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UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF MICHIGAN

IN RE: REVISED LOCAL RULES

Administrative Order No. 26-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 General Rules, the Local

Civil Rules, and the Local Criminal Rules. The amendments are the result of a comprehensive

review of rules that have been in effect since January 1, 2019. The revisions update and clarify a

number of rules to better reflect the Court’s current practices and expectations. An effort has been

made to consolidate, streamline, and improve consistency within the rules.

At a regular meeting conducted June 12, 2026, 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 West Michigan Federal Court Association, 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 Monday,

July 27, 2026, or thirty days after posting on the website, whichever is later. Comments should be

addressed to:

Ann Filkins, Clerk

United States District Court

399 Ford Federal Building

110 Michigan St., N.W.

Grand Rapids, MI 49503

or submitted electronically to comments@miwd.uscourts.gov.

The Court will consider all

comments before promulgating a final version of the proposed rules.

FOR THE COURT:

Dated: June 26, 2026

HALA Y. JARBOU

CHIEF UNITED STATES DISTRICT JUDGE

LOCAL RULES

PRACTICE AND PROCEDURE

United States District Court

For the Western District of Michigan

Hon. Hala Y. Jarbou, Chief Judge

Hon. Paul L. Maloney

Hon. Robert J. Jonker

Hon. Jane M. Beckering

TABLE OF CONTENTS

Local General Rules ____________________________ 4

Local General Rule 1. Authority; scope; construction _______________________________ 4

Local General Rule 2. Attorneys ________________________________________________ 5

Local General Rule 3. Bankruptcy ______________________________________________ 9

Local General Rule 4. Conduct in federal court facilities ____________________________ 10

Local Civil Rules _____________________________ 18

I. SCOPE OF RULES; FORM OF ACTION _____________________________________ 18

Local Civil Rule 1. Authority; scope; construction ______________________________ 18

II. COMMENCING AN ACTION; SERVICE OF PROCESS; PLEADINGS, MOTIONS,

AND ORDERS ____________________________________________________________ 19

Local Civil Rule 3. Commencing an action; assignment to division and judge _________ 19

Local Civil Rule 4. 1 Fee payment to marshal __________________________________ 24

Local Civil Rule 5. Serving and filing pleadings and other papers __________________ 24

III. PLEADINGS AND MOTIONS ____________________________________________ 35

Local Civil Rule 7. Motion practice __________________________________________ 35

Local Civil Rule 8. General rules of pleading __________________________________ 40

Local Civil Rule 10. Form of pleadings and other papers; filing requirements _________ 42

Local Civil Rule 16. Civil pretrial conferences; Alternative Dispute Resolution ________ 46

VI. TRIALS _______________________________________________________________ 49

Local Civil Rule 40. Trial date ______________________________________________ 49

Local Civil Rule 41. Involuntary dismissal for want of prosecution or failure to follow rules

_______________________________________________________________________ 50

Local Civil Rule 45. Service of subpoenas _____________________________________ 50

Local Civil Rule 47. Confidentiality of juror information _________________________ 50

VII. JUDGMENT __________________________________________________________ 52

Local Civil Rule 54. Costs and Attorney's Fees _________________________________ 52

VIII. PROVISIONAL AND FINAL REMEDIES _________________________________ 54

Local Civil Rule 65. Bonds and sureties _______________________________________ 54

Local Civil Rule 67. Deposit in court; payment of judgment _______________________ 54

IX. SPECIAL PROCEEDINGS _______________________________________________ 55

Local Civil Rule 72. Authority of magistrate judges _____________________________ 55

Local Civil Rule 73. Consent jurisdiction of magistrate judges _____________________ 58

X. DISTRICT COURTS AND CLERKS: CONDUCTING BUSINESS; ISSUING ORDERS59

Local Civil Rule 77. District courts and clerks; issuance of process _________________ 59

XI. GENERAL PROVISIONS ________________________________________________ 60

Local Civil Rule 83. Miscellaneous __________________________________________ 60

Local Criminal Rules __________________________ 61

I. APPLICABILITY ________________________________________________________ 61

Local Criminal Rule 1. Authority; scope; construction ___________________________ 61

III. THE GRAND JURY, THE INDICTMENT, AND THE INFORMATION ____________ 62

Local Criminal Rule 6. Grand juries __________________________________________ 62

IV. ARRAIGNMENT AND PREPARATION FOR TRIAL __________________________ 62

Local Criminal Rule 10. Arraignment ________________________________________ 62

Local Criminal Rule 11. Guilty pleas _________________________________________ 62

Local Criminal Rule 12. Motion practice ______________________________________ 63

Local Criminal Rule 17. Service of subpoenas __________________________________ 64

V. VENUE ________________________________________________________________ 64

Local Criminal Rule 18. Assignment of cases __________________________________ 64

VI. TRIAL ________________________________________________________________ 65

Local Criminal Rule 23. Trial date ___________________________________________ 65

Local Criminal Rule 24. Confidentiality of juror information ______________________ 65

VII. POST-CONVICTION PROCEDURES ______________________________________ 66

Local Criminal Rule 32. Sentencing __________________________________________ 66

Local Criminal Rule 32. 1.1 Actions against persons on probation or supervised release _ 70

VIII. GENERAL PROVISIONS _______________________________________________ 71

Local Criminal Rule 44. Motion for appointment _______________________________ 71

Local Criminal Rule 47. Motions ____________________________________________ 71

Local Criminal Rule 49. Form of pleadings and other papers; filing requirements ______ 74

Local Criminal Rule 50. Prompt disposition of criminal cases _____________________ 88

Local Criminal Rule 56. District courts and clerks; issuance of process ______________ 88

Local Criminal Rule 57. Magistrate judges; miscellaneous ________________________ 92

Local Criminal Rule 58. Misdemeanors; petty offenses and collateral forfeitures ______ 96

Local General Rules

Local General 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 LGenR 1.3, Rule 83

of the Federal Rules of Civil Procedure, and Rule 57 of the Federal Rules of Criminal Procedure.

1.2

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

____."

1.3

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 and Rule 57 of the Federal Rules

of Criminal Procedure. These rules include amendments through January 1, 2019 [insert 2026

date].

1.4

Applicability - These rules apply to all 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 clerk on the court’s website or made available upon

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

Procedure and the Federal Rules of Criminal 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 the statutes, regulations or rules shall be interpreted to include all revisions and

amendments thereto. References to the clerk shall be interpreted to mean the clerk of this court or

any deputy clerk. Wherever used in these rules, the term "party", whether used 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. Unless otherwise noted, the terms judge(s) and judicial

officer(s) are used interchangeably.

Local General Rule 2. Attorneys

2.1

Attorney admission to practice

(a)

Applicant eligibility - An attorney may apply for admission to the bar of the court

if they attorney:

(i)

has been admitted to practice before a court of record of a state or the

District of Columbia;

(ii)

is in good standing with that court of record of a state or the District of

Columbia;

(iii)

(b)

is of good moral and professional character.

Admission procedure - An applicant must pay the fee established by the court and

provide the clerk of court with a completed application for admission as found on

the court's website.

(c)

Government attorneys - An attorney representing the United States, an agency of

the United States, or representing a party as a Federal Public Defender, is exempt

from the fee payment, but must otherwise follow the admission procedure under

LGenR 2.1(b).

(d)

Admission - The Chief Judge may grant or deny the application for admission.

Alternatively, the Chief Judge may refer the application to at three-judge panel for

decision pursuant to the procedure identified on the court's website.

(e)

Law student practice - A law student may appear before the court pursuant to the

procedure established by this court and found on the court's website.

2.2

Permission to practice in a particular case

(a)

Pro hac vice admission - This court disfavors pro hac vice admission and prefers

that all lawyers appearing before it become full members of the bar of the court.

Judges retain discretion to allow pro hac vice admission on a temporary basis

pending full admission. Pro hac vice admission may nevertheless be allowed on a

temporary basis pending full admission, or in unusual circumstances.

(b)

Sanctions - Nothing in this rule detracts from the court's power to sanction

unprofessional conduct.

2.3

Attorney Discipline

(a)

Discipline Generally - Any attorney practicing before the court is subject to

discipline by the court upon a showing that the attorney is:

(i)

currently reprimanded, suspended or disbarred by any admitting or

licensing authority;

(b)

(ii)

convicted of a crime; or

(iii)

guilty of unprofessional conduct.

Discipline by admitting or licensing authority; Procedure

(i)

Attorney’s duty to notify - An attorney practicing before the court who is

publicly reprimanded, suspended or disbarred by any admitting or licensing

authority must inform the clerk in writing of the public reprimand,

suspension or disbarment, within ten (10) days after the effective date of

any such public reprimand, suspension, or disbarment.

(ii)

Automatic reciprocal discipline; Discretion to enhance discipline - Unless

otherwise ordered by the court, any such attorney who has been suspended

or disbarred by any admitting or licensing authority, whether by suspension,

revocation, or disbarment, shall automatically forfeit his or her right to

practice law before this court during the same period that such attorney has

been prohibited from practicing law by such other licensing authority, or,

under the court’s discretion, for a greater period of time. The clerk of court

shall send a written notice to the attorney, together with a copy of this

section of the Local Rules, informing the attorney of the forfeiture of his or

her right to practice law before this court. Any failure or delay with regard

to the sending of such notice shall not affect the automatic forfeiture

provisions of this section.

(iii)

Grounds for challenge - Within thirty (30) days after the effective date of

any suspension or disbarment by any admitting or licensing authority, the

attorney may file a written challenge to the reciprocal discipline imposed

under LGenR 2.3(b)(ii). To conclude that the entry of some other order is

appropriate, the Chief Judge, or by reference, a three-judge panel, must find

that the record underlying the attorney’s suspension or disbarment clearly

indicates that the:

(A)

the procedure was so lacking in notice or opportunity to be heard as

to constitute a deprivation of due process;

(B)

the proof establishing the misconduct was so infirm that the court

could not—consistent with its duty—accept the conclusion of the

admitting or licensing authority as final;

(C)

the court’s disqualification of the attorney would result in grave

injustice; or

(D)

the court concludes that the misconduct underlying the attorney’s

suspension or disbarment warrants substantially different discipline.

