1  Actions against persons on probation or supervised release

32.1.1 Whenever the probation office requests action against a probationer or person on supervised release, the probation office shall secure a date from the chambers of the judge conducting the preliminary, revocation, or modification hearing and notify all necessary parties. This includes the marshal, the person responsible for issuing a writ, if needed, the U.S. attorney, and the defendant and/or defendant's attorney. --> 32.1.1 Whenever the probation office requests action against a probationer or person on supervised release, the probation office shall secure a date from the chambers of the judge conducting the preliminary, revocation, or modification hearing and notify all necessary parties. This includes the marshal, the person responsible for issuing a writ, if needed, the U.S. attorney, and the defendant and/or defendant's attorney. IX.

GENERAL PROVISIONS

Local Criminal Rule 44. Motion for appointment 44.1 If trial counsel was appointed under the Criminal Justice Act counsel must continue representation of the defendant on appeal unless relieved by the court of appeals. Counsel need not submit further proof of the defendant's indigence. --> 44.1 If trial counsel was appointed under the Criminal Justice Act counsel must continue representation of the defendant on appeal unless relieved by the court of appeals. Counsel need not submit further proof of the defendant's indigence.

Local Criminal Rule 47. Motions 47.1 Dispositive motions Definition - Dispositive motions are motions to dismiss or quash an indictment or information made by the defendant, to suppress evidence in a case, to involuntarily dismiss an action, and other dispositive motions as defined by law. Briefs 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 include headings, footnotes, citations and quotations. Not to be included in the word count limit are the case caption, cover sheets, any table of contents, any table of authorities, the signature block, attachments, exhibits, affidavits and other addenda.

Any such brief that is hand-written or produced on a typewriter shall not exceed twenty-five (25) pages in length, similarly including and excluding items previously identified. Certificate of compliance - The brief must be accompanied by a certificate of compliance, indicating the number of words in the document as defined by LCrR 47.1(b)(i), as well as the name and version of the word processing software that was used to generate the word count. The word count provided by the word processing software used to create the brief may be relied upon for purposes of the certificate of compliance. Courtesy copy - The court may require one paper courtesy copy of all dispositive motion papers, including responses, replies and all accompanying exhibits, which must be submitted directly to the presiding judge’s chambers.

It shall consist of a printed copy of the document after filing (with the header), and a notice of electronic filing (NEF) must be attached to the front of the paper. Any exhibits must be properly tabbed and all papers presented as required by LCrR 49.3. The courtesy copy must be hand delivered or sent via first class mail to chambers within twenty-four (24) hours of filing the original. References and supporting documents - References to the record shall comply with LCrR 49.11.

Exhibits and attachments in support of or in opposition to a motion shall comply with LCrR 49.10(d)(vii)(B). Briefing schedule - Unless otherwise ordered, any party opposing a dispositive motion shall, within twenty-eight (28) days after service of the motion, file a responsive brief and any supporting materials. The court may permit or require further briefing. Oral argument - Any party desiring oral argument shall include a request for oral argument in the caption and the heading of the party's brief.

In its discretion, the court may schedule oral argument or may dispose of the motion without argument. 47.2 Nondispositive motions Definition - Nondispositive motions are all motions not specifically listed in LCrR 47.1(a). Briefs 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 include any headings, footnotes, citations and quotations. Not to be included in the word count limit are the case caption, cover sheets, any table of contents, any table of authorities, the signature block, attachments, exhibits, affidavits and other addenda.

Any such brief that is hand-written or produced on a typewriter shall not exceed ten (10) pages in length, similarly including and excluding items previously identified. (ii) Certificate of compliance - Briefs in support or in opposition to nondispositive motions exceeding one thousand (1,000) words shall be accompanied by a certificate of compliance, indicating the number of words in the document as defined by LCrR 47.2(b)(i), as well as the name and version of the word processing software that was used to generate the word count. The word count provided by the word processing software used to create the brief may be relied upon for purposes of the certificate of compliance. 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.

The court may permit or require further briefing. Reply briefs may not be filed without leave of court. Oral argument - Any party desiring oral argument shall include a request for oral argument in the caption and the heading of the party's brief. In its discretion, the court may schedule oral argument or may dispose of the motion without argument.

