposed amendments have been

approved by the Judges of this Court for review and comment. The proposed rule amendments

are attached to this order in both mark-up form, as well as a clean copy without markup. The

rule amendments are also available on the Court’s website or in paper form at the Clerk’s Office.

NOTICE IS HEREBY GIVEN to all members of the public of their opportunity to review

and comment on the attached proposed rule amendments. A copy of this order will be available

in each divisional office and on the Court’s website. In addition, the Clerk shall send electronic

notice to all attorneys registered to use the CM/ECF system. The Clerk shall provide a copy of

the proposed amendment to the Federal Bar Association, West Michigan Chapter, the State Bar

of Michigan Committee on United States Courts, and the Michigan Lawyer’s Weekly.

All comments should be in writing and must be received by the Court no later than

July 31, 2018. Comments should be addressed to:

Thomas L. Dorwin, Clerk

United States District Court

399 Ford Federal Building

110 Michigan St., N.W.

Grand Rapids, MI 49503

or submitted electronically to ecfhelp@miwd.uscourts.gov. The Court will consider all comments

before promulgating a final version of the proposed rules.

FOR THE COURT:

Dated:

June 15, 2018

ROBERT J. JONKER

CHIEF UNITED STATES DISTRICT JUDGE

Proposed amendments to Local Civil Rules

LOCAL RULES

OF CIVIL

PRACTICE AND PROCEDURE

United States District Court

for the Western District of Michigan

Hon. Robert J. Jonker, Chief Judge

Hon. Paul L. Maloney, Judge

Hon. Janet T. Neff, Judge

Hon. Gordon J. Quist, Judge

Updated: February 1, 2018

LOCAL RULES OF CIVIL

PRACTICE AND PROCEDURE

United States District Court

for the Western District of Michigan

Effective June 1, 1998,

Including Amendments through February 1, 2018

_____________________________________________________

Preface to the 1998 Edition

On March 12, 1996, the Judicial Conference approved the recommendation of the

Committee on Rules of Practice and Procedure to “adopt a numbering system for local

rules of court that corresponds with the relevant Federal Rules of Practice and

Procedure.” The action of the Judicial Conference implements the December 1, 1995

amendments to the Federal Rules of Appellate, Bankruptcy, Civil, and Criminal

Procedure, which provide that all local rules of court “must conform to any uniform

numbering system prescribed by the Judicial Conference.” (See Appellate Rule 47,

Bankruptcy Rules 8018 and 9029, Civil Rule 83, and Criminal Rule 57).

In addition to the substantive changes to the local rules found in the 1998 Edition,

the Rules have been renumbered to comply with this mandate. The result is that, rather

than being consecutively numbered, the rules have been assigned numbers which best

correspond to the numbering scheme of the Federal Rules of Civil and Criminal

Procedure. The renumbered Local Civil Rules and the renumbered Local Criminal

Rules have been compiled as separate sets of Rules. Many of the rules familiar to

practitioners under the prior edition remain substantively intact, but have had their

provisions redistributed to two or more new rules within the newly-mandated numbering

system.

Local Civil Rules which do not correspond to any rule within the Federal Rules of

Civil Procedure have been assigned to Rule 83, which, in the Federal Rules of Civil

Procedure, governs the rulemaking authority of the courts of the various districts.

TABLE OF CONTENTS

Local Civil Rules

SCOPE OF RULES*

Page

LCivR 1

LCivR 1.1

LCivR 1.2

LCivR 1.3

LCivR 1.4

LCivR 1.5

LCivR 1.6

II.

Authority; scope; construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Effective date Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

COMMENCEMENT OF ACTION; SERVICE OF PROCESS,

PLEADINGS, MOTIONS, AND ORDERS

LCivR 3

LCivR 3.1

LCivR 3.2

LCivR 3.3.1

LCivR 3.3.1(a)

LCivR 3.3.1(b)

LCivR 3.3.1(c)

LCivR 3.3.1(d)

LCivR 3.3.1(e)

LCivR 3.3.1(f)

LCivR 3.3.1(g)

LCivR 3.3.2

LCivR 3.3.2(a)

LCivR 3.3.2(b)

LCivR 3.3.2(c)

LCivR 3.4

LCivR 3.4(a)

LCivR 3.4(b)

LCivR 4.1.1

LCivR 5

LCivR 5.1

LCivR 5.2

LCivR 5.3

LCivR 5.4

LCivR 5.5

LCivR 5.6

LCivR 5.6(a)

Commencement of action; assignment to division and judge . . . . . . . . . 2

Fee payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Assignment of cases to divisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Assignment of cases to district judges . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Method . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Sequence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Miscellaneous docket . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Duty of parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Reassignment of cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Reassignment of cases on grounds of geographic convenience . 4

Reassignment to promote judicial economy . . . . . . . . . . . . . . . . . 4

Reassignment of cognate cases . . . . . . . . . . . . . . . . . . . . . . . . . . 4

In forma pauperis proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Motion and supporting documents . . . . . . . . . . . . . . . . . . . . . . . . 5

Determination of pauper status . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Fee payment to marshal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Service and filing of pleadings and other papers . . . . . . . . . . . . . . . . . . . 7

Cover sheet [Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Proof of service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Filing of discovery materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Place of filing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Rejection of filings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Pleadings and other papers in particular cases . . . . . . . . . . . . . . . . . . . . 7

Actions by prisoners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

* The table of contents headings follow those of the Federal Rules of Civil Procedure.

LCivR 5.6(b)

LCivR 5.7

LCivR 5.7(a)

LCivR 5.7(b)

LCivR 5.7(c)

LCivR 5.7(d)

LCivR 5.7(e)

LCivR 5.7(f)

LCivR 5.7(g)

LCivR 5.7(h)

LCivR 5.7(i)

LCivR 5.7(j)

LCivR 5.7(k)

III.

In pro per petitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Filing and service by electronic means . . . . . . . . . . . . . . . . . . . . . . . . . . 8

General information; definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Mandatory registration; Attorney training resources . . . . . . . . . . 8

Initial pleading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Electronic filing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Signature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Proposed pleadings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Proposed orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Court orders, judgments, writs and other process . . . . . . . . . . . . 13

Service of electronically filed documents . . . . . . . . . . . . . . . . . . 13

Remote access to electronically stored documents . . . . . . . . . . 14

Facsimile transmissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

PLEADINGS AND MOTIONS

LCivR 7

LCivR 7.1

LCivR 7.1(a)

LCivR 7.1(b)

LCivR 7.1(c)

LCivR 7.1(d)

LCivR 7.1(e)

LCivR 7.1(f)

LCivR 7.2

LCivR 7.2(a)

LCivR 7.2(b)

LCivR 7.2(c)

LCivR 7.2(d)

LCivR 7.3

LCivR 7.3(a)

LCivR 7.3(b)

LCivR 7.3(c)

LCivR 7.3(d)

LCivR 7.4

LCivR 7.4(a)

LCivR 7.4(b)

LCivR 8

LCivR 8.1

LCivR 8.2

LCivR 8.3

LCivR 10

LCivR 10.1

LCivR 10.2

LCivR 10.3

LCivR 10.4

LCivR 10.5

LCivR 10.5(a)

Motion practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Motions in general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Briefs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Supporting documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Modification of limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Attempt to obtain concurrence . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Motion for expedited consideration . . . . . . . . . . . . . . . . . . . . . . . 15

Unavailability of judge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Dispositive motions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Length of bBriefs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Briefing schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Oral argument . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Nondispositive motions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Length of bBriefs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Briefing schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Oral argument . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Motions for reconsideration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Grounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Response to motions for reconsideration . . . . . . . . . . . . . . . . . . 17

General Rrules of Ppleading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

Complaints in Social Security cases . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

Answers and Rreplies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

Answers in Social Security cases . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

Form of pleadings and other papers; filing requirements . . . . . . . . . . . . 19

Paper Document size and format . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Binding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Date, address, and telephone number and contact information . . . . . 19

Number of copies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Ex Pparte submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Filing of ex parte submissions . . . . . . . . . . . . . . . . . . . . . . . . . . 19

LCivR 10.5(b)

LCivR 10.5(c)

LCivR 10.5(d)

LCivR 10.6

LCivR 10.6(a)

LCivR 10.6(b)

LCivR 10.6(c)

LCivR 10.6(d)

LCivR 10.7

LCivR 10.8

LCivR 10.9

LCivR 16

LCivR 16.1

LCivR 16.1(a)

LCivR 16.1(b)

LCivR 16.1(c)

LCivR 16.1(d)

LCivR 16.1(e)

LCivR 16.1(f)

LCivR 16.1(g)

LCivR 16.2

LCivR 16.2(a)

LCivR 16.2(b)

LCivR 16.2(c)

LCivR 16.2(d)

LCivR 16.2(e)

LCivR 16.2(f)

LCivR 16.2(g)

LCivR 16.2(h)

LCivR 16.3

LCivR 16.3(a)

LCivR 16.3(b)

LCivR 16.3(c)

LCivR 16.3(d)

LCivR 16.3(e)

LCivR 16.3(f)

LCivR 16.4

LCivR 16.4(a)

LCivR 16.4(b)

LCivR 16.4(c)

LCivR 16.4(d)

LCivR 16.5

LCivR 16.5(a)

LCivR 16.5(b)

LCivR 16.5(c)

LCivR 16.6

Access to ex parte filings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Filings by the Ccourt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Sealed Ccases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Filing Sealed documents under seal . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Requests to Sseal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Access to sealed documents . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Service of sealed documents . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Privacy [Repealed] / Exhibits Sealed cases . . . . . . . . . . . . . . . . . . . . . 21

Exhibits [Renumbered from LCivR10.7] . . . . . . . . . . . . . . . . . . . . . . . . . 21

Referencing the court record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

Civil pretrial conferences; Alternative Dispute Resolution (ADR) . . . . . . 22

Early scheduling conferences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

[Repealed] Recording . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

[Repealed] Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

[Repealed] Attendance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

[Repealed] Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

[Repealed] Scheduling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

[Repealed] Pretrial order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

[Repealed] Exemptions from scheduling and planning order . . . 22

Alternative Dispute Resolution: General Pprovisions . . . . . . . . . . . . . . . 23

ADR favored . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

Court administration of the ADR program . . . . . . . . . . . . . . . . . . 23

Consideration of ADR in appropriate cases . . . . . . . . . . . . . . . . 24

Confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

Status of discovery, motions and trial during the ADR process . . 24

Qualifications for neutrals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

Attorneys’ responsibility for payment of fees . . . . . . . . . . . . . . . . 24

Pro bono service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

Voluntary Facilitative Mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

Program descriptionQualification, certification and removal of

mediators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

[Repealed] Mediation assessment . . . . . . . . . . . . . . . . . . . . . . . 25

[Repealed] Selection and compensation of mediator . . . . . . . . . 25

[Repealed] The mediation process . . . . . . . . . . . . . . . . . . . . . . . 25

[Repealed] Filing of outcome . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

Early Neutral Evaluation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

Program description Selection and compensation of evaluator 26

[Repealed] The early neutral evaluation process . . . . . . . . . . . . 27

[Repealed] Filing of outcome . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

Case evaluation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

Program description Standard case evaluation . . . . . . . . . . . . 27

[Repealed] Blue Ribbon case evaluation . . . . . . . . . . . . . . . . . . 29

Court-annexed arbitration [Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . 29

iii

LCivR 16.7

LCivR 16.7(a)

LCivR 16.7(b)

LCivR 16.8

VI.

TRIALS

LCivR 39

LCivR 39.1

LCivR 39.2

LCivR 40

LCivR 40.1

LCivR 40.2

LCivR 40.3

LCivR 41.1

LCivR 43.1

LCivR 45.1

LCivR 47.1

VII.

Taxation of costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

Attorney’s Ffees in Ccertain Social Security Ccases . . . . . . . . . . . . . . . 36

Scope of Rrule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

PROVISIONAL AND FINAL REMEDIES

LCivR 65.1

LCivR 67

LCivR 67.1

LCivR 67.2

IX.

[Repealed]Trial procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

[Repealed]Exhibits during trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

[Repealed]Exhibits after trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

Trial date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

Scheduling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

Continuances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

Notice of Ssettlement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

Involuntary dismissal for want of prosecution or failure to follow rules . . 32

[Repealed]Attorney as witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

Service of subpoenas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

Confidentiality of juror information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

JUDGMENT

LCivR 54.1

LCivR 54.2

LCivR 54.2(a)

LCivR 54.2(b)

VIII.

[Repealed] Summary jury trials; summary bench trials . . . . . . . . . . . . . 29

[Repealed] Summary jury trial . . . . . . . . . . . . . . . . . . . . . . . . . . 29

[Repealed] Summary bench trial . . . . . . . . . . . . . . . . . . . . . . . . 29

Settlement conferences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

Bonds and sureties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

Deposit in court; payment of judgment . . . . . . . . . . . . . . . . . . . . . . . . . 40

Deposit of funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

Payment of judgment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

SPECIAL PROCEEDINGS

LCivR 71A.1

LCivR 72

LCivR 72.1

LCivR 72.1(a)

LCivR 72.1(b)

LCivR 72.1(c)

LCivR 72.1(d)

LCivR 72.1(e)

LCivR 72.1(f)

LCivR 72.2

[Repealed]Condemnation cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

Authority of United States magistrate judges . . . . . . . . . . . . . . . . . . . . . 42

Authority, generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

Duties under 28 U.S.C. § 636(a) . . . . . . . . . . . . . . . . . . . . . . . . . 42

Determination of nondispositive pretrial matters 28 U.S.C. §

636(b)(1)(A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

Recommendations regarding case-dispositive motions -28 U.S.C. §

636(b)(1)(B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

Prisoner cases under 28 U.S.C. §§ 2254 and 2255 . . . . . . . . . . 42

Prisoner cases under 42 U.S.C. § 1983 . . . . . . . . . . . . . . . . . . . 43

Other duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

Assignment of matters to magistrate judges . . . . . . . . . . . . . . . . . . . . . 44

LCivR 72.2(a)

LCivR 72.2(b)

LCivR 72.3

LCivR 72.3(a)

LCivR 72.3(b)

LCivR 72.3(c)

LCivR 72.3(d)

LCivR 73

LCivR 73.1

LCivR 73.2

LCivR 73.23

LCivR 73.34

LCivR 73.5

DISTRICT COURTS AND CLERKS

LCivR 77

LCivR 77.1

LCivR 77.2

LCivR 77.3

LCivR 77.4

LCivR 79

LCivR 79.1

LCivR 79.2

LCivR 79.3

XI.

General cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44

Habeas corpus and prisoner civil rights cases . . . . . . . . . . . . . . 44

Review and appeal of magistrate judges’ decisions . . . . . . . . . . . . . . . . 44

Appeal of nondispositive matters - 28 U.S.C. § 636(b)(1)(A) . . . 44

Review of case-dispositive motions and prisoner litigation - 28

U.S.C. § 636(b)(1)(B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45

Special master reports - 28 U.S.C. § 636(b)(2) . . . . . . . . . . . . . . 45

Appeals from other orders of a magistrate judge . . . . . . . . . . . . 45

Consent jurisdiction of magistrate judges . . . . . . . . . . . . . . . . . . . . . . . 46

Conduct of trials and disposition of cases upon consent of the parties 28 U.S.C. § 636(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

Notice Assignment of cases to magistrate judges . . . . . . . . . . . . . . 46

Execution of consent Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

Reference Execution of consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

Suspension of rule Reference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

District courts and clerks; issuance of process . . . . . . . . . . . . . . . . . . . 47

Times and place of holding court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47

Clerk’s Ooffice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47

Issuance of process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47

[Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47

[Repealed] Books and records kept by the clerk . . . . . . . . . . . . . . . . . . 48

[Repealed] Custody of files . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48

[Repealed] Removal of files, exhibits and papers . . . . . . . . . . . . . . . . . 48

[Repealed] Duplication of papers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48

GENERAL PROVISIONS

LCivR 83

LCivR 83.1

LCivR 83.1(a)

LCivR 83.1(b)

LCivR 83.1(c)

LCivR 83.1(d)

LCivR 83.1(e)

LCivR 83.1(f)

LCivR 83.1(g)

LCivR 83.1(h)

LCivR 83.1(i)

LCivR 83.1(j)

LCivR 83.1(k)

LCivR 83.1(l)

LCivR 83.1(m)

LCivR 83.1(n)

LCivR 83.1(o)

Attorneys; bankruptcy; miscellaneous; conduct in federal court facilities 49

Attorneys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49

Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49

Roll of attorneys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49

Eligibility for admission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50

Procedure for admission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50

Limited pre-admission practice . . . . . . . . . . . . . . . . . . . . . . . . . . 51

Local counsel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51

Government attorneys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51

Law student practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51

Unauthorized practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55

Consent to standards of conduct and disciplinary authority . . . . 55

Attorney discipline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56

Attorneys convicted of crimes . . . . . . . . . . . . . . . . . . . . . . . . . . . 57

Discipline by other jurisdictions . . . . . . . . . . . . . . . . . . . . . . . . . . 58

Resignation in other jurisdictions . . . . . . . . . . . . . . . . . . . . . . . . . 60

Service of papers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61

LCivR 83.1(p)

LCivR 83.1(q)

LCivR 83.2

LCivR 83.2(a)

LCivR 83.2(b)

LCivR 83.2(c)

LCivR 83.2(d)

LCivR 83.3

LCivR 83.3(a)

LCivR 83.3(ab)

LCivR 83.3(c)

LCivR 83.3(d)

LCivR 83.3(e)

LCivR 83.3(bf)

LCivR 83.4

LCivR 83.4(a)

LCivR 83.4(b)

LCivR 83.4(c)

LCivR 83.4(d)

LCivR 83.4(e)

LCivR 83.4(f)

LCivR 83.4(g)

LCivR 83.4(h)

LCivR 83.4(i)

Duties of the clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61

Other authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61

Bankruptcy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61

Referral of cases under Title 11 to bankruptcy judges . . . . . . . . . 61

Bankruptcy court jurisdiction in core and noncore related

proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61

Jury trials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62

Local bankruptcy rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62

Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62

[Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62

Certification of issues to state courts . . . . . . . . . . . . . . . . . . . . . . 62

Sealed cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62

Appearance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62

Amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63

Payment to court reporters and transcribers . . . . . . . . . . . . . . . 63

Conduct in Federal Court facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63

Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63

Soliciting, loitering, and disruptive behavior . . . . . . . . . . . . . . . . 63

Recording of court proceedings . . . . . . . . . . . . . . . . . . . . . . . . . 63

Firearms and weapons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64

Cellular telephones and laptop computers . . . . . . . . . . . . . . . . . 65

Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66

Violations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66

Relief from confiscation of a device . . . . . . . . . . . . . . . . . . . . . . . 67

Consent to provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67

I. SCOPE OF RULES

Local Civil Rule 1. Authority; scope; construction

1.1

Authority - These rules are promulgated pursuant to 28 U.S.C. § 2071 and Rule 83 of

the Federal Rules of Civil Procedure. Amendment of these rules is governed by Rule 83 of the

Federal Rules of Civil ProcedureLCivR 83.3(f).

1.2

Short title - These rules may be cited and referred to individually as "W.D. Mich. LCivR

________."

1.3

Effective date Amendments - These rules may be amended by a majority vote of

the district judges in conformity with Rule 83 of the Federal Rules of Civil Procedure. The

effective date of these rules is June 1, 1998, include ing amendments through February 1[date],

2018.

1.4

Applicability - These rules apply to all civil proceedings in this court.

1.5

Scope - These rules govern the procedure in the United States District Court for the

Western District of Michigan, govern the practice of attorneys before this court, and supersede all

previous rules promulgated by this court or any judge thereof. Administrative orders and single-judge

standing orders shall be maintained by the Cclerk on the court’s website or and made available

upon request. All such orders shall be consistent with these rules and the Federal Rules of Civil

Procedure.

1.6

Construction - These rules shall be construed to achieve an orderly administration of the

business of this court and to secure the just, speedy and inexpensive determination of every action.

References to statutes, regulations or rules shall be interpreted to include all revisions and amendments thereto. References to the Cclerk shall be interpreted to mean the Cclerk of this Ccourt or any

deputy clerk. Wherever used in these rules, the term "party," whether in the singular or plural, shall

include all parties appearing in the action pro se and the attorney or attorneys of record for represented parties, where appropriate.

II. COMMENCEMENT OF ACTION; SERVICE OF PROCESS,

PLEADINGS, MOTIONS, AND ORDERS

Local Civil Rule 3. Commencement of action; assignment to division and judge

3.1

Fee payment - The fee provided by 28 U.S.C. § 1914 shall be paid to the Clerk of

Court. The Cclerk may require that any payment be in cash or certified check, or made

electronically under LCivR 5.7(c).

3.2

Assignment of cases to divisions - This district is composed of a Northern Division and a

Southern Division. The residence of corporations, partnerships, and unincorporated associations

shall be the division where the principal place of business is maintained. The Southern Division

comprises the counties of Allegan, Antrim, Barry, Benzie, Berrien, Branch, Calhoun, Cass,

Charlevoix, Clinton, Eaton, Emmet, Grand Traverse, Hillsdale, Ingham, Ionia, Kalamazoo, Kalkaska,

Kent, Lake, Leelanau, Manistee, Mason, Mecosta, Missaukee, Montcalm, Muskegon, Newaygo,

Oceana, Osceola, Ottawa, Saint Joseph, Van Buren, and Wexford. The Northern Division comprises

the counties of Alger, Baraga, Chippewa, Delta, Dickinson, Gogebic, Houghton, Iron, Keweenaw,

Luce, Mackinac, Marquette, Menominee, Ontonagon, and Schoolcraft. 28 U.S.C. § 102(b). All cases

shall be assigned to a division by application of the following order of priorities:

(a)

if an action is removed from state court, the division embracing the county in

which the case was pending in state court;

(b)

in bankruptcy appeals, the division in which the bankruptcy matter is pending;

(c)

if the action is local in nature, the division in which the real property is located;

(d)

in prisoner civil rights cases, the division in which the claim arose;

(e)

the division in which all plaintiffs reside;

(f)

the division in which all defendants reside;

(g)

the division in which the claim arose;

(h)

in a case in which a defendant is an officer or employee of the United States or

any agency thereof acting in an official capacity, or under color of legal authority,

or an agency of the United States, the division in which an office of a defendant

is located; or

(i)

the division in which the case is filed.

3.3.1 Assignment of cases to district judges

(a)

Method - Each civil action (except sSocial sSecurity cases) and each bankruptcy

appeal, shall be assigned to a district judge, who shall continue in the case or

matter until its final disposition, except as hereinafter provided. Each Social

Security action shall be assigned at random to a magistrate judge at the time of

filing. The parties will thereafter be given an opportunity to consent voluntarily to

the dispositive jurisdiction of the assigned magistrate judge pursuant to 28 U.S.C.

§ 636(c). If all parties do not timely consent, the case will be assigned to a

district judge at random and will be referred to the originally assigned magistrate

judge under 28 U.S.C. § 636(b)(1).

(b)

Sequence - At the commencement of each civil case, the Cclerk shall assign the

case a sequential case number and assign the case to a judge in accordance

with the next subsection LCivR 3.3.1(c). The numbering and assignment of

each case shall be completed before processing of the next case is commenced.

(c)

Procedure - The Cclerk shall use automated or manual means to assign new

cases to judges at random, in the proportions established from time to time

by administrative order. in accordance with administrative orders issued by the

Court from time to time. The Cclerk shall mark or the electronic filing system

shall identify the name of the assigned judge on the first document of the case.

The clerk shall and preserve a record of such assignments.

(d)

Exceptions

(i)

Refilings - If a case is dismissed or remanded to state court and later refiled, either in the same or similar form, upon refiling it shall be assigned or

transferred to the judge to whom it was originally assigned.

(ii)

Subsequent proceedings - Subsequent proceedings in cases shall be

assigned to the judge assigned to the original case, if that judge is still

hearing cases.

(iii)

Related cases - Cases related to cases already assigned to a judge shall

be assigned or transferred as set out below.

(A)

Definition - Cases are deemed related when a filed case (1) relates

to property involved in an earlier numbered pending suit, or (2)

arises out of the same transaction or occurrence and involves one

or more of the same parties as a pending suit, or (3) involves the

validity or infringement of a patent already in suit in any pending

earlier numbered case.

(B)

Determination - When it appears to the Cclerk that two or more

cases may be related cases, they shall be referred to the

magistrate judge assigned to the judge who has designated under

28 U.S.C. § 636(b)(1)(A) to assist in the earliest case to determine

whether or not the cases are related. If related, the cases will be

assigned to the same judge. If cases are found to be related

cases after assignment to different judges, they may be reassigned

by the Chief Judge to the judge having the related case earliest

filed.

(e)

Miscellaneous docket - The miscellaneous docket of the Ccourt shall be

assigned at random to a magistrate judge at the time of filing. If a miscellaneous

docket matter is contested and requires proceedings conducted before a district

judge, the case will be randomly reassigned to a district judge and a new civil

action number will be assigned. If a miscellaneous docket matter requires

decision by a district judge, a district judge will be assigned at random.

(f)

Effect - This rule is intended to provide for an orderly division of the business of

the Ccourt and not to grant any right to any litigant.

(g)

Duty of parties - All parties shall notify the Ccourt in writing of all pending related

cases and any dismissed or remanded prior cases.

3.3.2 Reassignment of cases

(a)

Reassignment of cases on grounds of geographic convenience - Promptly after

all parties have appeared in any civil action, the parties may file a stipulation and

motion requesting transfer of the action to a judge located in a different city, on

the basis of the convenience of counsel, the parties, or witnesses. Reassignment

of the action shall be at the discretion of the Ccourt and shall require the consent

of all parties and of both the transferor and transferee judge.

(b)

Reassignment to promote judicial economy - The Ccourt may reassign cases

from one district judge to another (i) to equalize and balance workloads among

judges; (ii) to assign cases to senior or visiting judges or remove cases from their

dockets as necessary; or (iii) for other reasons of judicial economy. Any case

may be reassigned under this rule from one judge to another judge with the

consent of both judges. Cases may also be reassigned by administrative order

of the Chief Judge if approved by a majority of active district judges.

(c)

Reassignment of cognate cases

(i)

Definition - Cognate cases are pending civil actions involving the same or

similar questions of fact or law such that their assignment to a single judge

is likely to effect a substantial saving of judicial effort and to avoid wasteful

and duplicative proceedings for the court and the parties.

(ii)

Procedure for reassignment - When any judge determines that

reassignment of cognate cases would serve the interests of justice and

judicial economy, the judge will contact all other judges to whom cognate

cases have been assigned. If all those judges agree to reassignment, the

Chief Judge will enter an administrative order reassigning such cognate

cases to the judge with the earliest numbered case. The administrative

order may also provide for automatic assignment of future cognate cases

to that judge, and for an adjustment in future case assignments to that

judge to compensate for the increased workload.

3.4

In forma pauperis proceedings

(a)

Motion and supporting documents - All persons applying to proceed in forma

pauperis in this Ccourt or on appeal shall file with their complaint or notice of

appeal a motion for leave to proceed in forma pauperis supported by the financial

affidavit required under 28 U.S.C. § 1915(a)(1). In addition, any person

incarcerated under a state or federal criminal conviction shall submit a certified

copy of the prison trust fund account statement for the prisoner for the six-month

period immediately preceding the filing of the complaint or notice of appeal,

obtained from the appropriate official of each prison at which the prisoner is or

was confined. The statement shall disclose (i) the amount then in the trust fund

account; (ii) all deposits and withdrawals from the account during the six-month

period immediately preceding the filing of the complaint or notice of appeal as

required by 28 U.S.C. § 1915(a)(2).

(b)

Determination of pauper status - A petition for leave to proceed in forma pauperis

shall be presented by the Cclerk to any available the duty magistrate judge. If

the financial affidavit discloses that the person is unable to pay the full filing fee

or fees for service of process, the magistrate judge shall grant the petition for

pauper status. The magistrate judge shall nevertheless order that a prisoner

pay, within a specified period, an initial partial filing fee and make monthly

payments thereafter in accordance with 28 U.S.C. § 1915(b). If the person fails

to comply with the order for payment of all or any part of the filing fee, the

complaint may be dismissed by a district judge or the appeal may be dismissed

for want of prosecution by the Sixth Circuit Court of Appeals.

Local Civil Rule 4.1. Fee payment to marshal

4.1.1 A deposit in a sum deemed sufficient by the marshal to cover fees for the service to be

performed shall be made in every instance in which the marshal is required to perform service. The

marshal may require that any payment be in cash or by certified check.

Local Civil Rule 5. Service and filing of pleadings and other papers

5.1

Cover sheet - A cover sheet obtained from the Clerk shall be filed with each new case

and all required information shall be supplied. [REPEALED]

5.2

Proof of service - Proof of service of all pleadings and other papers required or

permitted to be served shall be filed promptly after service and may be made by written

acknowledgment of service, by affidavit of the person making service or by written certification of

counsel. Proof of service shall state the date and manner of service. Proof of service is unnecessary

for documents filed and served electronically on a registered attorney under LCivR 5.7(i).

5.3

Filing of discovery materials

(a)

Interrogatories, requests for production or inspection, requests for admissions,

and responses or objections shall be served upon other parties, but shall not be

filed with the Ccourt. Only a proof of service shall be filed with the Ccourt. The

party responsible for service of these discovery materials shall retain the original

and become the custodian.

(b)

Transcripts of depositions shall not be filed with the Ccourt.

(c)

If discovery materials are to be used at trial, relevant portions of the materials to

be used shall be filed with the Cclerk at or before trial. If discovery materials are

necessary to any motion, relevant portions of the materials shall be filed with the

Cclerk with the motion or response.

5.4

Place of filing - Paper filed pPleadings and other papers may be filed with the Cclerk at

any divisional office during walk-in business hours. Electronic filing is governed by LCivR 5.7. If a

hearing is scheduled, it is incumbent upon the party to insure that the presiding judge or magistrate

judge receives a copy of such relevant pleadings or other papers sufficiently in advance of the

hearing.

5.5

Rejection of filings - The Ccourt may order the Clerk to rejection of any pleading or

other paper that does not comply with these rules or the Federal Rules of Civil Procedure unless such

noncompliance is expressly approved by the Ccourt. The Cclerk shall return any rejected filing to the

party tendering it, along with a statement of the reasons for rejection.

5.6

Pleadings and other papers in particular cases

(a)

Actions by prisoners - Habeas corpus petitions or complaints brought under the

Civil Rights Acts by prisoners proceeding pro se shall be in the form specified by

the Ccourt. The Cclerk shall make such forms available to prisoners desiring to

file such actions.

(b)

5.7

In pro per petitions - Absent good cause, in all proceedings brought in propria

persona or in forma pauperis, the petition or complaint shall not be accepted for

filing unless it is accompanied by a copy or copies in number sufficient for service

on the respondent(s) or the defendant(s).

Filing and service by electronic means

(a)

General information; definitions - Pursuant to Rule 5(d) of the Federal Rules of

Civil Procedure, the Cclerk will accept pleadings and other papers filed and

signed by electronic means in accordance with this rule. All papers filed by

electronic means must comply with technical standards, if any, now or hereafter

established by the Judicial Conference of the United States.

This rule shall apply to all civil actions maintained in the court’s electronic case

filing system. All documents, whether filed electronically or on paper, will be

placed into the electronic case filing system, except as provided below.