(iv)

Finality of the action of the admitting or licensing authority - Unless the

court determines that one of the grounds contained in LGenR 2.3(b)(iii)

exists, the admitting or licensing authority’s final adjudication of attorney

misconduct conclusively establishes the misconduct for purposes of this

court’s discipline.

(v)

Reinstatement - Upon reinstatement of an attorney by any admitting or

licensing authority, the attorney shall provide to the clerk of court written

notice from the admitting or licensing authority confirming the

reinstatement. The clerk of court shall transmit the confirmation to the Chief

Judge who shall determine whether the attorney may be reinstated to

practice before the court. Alternatively, the Chief Judge may refer the matter

to a three-judge panel for decision.

(c)

Criminal charges - Upon being charged with a crime, the attorney must inform the

clerk of court, in writing, of charges within ten (10) days of receiving notice of the

charges. Upon conviction of a crime, the attorney must immediately notify the clerk

of court, in writing, of the conviction and must, at that time, provide the clerk of

court with a complete copy of the criminal record, including charging documents

and all filings in the matter. The attorney is under a continuing duty to provide all

materials from the criminal case to the clerk of court when available. The clerk of

court shall transmit the information to the Chief Judge who shall determine whether

the attorney may practice before the court. Alternatively, the Chief Judge may refer

the matter to a three-judge panel for decision.

(d)

Discipline for unprofessional and improper conduct - If it appears to a jJudge of

this court that an attorney practicing before the court has violated the rules of

professional conduct or is guilty of other conduct unbecoming an officer of the

court, theany judge may: (1) for discipline other than suspension or disbarment,

order an attorney to show cause—within a specified time—why the court should

not discipline the attorney; or (2) refer the matter to the Chief Judge of the district

who shall determine whether the attorney should be disciplined or alternatively

refer the matter to a three-judge panel or 2) for discipline, except suspension or

disbarment, order an attorney to show cause—within a specified time—why the

court should not discipline the attorney. Upon the expiration of the period specified

or upon the attorney’s response to the show cause order, the court will enter an

appropriate order. In the case of entry of an order for discipline by a judge,Upon

the entry of an order for discipline, the attorney may seek review of that order from

the Chief Judge within twenty-one (21) days of the order for discipline. The Chief

Judge may decide that appeal or refer it to a three-judge panel for review. In the

case of entry of an order for discipline by a three-judge panel, the panel’s decision

is finalAlternatively, the Chief Judge may refer the matter to a three-judge panel for

decision.

(e)

Discipline for contempt - Disbarment from the court may be utilized as a sanction

for contempt of court under the procedures contained in Rule 42 of the Federal

Rules of Criminal Procedure. Nothing in this rule shall limit the court’s power to

punish contempt.

(f)

Resignation in other jurisdictions - If an attorney resigns from the bar of another

court of the United States while an investigation into allegations of misconduct is

pending, the attorney shall immediately be suspended from the court. The attorney

shall promptly inform the clerk of the resignation. An attorney knowingly violating

this notification provision may be charged with criminal contempt. The Chief Judge

shall enter an order suspending the attorney, effective as of the date of resignation

in the other jurisdiction. An attorney may apply to the Chief Judge for modification

or vacation of the suspension. The Chief Judge may modify or vacate the

suspension, or alternatively refer the matter to a three-judge panel.

2.4

Local counsel - If the law practice of an attorney practicing before the court is not located

within the district in proximity to the place where court is held, the court may—in its discretion—

require the attorney to designate local counsel. To require local counsel, the court must enter an

order articulating the reasons local counsel is required.

2.5

Appearance of counsel - Unless the court orders otherwise, an attorney admitted to this

court is deemed an attorney of record by:

(a)

appearing in court on behalf of a party;

(b)

filing an entry of appearance; or

(c)

signing a pleading, motion or other paper as attorney for a party.

The appearance of an attorney is deemed to be the appearance of the law firm. Any attorney in the

firm may be required by the court to conduct a court-ordered conference or trial. Withdrawal of

appearance may be accomplished only by leave of court.

Local General Rule 3. Bankruptcy

3.1

Bankruptcy

(a)

Referral of cases under Title 11 to bankruptcy judges - Pursuant to the powers

granted by 28 U.S.C. § 157(a), all cases under Title 11 and 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 subject to those appeal rights

afforded by 28 U.S.C. § 158 and Part VIII of the Federal Rules of Bankruptcy

Procedure. In those noncore related proceedings in which the parties timely object

to the entry of a final judgment or order by the bankruptcy judge, the bankruptcy

court shall file and serve proposed findings of fact and conclusions of law on all

dispositive matters. Objections shall be filed in accordance with Fed. R. Bankr. P.

9033. Upon submission by the bankruptcy court clerk to the district court clerk of

the proposed findings of fact and conclusions of law and all objections timely filed

thereto, the matter will be randomly assigned to a district judge who will conduct

all further proceedings and enter a dispositive order.

(c)

Jury trials - Pursuant to 28 U.S.C. § 157(e), the bankruptcy judges in this district

are specially designated to conduct jury trials with the express consent of all parties,

if the right to jury trial applies in any proceeding that may be heard by a bankruptcy

judge. All bankruptcy judges shall adhere to the Jury Selection and Service Act, 28

U.S.C. §§ 1861-1878, and this court's jury selection plan. Upon request, the district

court clerk shall supply a sufficient number of jurors for jury trials in the bankruptcy

court. Procedure in jury cases, including time and form of jury demand, waiver,

advisory juries and trial by consent shall be governed by local rule of the

bankruptcy court.

(d)

Local bankruptcy rules - Pursuant to Rule 83 of the Federal Rules of Civil

Procedure and Federal Rule of Bankruptcy Procedure 9029(a)(1), a majority of the

bankruptcy judges of this district are authorized to make rules of practice and

procedure consistent with the bankruptcy rules.

Local General Rule 4. Conduct in federal court facilities

4.1

Facility and environs

(a)

Security screening; definitions; requirements

(i)

As used in this rule, "federal court facility" includes any facility occupied

by the United States District Court or any temporary facility occupied by a

judge serving in the Western District of Michigan.

(ii)

All persons entering a federal court facility in the Western District of

Michigan are required to present a valid government issued identification

card with photo, pass through a security screening device, and have all

belongings and packages subject to physical and/or security screening

examination by the United States Marshals Service, court security officers,

and employees of the Federal Protective Service. Any person who refuses

to present a valid form of identification or pass through screening shall be

denied entrance.

(iii)

Consent to provisions - Any person bringing in an electronic

communication device as defined in LGenR 4.3(a)4.4(a) shall be

determined to have consented to the provisions of this rule.

(b)

Soliciting, loitering, and disruptive behavior

(i)

The solicitation of business relating to bail bonds or to employment as

counsel is prohibited.

(ii)

Loitering in or about federal court facilities is prohibited.

(iii)

Any behavior thatwhich impedes or disrupts the orderly conduct of the

business of the court is prohibited. Signs, placards, or banners may not be

brought into a federal court facility or its environs.

(c)

Recording of court proceedings

(i)

Except as specifically provided herein, the recording of any proceeding is

prohibited and no camera or recording device shall be permitted in a federal

court facility. This prohibition shall include any device or contrivance

capable of preserving or transmitting a visual image and any device or

contrivance capable of recording, transmitting, or preserving any audible

communication (except cell phones with camera features).

(ii)

The taking of photographs or video or audio recordings in connection with

any judicial proceeding and the recording or broadcasting of judicial

proceedings by radio, television or any other means is prohibited.

(A)

As used in this rule, "judicial proceeding" includes proceedings

before district, bankruptcy or magistrate judges, and sessions of the

grand jury.

(B)

As used in this rule, "in connection with any judicial proceeding"

includes all participants in a judicial proceeding while they are in a

courtroom or its environs.

(iii)

A judicial officer may authorize, by written notice to the United States

Marshals Service, the use of electronic or photographic means for the

presentation of evidence or for the perpetuation of the record.

(iv)

A judge may authorize, by written notice to the United States Marshals

Service:

(A)

the broadcasting, televising, recording, or photographing of

investiture, ceremonial, or naturalization proceedings; and

(B)

the radio or television broadcasting, audio or video recording or

photographing of court proceedings pursuant to a resolution of the

Judicial Conference of the United States.

(v)

By written notice to the U.S.United States Marshals Service, the General

Services Administration (GSA) property manager or his or her designee

maycan authorize an individual or contract group to possess a camera or

recording device for the purpose of maintaining or enhancing the facility, to

include repair and alterations.

4.2

Firearms and weapons

(a)

It is illegal to possess a firearm or other dangerous weapon in a federal court facility

with or without the intent to commit a crime (Title 18, U.S.C. § 930). Firearms,

knives, explosives, and other weapons are prohibited in federal court facilities and

subject to confiscation.

(b)

Exceptions to this rule include:

(i)

judicial officers, the United States Mmarshal, deputy marshals, court

security officers, and employees of the Federal Protective Service, as

governed by any applicable administrative order;

(ii)

federal law enforcement agencies having offices in a federal court facility

are exempt from the provisions regarding the carrying of weapons while

entering the building and while going to and from the floor where their

offices are located;

(iii)

employees of United States Probation and Pretrial Services who are

authorized by law and agency regulations to carry firearms in the

performance of their official duties may possess firearms in this facility to

the extent necessary to transport such firearms by the most direct route

available to and from their offices. In accordance with regulations of the

U.S.United States Probation and Pretrial Services, all firearms shall be

secured while present within their offices. The Chief U.S. United States

Probation Officer will notify the United States Marshals Service in writing

of all officers authorized to carry firearms on an annual basis. Employees

of the United States Probation and Pretrial Services are prohibited from

carrying firearms into courtrooms; and

(iv)

state, county, and local law enforcement officers who are:

(A)

escorting prisoners to and from court under the direction of the

United States Marshals Service, or

(B)

assisting the United States Marshals Service by supporting or

providing additional security, as directed, in and around federal

court facilities.

