Bankruptcy Cases and Proceedings

(a) Matters Referred to the Bankruptcy Judges (1) Unless withdrawn by a district judge, all cases under Title 11 of the United States Code and any or all proceedings arising under Title 11 or arising in or related to a case under Title 11 are referred to bankruptcy judges. The court intends to give bankruptcy judges the broadest possible authority to administer cases and proceedings properly within their jurisdiction. (2) Under 28 U.S.C. § 157(b)(1), bankruptcy judges will hear and determine all cases under Title 11 and all core proceedings (including those listed in 28 U.S.C. § 157(b)(2 arising under Title 11, or arising in or related to a case under Title 11, and will enter appropriate orders and judgments, subject to review under 28 U.S.C. § 158. (3) Bankruptcy judges will hear all the non-core proceedings related to a case under Title 11.

(A) By Consent. With the parties’ express consent, bankruptcy judges may conduct hearings and enter appropriate orders or judgments in the proceeding, subject only to review under 28 U.S.C. § 158. (B) Absent Consent. Absent consent of the parties, bankruptcy judges will conduct hearings and file proposed findings of fact and conclusions of law and a proposed order or judgment with the bankruptcy clerk.

Bankruptcy judges may also file recommendations for expedited review. The bankruptcy clerk will immediately serve copies on all parties by mail and enter the date of mailing on the docket. Objections to a bankruptcy judge’s proposed findings of fact and conclusions of law must be filed as required by Fed. R. Bankr. P. 9033(b) and (c). (b) Motions to Withdraw.

District judges will hear motions to withdraw cases or proceedings. The district clerk will serve a copy of the order on the bankruptcy clerk and the bankruptcy judge. (c) Matters to be Heard and Determined or Tried by District Judges. District judges will hear and determine cases or proceedings withdrawn under 28 U.S.C. § 157(d).

District judges will also try personal injury tort and wrongful death claims under 28 U.S.C. § 157(b)(5). If necessary, parties may move under (b) to withdraw a personal injury tort or wrongful death claim from a bankruptcy judge. (d) Filing Papers. (1) While cases or proceedings are pending before a bankruptcy judge, or before entry of an appeal on the district court docket under Fed. R. Bankr. P. 8010(b), all papers -- including removal notices under 28 U.S.C. § 1452(a) and motions to withdraw the reference -- will be filed with the bankruptcy clerk.

If a notice of removal is mistakenly filed with the district clerk, the district clerk will note on the notice the date on which it was received and transmit it to the bankruptcy clerk. It will be deemed filed with the bankruptcy clerk on the date noted. (2) After a contested matter or proceeding is assigned to a district judge, all papers in the matter or proceeding must bear a civil case number in addition to the bankruptcy case number(s) and must be filed with the district clerk. (3) With the exception of papers required under Fed. R. Bankr. P. 8009, after the district clerk gives notice of the date on which the appeal was docketed, all papers must bear a civil case number in addition to the bankruptcy case number(s) and must be filed with the district clerk.

121 United States District Court Eastern District of Michigan (e) Submitting Papers, Records or Files to the District Court; Assigning District Judges. (1) The bankruptcy clerk will submit the necessary papers to the district clerk when: (A) (B) (C) the time for filing objections under Fed. R. Bankr. P. 9033(b) expires; a district judge enters an order under 28 U.S.C. § 157(d); a party files a motion to withdraw a case or proceeding; a bankruptcy judge determines that a case or proceeding is one in which a personal injury tort or wrongful death claim is to be tried in a district court under 28 U.S.C. § 157(b)(5); or (D) (E) the record is complete for purposes of appeal under Fed. R. Bankr. P. 8010(b). (2) In connection with matters other than appeals, the bankruptcy clerk will send a notice to the parties identifying the papers submitted to the district clerk. (3) Subject to (4), below, the district clerk will assign a civil case number to each matter submitted.