Attorneys must file and serve all documents electronically by use of the ECF

system unless (1) the attorney has been specifically exempted by the Ccourt for

cause or (2) a particular the document is not eligible for electronic filing under

this rule.

As used in thisese rules, the term:

“ECF system” means the electronic case filing system maintained by this

Ccourt;

•

“registered attorney” means an attorney who is authorized pursuant to

LCivR Rule 5.7(b) to file documents electronically and to receive service

on the ECF system;

•

“initial pleading” means the complaint, petition or other document by which

a civil action is initiated;

•

“electronically filed document” means any order, opinion, judgment,

pleading, notice, transcript, motion, brief or other paper submitted

electronically to the ECF system;

•

“traditionally paper filed document” means a pleading or other paper

submitted to the Cclerk in paper form for filing;

•

“NEF” means the Notice of Electronic Filing generated by the ECF system;

•

(b)

“nonelectronic means of service” means one of the methods of service

authorized by Rule 5(b) of the Federal Rules of Civil Procedure, except

electronic service under Rule 5(b)(2)(E).

Mandatory registration; resources Attorney training

(i)

Every attorney practicing in this Ccourt must register to file and serve

documents electronically by the ECF system.

(ii)

To be entitled to register as a user of the ECF system, an attorney must

be admitted to practice in this Ddistrict, be a member in good standing,

and have filed with the Cclerk a completed ECF Aattorney Rregistration

form. In addition, the attorney or the attorney’s firm must have a Public

Access to Court Electronic Records (PACER) account and an e-mail

address.

Detailed registration information is available on the Ccourt’s Wwebsite

(www.miwd.uscourts.gov). Upon receipt of the ECF Attorney Registration

form, the Court will issue a login name and a user password to qualified

attorneys. All registered attorneys have an affirmative duty to update their

accounts with any change in their e-mail address. A registered attorney

may not knowingly cause or allow another person to file a document using

the attorney’s login name and password, except for members of the

attorney’s staff. Authorized use of an attorney’s login name and password

by a staff member is deemed to be the act of the attorney. However, a

registered attorney must not allow an unregistered attorney, even a

member of the same firm, to use his or her login name and password. If a

responsible for notifying the ECF Help Desk immediately.

(iii)

(c)

The Clerk’s Office will provide periodic training sessions on use of the ECF

system. The Ccourt will also provide on its Wwebsite a User’s Manual

containing references and instructions on the use of the ECF system and

an on-line tutorial. Law firms are encouraged to have individuals

responsible for electronic filing (attorney, paralegal or automation

specialist) attend a live training session or use the on-line tutorial make

use of the materials available on the website. The ECF Help Desk is

available during business hours to assist.

Initial pleading - All attorneys must submit complaints and other initial pleadings

in civil cases electronically, following the “Case Opening Protocol” posted by the

Clerk on the Court’s Website, unless the pleading is exempt from electronic filing

under subrule LCivR 5.7(d)(ii) of this rule, or the attorney is granted an exception

by the Chief Judge for good cause shown. Filing fees must be paid (or a motion

for leave to proceed in forma pauperis must be filed) electronically at the time the

initial pleading is electronically submitted. A civil case is not commenced until the

initial pleading has been accepted by the ECF system and a Notice of Electronic

Filing has issued. Unrepresented parties must file initial pleadings and pay the

filing fee (or seek in forma pauperis status) by the traditional method on paper.

(d)

Electronic filing

(i)

Mandatory Eelectronic Ffiling - All attorneys must file all pleadings and

other papers permitted by the Ffederal Rrules and the Llocal Rrules of

this Ccourt electronically in all civil cases, subject to the exceptions set

forth below. All electronically filed documents must be in PDF digital

format and must be submitted in accordance with the instructions set forth

in the User’s Manual on the court’s website.

(ii)

Papers that may not be filed electronically - The following documents must

not be filed electronically, but must be submitted in paper form:

(A)

Ddocuments submitted by a person who is not a registered

attorney (for example, a pro se litigant who is not registered under

the “Pro Se E-Filing and Service Protocol,” posted by the Cclerk on

the Ccourt’s Wwebsite);

(B)

[Repealed]

(BC) Ddocuments that are required by statute to be filed in camera, such

as complaints and certain other filings submitted under the Federal

False Claims Act or analogous state statutes.;

(CD) Ppapers filed in cases that have been sealed in their entirety,

except as authorized under Local Civil Rule 83.3(c). LCivR 10.7;

and

(DE) Ggarnishee disclosures and other documents submitted by

unrepresented third parties in response to writs or other court

process;.

(iii)

Electronic Ffiling of Aaffidavits and Oother Ooriginal Ddocuments: - The

following documents must be filed electronically by submission of a

scanned PDF version of the original document:

(A)

Aaffidavits in support of or in opposition to a motion (this rule does

not apply to affidavits of service);

(B)

Ddeclarations under penalty of perjury; and

(C)

Ccertified copies of judgments or orders of other Ccourts.

The electronically filed version of such documents must bear a scanned

image of all original manuscript signatures. The filer must meet the

requirements of Rule LCivR 5.7(e)(viii) regarding evidence of an original

signature.

(iv)

Deadlines - Filing documents electronically does not in any way alter any

filing deadlines. An electronically filed document is deemed filed upon

completion of the transmission and issuance by the Ccourt’s system of an

NEF. In situations where Rule LCivR 5.7(d)(vii) requires that attachments

to an electronically filed document be submitted in paper form, the

electronic document is deemed filed upon issuance of the NEF, provided

that the paper exhibits are filed and served within 72 hours thereof. All

electronic transmissions of documents must be completed (i.e., received

completely by the Cclerk’s Ooffice) prior to midnight, Eastern Time, in

order to be considered timely filed that day. Where a specific time of day

deadline is set by Ccourt order or stipulation, the electronic filing must be

completed by that time.

(v)

Technical failures - The Cclerk shall deem the Ccourt’s Wwebsite to be

subject to a technical failure on a given day if the site is unable to accept

filings continuously or intermittently over the course of any period of time

greater than one hour after 12:00 noon (Eastern Time) that day, in which

case, filings due that day which were not filed due solely to such technical

failures shall become due the next business day. Such delayed filings

must be accompanied by a declaration or affidavit attesting to the filer’s

failed attempts to file electronically at least two times after 12:00 noon

separated by at least one hour on each day of delay because of such

technical failure. The initial point of contact for any practitioner

experiencing difficulty filing a document electronically shall be the ECF

Help Desk, available via phone at (616) 456-2206 or (800) 290-2742, or

via e-mail at ecfhelp@miwd.uscourts.gov.

(vi)

Official record; discarding of traditionally paper filed documents - For

purposes of Rule 79 of the Federal Rules of Civil Procedure, the record of

filings and entries created by the ECF system for each case constitutes

the docket. The official record of all proceedings in civil cases filed on and

after August 1, 2001, is the electronic file maintained on the Ccourt’s ECF

system. The Cclerk's Ooffice will discard all traditionally paper filed

documents after they have become part of the electronic record, unless

the document produces a low-quality electronic file.

(vii)

Exhibits and attachments 12

(e)

(A)

Oversized documents. - The file size limit is posted by the clerk

on the court’s website. No PDF document exceeding 10 MB in

size the file size limit may be filed in the CM/ECF system. Filers

must divide such documents into component parts, each part not to

exceed 10 MB in size the posted limit, for purposes of electronic

filing. The docket entry must clearly indicate that the document is

filed in parts. An exhibit may be filed traditionally on paper only if it

is exempt from electronic filing under subrule LCivR 5.7(d)(ii) of this

rule.

(B)

Requirements. - Filers must not attach as an exhibit any pleading or

other paper already on file with the Ccourt, but shall merely refer to

that document as set forth in LCivR 10.8. All exhibits and

attachments, whether filed electronically or traditionally, must

contain on their face a prominent exhibit number or letter. If one or

more attachments or exhibits to an electronically filed document are

not being submitted traditionally electronically under this rule, the

electronically filed document must contain a notice of that fact in its

text.

Signature

(i)

Attorneys - A registered attorney’s use of the assigned login name and

password to submit an electronically filed document serves as the

registered attorney’s signature on that document for purposes of Fed. R.

Civ. P. Rule 11 and for all other purposes under the Federal Rules of Civil

Procedure and the Llocal Rrules of this Ccourt. The identity of the

registered attorney submitting the electronically filed document must be

reflected at the end of the document by means of an “ s/ [attorney’s

name] ” block showing the attorney’s name, followed by the attorney’s

business address, telephone number, and e-mail address. Graphic and

other electronic signatures are discouraged.

(ii)

Multiple attorney signatures - The filer of any electronically filed document

requiring multiple signatures (e.g., stipulations, joint status reports) must

list thereon all the names of other attorney signatories by means of an “ s/

[attorney's name] ” block for each. By submitting such a document, the

filer certifies that each of the other attorneys has expressly agreed to the

form and substance of the document, that the filer has their actual

authority to submit the document electronically, and that the requirements

of Rule LCivR 5.7(e)(viii) regarding evidence of original signature have

been met. This paragraph does not apply to pro-se or unrepresented

parties, whose manuscript signature, in original or scanned form, must

appear on the face of the document.

(iii)

Court reporters and transcribers - The electronic filing of a transcript by a

court reporter/transcriptionist by use of their assiged court reporter’s

certified original document for all purposes.

(iv)

Judges - The electronic filing of an opinion, order, judgment or other

document by a judge (or authorized member of the judge’s staff) by use of

the judge’s login and password shall be deemed the filing of a signed

original document for all purposes.

(v)

Clerk of Court or Ddeputy Cclerks - The electronic filing of any document

by the Cclerk or a Ddeputy Cclerk of this Ccourt, of the Bbankruptcy

Ccourt of this Ddistrict, or of any Ccircuit Ccourt of Aappeals by use of

that individual’s login and password shall be deemed the filing of a signed

original document for all purposes.

(vi)

Office of the U.S. Marshals Service - The office of the U.S. Marshals

Service for this Ddistrict is authorized to file and serve documents

electronically. The electronic filing of any document by the Office of the

U.S. Marshals Service by use of the assigned login and password shall

be deemed the filing of a signed original document for all purposes.

(vii)

Officers of the Ccourt - If the court has appointed a special master,

monitor, or other court adjunct who is required to make regular filings, the

Ccourt may authorize the officer to file and serve documents

electronically. The officer of the court shall complete a registration form,

and upon assignment of a login and password to the system, has authority

to file and serve documents electronically in the case in which the officer

was appointed. The electronic filing of any document by a court officer by

use of the assigned login and password shall be deemed the filing of a

signed original document for all purposes.

(viii)

Evidence of Ooriginal Ssignature - Filers of documents containing

signatures authorized by Rule LCivR 5.7(e)(ii) (multiple attorney

signatures) must maintain any records evidencing concurrence, and filers

of documents containing signatures authorized by Rule LCivR 5.7(d)(iii)

(electronically filed affidavits, etc.) must maintain the documents bearing

the original manual signature for subsequent production to the Ccourt or

for inspection by a party until one year after the final resolution of the

action (including appeal, if any). A non-filing signatory or party who

disputes the authenticity of a signature on an electronically filed document

must file an objection to the document within fourteen (14) days after

service of that document.

(f)

Proposed pleadings - Except for proposed sealed filings, if the filing of an

electronically submitted document requires leave of court, such as an amended

complaint or brief in excess of word count or page limits, the proposed

document must be attached as an exhibit to the motion seeking leave to file. If

the Ccourt grants leave to file the document, the Cclerk of Court will

electronically file the document without further action by the attorney. Requests

to file documents under seal are governed by Local Civil Rule LCivR 10.6.

(g)

Proposed orders - Proposed orders may be submitted electronically. All

proposed orders must be in PDF format and must be: (1) attached as an exhibit

to a motion or stipulation; or (2) contained within the body of a stipulation; or (3)

submitted separately. If the Jjudge approves the proposed order, it will be refiled

electronically under a separate document number.

(h)

Court orders, judgments, writs and other process - Judgments and orders may

be filed electronically by the Ccourt or authorized Ccourt personnel. Any order or

other Court-issued document filed electronically without the image of the

manuscript signature of the judge or clerk has the same force and effect as a

document bearing an original signature. The Cclerk may electronically affix the

Sseal of the Ccourt on writs, summons, and other process, which shall have the

same legal force and effect as process bearing an imprinted seal.

(i)

Service of electronically filed documents

(i)

Summons and initial pleading - Summons, writs and other court process

may be issued in electronic form with electronically affixed signatures and

seal. Service of the summons and complaint or other initial pleading,

however, must be made by one of the methods allowed by Rule 4 of the

Federal Rules of Civil Procedure and may not be made electronically.

(ii)

Service on registered attorneys - By registering under this rule, an

attorney automatically consents to electronic service by both the Ccourt

and any opposing attorney of any electronically filed document in any civil

action in which the registered attorney appears. Consequently, service of

an electronically filed document upon a registered attorney is deemed

complete upon the transmission of an NEF to that attorney under

subsection LCivR 5.7(i)(iv) of this rule and no separate certificate of

service should be filed. Traditionally Paper filed documents and sealed

documents must be served on registered attorneys by nonelectronic

means of service. A proof of service must be filed.

(iii)

Service on unregistered attorneys and pro se parties - Counsel filing any

pleading or other paper must serve attorneys not registered under this rule

and pro se parties not registered under the “Pro Se E-Filing and Service

Protocol,” posted by the Cclerk on the Ccourt’s Wwebsite, by

nonelectronic means of service under Rule 5 of the Federal Rules of

Civil Procedure. A proof of service must be filed.

(iv)

Method of electronic service - At the time a document is filed either

electronically or by scanning paper submissions, the Ccourt’s system will

generate an NEF, which will be transmitted by e-mail to the filer and all

registered attorneys who have appeared on that case. The NEF will

contain a hyperlink to the filed document. The attorney filing the

document should retain a paper or digital copy of the NEF, which serves

as the Ccourt’s date-stamp and proof of filing. Except in the case of

sealed documents (see Local Civil Rule LCivR 10.6(d)) and ex parte

filings (see Local Civil Rule LCivR 10.5(a)), transmission of the NEF to the

registered e-mail address constitutes service of an electronically filed

document upon any registered attorney. Only service of the NEF by the

Ccourt’s system constitutes electronic service; transmission of a

document by one party to another by regular e-mail does not constitute

service.

(v)

Effect on time computation - [Repealed]

(j)

Remote Aaccess to electronically stored documents - The general public, as well

as any party to the litigation, may access and download any electronically stored

document, with the following exceptions: (1) remote access to documents filed in

sSocial sSecurity and immigration cases is restricted as required by Fed. R. Civ.

P. Rule 5.2(c) of the Federal Rules of Civil Procedure; (2) access to certain

documents may be restricted to the Ccourt or to the parties of record, by order or

local rule; and (3) the Ccourt may restrict access to other classes of documents

by future order in conformity with resolutions of the Judicial Conference of the

United States.

(k)

Facsimile transmissions - The Cclerk will not accept for filing any pleading or

other paper submitted by facsimile transmission.

III. PLEADINGS AND MOTIONS

Local Civil Rule 7. Motion practice

7.1

Motions in general

(a)

Briefs - All motions, except those made orally during a hearing or trial, shall be

accompanied by a supporting brief. Any party opposing a written motion shall do

so by filing and serving a brief conforming to these rules. All briefs filed in

support of or in opposition to any motion shall contain a concise statement of the

reasons in support of the party's position and shall cite all applicable federal rules

of procedure, all applicable local rules, and the other authorities upon which the

party relies. References to the record shall comply with LCivR 10.9. Briefs

shall not be submitted in the form of a letter to the judge.