(c)

All other federal, state or local law enforcement officers are required to identify

themselves and store their weapons in weapons lock boxes maintained by the

United States Marshals Service. For security purposes, officers may be required to

be screened after securing their weapons.

(d)

The handling of firearms as exhibits in trials is governed by an administrative order

issued by the court.

(e)

An exception to this rule regarding weapons or firearms may only be made by the

Chief Judge or the judge in whose courtroom the proceedings are occurring.

4.3

Electronic communication devices

(a)

Definition - "Electronic communication devices" are defined as cellular telephones,

laptop computers, and other communication devices capable of transmitting data,

video or audio electronically using cellular, wireless, or other means.

(b)

General policy - Except as provided in LGenR 4.3(c) and court orders, electronic

communication devices are not permitted in federal court facilities.

(c)

Exempted persons - The following persons are permitted to carry and use electronic

communication devices within federal court facilities in the Western District of

Michigan:

(i)

Officers of the court - attorneys appearing in their official capacity as

officers of the court;

(i)(ii) Court contractors, including interpreters and court reporters;

(ii)(iii) Building tenants - employees and visiting employees of the federal court

facility;

(iii)(iv) Parties to litigation - parties, other than defendants in criminal cases, who

enter a federal court facility accompanied by their attorney, if their counsel

certifies to security staff that such devices are necessary to facilitate

litigation pending before the court;

(iv)(v) U.S.United States Marshals Service personnel - including court security

officers and contract guards;

(v)(vi) Other federal, state, local law enforcement - when appearing in their official

capacity;

(vi)(vii)

GSA approved contractors - by written notice to the U.S.United

States Marshals Service, the GSA property manager or his or her designee

may authorize an individual or contract group to possess an electronic

communication device for the purpose of maintaining or enhancing the

facility, to include repair and alterations;

(vii)(viii)

Jurors - grand jury members, petit jury members, and persons

appearing as directed pursuant to a jury summons;

(viii)(ix)

Judicial authority - upon request to the court, a judicial officer may

issue an order granting permission to an individual or group, otherwise not

authorized to possess an electronic communication device. The U.S.United

States Marshals Service shall be notified of such order;

(ix)(x) Members of the press - members of the press who present official

credentials satisfactory to the U.S.United States Marshals Service; and

(x)(xi) Federal credentialing clients - by written notice to the U.S.United States

Marshals Service, the GSA property manager or his or her designee may

authorize an individual, who is a newly-retained contractor or prospective

Federal Government employee, and who has not yet received his or her

credentials, to possess an electronic communication device to attend their

appointment in the GSA credentialing office.

(d)

Conditions for authorized use of electronic communication devices - Unless

express permission to the contrary is given by the presiding judicial officer, the

following conditions and restrictions apply to those individuals authorized to carry

an electronic communication device:

(i)

while in a courtroom, electronic communication devices shall be in the off

position at all times, unless the presiding judicial officer gives permission

for use of the device;

(ii)

the device may not be used and must be turned off except in designated

areas of the court facility;

(iii)

the device cannot be initiated, answered, examined, or manipulated (for text

messaging or otherwise) while in a courtroom;

(iv)

the device may be used for communication by non-building tenants only in

designated areas. Designated areas will be identified by each court facility

by administrative order, to be posted prominently in each facility and on the

court's website; and

(v)

the electronic communication device may not be used for purposes of taking

pictures or making any audio or video recording in violation of LGenR

4.1(c).

4.4

Facility conduct conditions

(a)

Enforcement - The United States Mmarshal, his or her deputies, and court security

officers may demand from any individual in possession of an electronic

communication device, to produce identification in aid of enforcement of this rule.

If the identification does not satisfy the officer that the person in possession of the

device is authorized in accordance with the terms of this rule, the officer may refuse

admittance to this person and/or confiscate the device.

(b)

Violations

(i)

Attorney discipline - An attorney violating this rule may be subject to

discipline, including disbarment, in accordance with LGenR 2.

(ii)

Confiscation - A violation of this rule, including without limitation,

unauthorized possession, use in an unauthorized space, possession of a

device in an audible mode, and failing to turn off a device when required,

shall result in immediate confiscation of the device. Any judicial officer

may order confiscation of a cellular telephone or wireless communications

device. Any United States Mmarshal or deputy marshal or court security

officer may also confiscate such a device. The U.S. United States Marshals

Service shall develop a procedure for handling and storing confiscated

devices.

(iii)

Contempt of court - A violation of this rule may be punished as criminal

contempt of court. A violation that disrupts a judicial proceeding may be

punished by summary proceedings.

(c)

Relief from confiscation of a device - An individual whose device has been

confiscated may apply in writing no more than fourteen (14) days after confiscation

for its return. The application shall be made to the judicial officer whose

proceedings were disturbed by the violation, or, if there is no such judicial officer,

to the Chief Judge. The judicial officer may grant or refuse the request. Confiscated

devices that are not returned shall be disposed of in a manner directed by the Chief

Judge. Nothing in this paragraph shall prohibit the judicial officer or his or her

designee to return a device after the conclusion of a court matter.

Local General Rule 5. Failure to Provide Notification of Change of Address

5.1

Any attorney and any unrepresented party must keep his or her contact information—

consisting of his or her address, e-mail address, and telephone number—updated with the Court.

If there is a change in the contact information, that person must promptly file and serve a notice

with the new contact information. Failure to promptly file current contact information may subject

that person or party to appropriate sanctions, which may include dismissal, default judgment, and

costs.

Local Civil Rules

I. SCOPE OF RULES; FORM OF ACTION

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 LCivR 1.3 and Rule 83

of the Federal Rules of Civil Procedure.

1.2

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

________."

1.3

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. These rules include amendments

through January 1, 2019[insert 2026 date].

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 clerk on the court’s website or 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 clerk shall be interpreted to mean the clerk of this court 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. Unless otherwise noted, the terms judge(s) and judicial

officer(s) are used interchangeably.

II. COMMENCING AN ACTION; SERVICE OF PROCESS; PLEADINGS,

MOTIONS, AND ORDERS

Local Civil Rule 3. Commencing an 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 clerk 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)

3.3.1

the division in which the case is filed.

Assignment of cases to district judges

(a)

Method - Each civil action (except Social Security, Prisoner Civil Rights, and State

Habeas 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, Prisoner Civil Rights, and State Habeas

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 clerk shall assign the case

a sequential case number and assign the case to a judge in accordance with 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 clerk shall assign new cases to judges at random, in the proportions

established from time to time by administrative order. The clerk shall ensure that

the name of the assigned judge appears on all paper filed documents and the

electronic filing systemmark or the electronic filing system shall identify the name

of the assigned judge on the first document of the case. The clerk shall 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 toof a pending suit, or (3) involves

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

earlier numbered case. “Same transaction or occurrence” is to be

construed narrowly; it should generally be based on a substantial

common nucleus of facts between the respective cases.

(B)

Determination - When it appears to the clerk that two or more cases

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

designated under 28 U.S.C. § 636(b)(1)(A) to assist in the earliestfiled case to determine whether or not the cases are related. If

related, the cases will be assigned to the same district judge and the

same magistrate judge. If cases are found to be related cases after

assignment to different district judges, the Chief Judge may reassign

the cases to the district judge assigned to the earliest-filed case, with

the consent of both the transferor and transferee judge.they may be

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

earliest filed. Cases reassigned under this rule shall be assigned to

the magistrate judge assigned to the earliest-filed case.

(e)

Miscellaneous docket - The miscellaneous docket of the court 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 court and not to grant any right to any litigant.

(g)

Duty of parties - All parties shall notify the court 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 court and shall require the consent of all

parties and of both the transferor and transferee judge.

(b)

Reassignment to promote judicial economy - The court 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. If applicable, cases reassigned

under this rule shall be assigned to the magistrate judge assigned to the earliestfiled case.

(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. Cases reassigned under this rule shall be assigned to

the magistrate judge assigned to the earliest-filed case.

3.4

In forma pauperis proceedings

(a)

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

pauperis in this court 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 their prisoner

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; and (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 clerk to the assigned 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 by certified check.

Local Civil Rule 5. Serving and filing pleadings and other papers

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 under LCivR 5.7(d)(i) and 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 court. Only a proof of service shall be filed with the court. 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 court.

(c)

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

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

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

clerk with the motion or response.

5.4

Place of filing - Paper pleadings and other papers that may not be filed electronically under

LCivR 5.7(d)(ii) may be filed with the clerk at any divisional office during walk-in business hours.

If a hearing is scheduled, it is incumbent upon the party to einsure that the presiding judge receives

a copy of the pleadings or other papers on the day they are received by the clerk, or in no event

later than three (3) business days prior to the hearing.

5.55.2 Rejection of filings - The court may order the 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 court. The clerk shall return any rejected filing to the

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

5.65.3 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 court. The clerk shall make such forms available to prisoners desiring to file

such actions.

(b)

In pro per petitions -– In all proceedings brought in propria persona or in forma

pauperis, if the court determines that a complaint or petition should be served on

one or more opposing parties, the court may specifically order the filing party to

provide additional copies to the clerk for this purpose. Unless specifically ordered

to do so, a filing party should not submit additional copies of their complaint or

petition for this purpose.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).