47.3 Motions for reconsideration Grounds - Generally, and without restricting the discretion of the court, motions for reconsideration which 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 mislead, but also show that a different disposition of the case must result from a correction thereof. Response to motions for reconsideration - No answer 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. --> 47.1 Dispositive motions Definition - Dispositive motions are motions to dismiss or quash an indictment or information made by the defendant, to suppress evidence in a case, to involuntarily dismiss an action, and other dispositive motions as defined by law.

Briefs 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 include headings, footnotes, citations and quotations. Not to be included in the word count limit are the case caption, cover sheets, any table of contents, any table of authorities, the signature block, attachments, exhibits, affidavits and other addenda. Any such brief that is hand-written or produced on a typewriter shall not exceed twenty-five (25) pages in length, similarly including and excluding items previously identified. Certificate of compliance - The brief must be accompanied by a certificate of compliance, indicating the number of words in the document as defined by LCrR 47.1(b)(i) , as well as the name and version of the word processing software that was used to generate the word count.

The word count provided by the word processing software used to create the brief may be relied upon for purposes of the certificate of compliance. Courtesy copy - The court may require one paper courtesy copy of all dispositive motion papers, including responses, replies and all accompanying exhibits, which must be submitted directly to the presiding judge’s chambers. It shall consist of a printed copy of the document after filing (with the header), and a notice of electronic filing (NEF) must be attached to the front of the paper. Any exhibits must be properly tabbed and all papers presented as required by LCrR 49.3 .

The courtesy copy must be hand delivered or sent via first class mail to chambers within twenty-four (24) hours of filing the original. References and supporting documents - References to the record shall comply with LCrR 49.11 . Exhibits and attachments in support of or in opposition to a motion shall comply with LCrR 49.10(d)(vii)(B) . Briefing schedule - Unless otherwise ordered, any party opposing a dispositive motion shall, within twenty-eight (28) days after service of the motion, file a responsive brief and any supporting materials.

The court may permit or require further briefing. Oral argument - Any party desiring oral argument shall include a request for oral argument in the caption and the heading of the party's brief. In its discretion, the court may schedule oral argument or may dispose of the motion without argument. 47.2 Nondispositive motions Definition - Nondispositive motions are all motions not specifically listed in LCrR 47.1(a) .

Briefs 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 include any headings, footnotes, citations and quotations. Not to be included in the word count limit are the case caption, cover sheets, any table of contents, any table of authorities, the signature block, attachments, exhibits, affidavits and other addenda. Any such brief that is hand-written or produced on a typewriter shall not exceed ten (10) pages in length, similarly including and excluding items previously identified. Certificate of compliance - Briefs in support or in opposition to nondispositive motions exceeding one thousand (1,000) words shall be accompanied by a certificate of compliance, indicating the number of words in the document as defined by LCrR 47.2(b)(i) , as well as the name and version of the word processing software that was used to generate the word count.

The word count provided by the word processing software used to create the brief may be relied upon for purposes of the certificate of compliance. 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. The court may permit or require further briefing. Reply briefs may not be filed without leave of court.

Oral argument - Any party desiring oral argument shall include a request for oral argument in the caption and the heading of the party's brief. In its discretion, the court may schedule oral argument or may dispose of the motion without argument. 47.3 Motions for reconsideration Grounds - Generally, and without restricting the discretion of the court, motions for reconsideration which 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.

Response to motions for reconsideration - No answer 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. Pages 1 2 next › last » Search this site Contact Us Local Criminal Rules | Western District of Michigan | United States District Court Skip to main content United States District Court Western District of Michigan Hala Y. Jarbou, Chief Judge Ann E. Filkins, Clerk of Court Search form Search this site Text Size: Decrease font size Reset font size Increase font size Home Court Information Court Locations Court Holidays Current Rates, Fees and Other Information Transcript Orders and Fee Rates Frequently Asked Questions Employment Opportunities Court History Court Tours Judges' Info Chief Judge Hala Y. Jarbou Judge Paul L. Maloney Judge Robert J. Jonker Judge Jane M. Beckering Magistrate Judge Phillip J. Green Magistrate Judge Ray Kent Magistrate Judge Maarten Vermaat Magistrate Judge Sally J. Berens Court Reporters Judicial Seminars Disclosure Judicial Conduct and Disability For Attorneys General Information Civil Case Information Criminal Case Information For Jurors eJuror (Respond Online/Check Status) Request an Excuse or Deferral Reporting Information Juror Documents Contact the Jury Department Frequently Asked Questions Jury Scams!! Forms Civil Forms Criminal Forms Pro Se Forms Prisoner Forms Appeals/Post Judgment Forms Attorney Admission/Registration Forms Miscellaneous Forms Electronic Filing Login Rules and Policies References and Information Help Desk Rules Orders & Policies Local Rules Federal Rules Administrative Orders Local Written Opinions Local Policies and Procedures U.S. Courts Opinions - FDsys Helpful Links Bar Associations Federal Links State Links You are here Home Local Criminal Rules Local Criminal Rule 49.