(b)

Supporting documents - When allegations of facts not appearing of record are

relied upon in support of or in opposition to any motion, all affidavits or other

documents relied upon to establish such facts shall accompany the motion. All

discovery motions shall set forth verbatim, or have attached, the relevant

discovery request and answer or objection. Exhibits and attachments in

support of or in opposition to a motion shall comply with LCivR 5.3 and

LCivR 5.7(d)(vii)(B). The number of pages of exhibits and attachments the

court will consider in support of a motion is limited to either 1) twohundred pages, or alternatively, 2) four-hundred pages, provided the

parties meet and confer and jointly file the agreed upon exhibits and

attachments.

(c)

Modification of limits - In its discretion, the Ccourt may in a particular case

shorten or enlarge any time limit, word count, or page limit established by these

rules, with or without prior notice or motion.

(d)

Attempt to obtain concurrence - With respect to all motions, the moving party

shall ascertain whether the motion will be opposed. In addition, in the case of all

non dispositive nondispositive motions, counsel or pro se parties involved in the

dispute shall confer in a good-faith effort to resolve the dispute. All non

dispositive nondispositive motions shall be accompanied by a separately filed

certificate setting forth in detail the efforts of the moving party to comply with the

obligation created by this rule.

(e)

Motion for expedited consideration - Where the relief requested by a motion may

be rendered moot before the motion is briefed in accordance with the schedules

set forth herein, the party shall so indicate by inserting the phrase “EXPEDITED

CONSIDERATION REQUESTED,” in boldface type, below the case caption, and

shall identify in the motion the reason expedited consideration is necessary.

(f)

7.2

Unavailability of district judge - If it appears that any matter requires immediate

attention, and the district judge to whom the case has been assigned, or in the

usual course would be assigned, is not available, the matter shall be referred to

the judge's assigned magistrate judge, who shall decide the matter if it is within

the magistrate judge's jurisdiction. If the matter can only be decided by a district

judge, the magistrate judge shall determine whether the matter can be set for a

hearing at a time when the assigned district judge is available. If the matter is

determined by a magistrate judge to require an immediate hearing before a

district judge, the case will be referred to the Chief Judge, or in the Chief

Judge’s absence, the next available district judge by seniority for decision or

reassignment to an available judicial officer district judge. After disposition of

this emergency matter, the case will be returned to the originally assigned

district judge. If the parties have consented to proceed before the

magistrate judge under LCivR 73, and that magistrate judge is not available

to attend to the emergency matter, it will be referred to the duty magistrate

judge for determination.

Dispositive motions

(a)

Definition - Dispositive motions are motions for injunctive relief, for judgment on

the pleadings, for summary judgment, to dismiss or to permit maintenance of a

class action, to dismiss for failure to state a claim upon which relief can be

granted, to involuntarily dismiss an action, and other dispositive motions as

defined by law. Motions for dismissal as a sanction pursuant to Federal Rules of

Civil Procedure 16 or 37 shall be subject to the briefing schedule for non

dispositive nondispositive motions.

(b)

Length of bBriefs (i) Length - Any bBriefs filed in support of or in opposition to a dispositive

motion that are produced on a computer shall not exceed 6,500 words, to

include headings, footnotes, citations and quotations. Not to be included

in the word count limit are the case caption, cover sheets, any table of

contents, any table of authorities, the signature block, attachments,

exhibits, and affidavits. Any such brief that is hand-written or produced on

a typewriter shall not exceed twenty-five (25) pages in length, similarly

including and excluding items previously identified exclusive of cover sheet,

tables, and indices.

(ii) Certificate of compliance - The brief must be accompanied by a

certificate of compliance, indicating the number of words in the document

as defined by LCivR 7.2(b)(i), as well as the name and version of the word

processing software that was used to generate the word count. The word

count provided by the word processing software used to create the brief

may be relied upon for purposes of the certificate of compliance.

(iii) Courtesy copy - The court may require one paper courtesy copy of all

dispositive motion papers, including responses, replies and all

accompanying exhibits, which must be submitted directly to the presiding

judge’s chambers. Any exhibits must be properly tabbed and all papers

firmly bound as required by LCivR 10.2. A printed copy of the NEF must be

attached to the front of the paper. The courtesy copy must be hand

delivered or sent via first class mail to chambers within 24 hours of filing

the original.

7.3

(c)

Briefing schedule - Unless otherwise ordered, Aany party opposing a

dispositive motion shall, within twenty-eight (28) days after service of the motion,

file a responsive brief and any supporting materials. The moving party may,

within fourteen (14) days after service of the response, file a reply brief. A reply

brief produced on a computer shall not exceed 2,600 words, to include any

headings, footnotes, citations and quotations. Not to be included in the

word count limit are the case caption, cover sheets, any table of contents,

any table of authorities, signature block, attachments, exhibits, and

affidavits. Any reply brief that is hand-written or produced on a typewriter

may not exceeding ten (10) pages. The Ccourt may permit or require further

briefing.

(d)

Oral argument - Any party desiring oral argument shall include a request for oral

argument in the caption and the heading of the party's brief. In its discretion, the

Ccourt may schedule oral argument or may dispose of the motion without

argument at the end of the briefing schedule. The time for oral argument on all

motions shall be scheduled and noticed by the Court at the earliest convenient

date.

Nondispositive motions

(a)

Definition - Nondispositive motions are all motions not specifically listed in LCivR

7.2(a).

(b)

Length of bBriefs (i) Length - Any bBriefs filed in support of or in opposition to a nondispositive

motion that are produced on a computer shall not exceed 2,600 words, to

include any headings, footnotes, citations and quotations. Not to be

included in the word count limit are the case caption, cover sheets, any

table of contents, any table of authorities, the signature block, attachments,

exhibits, affidavits and other addenda. Any such brief that is hand-written

or produced on a typewriter shall not exceed ten (10) pages in length,

similarly including and excluding items previously identified exclusive of

cover sheet, tables, and indices.

(ii) Certificate of compliance - Briefs in support or in opposition to

nondispositive motions exceeding 1,000 words shall be accompanied by a

certificate of compliance, indicating the number of words in the document

as defined by LCivR 7.3(b)(i), as well as the name and version of the word

processing software that was used to generate the word count. The word

count provided by the word processing software used to create the brief

may be relied upon for purposes of the certificate of compliance.

7.4

(c)

Briefing schedule - Unless otherwise ordered, Aany party opposing a

nondispositive motion shall, within fourteen (14) days of service of the motion, file

a responsive brief and supporting materials. Reply briefs may not be filed

without leave of court.

(d)

Oral argument - Any party desiring oral argument shall include a request for oral

argument in the caption and the heading of the party's brief. In its discretion, the

Ccourt may schedule oral argument or may dispose of the motion without

argument at the end of the briefing schedule. The time for oral argument on all

motions shall be scheduled and noticed by the Court at the earliest convenient

date.

Motions for reconsideration

(a)

Grounds - Generally, and without restricting the discretion of the Ccourt, motions

for reconsideration which merely present the same issues ruled upon by the

Ccourt shall not be granted. The movant shall not only demonstrate a palpable

defect by which the Ccourt and the parties have been misled, but also show that

a different disposition of the case must result from a correction thereof.

(b)

Response to motions for reconsideration - No answer to a motion for

reconsideration will be allowed unless requested by the Ccourt, but a motion for

reconsideration will ordinarily not be granted in the absence of such request.

Any oral argument on a motion for reconsideration is reserved to the discretion of

the Ccourt.

Local Civil Rule 8. General Rrules of Ppleading

8.1

Complaints in Social Security Ccases - Complaints filed pursuant to § 205(g) of the

Social Security Act, 42 U.S.C. § 405(g), for benefits under Titles II, XVI and XVII of the Social

Security Act shall contain, in addition to what is required under Rule 8(a) of the Federal Rules of Civil

Procedure, the following information: (1) the type of benefit claimed, for example, disability,

retirement, survivor, health insurance, supplemental security income; (2) in cases involving claims for

retirement, survivors, disability, or health insurance, the last four digits of the social security number

of the worker (who may or may not be the plaintiff) on whose wage record the application for benefits

was filed; and (3) in cases involving claims for supplemental security income benefits, the social

security number of the plaintiff.

8.2

Answers and Rreplies - Except in Social Security cases as provided in LCivR 8.3

and cases brought by a pro se plaintiff, a responsive pleading under Fed. R. Civ. P. Rule 8(b) of the

Federal Rules of Civil Procedure shall recite verbatim that paragraph of the pleading, or amended

pleading, to which it is responsive, followed by the response. Upon request, an attorney must provide

to opposing counsel a copy of the complaint or other pleading to which a response is due, in native

word-processing format, so that opposing counsel may comply with this rule.

8.3

Answers in Social Security cases - In all Social Security cases filed under 42

U.S.C. §§ 405(g) and 1383(c)(3), defendant shall have sixty (60) days after service of the

complaint to file and serve upon plaintiff the administrative record of the proceedings, which

shall constitute defendant’s answer, or otherwise move against the complaint. No separate

answer need be filed.

Local Civil Rule 10. Form of pleadings and other papers; filing requirements

10.1 Paper Document size and format - All documents must be double spaced in 8 ½ x 11

inch format with writing on only the face of each sheet. Type must be no smaller than 12 point type

and all margins must be at least one inch. Electronically filed documents must be in rendered

PDF digital format. Exhibits and attachments, not authored by the filer, may be in scanned

PDF format.

10.2 Binding - All paper filed pleadings and other papers that have numerous pages must

be bound with a fastener. Originals should be stapled or bound on the top margin with a two-hole

fastener. Copies of paper filed documents may be bound in the same manner as originals or in a

binder. Judges’ courtesy copies shall be bound along the left margin, book style. Paper clips

and other types of clips shall not be used; fasteners shall pass through the pages.

10.3 Date, address and telephone number and contact information - All pleadings and

other papers shall contain the date of signing and the address, and telephone number and e-mail

address of the signing attorney or pro se party.

10.4 Number of copies - All traditionally paper filed documents must be filed in duplicate -the original and one copy. If service of any paper is to be made by the United States Mmarshal,

sufficient additional copies shall be supplied for service upon each other party. If file stamped copies

of documents are requested to be returned to the offering party, a suitable self-addressed, postage

paid envelope shall be supplied.

10.5

Ex parte submissions

(a)

Filing of ex parte submissions - If the law allows a party to submit a pleading or

other paper ex parte, the party may file the document with the Cclerk without

serving a copy on any other party. The document shall be properly identified on

its face as Ex Parte. A registered attorney must submit any ex parte filing

electronically by use of the appropriate CM/ECF event. An NEF will be

generated for the ex parte document and will be transmitted to all parties. Unless

modified by the filer, the NEF and docket entry will identify the document only as

“Ex Parte Document” or “Ex Parte Motion.”

(b)

Access to ex parte filings - The docket entry and the NEF for any ex parte filing

will be available for public viewing. Unless the Ccourt specifically orders

otherwise, access to ex parte documents will be available only to the party

submitting the filing (or that party’s registered attorneys) and to the personnel of

this Ccourt and the Ccourt of Aappeals, but not to the public or any other party.

(c)

Filings by the Ccourt - The cCourt may issue restricted access orders in

response to ex parte filings. Access to these orders will be restricted to the

moving party, the personnel of this Ccourt and the cCourt of Aappeals. The

docket entry and the NEF for any restricted access order will be identified as

such and available for public viewing.

(d)

10.6

Sealed Ccases - If an entire case has been sealed, either by order or by

operation of statute, then neither the ex parte submission nor any docket entry

relating thereto will be available for public viewing, until such time as the Ccourt

orders otherwise.

Filing Sealed documents under seal

(a)

Policy - To preserve the qualified, common-law presumption of public access to

judicial files in civil cases, the filing of documents under seal should be the

exception. Sealing is to be limited to information that is truly proprietary or

confidential. The Ccourt strongly resists the sealing of entire civil pleadings,

motions or briefs, as it is rare that the entire document will merit confidential

treatment. In lieu of seeking leave to file an entire document under seal, parties

should incorporate the confidential material in a separate document and seek

leave to file only that document under seal.

(b)

Requests to seal - The procedures set forth in this rule apply to cases that have

not been sealed in their entirety. Documents may be submitted under seal only if

authorized by statute or by the Ccourt for good cause shown. A person seeking

leave to file a document under seal must file a motion requesting such relief,

unless the Ccourt has entered a previous order authorizing the submission of the

document under seal or submission under seal is authorized by statute. The

motion seeking leave to file under seal should generally be a public filing, unless

the submitting party believes in good faith that public access to the motion will

compromise the confidential matter. A proposed sealed document submitted by

a registered attorney must be submitted electronically under seal as a separate

document, under a separate docket entry, by use of the appropriate CM/ECF

event. The docket entry and the NEF for any sealed document will be available

for public viewing; the description of the sealed document should therefore be

general in nature (e.g., sealed affidavit, sealed exhibit). The proposed sealed

document shall be appropriately identified on its face as sealed, but should not

contain the word “proposed.” Proposed sealed documents submitted by persons

other than registered attorneys must be filed in a sealed envelope bearing the

case caption and number, the identity of the party submitting the documents, and

a general description of the contents; the proposed sealed document will be

scanned and maintained electronically under seal. If the Ccourt denies the

motion to seal in whole or in part, the proposed sealed document will remain

sealed, but the Ccourt may order the submitting party to tender a modified

document, either sealed or not under seal, as the Ccourt directs. If the Ccourt

grants leave to file the document under seal, the Cclerk of Court will modify the

docket entry to remove reference to “proposed.”

(c)

Access to sealed documents - A document filed under seal may be accessed

electronically only by authorized personnel of this Ccourt and the Ccourt of

Aappeals and not by the public or any attorney or party, except as authorized

under LCivR 10.7.

(d)

Service of sealed documents - A party submitting a document under seal must

serve it by non-electronic means of service on all other parties.

10.7 Privacy - [Repealed] Sealed Ccases - The court may enter an order sealing an entire

civil case file only if:

(a)

sealing is required by statute or court rule, or

(b)

sealing is justified by a showing of extraordinary circumstances and the absence of

narrower feasible and effective alternatives (such as sealing discrete documents or

redacting specific information), such that sealing an entire case file is a last resort.

Any order sealing an entire case file under ground LCivR 10.7(b) of this rule must contain specific

findings justifying sealing. The order may be vacated on motion of any party or on the court’s own

motion when the reason for sealing has ended. Government attorneys of record in miscellaneous

cases involving Ggrand Jjury matters will be afforded remote electronic access to the miscellaneous

case.

10.8 Exhibits - All exhibits or attachments to pleadings, motions, briefs, or other papers must

contain on their face a prominent exhibit number or letter.

10.9 Referencing the court record - A sequential pagination of the electronic court

initiates with the first filing in a case. The sequential page identification, referred to as the

PageID, is applied by the ECF system and is found in the document header displayed at the

top of every page of every electronically filed document. Any reference by a registered

attorney to a portion of the record in which it is to be electronically filed shall be made by

reference to the PageID identified thereon, following the cite form identified on the court’s

website. Pro se litigants are exempt from this requirement.

Local Civil Rule 16. Civil pretrial conferences; Alternative Dispute Resolution

16.1 Early scheduling conference - The Ccourt may order that an early scheduling

conference be held before a magistrate judge or Article III judge either in open court, in chambers, or

at the discretion of the Ccourt, by telephone. Following this conference, the Ccourt will issue a case

management order establishing a timetable for disposition of the case. Parties may refer to the

court’s website for judicial guidelines on the court’s pretrial and trial practice. The timetable

may contain deadlines for joinder of parties and amendment of pleadings; discovery disclosures and

exchange of witnesses; completion of discovery and dispositive motions; a methodology of ADR; a

settlement conference date; a final pretrial conference date; and a trial date. Upon good cause

shown or on the Court’s own initiative, the Court may modify the case management order in the

interest of justice. The following provisions shall apply to all conferences conducted by the Court

pursuant to Rule 16 of the Federal Rules of Civil Procedure:

(a)

Recording - At the request of any party or the direction of the Court, the conference may be recorded. For good cause, the Court may direct that portions of

the conference be unrecorded or sealed.