5.75.4 Filing and service by electronic means

(a)

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

Civil Procedure, the clerk 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 court for cause or (2) the

document is not eligible for electronic filing under this rule.

As used in these rules, the term:

•

"ECF system" means the electronic case filing system maintained by

this court;

•

"registered attorney" means an attorney who is authorized pursuant to

LCivR 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;

•

"paper filed document" means a pleading or other paper submitted to

the clerk in paper form for filing;

•

"NEF" means the Notice of Electronic Filing generated by the ECF

system;

•

"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).

(b)

Mandatory registration; Attorney resources

(i)

Every attorney practicing in this court 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 district, be a member in good standing, and have

filed with the clerk a completed ECF attorney registration form.

Detailed registration information is available on the court’s website

(www.miwd.uscourts.gov). 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

(iii)

The court will provide on its website references and instructions on the use

of the ECF system. Law firms are encouraged to have individuals

responsible for electronic filing (attorney, paralegal or automation

specialist) make use of the materials available on the website. The ECF Help

Desk is available during business hours to assist via phone at (616) 4562206 or (800) 290-2742, or via e-mail at ecfhelp@miwd.uscourts.gov.

(c)

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

in civil cases electronically, unless the pleading is ineligible forexempt from

electronic filing under LCivR 5.7(d)(ii), 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) on paper.

(d)

Electronic filing

(i)

Mandatory electronic filing - All attorneys must file all pleadings and other

papers permitted by the federal rules and the local rules of this court

electronically in all civil cases, subject to the exceptions set forth below. All

electronically filed documents must be in PDF format and submitted in

accordance with the instructions set forth 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)

documents 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 clerk on the court’s

website);

(B)

documents 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;

(C)

papers filed in cases that have been sealed in their entirety, except

as authorized under LCivR 10.7; and

(D)

garnishee disclosures and other documents submitted by

unrepresented third parties in response to writs or other court

process.

(iii)

Electronic filing of affidavits and other original documents - The following

documents must be filed electronically by submission of a scanned PDF

version of the original document:

(A)

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

not apply to affidavits of service);

(B)

declarations under penalty of perjury; and

(C)

certified copies of judgments or orders of other courts.

The electronically filed version of such documents must bear a scanned

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

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

signature.

(iv)

Deadlines - An electronically filed document is deemed filed upon

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

NEF. In situations where LCivR 5.7(d)(iiivii) 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 attachments are filed and served within seventy-two (72) hours

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

received completely by the clerk’s office) prior to midnight, Eastern Time,

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

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

completed by that time.

(v)

Technical failures - The clerk shall deem the court’s website 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

(616)

456-2206

(800)

290-2742,

via

e-mail

ecfhelp@miwd.uscourts.gov.

(vi)

Official record; discarding of 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 is the electronic file

maintained on the court’s ECF system. The clerk's office will discard all

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

(A)

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

the court’s website. No PDF document exceeding 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 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

on paper only if it is ineligible forexempt from electronic filing

under LCivR 5.7(d)(ii).

(B)

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

other paper already on file with the court, but shall refer to that

document by the ECF No. identified thereon, found in the document

header displayed at the top of the electronically filed document. All

exhibits and attachments must contain on their face a prominent

exhibit number or letter as set forth in LCivR 10.8. If one or more

attachments or exhibits to an electronically filed document are not

being submitted electronically under this rule, the electronically

filed document must contain a notice of that fact in its text.

(B)(C) Digital media – Attorneys must submit all digital media (e.g., audio

or video files) via CM/ECF pursuant to the procedure on the court’s

website (pro se or unrepresented parties may utilize a portable

storage device (e.g., disc, flash drive)). The Court will not accept

physical storage devices from registered attorneys.

(e)

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 Rule 11 and for all

other purposes under the Federal Rules of Civil Procedure and the local

rules of this court. 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 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 assigned login name and

password shall be deemed the filing of a signed and 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 deputy clerks - The electronic filing of any document by

the clerk or a deputy clerk of this court, of the bankruptcy court of this

district, or of any circuit court of appeals by use of that individual’s login

and password shall be deemed the filing of a signed original document for

all purposes.

(vi)

U.S. United States Marshals Service - The U.S.United States Marshals

Service for this district is authorized to file and serve documents

electronically. The electronic filing of any document by 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 court - If the court has appointed a special master, monitor,

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

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 original signature - Filers of documents containing signatures

authorized by LCivR 5.7(e)(ii) (multiple attorney signatures) must maintain

any records evidencing concurrence, and filers of documents containing

signatures authorized by LCivR 5.7(d)(iii) (electronically filed affidavits,

etc.) must maintain the documents bearing the original manual signature for

subsequent production to the court 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 court grants

leave to file the document, the clerk will electronically file the document without

further action by the attorney. Requests to file documents under seal are governed

by LCivR 10.67.

(g)

Proposed orders - Proposed orders mustmay 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. Do not include the word proposed in the caption or title

of the proposed order. Proposed orders must also be submitted in Word format via

CM/ECF pursuant to the procedure on the Court’s website (pro se litigants are

exempt from this requirement). If the judge 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 court or authorized court personnel. Any 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 clerk

may electronically affix the seal of the court 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 must

be made by one of the methods allowed by Rule 4 of the Federal Rules of

Civil Procedure.

(ii)

Service on attorneys and pro se parties approved for electronic

filingregistered attorneys - By registering under this rule, -Aan attorney and

a pro se party approved for electronic filing automatically consents to

electronic service by both the court and any opposing attorney or approved

party of any electronically filed document in any civil action in which the

registered attorney or approved party appears. Consequently, service of an

electronically filed document upon an registered attorney or approved party

is deemed complete upon the transmission of an NEF to that attorney under

LCivR 5.7(i)(iv) and no separate certificate of service should be filed. With

the exception of the court, pPaper filed documents, restricted access

documents, and sealed documents must be served on registered attorneys

and approved parties by nonelectronic means of service, and. A 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 clerk on the court’s website, 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 court’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 court’s datestamp and proof of filing. Except in the case of sealed documents (see

LCivR 10.6(d)), restricted access documents and ex parte filings (see

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 or registered pro se party. Only service of the NEF by the court’s

system constitutes electronic service; transmission of a document by one

party to another by regular e-mail does not constitute service.

(j)

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

any party to the litigation,Any person may access and download any electronically

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

filed in Social Security and immigration cases is restricted as required by Rule

5.2(c) of the Federal Rules of Civil Procedure; (2) access to certain documents may

be restricted to the court or to the parties of record, by order or local rule; and

(3) the court may restrict access to other classes of documents in conformity with

resolutions of the Judicial Conference of the United States.

(k)

FacsimileOther transmissions - The clerk will not accept for filing any pleading or

other paper submitted by alternative means (e.g., e-mail, 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. Motions and bBriefs

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). Absent leave of

court, the number of pages of exhibits and attachments that may be filed in support

of a motion is limited to either 1) two hundred (200) pages per party, or

alternatively, 2) five hundred (500) pages, provided the parties meet and confer and

jointly file the agreed upon exhibits and attachments. If leave of court is granted to

exceed the page limits established for attachments, the parties will be permitted to

file the record they deem appropriate with a joint appendix. The joint appendix shall

identify the documents attached and identify the specific documents or portion

thereof, that the parties believe the court should review.

(c)

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

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

without prior notice or motion.

(d)

Concurrence

(i)

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

party shall ascertain whether the motion will be opposed.

(ii)

Nondispositive motions

(A)

In the case of all nondispositive motions, counsel or nonincarcerated

pro se parties involved in the dispute shall confer in a good-faith

effort to resolve the dispute. To accomplish this, the movant must

confer with the other parties and persons entitled to be heard on the

motion in a manner that reasonably explains the basis for the motion

and allows for an interactive process aimed at reaching agreement

on the matter or those aspects of the matter that can be resolved

without court intervention. The conference must be held sufficiently

in advance of filing the motion to allow the opportunity for

meaningful discussion.

(B)

If court intervention remains necessary, the nondispositive motion

shall be accompanied by a separately filed Ccertificate Regarding

Motion Concurrence specifying the date, time, and duration of the

conference; the participants in the conference; and a description of

the issues addressed during the conference.

(C)

In cases involving an incarcerated pro se party, the movant shall

make reasonable efforts to comply with the provisions of this rule,

and the motion shall be accompanied by a separately filed certificate

specifying the efforts to confer with the incarcerated party.

(iii)

Sanctions - The Court may impose sanctions for unreasonabley withholding

of concurrence and for violating this rule, which may include taxing costs

and attorney’s fees, denying the motion, and striking the filing.

(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)

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

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

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.

7.2

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, and

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 nondispositive motions.

(b)

Briefs

(i)

Length - Briefs filed in support of or in opposition to a dispositive motion

that are produced on a computer shall not exceed ten thousand eight hundred

(10,800) words, to includeincluding 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, and affidavits, and other addenda. Any such

brief that is hand-written or produced on a typewriter shall not exceed

twenty-five (25) pages in length, similarlysimilarly, including and

excluding items previously identified.

(ii)

Certificate of compliance - The brief must be accompanied by a Ccertificate

of Ccompliance Regarding Word Count, 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. It shall consist of a printed copy of the document after

filing (with the header), and an NEF must be attached to the front of the

paper. 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 twenty-four (24) hours of filing the original.

(c)

Briefing schedule - Unless otherwise ordered, any 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 four thousand three hundred (4,300)

words, to includeincluding 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, and

affidavits, and other addenda. Any reply brief that is hand-written or produced on a

typewriter may not exceed ten (10) pages. The court 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

court may schedule oral argument or may dispose of athe motion without argument.

7.3

Nondispositive motions

(a)

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

7.2(a).

(b)

Briefs

(i)

Length - Briefs filed in support of or in opposition to a nondispositive

motion that are produced on a computer shall not exceed four thousand three

hundred (4,300) words, to includeincluding 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.

