# UNITED STATES OF AMERICA

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## Record

- **Collection:** Court rules
- **Document type:** Court rule

## Text

UNITED STATES OF AMERICA
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

2

LOCAL RULES
OF
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
2

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

3

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.

4

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.
5

(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.

6

(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.

7

(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
8

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
9

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
10

(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

11

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

12

(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

13

(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
14

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

15

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.

16

(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.

17

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.

18

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
19

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.
20

(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

21

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.

22

(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
23

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

24

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
25

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.

26

(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
login name and password.

(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
27

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

28

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
at

(616)

456-2206

or

(800)

290-2742,

or

via

e-mail

at

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
29

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
30

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

31

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
login and password to the system, has authority to file and serve documents
electronically in the case in which the officer was appointed. The electronic
filing of any document by a court officer by use of the assigned login and
password shall be deemed the filing of a signed original document for all
purposes.

(viii) Evidence of 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
32

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
33

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
34

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
35

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,

36

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
37

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.

38

(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
39

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
40

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

41

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.

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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.
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(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
44

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

45

(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
46

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.
47

(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.
48

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.

49

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.

50

(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
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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.

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(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:
53

(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.
54

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.

55

(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

56

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
57

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.

58

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 mak

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/federal_court_rules%3Amiwd%3Aa70001dd9de8d5df. Public record. Not legal advice.