(b)

Scope - The conference shall cover the matters specified in Rules 16 and 26 of

the Federal Rules of Civil Procedure and any other matters specified by the

Court.

(c)

Attendance - The attorney who is to have charge of the actual trial of the case

shall attend the conference unless the judge directs otherwise. Pro se parties

shall attend on their own behalf.

(d)

Authority - The Court may in its discretion require the actual parties (i.e., a party

who is a natural person or a representative--other than counsel--of a party which

is not a natural person) to attend the conference and may require that counsel be

authorized to discuss final settlement of the case.

(e)

Scheduling - The Court shall set the date, time and place of the conference and

shall notify all parties thereof in writing.

(f)

Pretrial order - A proposed order shall be prepared and filed by the parties in

accordance with written instructions from the judge to whom the case has been

assigned.

(g)

Exemptions from scheduling and planning order - The following categories of

actions are exempt from the requirement in Rule 16(b) of the Federal Rules of

Civil Procedure that a scheduling and planning order be entered:

16.2

(i)

actions brought pursuant to the Freedom of Information Act;

(ii)

petitions for writ of habeas corpus;

(iii)

motions filed pursuant to 28 U.S.C. § 2255;

(iv)

all other petitions brought by prisoners incarcerated in federal or state

facilities;

(v)

appeals from bankruptcy decisions;

(vi)

all actions brought by the United States to collect student loans and all

other debts owed to the United States government;

(vii)

actions involving the review of Social Security benefit denials;

(viii)

all applications for attorneys' fees and costs;

(ix)

multidistrict litigation;

(x)

condemnation proceedings;

(xi)

forfeiture actions by the United States;

(xii)

appeals from a decision by a United States magistrate judge;

(xiii)

motions to quash or enforce administrative subpoenas; and

(xiv)

petitions to enforce Internal Revenue Service summonses.

Alternative Dispute Resolution: General provisions

(a)

ADR favored - The judges of this Ddistrict favor alternative dispute resolution

(ADR) methods in those cases where the parties and the Ccourt agree that ADR

may help resolve the case. The ADR methods approved by these rules include

Voluntary Facilitative Mediation (LCivR 16.3); Early Neutral Evaluation (LCivR

16.4); Case Evaluation (LCivR 16.5); Summary Jury Trials, Summary Bench

Trials (LCivR 16.7); and Settlement Conferences (LCivR 16.8). In addition, the

Ccourt will consider other ADR methods proposed by the parties (e.g., Summary

Trials).

(b)

Court administration of the ADR program

(i)

Program Ddescription and Aadministration - Each ADR program is

governed by these rules and the provisions of a Pprogram Ddescription,

which is incorporated into these rules by reference. The Pprogram

Ddescription for each ADR method is available on the Ccourt’s website

and is published in a form suitable for reference by attorneys and their

clients. The ADR program is administered by the Cclerk’s Ooffice.

Problems are initially handled by the ADR Administrator.

(ii)

Evaluation of the program - In an effort to gather information, the Court

may develop questionnaires for participants, counsel and neutrals, to be

completed and returned at the close of the ADR process. Responses will

be kept confidential and not divulged to the Court, the attorneys or the

parties. Only aggregate information about the program will be reported.

(c)

Consideration of ADR in appropriate cases - In connection with the conference

held pursuant to Rule 26(f) of the Federal Rules of Civil Procedure, all litigants

and counsel must consider and discuss the use of an appropriate ADR process

at a suitable stage of the litigation.

(d)

Confidentiality - All ADR proceedings are considered to be compromise

negotiations within the meaning of Fed. R. Evid. 408.

(e)

Status of discovery, motions and trial during the ADR process - Any case

referred to ADR continues to be subject to management by the Jjudge to whom it

is assigned. Parties may file motions and engage in discovery. Selection of a

case for ADR has no effect on the normal progress of the case toward trial.

Referral of a case to ADR is not grounds to avoid or postpone any deadline or

obligation imposed by the case management order unless so ordered by the

Ccourt.

(f)

Qualifications for neutrals - To be qualified to act as a neutral (i.e., facilitative

mediator, early neutral evaluator, case evaluator, or arbitrator), an attorney must

have at least ten (10) years of experience in the practice of law and must satisfy

any all special requirements applicable to a particular ADR program as

identified in the program description available on the court’s website. No

person may serve as a neutral in any action in which any of the circumstances

specified in 28 U.S.C. § 455 exist or in good faith are believed to exist. An

attorney shall accept the neutral’s role only if he or she can be fair and impartial

and can avoid a conflict of interest or the appearance of a conflict of interest. For

example, see the Model Standards Of Conduct For Mediators, jointly adopted in

2005 by the American Bar Association, the American Arbitration Association and

the Association For Conflict Resolution.

(g)

Attorneys’ responsibility for payment of fees - The attorney or law firm

representing a party participating in ADR is directly responsible for fees payable

to the Ccourt or to neutrals. Pro se parties are personally responsible for fees.

To the extent consistent with ethical rules, the attorney or firm may seek

reimbursement from the client. If any attorney or pro se party is delinquent in

paying any fee required to be paid to a neutral under these rules, the neutral may

petition the Ccourt for an order directing payment, and any judge or magistrate

judge assigned to the case may order payment, upon pain of contempt.

(h)

Pro bono service - In cases in which one or more parties cannot afford the fees

of a neutral, the Ccourt may request that the neutral serve pro bono, by waiving

or reducing the fee for the indigent party. All other parties are expected to pay

the full fee.

16.3

Voluntary Facilitative Mediation

(a)

Definition - Voluntary Facilitative Mediation (VFM) is a flexible, nonbinding

dispute resolution process in which an impartial third party -- the mediator -facilitates negotiations among the parties to help them reach settlement. VFM

seeks to expand traditional settlement discussions and broaden resolution

options, often by going beyond the issues in controversy. The mediator, who

may meet jointly and separately with the parties, serves as a facilitator only and

does not decide issues or make findings of fact. Cases will be assigned to VFM

only if the district or magistrate presiding judge is satisfied that the selection of

VFM is purely voluntary and with full approval of all parties.

(b)

Program description Qualification, certification and removal of mediators - The

Clerk's Office maintains a current list of certified mediators. Criteria for training,

certification, retention and removal of mediators are governed by the VFM

Program Description Procedures and other details regarding the VFM

process are governed by the program description, available on the court’s

website.

(c)

Mediation assessment - The Court shall assess a fee per referral in accordance

with the VFM procedures adopted by the Court. The monies are deposited into

the Voluntary Facilitative Mediation Training Fund. In a pro bono mediation, the

assessment is waived for any indigent party.

(d)

Selection and compensation of mediator

(e)

(i)

Selection of mediator - Within fourteen (14) days of the issuance of the case

management order, the parties jointly select one mediator from the list of

court certified mediators. The plaintiff is responsible for notifying the ADR

Administrator of the name of the selected mediator by electronically filing a

Notice of Selection of Facilitative Mediator. If the parties are unable to agree

on a mediator, the ADR Administrator selects the mediator for them. The

proposed mediator will then check for conflicts of interest. Once the selection

of a mediator is finalized, the ADR Administrator electronically files a Notice

of Appointment of Facilitative Mediator.

(ii)

Compensation of mediator - The mediator is paid his or her normal hourly

rate, assessed in as many equal parts as there are separately represented

parties, unless otherwise agreed in writing. The mediator is responsible for

billing counsel and pro se parties.

The mediation process

(f)

16.4

(i)

The details of the VFM process, including establishment and timing of VFM

sessions and submissions by the parties to the mediator, are set forth in

general in the VFM Program Description, and, with regard to each specific

case, in the Notice of Appointment of Facilitative Mediator.

(ii)

Party responsibilities - Individual parties and representatives of corporate or

government parties with settlement authority are required to attend the

mediation session(s) in person. In cases involving insurance carriers, the

insurer representative with settlement authority must attend in person. Each

party must be accompanied at the VFM session by the lawyer expected to

be primarily responsible for handling the trial of the matter. A party or lawyer

will be excused from attending the mediation session in person only after

approval by the Court upon showing extraordinary circumstances to excuse

attendance.

Filing of outcome - Within fourteen (14) days of the completion of the mediation

process, the mediator will electronically file a Facilitative Mediation Report with the

Court. The report will indicate only who participated in the mediation session and

whether settlement was reached. If settlement is reached, the mediator will help the

parties draft a settlement agreement. The settlement agreement, absent unusual

circumstances, must be completed and signed by the parties within fourteen (14)

days. The parties shall file a stipulation and proposed order to dismiss with the

Court within twenty-eight (28) days of reaching a settlement. If settlement is not

reached, the parties have seven (7) days following the mediation session to inform

the mediator whether they desire to continue with the mediation process.

Early Neutral Evaluation

(a)

Definition - Early Neutral Evaluation (ENE) is a flexible, nonbinding dispute

resolution process in which an experienced neutral attorney meets with the parties

early in the case to evaluate its strengths and weaknesses and the value that it may

have, and also attempts to negotiate a settlement.

(b)

Program description Selection and compensation of evaluator - Procedures and

other details regarding the ENE process are governed by the program

description, available on the court’s website.

(i)

Selection of evaluator - Counsel for the parties jointly select an evaluator who

meets the criteria for neutrals under this rule. If the parties are unable to

agree on an evaluator, the ADR Administrator selects the evaluator for them.

No listing of evaluators is maintained by the Court or the Clerk. The

proposed evaluator will check for conflicts of interest. Once the selection

process is finalized, the presiding judge issues an order of referral.

(ii)

(c)

(d)

16.5

Compensation of evaluator - The evaluator is paid his or her normal hourly

rate, assessed in as many equal parts as there are separately represented

parties, unless otherwise agreed in writing. The evaluator is responsible for

billing counsel and pro se parties.

The early neutral evaluation process

(i)

Program description - The details of the ENE process, including the duties

of the evaluator, the establishment and timing of ENE sessions, and

submissions of the parties to the evaluator, are set forth in the ENE Program

Description. Parties participating in ENE must follow the requirements of the

Program Description, including the special requirements applying to patent,

(ii)

Party responsibilities - Individual parties and representatives of corporate or

government parties with ultimate settlement authority are required to attend

the ENE session(s). In cases involving insurance carriers, the insurer

representative with ultimate settlement authority must attend. Each party

must be accompanied at the ENE session by the lawyer expected to be

primarily responsible for handling the trial of the matter.

Filing of outcome - Within fourteen (14) days following the conclusion of ENE, if

settlement is reached, the evaluator, if requested, helps the parties draft a

settlement agreement along with a stipulation and proposed order to dismiss, which

when executed is filed with the Court. If settlement is not reached, the parties have

seven (7) days to inform the evaluator whether they desire to continue with the ENE

process. Within fourteen (14) days of the completion of the ENE process, the

evaluator files a brief report with the ADR Administrator, with copies to all parties.

The report indicates only who participated in the ENE session and whether issues

were narrowed or settlement was reached.

Case Evaluation

(a)

Definition - The case evaluation program affords litigants an ADR process patterned

after that extensively used in the courts of the State of Michigan. See Mich. Comp.

Laws §§ 600.4951-.4969; Mich. Ct. R. 2.403. Case evaluation principally involves

establishment of the settlement value of a case by a three-member panel of

attorneys. The cCourt may order that any civil case in which damages are sought

be submitted to case evaluation; certain tort cases in which the rule of decision is

supplied by Michigan law must be submitted to case evaluation, unless the parties

unanimously agree to submit the case to Vvoluntary Ffacilitationve Mmediation.

(b)

Standard case evaluation Program description - Procedures and other details

regarding the standard and blue ribbon case evaluation processes are found

in the program description, available on the court’s website.

(i)

Adoption of Michigan state-court procedures; exceptions - The procedures

governing standard case evaluation are generally set forth in Rule 2.403 of

the Michigan Rules of Court. Unless modified by these rules, the Program

Description, or order of court in a particular case, the provisions of Mich. Ct.

R. 2.403, as amended from time to time, will govern in cases referred to

standard case evaluation, except as follows:

(A)

Panel selection - The ADR Administrator selects all three case

evaluators.

(B)

Fees - Each party must send each evaluator a check for $200.00, for

a total fee of $600 per party. Promptly thereafter, a proof of payment

must be filed with the ADR Administrator. Failure to submit a proof

showing timely payment subjects the offending attorney to a $150.00

penalty, which may not be charged to the client. The rules set forth

in Mich. Ct. R. 2.403 for allocation of fees among multiple parties or

claims apply. Once paid, the fee is not subject to refund.

(C)

Submission of documents - The rules for submission of documents set

forth in Mich. Ct. R. 2.403 apply, except that case evaluation

summaries are limited to 20 pages and attachments must not exceed

20 pages. Documents must be submitted directly to the evaluators,

with a proof of service filed with the ADR Administrator. Failure to file

or serve such documents in a timely manner subjects the offending

party to a $150.00 penalty, which may not be charged to the client.

(D)

Time limit at hearing - Each side’s presentation at the case evaluation

hearing is limited to 30 minutes.

(E)

Time in which award must be rendered - The evaluators render a

written evaluation at the close of the hearing and serve it personally

on the parties at that time.

(F)

Rejecting party’s liability for costs

(1)

In diversity tort cases where Michigan law provides the rule of

decision, this Court has determined that the state statute and

court rules requiring case evaluation form a part of state

substantive law. Such tort cases will be referred to mandatory

case evaluation, unless the parties unanimously agree to

Voluntary Facilitative Mediation. In all tort cases ordered to

mandatory case evaluation, the provisions of Rule 2.403

governing liability for costs, including taxation of a reasonable

attorney fee for rejection of a case evaluation award, apply.

(c)

(2)

In cases in which case evaluation is not mandatory, the

provisions of Mich. Ct. R. 2.403 governing liability for costs

apply, except that attorneys’ fees will not be taxed for rejection

of a case evaluation award.

(3)

In any case referred to case evaluation, the parties may

stipulate in writing to the assessment of attorneys’ fees in

accordance with Mich. Ct. R. 2.403.

Blue Ribbon case evaluation - Blue Ribbon case evaluation allows the parties to

choose their own evaluators and to request that the evaluators devote substantial

time to the evaluation process. A case may be referred to Blue Ribbon case

evaluation only with the unanimous and voluntary consent of the parties. All

procedures applicable to standard case evaluation apply, except:

(i)

Selection of evaluators - The parties jointly select the evaluators, who need

not be members of the Court’s certified list.

(ii)

Fees - Evaluators are compensated at their customary hourly rate, to be

assessed in as many equal parts as there are separately represented parties,

or as otherwise agreed by the parties at the time case evaluation is ordered.

No late fees are imposed for untimely submissions.

(iii)

Mediation briefs and hearings - No limits apply to length of Blue Ribbon case

evaluation hearings or to the length of case evaluation briefs, unless agreed

to in writing by the parties.

(iv)

Time for rendering award - In an extraordinary case, where the award cannot

reasonably be rendered at the conclusion of the hearing, the evaluators may

render their written evaluation no later than seven days after the hearing.

16.6

Court-Annexed Arbitration - [Repealed]

16.7

Summary jury trials; summary bench trials [Repealed]

(a)

Summary jury trial - The summary jury trial is an abbreviated proceeding during

which the parties’ attorneys summarize their case before a six-person jury. Unless

the parties stipulate otherwise, the verdict is advisory only.

(b)

Summary bench trial - A summary bench trial is an abbreviated proceeding during

which the parties’ attorneys summarize their case before a judge or magistrate

judge. Unless the parties stipulate otherwise, the verdict is advisory only.