Form of pleadings and other papers; filing requirements 49.1 Place of filing - Paper pleadings and other papers that may not be filed electronically under LCrR 49.10(d)(ii) may be filed with the clerk at any divisional office during walk-in business hours. If a hearing is scheduled, it is incumbent upon the party to insure that the presiding judge receives a copy of the pleadings or other papers on the day they are received by the clerk, or in no event later than three (3) business days prior to the hearing. 49.2 Paper size and format - All documents must be double spaced in 8½ x 11 inch format with writing on only the face of each sheet. Type must be no smaller than twelve (12) point type and all margins must be at least one inch.

Electronically filed documents must be in rendered PDF digital format, exhibits and attachments not authored by the filer may be in scanned PDF format. 49.3 Binding - All paper filed pleadings and other papers that have numerous pages must be bound with a fastener. Originals should be stapled or bound on the top margin with a two-hole fastener. Copies of paper filed documents may be bound in the same manner as originals or in a binder.

Judges’ courtesy copies shall be presented book style, in a binder, unless otherwise specified in a particular judge’s judicial guidelines. Paper clips and other types of clips shall not be used; fasteners shall pass through the pages. 49.4 Date and contact information - All pleadings and other papers shall contain the date of signing and the address, telephone number, and e-mail address of the signing attorney or pro se party. 49.5 Number of copies - If service of any paper is to be made by the United States marshal, sufficient copies shall be supplied for service upon each other party.

If file stamped copies of documents are requested to be returned to the offering party, sufficient copies for this purpose and a suitable self-addressed, postage paid envelope shall be supplied. 49.6 Proof of service - Proof of service of all pleadings and other papers required or permitted to be served shall be filed promptly after service and may be made by written acknowledgment of service, by affidavit of the person making service or by written certification of counsel. Proof of service shall state the date and manner of service. Proof of service is unnecessary for documents served electronically on a registered attorney.

49.7 Ex parte submissions Filing of ex parte submissions - If the law allows a party to submit a pleading or other paper ex parte , the party may file the document with the clerk without serving a copy on any other party. The document shall be properly identified on its face as Ex Parte . A registered attorney must submit any ex parte filing electronically by use of the appropriate CM/ECF event. A notice of electronic filing (NEF) will be generated for the ex parte document and will be transmitted to all parties.

Unless modified by the filer, the NEF and docket entry will identify the document only as " Ex Parte Document" or " Ex Parte Motion." 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, access to ex parte documents will be available only to the party submitting the filing (or that party’s registered attorneys) and to the personnel of this court and the court of appeals, but not to the public or any other party. Filings by the court - The court may issue restricted access orders in response to ex parte filings. Access to these orders will be restricted to the moving party, the personnel of this court and the court of appeals.

The docket entry and the NEF for any restricted access order will be identified as such and available for public viewing. Sealed cases - If an entire case has been sealed, either by order or by operation of statute, then neither the ex parte submission nor any docket entry relating thereto will be available for public viewing, until such time as the court orders otherwise. 49.8 Filing documents under seal Requests to seal - The procedures set forth in this rule apply to cases that have not been sealed in their entirety. Documents may be submitted under seal only if authorized by the court for good cause shown.

A person seeking leave to file a document under seal must file a motion requesting such relief, unless the court has entered a previous order authorizing the submission of the document under seal or submission under seal is authorized by statute. The motion seeking leave to file under seal should generally be a public filing unless the submitting party believes in good faith that public access to the motion will compromise the confidential matter. A proposed sealed document submitted by a registered attorney must be submitted electronically under seal as a separate document, under a separate docket entry, by use of the appropriate CM/ECF event. The docket entry and the NEF for any sealed document will be available for public viewing; the description of the sealed document should therefore be general in nature ( e.g. , sealed affidavit, sealed exhibit, sealed motion).