(ii)

Certificate of compliance - Briefs in support or in opposition to

nondispositive motions exceeding one thousand (1,000) words shall be

accompanied by a Ccertificate of Ccompliance Regarding Word Count,

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.

(c)

Briefing schedule - Unless otherwise ordered, any 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

court may schedule oral argument or may dispose of the motion without argument.

7.4

Motions for reconsideration

(a)

Grounds - Generally, and without restricting the discretion of the court, motions for

reconsideration thatwhich merely present the same issues ruled upon by the court

shall not be granted. The movant shall not only demonstrate a palpable defect by

which the court 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 answerresponse to a motion for

reconsideration will be allowed unless requested by the court, 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

court.

Local Civil Rule 8. General rules of pleading

8.1

Complaints in Social Security cases - 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) a statement that the action is brought under 42

U.S.C. § 405(g); (2) the identification of the final decision to be reviewed, including any

identifying designation provided by the CommisionerCommissioner with the final decision; (3)

the name, as well as the county of residence, of the person for whom benefits are claimed; (4) 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; (5) in cases involving supplemental security income

benefits, the social security number of the plaintiff; and (6) the type of benefits claimed.

(a)

Electronic service - The Clerk of Court shall, within seven days of the filing of the

complaint, notify the Commissioner of the commencement of the action by

transmitting a Notice of Electronic Filing to the appropriate office within the Social

Security Administration's Office of General Counsel and the United States Attorney

for the district where the action is filed.

(b)

Other service - If the complaint was not filed electronically, the cClerk of cCourt

shall, within seven days of the filing of the complaint, notify the plaintiff of the

transmission.

(c)

Service of summons and complaint - The plaintiff need not serve a summons and

complaint under Federal Rules of Civil Procedure 4.

8.2

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

brought by a pro se plaintiff, a responsive pleading under 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 notification of the

commencement of the action to file and serve upon plaintiff a certified copy of the administrative

record of the proceedings, which shall constitute defendant’s answer, or otherwise move against

the complaint. No separate answer need be filed. Unless the court sets a different time, service

ofservicing a motion under Federal Rules of Civil Procedure 12 alters the time to answer as

provided by Federal Rules of Civil Procedure 12(a)(4).

8.4

Presenting an action for decision - An action under § 405 is presented for decision by the

parties' briefs. A brief must support assertions of fact by citations to particular parts of the record

by PageID, in accordance with LCivR 10.9.

(a)

Plaintiff's brief - The plaintiff shall file and serve on the Commissioner a brief for

the requested relief within thirty (30) days after the answer is filed or thirty (30)

days after entry of an order disposing of the last remaining motion filed under

Federal Rules of Civil Procedure 12, whichever is later.

(b)

Commissioner's brief - the Commissioner shall file a brief and serve it on the

plaintiff within thirty (30) days after service of the plaintiff's brief.

(c)

Reply brief - The plaintiff may file a reply brief and serve it on the Commissioner

within fourteen (14) days after service of the Commissioner's brief.

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

10.1

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 twelve (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 presented book style, in a binder, unless otherwise

specified in a particular judge’s judicial guidelines. Paper clips and other types of clips shall not

be used; fasteners shall pass through the pages.

10.3

Date and contact information - All pleadings and other papers shall contain the date of

signing and the address, telephone number and e-mail address of the signing attorney or pro se

party.

10.4

Number of copies - All paper filed documents must contain an original manuscript

signature.be filed in duplicate -- the original and one copy. If service of any paper is to be made

by the United States marshal, 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,

sufficient copies for this purpose and 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 clerk 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

using 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 court specifically orders otherwise,

Electronic access to ex parte documents will be available only to the party

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

personnel of this court and the court of appeals, but not to the public or any other

party.

(c)

Filings by the court - The court may issue restricted access orders in response to ex

parte filings. The docket entry and the NEF for any restricted access order will be

identified as such and available for public viewing. Electronic aAccess to these

orders will be restricted to the moving party, the authorized personnel of this court

and the court of appeals, but not to the public or any party. The clerk shall provide

a copy of the order to the moving party via secured electronic communication and

will make an informational public docket entry on the CM/ECF system confirming

the service of the documentThe docket entry and the NEF for any restricted access

order will be identified as such and available for public viewing.

(d)

Sealed cases - 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 court orders otherwise.

10.6

Sealed or restricted access documents (“Limited Access Documents”)

(a)

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

judicial files in civil cases, the filing of a Limited Access Ddocuments (LAD) under

seal should be the exception. LADsSealing is are to be limited to information that

is truly proprietary or confidential. The court strongly resists such filings 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 as

an LAD under seal, parties should incorporate the confidential material in a separate

document and seek leave to file only that document as an LADunder seal. Parties

should also use redactions to avoid the need to seek leave to file an LAD if the

redacted information is not relevant to the issue(s) pending before the court.

(b)

MotionsRequests to authorize filing an LADseal - The procedures set forth in this

rule apply to cases that have not been sealed in their entirety. Documents may be

submitted for filing as an LADunder seal only if authorized by statute or by the

court for good cause shown. A partyperson seeking leave to file a document as an

LADunder seal must file a motion requesting such relief, unless the court has

entered a previous order that authorizes such a filingauthorizing the submission of

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

motion seeking leave to file an LADunder 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 party seeking to file a document as an

LAD on the basis that the producing party has designated the document as covered

by a protective order, unless the protective order authorizes the sealing of the

document, must first confer with the producing party to determine whether such a

filing is necessary. If so, the moving party must include in the motion a statement

of good cause provided by the producing party. A proposed LADsealed document

submitted by a registered attorney must be submitted electronically as an LAD

under seal as a separate document, under a separate docket entry, by usinguse of

the appropriate CM/ECF event. The docket entry and the NEF for any LADsealed

document will be available for public viewing; the description of the LADsealed

document should therefore be general in nature (e.g., sealed affidavit or restricted

access, sealed exhibit). The proposed LADsealed document shall be appropriately

identified as suchon its face as sealed, but should not contain the word "proposed."

Proposed LADssealed documents submitted by partiespersons other than registered

attorneys must be filed in paper with the clerk of court 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 LADsealed document will

be scanned and maintained electronically as an LADunder seal. If the court denies

the motion for filing an LADto seal in whole or in part, the proposed LAD sealed

document will remain as suchsealed, but the court may order the submitting party

to tender a redacted modified document, for public filing, or otherwise proceed to

ensure that the public record includes, to the maximum extent possible, the basis

for the Court’s decision on any contested issue either sealed or not under seal, as

the court directs. If the court grants leave to file the document as an LADunder seal,

the clerk of court will modify the docket entry to remove reference to "proposed."

(c)

Access to LADssealed documents - LADsA document filed under seal may be

accessed electronically only by authorized personnel of this court and the court of

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

under LCivR 10.7.

(d)

Service of LADssealed documents - A party submitting an LAD document under

seal must serve it by non-electronic means of service on all other parties and file a

proof of service.

10.7

Sealed cases - 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 LCivR 10.7(b) 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 grand jury 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 record

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. The PageID clearly, uniquely, and permanently

identifies each page of the court record. In the case of documents in which no PageID is available,

the page number of the document should be used for purposes of citation to the record. Otherwise,

aAny reference by an registered attorney to a portionpage of the record that has beenin 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 court may order that an early scheduling conference be

held before a judge either in open court, in chambers, or at the discretion of the court, by telephone,

video conference, or other remote means. Following this conference, the court 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.

16.2

Alternative Dispute Resolution: General provisions

(a)

ADR favored - The judges of this district favor alternative dispute resolution (ADR)

methods in those cases where the parties and the court 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); and Settlement Conferences (LCivR 16.6). In addition,

the court will consider other ADR methods proposed by the parties (e.g., Summary

Trials).

(b)

Court administration of the ADR program

(i)

Program description and administration - Each ADR program is governed

by these rules and the provisions of a program description, which is

incorporated into these rules by reference. The program description for each

ADR method is available on the court’s website and is published in a form

suitable for reference by attorneys and their clients. The ADR program is

administered by the clerk’s office. Problems are initially handled by the

ADR Administrator.

(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 Federal. Rules. of Evidence. 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 judge 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 court.

(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

satisfy all special requirements applicable to a particular ADR program as identified

in the program description available on the court’s website.

(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 court 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 court

for an order directing payment, and any 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 court may request that the neutral serve pro bono, by waiving or

reducing the fee for all participating parties equally.

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.

(b)

Program description - Procedures and other details regarding the VFM process are

governed by the program description, available on the court’s website.

16.4

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 - Procedures and other details regarding the ENE process are

governed by the program description, available on the court’s website.

16.5

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 threemember panel of attorneys. The court 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 voluntary facilitative

mediation.

(b)

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.

16.6

Settlement conferences - The court may order a settlement conference to be held before a

district judge, a magistrate judge, or a bankruptcy 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 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 under

LCivR 3.3.2(b).

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 settlement - Whenever a case is settled or otherwise disposed out of court, counsel

for all parties shall assure that immediate notice is given to the court. This shall be accomplished

by both calling the court and e-filing a notice of settlement, unless otherwise specified in the

judge’s judicial guidelines posted on the court’s website. Should a failure to provide immediate

notice result in having jurors unnecessarily report for service in connection with the case, the court

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 court.

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, the

presiding judge may enter an order of dismissal with or without prejudice, with or without costs.

Failure of a plaintiff to keep the court apprised of a current address shall be grounds for dismissal

for want of prosecution.