16.8 Settlement conferences - The Ccourt may order a settlement conference to be held before

a district judge or a magistrate judge. All parties may be required to be present. For parties that are not

natural persons, a natural person representing that party who possesses ultimate settlement authority

may be required to attend the settlement conference. In cases where an insured party does not have

full settlement authority, an official of the insurer with ultimate authority to negotiate a settlement may also

be required to attend.

VI. TRIALS

Local Civil Rule 39. Trial procedures [Repealed]

39.1 [Repealed]Exhibits during trial - Exhibits shall be premarked in accordance with the order

issued by the Court.

39.2

Exhibits after trial [Repealed]

(a)

[Repealed]Unless the Court orders otherwise, exhibits shall not be filed with the

Clerk, but shall be retained in the custody of the respective attorneys who produced

them in court.

(b)

[Repealed]In case of an appeal, a party, upon written request of any party or by

order of the Court, shall make available all the original exhibits in that party's possession, or true copies thereof, to enable such other party to prepare the record on

appeal, at which time and place such other party shall also make available all the

original exhibits in that party's possession. The parties are encouraged to designate

which exhibits are necessary for the determination of the appeal. The parties are

to submit to the Clerk of this Court a list of those exhibits so designated indicating

in whose custody they remain. The attorney who has custody of the exhibits shall

be charged with the responsibility for their safekeeping and transportation to the

Court of Appeals. All exhibits which are not designated as necessary for the

determination of the appeal shall remain in the custody of the respective attorneys

who shall have the responsibility of promptly forwarding same to the Clerk of the

Court of Appeals upon request.

(c)

[Repealed]For good cause shown, the Court may order the Clerk to take custody

of any or all exhibits on behalf of a party. If the Clerk does take custody of any exhibits, parties are to remove them within twenty-eight (28) days after the mandate

of the final reviewing court is filed. Parties failing to comply with this rule shall be

notified by the Clerk to remove their exhibits and upon their failure to do so within

twenty-eight (28) days, the Clerk may dispose of them as the Clerk may see fit.

Local Civil Rule 40. Trial date

40.1 Scheduling - Cases shall be set for trial in the manner and at the time designated by the

judge before whom the cause is pending. Any case may be assigned from one judge to another with the

consent of both judges to promote the efficient administration of justice or to comply with the Speedy Trial

Act in another case.

40.2 Continuances - A motion for a continuance of a trial or other proceeding shall be made only

for good cause and as soon as the need arises.

40.3 Notice of Ssettlement - Whenever a case is settled or otherwise disposed out of court,

counsel for all parties shall assure that immediate notice is given to the Ccourt. Should a failure to

provide immediate notice result in having jurors unnecessarily report for service in connection with the

case, the Ccourt may, on its own motion, for good cause shown, assess costs incurred in having jurors

report for service equally between the parties or against one or more of the parties responsible for failure

to notify the Ccourt.

Local Civil Rule 41. Involuntary dismissal for want of prosecution or failure to follow rules

41.1 A judicial officer may issue an order to show cause why a case should not be dismissed

for lack of prosecution or for failure to comply with these rules, the Federal Rules of Civil Procedure, or

any court order. If good cause is not shown within the time set in the show cause order, a district the

presiding judge may enter an order of dismissal with or without prejudice, with or without costs. Failure

of a plaintiff to keep the Ccourt apprised of a current address shall be grounds for dismissal for want of

prosecution.

Local Civil Rule 43. Attorney as witness [Repealed]

43.1 Leave of court to conduct the trial of an action in which the attorney is to be a witness shall

be sought in advance of trial when feasible.

Local Civil Rule 45. Service of subpoenas

45.1 Unless otherwise ordered, Aall subpoenas delivered to be served by the United States

Marshal’s Service Office for service shall allow a minimum of seven (7) days if within the Western District

of Michigan, or fourteen (14) days if outside the district, prior to the required appearance. LCivR 4.1

governs payment of fees to the marshal.

Local Civil Rule 47. Confidentiality of juror information

47.1

Confidentiality of juror information

(a)

All information obtained from juror questionnaires is confidential and may be used

only for jury selection and in accordance with this rule.

(b)

All copies of juror questionnaires must be destroyed or returned to the Ccourt upon

completion of jury selection, or at any earlier time determined by the Ccourt.

(c)

For represented parties, counsel of record is responsible for maintaining the

confidentiality and security of juror questionnaires, and must apply security practices

no less stringent than those applicable to confidential client information.

Unrepresented parties may use juror questionnaires only under supervision of the

Ccourt, and may not reproduce the juror questionnaires in any form, or distribute

them to anyone.

(d)

Juror questionnaires will be electronically filed under restricted access three (3)

business days before trial. Electronic access will be available to the Ccourt and

counsel of record only. The Ccourt will provide unrepresented parties with one

paper copy of the juror questionnaires at the beginning of jury selection. Juror

questionnaires will not be available via mail or facsimile transmission.

VII. JUDGMENT

Local Civil Rule 54. Costs and Attorney’s Fees

54.1 Taxation of Ccosts - If the parties in a case can agree on costs, it is not necessary to file

a cost bill with the Cclerk. If the parties cannot agree, a bill of costs shall be filed with the Cclerk within

twenty-eight (28) days from the entry of judgment. If a bill of costs is filed, any party objecting to the

taxation of costs must file a motion to disallow all or part of the claimed costs within fourteen (14) days

of service of the bill of costs on that party. The motion and response thereto shall be governed by LCivR

7.1 and 7.3.

54.2

Attorney’s Ffees in Ccertain Social Security Ccases

(a)

Scope of Rrule - The procedures set forth in this rule apply to motions for attorney’s

fees brought under 42 U.S.C. § 406(b)(1)(A) (Social Security Ddisability Cclaims)

or 42 U.S.C. § 1383(d)(2)(A) (Ssupplemental Ssecurity Iincome Cclaims), which

allow an attorney to obtain fees from the client’s award of past-due benefits for work

performed in the Ddistrict Ccourt. It is necessary to prescribe a special procedure

for such cases, because the amount of past-due benefits is unknown at the time

judgment for the claimant is entered in the Ddistrict Ccourt. This rule does not apply

to motions for fees under the Equal Access to Justice Act (EAJA), which are

governed by the procedures set forth in that Act. 28 U.S.C. § 2412(d).

(b)

Procedure

(i)

Deadline for filing motionCommencement of Time Period - The time in

which an attorney must file a motion for approval of fees under 42 U.S.C. §§

406(b)(1)(A) or 1383(d)(2)(A) no later than 35 days after commences on

the date shown on the face of the Nnotice of Aaward issued by the Social

Security Administration. This time period does not commence until the

Administration has issued all of the Notices of Award necessary to calculate

the total amount of retroactive benefits payable. In the case of multiple or

amended notices, the time period commences on the date shown on the face

of the last notice.

(ii)

Deadline for Filing Motion - The time to file a motion for fees expires after the

commencement date calculated under subparagraph (i) above. Any motion

filed after this deadline will be considered only by a specific showing of

excusable neglect by plaintiff’s attorney.

(iii)

Requirements for Mmotion - The motion must be accompanied by a

supporting brief and all necessary documentation. The motion must state the

following:

(A)

Tthe past due benefits due the claimant;.

(B)

The past due benefits due any dependents.

(BC) Tthe total dollar amount withheld by the Commissioner out of these

past due benefits to cover a potential award of attorneys fees in

this court;.

(CD) Tthe dollar amount (if any) of fees the attorney was awarded, has

sought, or intends to seek pursuant to 42 U.S.C. § 406(a) for services

performed at the administrative level of review;.

(DE) Wwhether the attorney has knowledge of any other representative(s)

who were awarded, sought, or will seek authorization for fees under

42 U.S.C. § 406(a);.

(EF)

Tthe dollar amount of fees sought pursuant to 42 U.S.C. § 406(b);.

(FG) Tthe dollar amount of court costs, fees, and/or expenses sought or

already awarded under the Equal Access to Justice Act (28 U.S.C. §

2412);.

(H)

The dollar amount, if different from that provided in compliance with

subsection(b)(iii)(C), that is currently being withheld by the

Commissioner to cover a potential award of attorney’s fees in this

Court.

(GI)

Aan itemization of the services provided in judicial proceedings,

specifying the hours worked, the work performed, and the attorney’s

hourly billing rate;.

(J)

An itemization of the services provided in administrative proceedings

and, if the attorney maintains time records for administrative work, a

specification of the hours worked and the billing rate. The itemization

for administrative proceedings is an aid to the Court’s assessment of

the reasonableness of the fee yielded by the fee agreement.

(K)

Whether counsel has represented the client in any other matter that

involved the impairments in the disability claim. If so, indicate:

(1)

whether the attorney has or may obtain an attorney fee from

that matter and the amount or means of calculation; and

(2)

which medical evidence or reports prepared for or used in that

matter were also used in the social security proceedings.

(HL)

Aan argument establishing that the fees sought are authorized under

any applicable fee agreement, are reasonable, and do not exceed

applicable statutory limits;. and

(IM)

Iin addition to complying with the requirements of W.D. Mich. LCivR

7.1, an affirmative statement that the attorney has discussed the

matter of fees with the plaintiff and the plaintiff either has no objection

to the amount of fees sought in the motion, or that the plaintiff and the

attorney disagree as to the reasonableness of the fees sought.

(iiiiv) The fee motion must be accompanied by:

(A)

Llegible copies of all of the Nnotices of Aaward showing the amount

of past due benefits and the amount(s) withheld by the Commissioner

under 42 U.S.C. §§ 406, 1383;.

(B)

Aa copy of any fee agreement entered into between the plaintiff and

the attorney;. and

(C)

Aa certificate of service that the attorney’s fee motion and

attachments have been served on the U.S. Aattorney and on the

plaintiff.

(iv)

Response - Any response by the client or defendant must be filed within

twenty-one (21) days after the motion for attorney’s fees is served. Reply

briefs are not permitted absent leave of court.

(vi)

Reply Brief - Because it is plaintiff’s attorney’s burden to establish entitlement

to and the reasonableness of the attorney’s fees requested, it should seldom

be necessary to file a reply brief. Plaintiff’s attorney may not file a reply brief

absent leave of Court.

VIII. PROVISIONAL AND FINAL REMEDIES

Local Civil Rule 65. Bonds and sureties

65.1 In all civil actions the Cclerk shall accept as surety upon bonds and other undertakings a

surety company approved by the United States Department of Treasury, cash or an individual personal

surety residing within the district. The Cclerk shall maintain a list of approved surety companies. Any

personal surety must qualify as the owner of real estate within this district of the full net value of twice the

face amount of the bond. Attorneys or other officers of this Ccourt shall not serve as sureties. This rule

shall apply to supersedeas bonds and any other bonds required by law.

Local Civil Rule 67. Deposit in court; payment of judgment

67.1 Deposit of funds - Any order requiring the Cclerk to make investment of funds in an interest

bearing account shall not be effective until such order is personally served on the Cclerk.

67.2 Payment of judgment - Except with respect to litigation in which the United States is a party,

the Cclerk will not, unless authorized by order of the Ccourt, accept payment of judgments. Upon receipt

of payment of a judgment, however, the party shall file with the Cclerk an acknowledgment of payment.

IX. SPECIAL PROCEEDINGS

Local Civil Rule 71A. Condemnation cases [Repealed]

71A.1 When the United States files separate land condemnation actions and concurrently files a

single declaration of taking relating to those separate actions, the Clerk is authorized to establish a

master file so designated, in which the declaration of taking shall be filed, and the filing of the declaration

of taking therein shall constitute a filing of the same in each of the actions in which it relates.

Local Civil Rule 72. Authority of United States magistrate judges

72.1 Authority, generally - The United States magistrate judges of this district are hereby

empowered to perform all duties authorized by 28 U.S.C. § 636 and any other duty not inconsistent with

the Constitution and laws of the United States, as more fully set forth below.

(a)

Duties under 28 U.S.C. § 636(a) - Each magistrate judge of this Ccourt is empowered to perform all duties prescribed by 28 U.S.C. § 636(a).

(b)

Determination of nondispositive pretrial matters - 28 U.S.C. § 636(b)(1)(A) - A

magistrate judge may hear and determine any procedural or discovery motion or

other pretrial matter in a case, other than the motions which are specified in

subsection LCivR 72.1(c) of this rule.

(c)

Recommendations regarding case-dispositive motions - 28 U.S.C. § 636(b)(1)(B)

(i)

(ii)

(d)

A magistrate judge may submit to a district judge of the Court a report

containing proposed findings of fact and recommendations for disposition by

the district judge of the following pretrial motions in civil cases:

(A)

motion for injunctive relief, including temporary restraining orders and

preliminary and permanent injunctions;

(B)

motions for judgment on the pleadings;

(C)

motions for summary judgment;

(D)

motions to dismiss or permit the maintenance of a class action;

(E)

motions to dismiss for failure to state a claim upon which relief may be

granted;

(F)

motions to involuntarily dismiss an action; or

(G)

motions for review of default judgments.

A magistrate judge may determine any preliminary matters and conduct any

necessary evidentiary hearing or other proceeding arising in the exercise of

the authority conferred by this rule.

Prisoner cases under 28 U.S.C. §§ 2254 and 2255 - A magistrate judge may perform any or all of the duties imposed upon a district judge by the rules governing

proceedings in the United States District Courts under §§ 2254 and 2255 of Title 28,

United States Code and may review all other applications for relief made under 28

U.S.C. Chapter 153. In so doing, a magistrate judge may issue any preliminary

orders and conduct any necessary evidentiary hearing or other appropriate

proceeding and may submit to a district judge a report containing proposed findings

of fact and recommendations for disposition of the petition by the judge. Any order

disposing of the petition may only be made by a district judge.

(e)

Prisoner cases under 42 U.S.C. § 1983 - A magistrate judge may issue any preliminary orders and conduct any necessary evidentiary hearing or other appropriate

proceeding and may submit to a district judge a report containing proposed findings

of fact and recommendations for the disposition of petitions filed by prisoners challenging the conditions of their confinement. Any order disposing of the petition

may only be made by a district judge.

(f)

Other duties - A magistrate judge is also authorized to:

(i)

exercise all authority conferred upon United States magistrate judges by the

Federal Rules of Civil Procedure;

(ii)

conduct pretrial conferences, settlement conferences, omnibus hearings, and

related pretrial proceedings in cases;

(iii)

conduct voir dire and select petit juries to the extent allowed by law;

(iv)

accept petit jury verdicts in cases in the absence of a judge;

(v)

issue subpoenas, writs of habeas corpus ad testificandum or habeas corpus

ad prosequendum, or other orders necessary to obtain the presence

of parties, witnesses or evidence needed for investigations or for court

proceedings;

(vi)

order the exoneration or forfeiture of bonds;

(vii)

conduct proceedings for the collection of civil penalties of not more than $200

assessed under the Federal Boat Safety Act of 1971, in accordance with 46

U.S.C. §§ 4311(d) and 12309(c);

(viii)

conduct examinations of judgment debtors in accordance with Rule 69 of the

Federal Rules of Civil Procedure;

(ix)

conduct proceedings for initial commitment of narcotics addicts under Title III

of the Narcotic Addict Rehabilitation Act;

(x)

perform the functions specified in 18 U.S.C. §§ 4107, 4108, and 4109, re49

garding proceedings for verification of consent by offenders to transfer to or

from the United States and the appointment of counsel therein;

(xi)

conduct final hearings and decide routine motions for dismissal and continuance in naturalization cases in which petitioners are recommended by the

Immigration and Naturalization Service without reservation;

(xii)

issue summons, search warrants, orders or other process authorizing agents

and officers of the Internal Revenue Service or other authorized persons to

enter premises and to make such search as is necessary in order to levy and

seize property pursuant to Section 6331 of the Internal Revenue Code or

other applicable provision of law;

(xiii)

conduct proceedings in accordance with 26 U.S.C. §§ 7402(b) and 7604(b)

regarding enforcement of Internal Revenue Service summonses; and

(xiv)

perform any additional duty not inconsistent with the Constitution and laws

of the United States.