The proposed sealed document shall be appropriately identified on its face as sealed, but should not contain the word "proposed". Proposed sealed documents submitted by persons other than registered attorneys must be filed in a sealed envelope bearing the case caption and number, the identity of the party submitting the documents, and a general description of the contents; the proposed sealed document will be scanned and maintained electronically under seal. If the court denies the motion to seal in whole or in part, the proposed sealed document will remain sealed, but the court may order the submitting party to tender a modified document, either sealed or not under seal, as the court directs. If the court grants leave to file the document under seal, the Clerk of Court will modify the docket entry to remove reference to "proposed." Access to sealed documents - A document filed under seal may be accessed electronically only by authorized personnel of this court and the court of appeals and not by the public or any attorney or party.

Service of sealed documents - A party submitting a document under seal must serve it by non-electronic means of service on all other parties. Death penalty and other complex litigation - The parties to a death-eligible case, a death-penalty case, or other complex litigation involving numerous sealed documents may be ordered to comply with a special protocol for submission of sealed and ex parte documents, which will supersede the procedures set forth in this rule. 49.9 Rejection of filings - The court may order the rejection of any pleading or other paper that does not comply with these rules or the Federal Rules of Criminal Procedure. The clerk shall return any rejected filing to the party tendering it, along with a statement of the reasons for rejection.

49.10 Filing and service by electronic means General information; definitions - Pursuant to Rule 49(d) of the Federal Rules of Criminal Procedure, the clerk will accept pleadings and other papers filed and signed by electronic means in accordance with this rule. All papers filed by electronic means must comply with technical standards, if any, now or hereafter established by the Judicial Conference of the United States. This rule shall apply to all criminal actions maintained in the court’s electronic case filing system. All documents, whether filed electronically or on paper, will be placed into the electronic case filing system, except as provided below.

Attorneys must file and serve all documents electronically by use of the ECF system unless (1) the attorney has been specifically exempted by the court for cause or (2) a particular document is not eligible for electronic filing under this rule. As used in these rules, the term: "ECF system" means the electronic case filing system maintained by this court; "registered attorney" means an attorney who is authorized pursuant to Rule 49.10(b) to file documents electronically and to receive service on the ECF system; "charging document" means the original complaint, indictment (or any superseding indictment), information or other document by which charges are brought in a criminal case; "electronically filed document" means any order, opinion, judgment, pleading, notice, 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 49(b) of the Federal Rules of Criminal Procedure and Rule 5(b) of the Federal Rules of Civil Procedure, except electronic service under Rule 5(b)(2)(E). Mandatory registration; resources Every attorney practicing in this court must register to file and serve documents electronically by the ECF system. 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.

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. Charging documents - Charging documents may be filed in the following ways: in paper, bearing manuscript signatures; or electronically, with facsimile signatures created by use of the electronic signature pad; or in a scanned PDF document containing the image of original manuscript signatures.

The court may issue a summons or warrant electronically, but such process may be served only in accordance with Rule 4(c) of the Federal Rules of Criminal Procedure. Electronic filing Mandatory Electronic Filing - All attorneys must file all pleadings and other papers permitted by the federal rules and the local rules of this court (except charging documents) electronically in all criminal cases, subject to the exceptions set forth below. All electronically filed documents must be in PDF digital format and must be submitted in accordance with the instructions set forth on the court’s website. Pro se parties who are not members of the bar of the court may not file pleadings or other papers electronically, but must submit them in paper form.

Papers that may not be filed electronically - The following documents may not be filed electronically, but must be submitted in paper form: documents submitted by a person who is not a registered attorney (for example, a pro se litigant); papers filed in cases that have been sealed in their entirety; documents that are required by statute or court order to be filed in camera; and garnishee disclosures and other documents submitted by unrepresented third parties in response to writs or other court process. 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: affidavits in support of or in opposition to a motion (This rule does not apply to affidavits of service.); declarations under penalty of perjury; and certified copies of judgments or orders of other courts. The electronically filed version of such documents must bear a scanned image of all original manuscript signatures. The filer must meet the requirements of LCrR 49.10(e)(viii) regarding evidence of an original signature.

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 attachments to an electronically filed document are submitted in paper form, the electronic document is deemed filed upon issuance of the NEF, provided that the paper exhibits are filed and served within 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.