Local Civil Rule 45. Service of subpoenas

45.1

Unless otherwise ordered, all subpoenas to be served by the United States Marshals Service

shall allow a minimum of fourteen (14) days prior to the required appearance. A pro se party bears

sole responsibility for ensuring that subpoenas are prepared and timely delivered to the United

States Marshals, each subpoena of which must include the witness’s full name and a complete and

accurate street address for service (not a post office box). All subpoenas must comply with Rule

45 of the Federal Rules of Civil Procedure and LCivR 4.1 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)

Juror questionnaires will be distributed by the clerk’s office via secured electronic

communication to counsel of record three (3) business days before trial. Electronic

access will be protected by password set to expire automatically once jury selection

beginsAll copies of juror questionnaires must be destroyed or returned to the court

upon completion of jury selection, or at any earlier time determined by the court.

(c)

Paper copies of additional juror questionnaires collected before trial will be

distributed to counsel on selection day. The court will also 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.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 court, and may not reproduce the juror questionnaires in any

form, or distribute them to anyone.

(d)

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

court and may not reproduce the juror questionnaires in any form or distribute them

to anyone.

At the completion of jury selection, all paper copies of juror

questionnaires will be collected for destruction by the court.Juror questionnaires

will be electronically filed under restricted access three (3) business days before

trial. Electronic access will be available to the court and counsel of record only. The

court 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.

(e)

Documents containing the name or signature of a juror shall be filed under restricted

access. Electronic access will be available to the court and counsel of record only.

Such restricted access documents may include but are not limited to a jury verdict

or juror notes and attachments thereto. A duplicate jury verdict or juror notes, with

the name and signature of the juror redacted, will be electronically filed and

available to the public.

VII. JUDGMENT

Local Civil Rule 54. Costs and Attorney's Fees

54.1

Taxation of costs - If the parties in a case can agree on costs, it is not necessary to file a

cost bill with the clerk. If the parties cannot agree, a bill of costs shall be filed with the clerk 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 fees in certain Social Security cases

(a)

Scope of rule - 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 disability claims) or

42 U.S.C. § 1383(d)(2)(A) (supplemental security income claims), which allow an

attorney to obtain fees from the client’s award of past-due benefits for work

performed in the district court. 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 district court. 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 motion - The 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 thirtyfive (35) days after the date shown on the face of the notice of award issued

by the Social Security Administration.

(ii)

Requirements for motion - The motion must be accompanied by a

supporting brief and all necessary documentation. The motion must state

the following:

(A)

the past due benefits;

(B)

the total dollar amount withheld by the Commissioner out of the past

due benefits to cover a potential award of attorneys fees in this court;

(C)

the 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;

(D)

whether 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);

(E)

the dollar amount of fees sought pursuant to 42 U.S.C. § 406(b);

(F)

the 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);

(G)

an itemization of the services provided in judicial proceedings,

specifying the hours worked, the work performed, and the attorney’s

hourly billing rate;

(H)

an argument establishing that the fees sought are authorized under

any applicable fee agreement, are reasonable; and

(I)

in addition to complying with the requirements of 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.

(iii)

The fee motion must be accompanied by:

(A)

legible copies of all of the notices of award showing the amount of

past due benefits and the amount(s) withheld by the Commissioner

under 42 U.S.C. §§ 406, 1383;

(B)

a copy of any fee agreement entered into between the plaintiff and

the attorney; and

(C)

a certificate of service that the attorney’s fee motion and attachments

have been served on the U.S.United States 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.

VIII. PROVISIONAL AND FINAL REMEDIES

Local Civil Rule 65. Bonds and sureties

65.1

In all civil actions the clerk 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 clerk 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 court 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 clerk to make investment of funds in an interest

bearing account shall not be effective until such order is personally served on the clerk.

67.2

Payment of judgment - Except with respect to litigation in which the United States is a

party, the clerk will not, unless authorized by order of the court, accept payment of judgments.

Upon receipt of payment of a judgment, however, the party shall file with the clerk an

acknowledgment of payment.

IX. SPECIAL PROCEEDINGS

Local Civil Rule 72. Authority of magistrate judges

72.1

Authority, generally - The 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 court 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 LCivR

72.1(c).

(c)

Recommendations regarding case dispositive motions - 28 U.S.C. § 636(b)(1)(B) (i)

A magistrate judge may submit to a district judge 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.

(ii)

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.

(d)

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. Except for cases in

which the parties have consented to magistrate judge jurisdiction, a 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. Except for cases in

which the parties have consented to magistrate judge jurisdiction, aAny order

disposing of athe petition may only be made by a district judge.

(f)

Other duties - A magistrate judge is also authorized to 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, Tthe magistrate judge assigned to any case may hear and determine

any nondispositive pretrial matters in that case pursuant to the referral of the district judgewithout

any further order of reference.

(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 court shall be made in accordance with orders of the court or by special

designation of the Chief Judge.

(b)

Habeas corpus and prisoner civil rights cases - At the time of filing any habeas

corpus or prisoner civil rights case, the clerk 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 court. 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.

72.3

Review and appeal of magistrate judge 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 different

time is prescribed by the magistrate judge or 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 court 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 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 is required to , 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 remandrecommit 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 - 28 U.S.C. § 636(c) - Upon the consent of all

parties, and the approval of the assigned district judge, 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).

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.

73.3

Notice - The clerk 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.

73.4

Execution of consent - The clerk 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, 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 consenting to a

magistrate judge.

73.5

Reference - After the consent form has been executed and filed, the clerk shall transmit it

to the district judge to whom the case has been assigned for approval and transferreferral 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 clerk to enter a final judgment.

X. DISTRICT COURTS AND CLERKS: CONDUCTING BUSINESS; ISSUING

ORDERS

Local Civil Rule 77. District courts and clerks; issuance of process

77.1

Time and place of holding court - The court shall be deemed to be in continuous session

for transacting judicial business 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 office - The court 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) summons; (b) warrants of seizure and monition; (c)

subpoenas to witnesses; (d) certificates of judgment; (e) writs of execution; (f) orders of sale; and

(g) all process in garnishment or other aid in execution. The party where necessary shall present

the process to the clerk for signature and sealing. The clerk shall make official forms of process

available to attorneys admitted to practice in this court, or their agents or employees.

XI. GENERAL PROVISIONS

Local Civil Rule 83. Miscellaneous

83.1

Certification of issues to state courts - Upon motion or after a hearing ordered by the judge

sua sponte, the court may certify an issue for decision to the highest court of the state whose law

governs any issue, claim or defense in the case. An order of certification shall be accompanied by

written findings that: (a) the issue certified is an unsettled issue of state law; (b) the issue certified

will likely affect the outcome of the federal suit; and (c) certification of the issue will not cause

undue delay or prejudice. The order shall also include citation to authority authorizing the state

court involved to resolve certified questions. In all such cases, the order of certification shall stay

federal proceedings for a fixed time, which shall be subsequently enlarged only upon a showing

that such additional time is required to obtain a state court decision. In cases certified to the

Michigan Supreme Court, in addition to the findings required by this rule, the court must approve

a statement of facts to be transmitted to the Michigan Supreme Court by the parties as an appendix

to briefs filed therein.

83.2

Payment to court reporters and transcribers - All parties ordering a transcript must pay in

advance by cash or certified check unless the court reporter/transcriber agrees to other

arrangements.

Local Criminal Rules

I. APPLICABILITY

Local Criminal Rule 1. Authority; scope; construction

1.1

Authority - These rules are promulgated pursuant to 28 U.S.C. § 2071 and Rule 57 of the

Federal Rules of Criminal Procedure. Amendment of these rules is governed by LCrR 1.3 and Rule

57 of the Federal Rules of Criminal Procedure.

1.2

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

________."

1.3

Amendments - These rules may be amended by a majority vote of the district judges in

conformity with Rule 57 of the Federal Rules of Criminal Procedure. These rules include

amendments through January 1, 2019[insert 2026].

1.4

Applicability - These rules apply to all criminal 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 clerk on the court’s website or made available upon

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

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 clerk shall be interpreted to mean the clerk of this court 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. Unless otherwise noted, the terms judge(s) and judicial

officer(s) are used interchangeably.

II. [THIS SECTION INTENTIONALLY LEFT BLANK]

III. THE GRAND JURY, THE INDICTMENT, AND THE INFORMATION

Local Criminal Rule 6. Grand juries

6.1

All grand juries are under the direct supervision of the court. They shall convene at such

times and dates as ordered by the Chief Judge.

IV. ARRAIGNMENT AND PREPARATION FOR TRIAL

Local Criminal Rule 10. Arraignment

10.1

Whenever the U.S.United States Aattorney wishes to have a defendant appear for

arraignment pursuant to a summonsor change of plea, a date should be obtained from the chambers

of the duty magistrate judge presiding over the matter. The U.S.United States Aattorney's office is

responsible for notifying all necessary parties of the date and time for the proceeding, to include

the marshal, the person responsible for issuing a writ, if needed, the probation office, the defendant

and/or defendant's attorney.

Local Criminal Rule 11. Guilty pleas

11.1

Taking of guilty pleas in felony prosecutions; magistrate judge consent - With the consent

of the district judge to whom the case is assigned, a magistrate judge may preside over the taking

of guilty pleas in felony matters pursuant to Rule 11 of the Federal Rules of Criminal Procedure

in the circumstances below.

(a)

The magistrate judge shall explain to the defendant that he or she has the right to

have all proceedings, including the plea hearing, conducted by a district judge. The

magistrate judge shall not proceed unless the defendant, defendant's attorney, and

the attorney for the government all consent in writing and on the record to allow

the magistrate judge to preside over the guilty plea proceedings.

(b)

If the parties consent to allow the magistrate judge to preside over the guilty plea

proceeding, the magistrate judge shall conduct guilty plea proceedings, personally

and in open court, following the procedures set forth in Rule 11 of the Federal Rules

of Criminal Procedure. The magistrate judge shall set forth on the record findings

concerning the knowing and voluntary nature of the guilty plea, the adequacy of

the factual basis for the plea, and any other relevant matter. If satisfied that all

requirements of law have been met, the magistrate judge shall recommend to the

district judge that the plea be accepted and order the preparation of a presentence

investigation report. The magistrate judge shall inquire concerning the existence of

a plea agreement but shall not accept or reject any such agreement, but shall

specifically reserve acceptance of the plea agreement to the district judge.