72.2 Assignment of matters to magistrate judges - Unless otherwise ordered by the district

judge to whom a case is assigned, the magistrate judge assigned to any case may hear and determine

any nondispositive pretrial matters in that case without any further order of reference.

72.3

(a)

General cases - The method for assignment and reassignment of duties to a magistrate judge and for the allocation of duties among the several magistrate judges of

the Ccourt shall be made in accordance with orders of the Ccourt or by special

designation of a the Chief Jjudge.

(b)

Habeas corpus and prisoner civil rights cases - At the time of filing any habeas

corpus or prisoner civil rights case, the Cclerk shall assign the case to a district

judge and to a magistrate judge in accordance with procedures established by these

rules and the implementing orders of the Ccourt. The assigned magistrate judge

may enter such orders and conduct such proceedings in that case as are authorized

by statute or rule, without any further order of reference. An order disposing of the

case may only be entered by a district judge.

Review and appeal of magistrate judges' decisions

(a)

Appeal of nondispositive matters - 28 U.S.C. § 636(b)(1)(A) - Any party may appeal

from a magistrate judge's order determining any motion or matter within fourteen

(14) days after service of the magistrate judge's order, unless a longer different

time is prescribed by the magistrate judge or a the district judge. Such party shall

file and serve a written statement of appeal which shall specifically designate the

order, or part thereof, appealed from and the basis for any objection thereto. In any

case in which the decision of the magistrate judge is reflected only in an oral opinion

on the record, the appealing party shall provide the district judge with a transcript of

the oral opinion, unless excused by the district judge. Any party may respond to

another party's objections within fourteen (14) days of service. Objections and responses shall conform to the word count and page limits for briefs set forth in

LCivR 7.3(b). A district judge of the Ccourt shall consider the appeal and shall set

aside any portion of the magistrate judge's order found to be clearly erroneous or

contrary to law.

(b)

Review of case-dispositive motions and prisoner litigation - 28 U.S.C § 636(b)(1)(B)Any party may object to a magistrate judge's proposed findings, recommendations

or report within fourteen (14) days after being served with a copy thereof unless a

longer different time is prescribed by the magistrate judge or a district judge. Such

party shall file and serve written objections which shall specifically identify the

portions of the proposed findings, recommendations or report to which objections

are made and the basis for such objections. Any party may respond to another

party's objections within fourteen (14) days after being served with a copy thereof.

Objections and responses shall conform to the word count and page limits for

briefs set forth in LCivR 7.2(b). A district judge shall make a de novo determination

of those portions of the report or specified proposed findings or recommendations

to which objection is made and may accept, reject, or modify, in whole or in part, the

findings or recommendations made by the magistrate judge. The district judge,

however, need conduct a new hearing only where required by law, and may consider the record developed before the magistrate judge, making a de novo

determination on the basis of that record. The district judge may also receive

further evidence, recall witnesses or recommit the matter to the magistrate judge

with instructions.

(c)

Special master reports - 28 U.S.C. § 636(b)(2) - Any party may seek review of, or

action on, a special master report filed by a magistrate judge in accordance with the

provisions of Rule 53(f) of the Federal Rules of Civil Procedure.

(d)

Appeals from other orders of a magistrate judge - Appeals from any other decisions

and orders of a magistrate judge not provided for in this rule should be taken as

provided by governing statute, rule, or decisional law.

Local Civil Rule 73. Consent jurisdiction of magistrate judges

73.1 Conduct of trials and disposition of cases upon consent of the parties -28 U.S.C. § 636(c) Upon the consent of all parties, a magistrate judge may conduct any or all proceedings in any case,

including the conduct of a jury or non-jury trial, and may order the entry of a final judgment, in accordance

with 28 U.S.C. § 636(c). In the course of conducting such proceedings, a magistrate judge may hear and

determine any and all pretrial and post-trial motions, including case-dispositive motions.

73.2 Assignment of cases to magistrate judges - In an effort to increase the number of

consent cases, which serves the interests of promoting judicial economy, the court may issue

an administrative order adopting procedures for assignment of some civil actions to magistrate

judges.

73.23 Notice - The Cclerk shall notify the parties in cases of their option to consent to have a

magistrate judge conduct any or all proceedings as provided by law.

73.34 Execution of consent - The Cclerk shall not accept a consent form unless it has been signed

by all the parties in a case. No consent form will be made available, nor will its contents be made known,

to any judge or magistrate judge, unless all parties have consented to the reference to a magistrate

judge. No magistrate judge or other court official may attempt to persuade or induce any party to consent

to the reference of any matter to a magistrate judge. This rule, however, shall not preclude a district

judge or magistrate judge from informing the parties that they have the option of referring a case

consenting to a magistrate judge.

73.45 Reference - After the consent form has been executed and filed, the Cclerk shall transmit

it to the district judge to whom the case has been assigned for approval and referral of the case to a

magistrate judge, if necessary. Once the case has been assigned to a magistrate judge, the magistrate

judge shall have the authority to conduct any and all proceedings to which the parties have consented

and to direct the Cclerk of Court to enter a final judgment in the same manner as if a judge had presided.

73.5 Suspension of rule - This rule may be suspended in those instances when the Court

determines that the other duties of the magistrate judges preclude their availability for this purpose.

X. DISTRICT COURTS AND CLERKS

Local Civil Rule 77. District courts and clerks; issuance of process

77.1 Time and place of holding court - The Ccourt shall be deemed to be in continuous session

for transacting judicial business on all business days throughout the year. Proceedings may be held at

such times and places within the district as the judge to whom the case is assigned shall designate.

77.2 Clerk’s Ooffice - The Ccourt maintains Southern Division offices in Grand Rapids,

Kalamazoo and Lansing, and a Northern Division office in Marquette.

77.3 Issuance of process - Any party requesting the issuance of any process or who initiates any

proceeding in which the issuance of process is required by statute, rule or order, shall prepare all required

forms, including the following: (a) Ssummons; (b) Wwarrants of Sseizure and Mmonition; (c)

Ssubpoenas to Wwitnesses; (d) Ccertificates of Jjudgment; (e) Wwrits of Eexecution; (f) Oorders of

Ssale; and (g) Aall process in garnishment or other aid in execution; and (h) Civil cover sheet. The party

where necessary shall present the process to the Cclerk for signature and sealing. The Cclerk shall,

upon request, and subject to current availability, make reasonable supplies of all blank official forms of

process available to attorneys admitted to practice in this Ccourt, or their agents or employees.

77.4

Notice of state interests - [Repealed]

Local Civil Rule 79. Books and records kept by the Clerk [Repealed]

79.1 Custody of files - Paper files in Southern Division cases shall be maintained in the divisional

office where the district judge or magistrate judge assigned to the case sits. All Northern Division files

shall be maintained in Marquette. [Repealed]

79.2 Removal of files, exhibits and papers - No files, pleadings, exhibits or papers shall be

removed from the offices of the Clerk except upon order of the Court. Whenever files, pleadings, exhibits

or papers are removed from an office of the Clerk, the person receiving them shall sign and deliver to the

Clerk a receipt therefor. [Repealed]

79.3 Duplication of papers - The Clerk shall make reasonable arrangements for the duplication

of unrestricted papers in any court file. [Repealed]

XI. GENERAL PROVISIONS

Local Civil Rule 83. Attorneys; bankruptcy; mMiscellaneous; conduct in federal court facilities

83.1

Attorneys

(a)

(b)

Definitions - As used in Local Rules 83.1(a) through 83.1(q), these terms are defined

below.

(i)

“Discipline” means an order entered against an attorney by the Michigan

Attorney Discipline Board, a similar disciplinary authority of another state, or

a state or federal court, revoking or suspending an attorney’s license or

admission before a court to practice law, placing an attorney on probation or

inactive status,requiring restitution, or a transfer to inactive status in lieu of

discipline.

(ii)

“Chief Judge” means the Chief Judge or another district judge designated to

perform the Chief Judge’s functions under these rules.

(iii)

“Practice in this Court,” means, in connection with an action or proceeding

pending in this Court, to appear in, commence, conduct, prosecute, or defend

the action or proceeding; appear in open court; sign a paper; participate in

a pretrial conference; represent a client at a deposition; counsel a client in

the action or proceeding for compensation; or otherwise practice in this Court

or before an officer of this Court.

(iv)

“State” means a state, territory, commonwealth, or possession of the United

States, and the District of Columbia.

(v)

“Serious crime” means:

(A)

a felony; or

(B)

a crime, a necessary element of which, as determined by the statutory

or common law definition of the crime in the jurisdiction of the

conviction, involves interference with the administration of justice,

false swearing, misrepresentation, fraud, willful failure to file income

tax returns, willful failure to pay income tax, deceit, bribery, extortion,

misappropriation, theft, or an attempt, conspiracy, or solicitation of

another to commit a serious crime.

Roll of attorneys - The bar of this Court consists of those currently admitted to

practice in this Court. The Clerk shall maintain the roll of admitted attorneys.

(c)

(d)

Eligibility for admission

(i)

Eligibility - A person who is duly admitted to practice in a court of record of

a state, and who is in active status and in good standing, may apply for

admission to the bar of this Court, except as provided in (ii) below.

(ii)

Effect of prior discipline - If the applicant has been held in contempt,

disciplined, or convicted of a crime, the Chief Judge shall make an

independent determination as to whether the applicant is qualified to be

entrusted with professional matters and to aid in the administration of justice

as an attorney and officer of the Court. An applicant dissatisfied with the

decision of the Chief Judge may within twenty-eight (28) days file a petition

for a hearing before a three judge panel as described in LCivR 83.1(m)(iii).

(iii)

Pro hac vice admissions - This Court disfavors pro hac vice admission and

prefers that all lawyers appearing before it become full members of the bar

of the Court. Pro hac vice admission may nevertheless be allowed on a

temporary basis pending full admission, or in unusual circumstances.

Procedure for admission

(i)

An applicant for admission to the bar of this Court shall pay the fee

established by the Court and complete the application provided by the Clerk.

The following information must be included in the application:

(A)

office address and telephone number;

(B)

the date of admission and each jurisdiction where the applicant has

been admitted to practice; and

(C)

whether the applicant has ever been held in contempt, subjected to

discipline as defined by these rules or convicted of a crime. If so, the

applicant shall state the facts and the final disposition of each such

instance.

(ii)

A sponsor must sign a declaration supporting the application for admission.

A sponsor may be a member of the bar of this Court or, for applicants

residing in another state, a judge of a court of record of that state, or a

federal judge. The Chief Judge may waive the sponsorship requirement for

recent law school graduates.

(iii)

If an applicant has been subject to discipline as defined by these rules, the

application must be accompanied by a copy of the entire disciplinary record,

including complaints, answers, hearing transcripts and orders entered in the

disciplinary proceedings.

(iv)

(e)

The Chief Judge may grant or deny the application for admission.

Alternatively, the Chief Judge may refer the application to a three-judge panel

constituted pursuant to subsection(m)(iii)(A) of this rule for decision. A panel

may grant or deny the application or may grant it subject to conditions. A

decision of a majority of the three-judge panel shall be final and binding. If

the Court grants the application, the Clerk shall issue a certificate of

admission.

Limited pre-admission practice - An attorney may appear on record and file papers

in a case or proceeding before actual admission to practice in this Court if:

(i)

the attorney pays the fee established by the Court;

(ii)

the attorney files the application required by this rule with the Clerk; and

(iii)

the attorney is admitted before a personal appearance in court.

(f)

Local counsel - The Court may, in its discretion, require any attorney whose office

is a great distance from the courthouse to retain local counsel. Local counsel shall

enter an appearance in the case and shall have both the authority and responsibility

for the conduct of the case should lead counsel be unavailable for any appearance,

hearing or trial.

(g)

Government attorneys - An attorney representing the United States, or an agency

of the United States may practice in this Court in official capacity without applying

for admission. If the attorney does not have an office in the district, he or she shall

designate the United States Attorney or an Assistant United States Attorney for this

district to receive service of all notices and papers. Service of notice on the United

States Attorney or designated assistant shall constitute service on the nonresident

government attorney.

(h)

Law student practice

(i)

Admission - Upon a satisfactory showing of eligibility and taking of the prescribed oath, a law student in an approved program may appear before the

Court under the supervision of an attorney who has been duly certified. The

supervising attorney may be an attorney in the U.S. Attorney's Office, an

attorney in private practice admitted to practice before this Court, or a faculty

member of an ABA-approved law school teaching in an eligible law school

clinical program as defined in (iii) below.

(ii)

Eligibility of law student - To be eligible to practice, a law student must:

(A)

be enrolled in, or have graduated from, a law school approved by the

American Bar Association;

(iii)

(B)

have completed at least two-thirds of the credit hours necessary for

graduation from that law school;

(C)

be certified by the dean of the law school as being of good character

and of sufficient legal ability and training to perform as a legal intern;

(D)

have a working knowledge of the Federal Rules of Civil and Criminal

Procedure, Evidence, and Code of Professional Responsibility;

(E)

have been certified by the Court pursuant to this rule;

(G)

if the student qualifies as a legal intern under a supervising law school

faculty member, be registered for credit in a law school clinical

program which has been certified by the Court; and

(H)

have been appropriately introduced to the Court by a member of the

bar of this Court or by the supervising faculty member.

Eligibility of program

(A)

An eligible law school clinical program:

(1)

must be offered for credit at a law school approved by the

American Bar Association;

(2)

must be supervised by a full-time or adjunct law school faculty

member who is admitted to practice before this Court;

(3)

must include academic and practical advocacy training within

the program;

(4)

must be certified by this Court;

(5)

must provide malpractice insurance for its activities, supervisors and student participants in the legal representation of any

clients;

(6)

must designate an official within the Western District to whom

all notices may be sent in connection with this rule or any legal

representation provided pursuant to this rule; and

(7)

may arrange for a supervisor to accept compensation other

than from a client, such as compensation under the Criminal

Justice Act.

(B)

(iv)

An eligible non-law school clinical program:

(1)

must be supervised by a member of a bar who is admitted to

practice before this Court;

(2)

must be developed to provide practical advocacy training within

the program;

(3)

must provide direct supervision by the supervising attorney;

(4)

must be for a period of no less than fourteen (14) weeks;

(5)

must be certified by the Court;

(6)

must provide malpractice insurance for its activities,

supervisors and student participants in the legal representation

of any client under this program;

(7)

may be, but need not be, under the direction of a full-time or

adjunct faculty member of a law school; and

(8)

must identify the supervising attorney to whom all notices may

be sent.

Requirements for supervisor - A supervisor must:

(A)

if a full-time or adjunct member of a law school faculty, be certified by

the dean of the law school as being of good character, and as having

sufficient legal ability and adequate litigation experience to fulfill the

responsibilities as the supervisor. If the supervisor is not a member

of a law school faculty, the certification may be provided by a

practicing member of the bar;

(B)

be admitted to practice in this Court;

(C)

be present with the student in court and at other proceedings in which

testimony is taken and as required under subsection (e) of this rule;

(D)

cosign all pleadings or other documents filed with the Court;

(E)

assume full personal and professional responsibility for a student's

guidance in any work undertaken and for the quality of a student's

work, and be available for consultation with represented clients;

(F)

assist and counsel the student in activities pursuant to this rule and review all such activities with the student to the extent required for the

proper practical training of the student and protection of the client; and

(G)

(v)

be responsible for supplemental oral or written work for the student as

is necessary to ensure proper representation of the client.

Approved activities - A certified student under the personal supervision of a

supervisor may participate in activities as set out below.

(A)

A student may represent any client, including federal, state or local

government bodies, if the client on whose behalf the student is

appearing has indicated in writing consent to that appearance and the

supervising attorney has also indicated in writing approval of that

appearance.