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 [email protected]. Official record; discarding of paper filed documents - For purposes of Rule 55 of the Federal Rules of Criminal Procedure, the official record of all proceedings is the electronic file maintained on the court’s ECF system.

The clerk's office will discard all paper filed documents after they have become part of the electronic record, unless the document produces a low-quality electronic file. Exhibits and attachments 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 exempt from electronic filing under subrule (d)(ii) of this rule. 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 a the top of the electronically filed document. All exhibits and attachments must contain on their face a prominent exhibit number or letter.

If one or more attachments or exhibits to an electronically filed document are not being submitted electronically under this rule, the electronically filed document must contain a notice of that fact in its text. Signature Attorneys - A registered attorney’s use of the assigned login name and password to submit an electronically filed document serves as the registered attorney’s signature on that document, for all purposes under the Federal Rules of Criminal and 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.

Multiple attorney signatures - The filer of any electronically filed document requiring multiple signatures ( e.g. , stipulations, joint motions) 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 LCrR 49.10(e)(viii) regarding evidence of 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. 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.

Judges - The electronic filing of an opinion, order, warrant, 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. Clerk of Court or deputy clerks - The electronic filing of any document by the clerk or a deputy clerk of this court or of the circuit court of appeals by use of that individual’s login and password shall be deemed the filing of a signed original document for all purposes. Probation office and office of the U.S. marshal - The probation office and office of the U.S. marshal for this district are authorized to file and serve documents electronically. The electronic filing of any document by the probation office and office of the United States marshal by use of the assigned login and password shall be deemed the filing of a signed original document for all purposes.

Signature of defendant - Documents containing the original signature of the defendant must be submitted in one of three ways: (1) by use of the in-court electronic signature pad; (2) in a scanned PDF document containing the image of defendant’s manuscript signature; or, (3) if neither of the foregoing is feasible, in paper form. Evidence of original signature - Filers of documents containing signatures authorized by LCrR 49(e)(ii) (multiple attorney signatures) must maintain any records evidencing concurrence, and filers of documents containing signatures authorized by LCrR 49(d)(iii) (electronically filed affidavits, etc.) and LCrR 49(e)(vii) (documents containing defendant’s signature) 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. Proposed pleadings - Except for proposed sealed filings, if the filing of an electronically submitted document requires leave of court, such as a brief in excess of word count or page limits, the proposed document must be attached as an exhibit to the motion seeking leave to file.

If the court grants leave to file the document, the Clerk of Court will electronically file the document without further action by the attorney. Requests to file documents under seal are governed by LCrR 49.8. Proposed orders - Proposed orders must 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. If the judge approves the proposed order, it will be refiled electronically under a separate document number. Service of electronically filed documents Summons and warrants - Warrants and summons may be issued in electronic form with electronically affixed signatures and seal. Service of warrants and summons, must be made in accordance with Rule 4(c) of the Federal Rules of Criminal Procedure.

Service on registered attorneys - By registering under this rule, an attorney automatically consents to electronic service by both the court and any opposing attorney of any electronically filed document in any case in which the registered attorney appears. Consequently, service of an electronically filed document upon a registered attorney is deemed complete upon the transmission of an NEF to that attorney and no separate certificate of service should be filed. Paper filed documents and sealed documents must be served on registered attorneys by nonelectronic means of service, and a proof of service filed. Service on United States Probation and Pretrial Services office - A registered attorney may serve the United States probation office electronically with a copy of sentencing memoranda, motions for departure, or any other document that the Federal Rules of Criminal Procedure or these rules require to be served on the probation office.

If such documents are filed by a registered attorney electronically, service will be accomplished by the ECF system automatically. If such documents are paper filed, they must be served on the probation office by nonelectronic means of service. 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 by nonelectronic means of service. A proof of service must be filed.

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 date-stamp and proof of filing. Except in the case of sealed documents (see LCrR 49.8(c and ex parte filings (see LCrR 49.7(b), (c , transmission of the NEF to the registered e-mail address constitutes service of an electronically filed document upon any registered attorney.

Only service of the NEF by the court’s system constitutes electronic service; transmission of a document by one party to another by regular e-mail does not constitute service. 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. Upon entry of an order or judgment in a criminal proceeding, the clerk will transmit an NEF to all registered attorneys.