11.2

Judicial preference - Parties shall reference the court’s scheduling order or judicial

guidelines available on the court’s website to ascertain the time and manner in which the court will

consider the taking of a guilty plea.

Local Criminal Rule 12. Motion practice

12.1

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

accompanied by a supporting brief, in compliance with the requirements set forth in LCrR 47. 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 LCrR 49.11. Motions and briefs shall not be submitted in the form of a

letter to the judge.

12.2

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 LCrR 49.10(d)(vii)(B).

12.3

Modification of limits - In its discretion, the court may in a particular case shorten or

enlarge any time, word count, or page limit established by these rules, with or without prior notice

or motion.

12.4

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 nondispositive motions,

counsel or pro se parties involved in the dispute shall confer in a good-faith effort to resolve the

dispute. All nondispositive motions shall be accompanied by a separately filed Ccertificate

Regarding Motion Concurrence setting forth in detail the efforts of the moving party to comply

with the obligation created by this rule.

12.5

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.

12.6

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 duty 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 district judge. After disposition of this emergency matter, the case

will be returned to the originally assigned district judge.

Local Criminal Rule 17. Service of subpoenas

17.1

Unless otherwise ordered, aAll subpoenas to be served by the United States Marshals

Service shall allow a minimum of fourteen (14) days prior to the required appearance. 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 by certified check.

V. VENUE

Local Criminal Rule 18. Assignment of cases

18.1

All cases shall be assigned to the division in which the offense is alleged to have been

committed.

VI. TRIAL

Local Criminal Rule 23.Trial date

23.1

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 under

LCrR 56.6(a) or to comply with the Speedy Trial Act in another case.

23.2

Judicial preference - Parties shall reference this court’s website for judicial guidelines on

the court’s pretrial and trial practice.

Local Criminal Rule 24. Confidentiality of juror information

24.1

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)

Juror questionnaires will be distributed by the clerk’s office via secured electronic

communication to counsel of record three (3) business days before trial. Electronic

access will be protected by password set to expire automatically once jury selection

beginsAll copies of juror questionnaires must be destroyed or returned to the court

upon completion of jury selection, or at any earlier time determined by the court.

(c)

Paper copies of additional juror questionnaires collected before trial will be

distributed to counsel on selection day. The court will also 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

transmissionFor 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 court, and may not reproduce the juror questionnaires in any

form, or distribute them to anyone.

(d)

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

court and may not reproduce the juror questionnaires in any form or distribute them

to anyone. At the completion of jury selection, all paper copies of juror

questionnaires will be collected for destruction by the court.Juror questionnaires

will be electronically filed under restricted access three (3) business days before

trial. Electronic access will be available to the court and counsel of record only. The

court 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.

(e)

Documents containing the name or signature of a juror shall be filed under restricted

access, with electronic access available to the court and counsel of record only.

Such restricted access documents may include but are not limited to a jury verdict,

juror notes and attachments thereto, as well as an indictment. A duplicate jury

verdict, juror notes, or indictment, with the name and signature of the juror

redacted, will be electronically filed and available to the public unless otherwise

sealed by court order.

VII. POST-CONVICTION PROCEDURES

Local Criminal Rule 32. Sentencing

32.1

Notice - The chambers of the presiding judge setting the sentence will notify all necessary

parties of the date of sentencing. This includes the marshal, the person responsible for issuing a

writ, if needed, the probation office, the U.S.United States Aattorney, the defendant and/or

defendant's attorney, if the person is represented. This date may be set at the time of taking a plea

or a verdict of guilty.

32.2

Presentence report - Unless waived pursuant to Rule 32(c) of the Federal Rules of Criminal

Procedure, a presentence report must be prepared in every felony case and may be prepared in

misdemeanor cases in the court’s discretion.

(a)

Initial interview - The initial interview with the defendant, defendant’s counsel, and

the probation officer must be scheduled within seven (7) days of the date of the

order setting the sentencing date. Counsel for the government must make available

the offense conduct information, including all relevant conduct, within seven (7)

days of the date of such order.

(b)

Disclosure of presentence report - At least forty-seven (47) days before the date

scheduled for sentencing, the probation officer must provide a copy of the

presentence report (except the sentencing rationale) to (1) counsel for the

government, and (2) counsel for the defendant or, where the defendant is pro se, to

the defendant. The sentencing judge may additionally direct the probation officer

not to disclose the officer’s recommendation on the sentence. Disclosure of the

presentence investigation report (and any subsequent revisions and addenda

thereto) to a defense attorney is deemed to be disclosure to the defendant. Defense

counsel must provide a copy of the report to the defendant forthwith.

(c)

Time of disclosure

(i)

To represented parties: The presentence report is deemed disclosed to

counsel for a represented defendant and to counsel for the government when

the probation officer provides a copy via secured electronic communication.

The probation officer will make an informational public docket entry on the

CM/ECF system confirming service of the document it is filed

electronically by the probation officer on the CM/ECF system (access

restricted to the court, the probation office, attorneys of record for the

government and for the relevant defendant).

(ii)

To an unrepresented party: The presentence report is deemed disclosed to a

pro se defendant when a copy of the report is physically delivered or three

(3) days after a copy of the report has been mailed. The presentence report

must contain the date of mailing. The probation officer will make an

informational public docket entry on the CM/ECF system confirming

service of the document to a pro se defendant.

(d)

Objections to presentence report - Within fourteen (14) days after disclosure of the

presentence report, each counsel or pro se defendant must file a written response to

the presentence report acknowledging disclosure and containing all objections, and

supporting reasons, to any material information, sentencing classifications,

sentencing guideline ranges, and policy statements contained in or omitted from the

report. Alternatively, the response may affirmatively state that there is no objection

to the report. Counsel for the government and for defendant must submit objections

electronically using the appropriate by the CM/ECF eventsystem (access restricted

to the court, and the probation office, attorneys of record for the government and

for the relevant defendant) with proof of service on opposing counsel; the

government must also serve objections pertaining to an unrepresented defendant on

that defendant alone on paper, with proof of service. Unrepresented defendants

must file their objections in writing with the cClerk of the cCourt, with a proof of

service on government counsel. The clerk shall file the objections electronically by

the CM/ECF system (access restricted to the court and, the probation office, and

attorneys of record for the government).

(e)

Non-judicial resolution of objections - After receiving a timely objection, the

probation officer must promptly conduct any further investigation and make any

revisions to the presentence report that may be necessary. The probation officer may

require each counsel and pro se defendant to meet with the officer to discuss

unresolved factual and legal issues, and may request that such persons meet with

each other for the same purpose.

(f)

Submission of presentence report - Not less than twenty-one (21) days before the

date set for sentencing, the probation officer must submit the final presentence

report electronically by the CM/ECF system (access restricted to the court and, the

probation office, attorneys of record for the government and for the relevant

defendant), and provide a copy to counsel via secured electronic communication.

The probation officer will make an informational public docket entry on the

CM/ECF system confirming service of the document. The report will be

accompanied by an addendum setting forth any unresolved objections that counsel

or the pro se defendant may have, together with the officer's comments thereon.

The probation officer must certify that the contents of the report, including any

revisions and the addendum, have been disclosed to counsel and any pro se

defendant, and that the addendum fairly states any remaining objections. When

applicable, the report may be accompanied by Victim Impact Statements.

(g)

Motions for departure or variance; sentencing memoranda - Not less than fourteen

(14) days before the date set for sentencing, any party seeking an upward or

downward departure under the Sentencing Guidelines or a variance based on the

application of the factors set forth in 18 U.S.C. § 3553(a), or both, must submit a

separate and clearly captioned motion seeking such relief. All sentencing

memoranda, including memoranda in support of a motion for departure or variance,

must be filed by the same date. Not less than seven (7) days before the date for

sentencing, any party may file a response to any previously filed motion or

sentencing memoranda. Counsel must submit such motions and memoranda by the

CM/ECF system. If sensitive or confidential information is contained therein,

counsel and may move for leave to restrict access to the court, and the probation

office, and must serve such documents in paper with proof of service on the

opposing party attorneys of record for the government and for the relevant

defendant, if sensitive or confidential information is contained therein. Pro se

parties must file and serve such documents in paper, with proof of service on the

opposing party.

(h)

Judicial resolution of objections - Upon receipt of the final report and attachments,

the sentencing judge will determine the extent of any further proceedings necessary

in light of the nature of any unresolved objections. The judge may hold all

objections for resolution at the time of sentencing. In the alternative, the judge may

resolve any objections prior to sentencing and may afford the parties a reasonable

opportunity for the submission of further written objections before the imposition

of sentence. Any objections must be made in the same manner as provided for in

this rule. Where the court determines that a hearing is necessary to resolve the

disputed sentencing matters, a hearing may be held for that purpose, either on the

date of sentencing or at an earlier time.

(i)

Late objections - Upon a showing of good cause, the court may allow a new

objection to be raised at any time prior to the imposition of sentence.

(j)

Expedited procedures - The time periods set forth in this rule may be modified by

the court for good cause shown, or upon its own motion, except that in no event

shall sentence be imposed less than ten (10) days following disclosure of the

presentence report without the consent of the defendant. The parties may agree in

writing or on the record to an expedited sentencing procedure that shortens the

times set forth in this rule or abbreviates the information otherwise required in the

presentence report.

(k)

Limitations on disclosure - Nothing in this rule requires the disclosure of any

portions of the presentence report that are not disclosable under the Federal Rules

of Criminal Procedure.

(l)

Relationship to Fed. R. Crim. P. 32 - This rule shall not be construed to limit any

sentencing procedure modifications permitted by Rule 32 of the Federal Rules of

Criminal Procedure.