(B)

A student may represent a client in any criminal, civil or administrative

matter on behalf of any person or governmental body. However, any

judge or magistrate judge of this Court retains the authority to limit a

student's participation in any individual case before that judge or

magistrate judge.

(C)

Representation shall include holding of consultations, preparation of

documents for filing or submission to the Court, participation in discovery proceedings and the participation in trials and other court

proceedings.

(D)

The supervising attorney must be present with the student for all court

appearances or for the taking of oral depositions except that a legal

intern under a law school clinical program may appear in court without

the supervising attorney unless the Court directs the presence of the

supervisor. The Court shall be advised in advance whenever a legal

intern is scheduled to appear in court without a supervising attorney.

(E)

A student may make no binding commitments on behalf of an absent

client prior to client and supervisor approval. Documents or papers

filed with the Court must be read, approved and cosigned by the

supervising attorney. The Court retains the authority to establish

exceptions to such activities.

(F)

A judge of this Court may terminate the admission of the legal intern

at any time without prior notice or hearing or showing of cause.

(vi)

Compensation - An eligible law student may neither solicit nor accept

compensation or remuneration of any kind for services performed pursuant

to this rule from the person on whose behalf services are rendered; but this

rule will not prevent an attorney, legal aid bureau, law school or state or

federal agency from paying compensation to an eligible law student, or

making such charges for services as may be proper.

(vii)

Certification of student - Certification of a student by the law school dean or

designee, if such certification is approved by the Court, shall be filed with the

Clerk and unless it is sooner withdrawn, shall remain in effect until the

expiration of twelve (12) months. Certification will automatically terminate if

the student does not take the first bar examination following graduation, or

if the student fails to achieve a passing grade in the bar examination, or if the

student is admitted to full practice before this Court. Certification of a student

to appear in a particular case may be withdrawn by the Court at any time, in

the discretion of the Court and without any showing of cause.

(i)

(viii)

Certification of program - Certification of a program by the Court shall be filed

with the Clerk and shall remain in effect indefinitely unless withdrawn by the

Court. Certification of a program may be withdrawn by the Court at any time,

in the discretion of the Court and without any showing of cause.

(ix)

Certification of supervisor - Certification of a supervisor by the law school

dean or member of the bar, if such certification is approved by the Court,

shall be filed with the Clerk and shall remain in effect indefinitely unless

withdrawn by the Court. Certification of a supervisor may be withdrawn by

the Court at any time, in the discretion of the Court and without any showing

of cause. Any judge or magistrate judge of this Court retains the authority to

withdraw or limit a supervisor's participation in any individual case before that

judge or magistrate judge. Certification of a supervisor may be withdrawn by

the dean or attorney who originally certified the supervisor by mailing the

notices of withdrawal to the Clerk.

Unauthorized practice

(i)

(j)

A person must be a member in good standing of the bar of this Court to

practice in this Court or to hold himself or herself out as being authorized to

practice in this Court, except that:

(A)

a party may proceed in pro per;

(B)

government attorneys may practice under LCivR 83.1(g); and

(C)

law students may practice under LCivR 83.1(h).

(D)

A licensed attorney who is not under suspension or disbarment in this

or another federal or state court may:

(1)

cosign papers or participate in pretrial conferences in

conjunction with a member of the bar of this Court;

(2)

represent a client in a deposition; and

(3)

counsel a client in an action or proceeding pending in this

Court.

Consent to standards of conduct and disciplinary authority - An attorney admitted

to the bar of this Court or who practices in this Court as permitted by this Rule is

subject to the Rules of Professional Conduct adopted by the Michigan Supreme

Court, except those rules a majority of the judges of this Court exclude by

administrative order, and consents to the jurisdiction of this Court and the Michigan

Attorney Grievance Commission and Michigan Attorney Discipline Board for

purposes of disciplinary proceedings. Any person practicing or purporting to

practice in this Court shall be presumed to know the Local Rules of this Court,

including those provisions relating to sanctions for violations of these Rules.

(k)

Attorney discipline

(i)

Discipline other than suspension or disbarment - In accordance with the

provisions of this Rule, a district judge or magistrate judge may impose

discipline, except suspension or disbarment from this Court, on any attorney

who engages in conduct violating the Rules of Professional Conduct; willfully

violates these rules, the Federal Rules of Civil Procedure, or orders of the

Court; or engages in other conduct unbecoming of a member of the bar of

this Court. Prior to the imposition of discipline, the attorney shall be afforded

an opportunity to show good cause, within such time as the Court shall

prescribe, why the discipline should not be imposed. Upon the attorney’s

response to show cause, and after hearing, if requested and allowed by the

district judge, or upon expiration of the time prescribed for a response if no

response is made, the Court shall enter an appropriate order.

(ii)

Suspension or disbarment

(A)

Initiation of proceedings - Formal disciplinary proceedings leading up

to possible suspension or disbarment shall be initiated by the issuance

of an order to show cause, signed by the Chief Judge. Such order

may be issued by the Court, on its own initiative or in response to

allegations brought to the attention of the Court in a written complaint,

if the Court determines further investigation is warranted. The Chief

Judge may dismiss a complaint and refuse to issue an order to show

cause if the complaint is found to be frivolous. The order to show

cause issued by the Court shall include the specific facts that give rise

to the proposed discipline, including the date, place and nature of the

alleged misconduct, and the names of all persons involved. A copy

of the order and any supporting documents shall be mailed to the

attorney who is the subject of investigation. The attorney shall have

twenty-one (21) days from the entry of the order in which to respond.

The response shall contain a specific admission or denial of each of

the factual allegations contained in the order and, in addition, a

specific statement of facts on which the respondent relies, including

all other material dates, places, persons and conduct, and all

documents or other supporting evidence not previously filed with the

order that are relevant to the charges of misconduct alleged. The

response shall contain a specific request for a hearing, if so desired

by the respondent.

(B)

(iii)

Hearing - A disciplinary hearing shall be held only when the attorney

under investigation has requested such a hearing in a timely

response.

(1)

Procedures - If it is determined that a hearing is necessary, the

Chief Judge shall provide the attorney with written notice of the

hearing a minimum of twenty-one (21) days before its

scheduled date. The notice shall contain the date and location

of the hearing and a statement that the attorney is entitled to

be represented by counsel, to present witnesses and other

evidence,

and

confront

and

cross

examine adverse witnesses.

(2)

Conduct of the hearing - The hearing shall be conducted by a

panel of three judicial officers appointed by the Chief Judge,

consisting of at least one active or senior district judge. The

other members of the panel may include senior judges,

bankruptcy judges, and magistrate judges. Any judge who

initiated the request for discipline or before whom the allegation

giving rise to the request took place shall not be appointed to

the panel. The presiding judicial officer shall have the authority

to resolve all disputes on matters of procedure and evidence

which arise during the course of the proceeding. The presiding

judicial officer may appoint an attorney to assist in the

preparation and presentation of the evidence supporting the

allegations giving rise to the request for discipline. All

witnesses shall testify under penalty of perjury. Such hearings

shall be confidential and be recorded. A decision of a majority

of the three judge panel shall be final and binding. A written

order shall be prepared which shall include the findings of the

panel and disposition of the disciplinary charges. The order

shall be a matter of public record and be sent to the

respondent and complainant.

(3)

Burden of proof - The conduct giving rise to the request for

discipline shall be proven by a preponderance of the evidence.

(4)

Failure to appear - The failure of the respondent to appear at

the hearing shall itself be grounds for discipline.

Reinstatement after expiration of court-imposed discipline - After expiration

of a period of suspension imposed by this Court, an attorney may apply for

reinstatement by filing an affidavit under LCivR 83.1(m)(iii). The application

for reinstatement will be decided in accordance with the process set forth in

that rule. Unless and until reinstated, a suspended attorney must not

practice before this Court.

(l)

Attorneys convicted of crimes

(i)

Serious crimes

(A)

When an attorney admitted to practice before this Court is convicted

of a serious crime, the attorney is automatically suspended from

practice in this Court without further action of the Court, whether the

conviction resulted from a plea of guilty or nolo contendere or from a

verdict after trial or otherwise, and regardless of the pendency of an

appeal. On receipt of written notice of conviction of a serious crime

of an attorney admitted to practice before this Court, the Chief Judge

shall enter an order suspending the attorney. The suspension shall

continue until after final disposition of an appeal of the conviction,

proceedings on remand after an appeal, and any disciplinary

investigation and proceeding based on the conduct that resulted in the

conviction. The Court shall serve a copy of the order on the attorney

by certified mail.

(B)

On application, the Chief Judge shall reinstate the attorney on a

showing that:

(1)

there is a jurisdictional deficiency that establishes that the

suspension may not properly be ordered; such as that the

crime did not constitute a serious crime or that the attorney is

not the individual convicted; or

(2)

the conviction has been reversed and there is no likelihood of

further criminal prosecution or disciplinary action related to the

conduct that resulted in the conviction. A reinstatement will not

terminate any disciplinary investigation or proceeding based on

the conduct that resulted in the conviction.

(ii)

Other crimes - If the Court receives written notice of conviction of an attorney

admitted to practice before this Court of a crime not constituting a serious

crime, the matter shall be referred to the Chief Judge who may initiate

proceedings under subsection(k) (i) or (ii) of this rule.

(iii)

Obligations to report conviction - An attorney admitted to practice before this

Court shall, on being convicted of any crime, immediately inform the Clerk.

If the conviction was in this Court, the attorney shall also provide to the Clerk

a list of all other jurisdictions in which the attorney is admitted to practice. An

attorney knowingly violating this provision may, on notice and after hearing,

be charged with criminal contempt.

(m)

Discipline by other jurisdictions

(i)

(ii)

Reciprocal discipline

(A)

On receipt of written notice that another jurisdiction entered an order

of discipline against an attorney admitted to practice in this Court, the

Chief Judge shall enter an order imposing the same discipline,

effective as of the date that the discipline was effective in the other

jurisdiction. If the discipline imposed in the other jurisdiction has been

stayed there, the Court shall defer reciprocal discipline until the stay

expires.

(B)

When this Court enters an order of discipline against an attorney, the

attorney shall provide to the Clerk a list of all other jurisdictions in

which the attorney is admitted to practice.

Application to modify reciprocal discipline

(A)

Within twenty-eight (28) days after the effective date of the order of

discipline in this Court, the attorney may apply to the Chief Judge for

modification or vacation of the discipline.

(B)

The Chief Judge shall modify or vacate the discipline if, on the record

supporting the order of discipline in the other jurisdiction, the attorney

demonstrates or the Chief Judge finds that it clearly appears that:

(1)

the procedure in the other jurisdiction constituted a deprivation

of due process;

(2)

there was such an infirmity of proof establishing the

misconduct as to give rise to the clear conviction that this Court

could not accept as final the conclusion on that subject;

(3)

imposing the same discipline in this Court would result in grave

injustice; or

(4)

the misconduct warrants substantially different discipline.

If the Chief Judge determines that any of these grounds exist, the

Chief Judge shall order other appropriate discipline or no discipline.

(iii)

Reinstatement after expiration of discipline

(A)

An attorney may apply for reinstatement by filing an affidavit of

reinstatement stating that the jurisdiction that entered the underlying

order of discipline has reinstated the attorney. The application for

reinstatement must be accompanied by a copy of the entire

disciplinary record, including complaints, answers, hearing transcripts,

and orders entered in the disciplinary proceedings. The Chief Judge

shall assign such applications to a panel of three judicial officers

consisting of at least one active or senior district judge. The other

members of the panel may include senior judges, bankruptcy judges

and magistrate judges. Any judge who initiated the request for

discipline or before whom the allegation giving rise to request for

discipline took place shall not be appointed to the panel. A decision

of the majority of the three judge panel shall be final and binding.

(B)

The judicial officers assigned to the matter shall within twenty-eight

(28) days after assignment schedule a hearing at which the attorney

shall have the burden of demonstrating by clear and convincing

evidence that:

(1)

the attorney has complied with the orders of discipline of this

Court and all other disciplinary authorities;

(2)

the attorney has not practiced in this Court during the period of

disbarment or suspension and has not practiced law contrary

to any other order of discipline;

(3)

the attorney has not engaged in any other professional

misconduct since disbarment or suspension;

(4)

the attorney has the moral qualifications, competency and

learning in the law required for admission to practice law before

this Court; and

(5)

the attorney’s resumption of the practice of law will not be

detrimental to the integrity and standing of the bar or to the

administration of justice, or subversive of the public interest.

The Court may condition reinstatement on payment of all or part of the

costs of the proceedings in this Court and may impose any of the

conditions of reinstatement imposed in the other jurisdiction, or such

other conditions as are warranted.

(C)

(iv)

An attorney shall not file an application for reinstatement under this

Rule within one year following denial of such an application.

Obligation to report discipline

(A)

An attorney admitted to practice before this Court appearing or

participating in a pending matter shall, on being subjected to an order

of discipline, immediately inform the Clerk of the order of discipline.

(n)

(B)

An attorney admitted to practice before this Court shall, before

appearing or participating in a matter in the Court after being

subjected to an order of discipline that has not previously been

reported to the Court, immediately inform the Clerk of the order of

discipline.

(C)

An attorney knowingly violating this provision may be charged with

criminal contempt.

Resignation in other jurisdictions

(i)

If an attorney resigns from the bar of another court of the United States while

an investigation into allegations of misconduct is pending:

(A)

the attorney shall immediately and automatically be disbarred from

this Court; and

(B)

the attorney shall promptly inform the Clerk of the resignation. An

attorney knowingly violating this notification provision may be charged

with criminal contempt.

(ii)

On receipt of written notice that an attorney has resigned from the bar of

another court of the United States or the bar of a state while an investigation

into allegations of misconduct was pending, the Chief Judge shall enter an

order disbarring the attorney, effective as of the date of resignation in the

other jurisdiction.

(iii)

An attorney disbarred under this subsection may apply to the Chief Judge for

modification or vacation of the disbarment pursuant to LCivR 83.1(m)(ii).

(iv)

An attorney disbarred under this subsection may be reinstated if the attorney

is readmitted in the jurisdiction from which the attorney resigned and there

has been a final disposition of the investigation into allegations of misconduct

without an order of discipline.

(o)

Service of papers - Service of papers on an attorney under this Rule may be by mail

to the address of the attorney shown on the Court’s roll of attorneys or the address

in the most recent paper the attorney filed in a proceeding in this Court.

(p)

Duties of the Clerk

(i)

On being informed that an attorney admitted to practice before this Court has

been convicted of a crime, the Clerk shall determine whether the Court in

which the conviction occurred sent a certificate of the conviction to this Court.

If not, the Clerk shall promptly obtain a certificate and file it with the Court.

(ii)

On being informed that another court or a state has entered an order of

discipline against an attorney admitted to practice before this Court, the Clerk

shall determine whether a certified copy of the order has been filed with this

Court. If not, the Clerk shall promptly obtain a certified copy of the order and

file it with the Court.

(iii)

(q)

83.2

When this Court convicts an attorney of a crime or enters an order of

discipline against an attorney, the Clerk shall promptly notify the National

Discipline Data Bank operated by the American Bar Association and any

other authority that licensed or authorized the attorney to practice.

Other authority - Nothing in this Rule abridges the Court’s power to control

proceedings before it, including the power to initiate proceedings for contempt under

Fed. R. Crim. P. 42 or sanction or disqualify an attorney in a particular case.

Bankruptcy [Repealed]

(a)

Referral of cases under Title 11 to bankruptcy judges - Pursuant to the powers

granted by 28 U.S.C. § 157(a) any or all cases under Title 11 and any or all

proceedings arising under Title 11 or arising in or related to a case under Title 11

previously filed or hereafter filed shall be referred to the bankruptcy judges of this

district.

(b)

Bankruptcy court jurisdiction in core and noncore related proceedings - The

bankruptcy judge shall determine whether proceedings are core, or noncore related,

and shall enter appropriate orders and judgments s

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