Such transmission constitutes the notice to registered attorneys required by Rule 49(c) of the Federal Rules of Criminal Procedure. The clerk will provide notice to attorneys not registered under this rule and pro se parties by nonelectronic means of service. 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. Access to electronically stored documents - Any person may review at the clerk’s office filings in a criminal case that have not been sealed by the court or filed ex parte .

Any person may retrieve a docket sheet in a criminal case through the PACER system and may access electronically the text of documents (except sealed documents, ex parte documents, and transcripts) stored on the ECF system and filed on or after November 1, 2004. Facsimile transmissions - The clerk will not accept for filing any pleading or other paper submitted by facsimile transmission. 49.11 Referencing the court record - A sequential pagination of the electronic court initiates with the first filing in a case. The sequential page identification, referred to as the PageID, is applied by the ECF system and is found in the document header displayed at the top of every page of every electronically filed document.

The PageID clearly, uniquely, and permanently identifies each page of the court record. Any reference by a registered attorney to a page of the record in which it is to be electronically filed shall be made by reference to the PageID identified thereon, following the cite form identified on the court’s website. Pro se litigants are exempt from this requirement. --> 49.1 Place of filing - Paper pleadings and other papers that may not be filed electronically under LCrR 49.10(d)(ii) may be filed with the clerk at any divisional office during walk-in business hours. If a hearing is scheduled, it is incumbent upon the party to insure that the presiding judge receives a copy of the pleadings or other papers on the day they are received by the clerk, or in no event later than three (3) business days prior to the hearing.

49.2 Paper size and format - All documents must be double spaced in 8½ x 11 inch format with writing on only the face of each sheet. Type must be no smaller than twelve (12) point type and all margins must be at least one inch. Electronically filed documents must be in rendered PDF digital format, exhibits and attachments not authored by the filer may be in scanned PDF format. 49.3 Binding - All paper filed pleadings and other papers that have numerous pages must be bound with a fastener.

Originals should be stapled or bound on the top margin with a two-hole fastener. Copies of paper filed documents may be bound in the same manner as originals or in a binder. Judges’ courtesy copies shall be presented book style, in a binder, unless otherwise specified in a particular judge’s judicial guidelines. Paper clips and other types of clips shall not be used; fasteners shall pass through the pages.

49.4 Date and contact information - All pleadings and other papers shall contain the date of signing and the address, telephone number, and e-mail address of the signing attorney or pro se party. 49.5 Number of copies - If service of any paper is to be made by the United States marshal, sufficient copies shall be supplied for service upon each other party. If file stamped copies of documents are requested to be returned to the offering party, sufficient copies for this purpose and a suitable self-addressed, postage paid envelope shall be supplied. 49.6 Proof of service - Proof of service of all pleadings and other papers required or permitted to be served shall be filed promptly after service and may be made by written acknowledgment of service, by affidavit of the person making service or by written certification of counsel.

Proof of service shall state the date and manner of service. Proof of service is unnecessary for documents served electronically on a registered attorney. 49.7 Ex parte submissions Filing of ex parte submissions - If the law allows a party to submit a pleading or other paper ex parte , the party may file the document with the clerk without serving a copy on any other party. The document shall be properly identified on its face as Ex Parte .

A registered attorney must submit any ex parte filing electronically by use of the appropriate CM/ECF event. A notice of electronic filing (NEF) will be generated for the ex parte document and will be transmitted to all parties. Unless modified by the filer, the NEF and docket entry will identify the document only as " Ex Parte Document" or " Ex Parte Motion." 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, access to ex parte documents will be available only to the party submitting the filing (or that party’s registered attorneys) and to the personnel of this court and the court of appeals, but not to the public or any other party.

Filings by the court - The court may issue restricted access orders in response to ex parte filings. Access to these orders will be restricted to the moving party, the personnel of this court and the court of appeals. The docket entry and the NEF for any restricted access order will be identified as such and available for public viewing. Sealed cases - If an entire case has been sealed, either by order or by operation of statute, then neither the ex parte submission nor any docket entry relating thereto will be available for public viewing, until such time as the court orders otherwise.

49.8 Filing documents under seal Requests to seal - The procedures set forth in this rule apply to cases that have not been sealed in their entirety. Documents may be submitted under seal only if authorized by the court for good cause shown. A person seeking leave to file a document under seal must file a motion requesting such relief, unless the court has entered a previous order authorizing the submission of the document under seal or submission under seal is authorized by statute. The motion seeking leave to file under seal should generally be a public filing unless the submitting party believes in good faith that public access to the motion will compromise the confidential matter.