(m)

Release of presentence report to other officers - The Chief Probation Officer may,

in his or her discretion, disclose a presentence report to a federal or state probation

or parole officer in connection with that officer’s conduct of official duties

regarding a person previously sentenced by this court.

Local Criminal Rule 32.1.1 Actions against persons on probation or supervised release

32.1.1 Actions against persons on probation or supervised release requiring a hearingWhenever

the probation office requests action against a probationer or person on supervised release, the

probation office shall secure a date from the chambers of the judge conducting the preliminary,

revocation, or modification hearing and notify all necessary parties. This includes the marshal, the

person responsible for issuing a writ, if needed, the U.S. attorney, and the defendant and/or

defendant's attorney.

(a)

Preliminary or Revocation Proceedings

(i)

Person not in custody: The probation office will prepare and electronically

file the summons and serve the person under supervision with the summons.

All other necessary parties will be notified of the date of the hearing by the

CM/ECF system. This includes the marshal, the United States Attorney, the

defendant’s attorney, if the person is represented.

(ii)

Person in custody: All necessary parties will be notified of the date of the

hearing by the CM/ECF system. This includes the marshal, the person

responsible for issuing a writ, if needed, the probation office, the United

States Attorney, the defendant and/or the defendant’s attorney, if the person

is represented.

32.1.1(b)

Modification Hearings – The probation office will secure the hearing date

from the chambers of the judge conducting the hearing, prepare and electronically

file the summons, and serve the person under supervision with the summons. All

other necessary parties will be notified of the date of the hearing by the CM/ECF

system. This includes the marshal, the United States Attorney, and the defendant’s

attorney, if the person is represented.

VIII. GENERAL PROVISIONS

Local Criminal Rule 44.Motion for appointment

44.1

If trial counsel was appointed under the Criminal Justice Act counsel must continue

representation of the defendant on appeal unless relieved by the court of appeals. Counsel need

not submit further proof of the defendant's indigence.

Local Criminal Rule 47. Motions

47.1

Dispositive motions

(a)

Definition - Dispositive motions are motions to dismiss or quash an indictment or

information made by the defendant, to suppress evidence in a case, to involuntarily

dismiss an action, and other dispositive motions as defined by law.

(b)

Briefs

(i)

Length - Briefs filed in support of or in opposition to a dispositive motion

that are produced on a computer shall not exceed ten thousand eight hundred

(10,800) words, including anyto 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, affidavits and other addenda. Any such brief

that is hand-written or produced on a typewriter shall not exceed twentyfive (25) pages in length, similarly including and excluding items

previously identified.

(ii)

Certificate of compliance - The brief must be accompanied by a Ccertificate

of Ccompliance Regarding Word Count, indicating the number of words in

the document as defined by LCrR 47.1(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. It shall consist of a printed copy of the document after

filing (with the header), and a notice of electronic filing (NEF) must be

attached to the front of the paper. Any exhibits must be properly tabbed and

all papers presented as required by LCrR 49.3. The courtesy copy must be

hand delivered or sent via first class mail to chambers within twenty-four

(24) hours of filing the original.

(iv)

References and supporting documents - References to the record shall

comply with LCrR 49.11. Exhibits and attachments in support of or in

opposition to a motion shall comply with LCrR 49.10(d)(vii)(B).

(c)

Briefing schedule - Unless otherwise ordered, any 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 court 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

court may schedule oral argument or may dispose of athe motion without argument.

47.2

Nondispositive motions

(a)

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

47.1(a).

(b)

Briefs

(i)

Length - Briefs filed in support of or in opposition to a nondispositive

motion that are produced on a computer shall not exceed four thousand three

hundred (4,300) words, includingto 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.

(ii)

Certificate of compliance - Briefs in support or in opposition to

nondispositive motions exceeding one thousand (1,000) words shall be

accompanied by a Ccertificate of Ccompliance Regarding Word Count,

indicating the number of words in the document as defined by LCrR

47.2(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.

(ii)(iii) References and supporting documents – References to the record shall

comply with LCrR 49.11. Exhibits and attachments in support of or in

opposition to a motion shall comply with LCrR 49.10(d)(vii)(B).

(c)

Briefing schedule - Unless otherwise ordered, any party opposing a nondispositive

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

brief and any supporting materials. The court may permit or require further briefing.

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

court may schedule oral argument or may dispose of the motion without argument.

47.3

Motions for reconsideration

(a)

Grounds - Generally, and without restricting the discretion of the court, motions for

reconsideration thatwhich merely present the same issues ruled upon by the court

shall not be granted. The movant shall not only demonstrate a palpable defect by

which the court 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 responseanswer to a motion for

reconsideration will be allowed unless requested by the court, 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

court.

Local Criminal Rule 49. Form of pleadings and other papers; filing requirements

49.1

Place of filing - Paper pleadings and other papers that may not be filed electronically under

LCrR 49.10(d)(ii) may be filed with the clerk at any divisional office during walk-in business

hours. If a hearing is scheduled, it is incumbent upon the party to ensure that the presiding judge

receives a copy of the pleadings or other papers on the day they are received by the clerk, or in no

event later than three (3) business days prior to the hearing.

49.2

Paper size and format - All documents must be double spaced in 8½ x 11 inch format with

writing on only the face of each sheet. Type must be no smaller than twelve (12) point type and all

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

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

49.3

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 presented book style, in a binder, unless otherwise

specified in a particular judge’s judicial guidelines. Paper clips and other types of clips shall not

be used; fasteners shall pass through the pages.

49.4

Date and contact information - All pleadings and other papers shall contain the date of

signing and the address, telephone number, and e-mail address of the signing attorney or pro se

party.

49.5

Number of copies -– All paper filed documents must contain an original manuscript

signature. If service of any paper is to be made by the United States Mmarshal, sufficient 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, sufficient copies for this purpose and a suitable selfaddressed, postage paid envelope shall be supplied.

49.6

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 LCrR 49.10(d)(i) and 49.10(h).

49.7

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 clerk 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 notice of electronic filing (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 court specifically orders otherwise,

Electronic access to ex parte documents will be available only to the party

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

personnel of this court and the court of appeals, but not to the public or any other

party.

(c)

Filings by the court - The court may issue restricted access orders in response to ex

parte filings. The docket entry and the NEF for any restricted access order will be

identified as such and available for public viewing. Electronic a Access to these

orders will be restricted to the authorized moving party, the personnel of this court

and the court of appeals, but not to the public or any party. The clerk shall provide

a copy of the order to the moving party via secured electronic communication and

will make an informational public docket entry on the CM/ECF system confirming

the service of the document. The docket entry and the NEF for any restricted access

order will be identified as such and available for public viewing.

(d)

Sealed cases - 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 court orders otherwise.

49.8

Sealed or restricted access documents (“Limited Access Documents”)Filing documents

under seal

(a)

Motions to authorize filing a Limited Access Document (LAD)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 for filing as an LADunder seal only

if authorized by the court for good cause shown. A partyperson seeking leave to

file a document as an LADunder seal must file a motion requesting such relief,

unless the court has entered a previous order that authorizesing the submission of

the document under seal or submission under seal is authorized by statute such a

filing. The motion seeking leave to file an LADunder 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 LADsealed

document submitted by a registered attorney must be submitted electronically as an

LAD under seal as a separate document, under a separate docket entry, by usinge

of the appropriate CM/ECF event. The docket entry and the NEF for any

LADsealed document will be available for public viewing; the description of the

LADsealed document should therefore be general in nature (e.g., sealed affidavit

or restricted access exhibit, sealed exhibit, sealed motion). The proposed

LADsealed document shall be appropriately identified as suchon its face as sealed,

but should not contain the word "proposed". Proposed LADssealed documents

submitted by partiespersons other than registered attorneys must be filed in paper

with the clerk of court 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 LADsealed document will be scanned and maintained

electronically as an LADunder seal. If the court denies the motion for filing an

LADto seal in whole or in part, the proposed LADsealed document will remain as

such sealed, but the court may order the submitting party to tender a

redactedmodified document for public filing, or otherwise proceed to ensure that

the public record includes, to the maximum extent possible, the basis for the Court’s

decision on any contested issue, either sealed or not under seal, as the court

directs. If the court grants leave to file the document as an LADunder seal, the

cClerk of cCourt will modify the docket entry to remove reference to "proposed."

(b)(a) Access to LADssealed documents -– LADs A document filed under seal may be

accessed electronically only by authorized personnel of this court and the court of

appeals, but and not by the public or any attorney or party.

(c)(b) Service of LADssealed documents - A party submitting an LAD document under

seal must serve it by non-electronic means of service on all other parties and file a

proof of service.

(d)(c) Death penalty and other complex litigation - The parties to a death-eligible case, a

death-penalty case, or other complex litigation involving numerous LADssealed

documents may be ordered to comply with a special protocol for submission of

LADssealed and ex parte documents, which will supersede the procedures set forth

in this rule.

49.9

Rejection of filings - The court may order the rejection of any pleading or other paper that

does not comply with these rules or the Federal Rules of Criminal Procedure unless such

noncompliance is expressly approved by the court. The clerk shall return any rejected filing to the

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

49.10 Filing and service by electronic means

(a)

General information; definitions - Pursuant to Rule 49.10(d) of the Federal Rules

of Criminal Procedure, the clerk 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 criminal 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 court for cause, or (2) the a

particular document is not eligible for electronic filing under this rule.

As used in these rules, the term:

•

"ECF system" means the electronic case filing system maintained by

this court;

•

"registered attorney" means an attorney who is authorized pursuant to

Rule 49.10(b) to file documents electronically and to receive service on

the ECF system;

•

"charging document" means the original complaint, indictment (or any

superseding indictment), information or other document by which

charges are brought in a criminal case;

•

"electronically filed document" means any order, opinion, judgment,

pleading, notice,

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