A proposed sealed document submitted by a registered attorney must be submitted electronically under seal as a separate document, under a separate docket entry, by use of the appropriate CM/ECF event. The docket entry and the NEF for any sealed document will be available for public viewing; the description of the sealed document should therefore be general in nature ( e.g. , sealed affidavit, sealed exhibit, sealed motion). The proposed sealed document shall be appropriately identified on its face as sealed, but should not contain the word "proposed". Proposed sealed documents submitted by persons other than registered attorneys must be filed in a sealed envelope bearing the case caption and number, the identity of the party submitting the documents, and a general description of the contents; the proposed sealed document will be scanned and maintained electronically under seal.

If the court denies the motion to seal in whole or in part, the proposed sealed document will remain sealed, but the court may order the submitting party to tender a modified document, either sealed or not under seal, as the court directs. If the court grants leave to file the document under seal, the Clerk of Court will modify the docket entry to remove reference to "proposed." Access to sealed documents - A document filed under seal may be accessed electronically only by authorized personnel of this court and the court of appeals and not by the public or any attorney or party. Service of sealed documents - A party submitting a document under seal must serve it by non-electronic means of service on all other parties. Death penalty and other complex litigation - The parties to a death-eligible case, a death-penalty case, or other complex litigation involving numerous sealed documents may be ordered to comply with a special protocol for submission of sealed and ex parte documents, which will supersede the procedures set forth in this rule.

49.9 Rejection of filings - The court may order the rejection of any pleading or other paper that does not comply with these rules or the Federal Rules of Criminal Procedure. The clerk shall return any rejected filing to the party tendering it, along with a statement of the reasons for rejection. 49.10 Filing and service by electronic means General information; definitions - Pursuant to Rule 49(d) of the Federal Rules of Criminal Procedure, the clerk will accept pleadings and other papers filed and signed by electronic means in accordance with this rule. All papers filed by electronic means must comply with technical standards, if any, now or hereafter established by the Judicial Conference of the United States.

This rule shall apply to all criminal actions maintained in the court’s electronic case filing system. All documents, whether filed electronically or on paper, will be placed into the electronic case filing system, except as provided below. Attorneys must file and serve all documents electronically by use of the ECF system unless (1) the attorney has been specifically exempted by the court for cause or (2) a particular document is not eligible for electronic filing under this rule. As used in these rules, the term: "ECF system" means the electronic case filing system maintained by this court; "registered attorney" means an attorney who is authorized pursuant to Rule 49.10(b) to file documents electronically and to receive service on the ECF system; "charging document" means the original complaint, indictment (or any superseding indictment), information or other document by which charges are brought in a criminal case; "electronically filed document" means any order, opinion, judgment, pleading, notice, 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 49(b) of the Federal Rules of Criminal Procedure and Rule 5(b) of the Federal Rules of Civil Procedure, except electronic service under Rule 5(b)(2)(E).

Mandatory registration; resources Every attorney practicing in this court must register to file and serve documents electronically by the ECF system. 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. 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. Charging documents - Charging documents may be filed in the following ways: in paper, bearing manuscript signatures; or electronically, with facsimile signatures created by use of the electronic signature pad; or in a scanned PDF document containing the image of original manuscript signatures. The court may issue a summons or warrant electronically, but such process may be served only in accordance with Rule 4(c) of the Federal Rules of Criminal Procedure. Electronic filing Mandatory Electronic Filing - All attorneys must file all pleadings and other papers permitted by the federal rules and the local rules of this court (except charging documents) electronically in all criminal cases, subject to the exceptions set forth below.

All electronically filed documents must be in PDF digital format and must be submitted in accordance with the instructions set forth on the court’s website. Pro se parties who are not members of the bar of the court may not file pleadings or other papers electronically, but must submit them in paper form. Papers that may not be filed electronically - The following documents may not be filed electronically, but must be submitted in paper form: documents submitted by a person who is not a registered attorney (for example, a pro se litigant); papers filed in cases that have been sealed in their entirety; documents that are required by statute or court order to be filed in camera ; and garnishee disclosures and other documents submitted by unrepresented third parties in response to writs or other court process. Electronic filing of a