The district clerk will assign all cases and proceedings arising out of a bankrupt estate to the district judge to whom the case was first assigned. If there is no prior assignment, the district clerk will assign the matter under LR 83.11. (4) If the assigned judge believes that a bankruptcy case is one of unusual complexity, then, with the consent of the assigned judge, the chief judge may reassign to other judges of this court by random draw subsequent cases, motions to withdraw the reference under 28 U.S.C. § 157(d), proceedings withdrawn under 28 U.S.C. § 157(d), and appeals under 28 U.S.C. § 158, arising from that bankruptcy case for the purpose of docket efficiency and to expedite the resolution of such matters. In such a case, the following case management guidelines apply: (A) (B) In motions and appeals, expedited briefing schedules should be ordered.

Oral argument should be allowed, unless the court finds explicitly that oral argument will delay or inhibit the decision. (C) The order or opinion deciding motions and appeals should be filed within 28 days of oral argument. COMMENT: If multiple matters are reassigned under (e)(4), the chief judge will consider whether each subsequent matter should be treated as a companion case and reassigned under the companion case rule in LR 83.11(b)(7). The 2022 amendments changed the references to the Federal Rules of Bankruptcy Procedure to conform to the numbering changes to hose rule citations.

October 1, 2022 122 United States District Court Eastern District of Michigan LR B.1 Exigent Circumstances in Proceedings Commenced by Attachment and Garnishment and Actions in Rem Exigent circumstances shall exist when the assigned judge, presiding judge and Chief Judge of the district are unavailable to make a determination as to whether the conditions for the issuance of a warrant for arrest or writ for attachment or garnishment of maritime property exist and the property to be subject to the arrest or attachment may in the immediate future leave the District. For purposes of this Local Rule, a Judge shall be deemed unavailable, unless the Judge indicates that he or she will immediately consider the proposed order. January 1, 1992 123 United States District Court Eastern District of Michigan LR E.1 Actions in Rem and Quasi in Rem (a) Advance Deposit for Cost. The United States Marshal shall collect in advance of the arrest, attachment or garnishment only that amount sufficient to cover the cost of service or process, United States Marshal's insurance and 10 days’ keeper and maintenance fees.

If the plaintiff is represented by an attorney duly authorized to practice in this District, then the advance deposit for cost may be satisfied by tendering to the United States Marshal a check from the attorney or attorney's firm in the amount of the required deposit. The United States Marshal shall not deliver any property so released until costs and charges of the Court have been paid. (b) Custody and Operation of Seized Vessels. On seizure of a vessel by arrest or attachment, the marshal must appoint as custodian of the vessel the master or other officer in control of the vessel if the master or other officer accepts the responsibilities and liabilities of the appointment.

Absent such acceptance, the marshal must make other satisfactory arrangements for the safekeeping of the vessel. The marshal in either event may require the party at whose instance the vessel was seized to pay the fees and costs as incurred. On motion of the plaintiff or another person claiming an interest in the vessel, the court may appoint a different custodian. In that event the person at whose instance the appointment was made must pay the fees and costs as incurred.

Unless restriction of the vessel is necessary for its safekeeping, the loading or discharging of cargo or other normal working of the vessel shall not be impeded. The marshal may permit the vessel to be moved from berth to berth within a marine terminal or to a local anchorage within the district without further court order. Release of Maritime Property. The United States Marshal shall release property under arrest, (c) attachment or garnishment upon receipt of any of the following: (1) (2) An order of the Court expressly authorizing the release; or A stipulation signed by the party on whose behalf the property is detained, or his or her attorney, expressly authorizing the release; or (3) A voluntary dismissal under Fed. R. Civ. P. 41(a) signed by the party on whose behalf the property is detained, or his or her attorney, which expressly authorizes the release.

Under (2) and (3), it is not necessary that the defendant or his or her attorney sign the (4) pleading. March 1, 2010 124 United States District Court Eastern District of Michigan LCrR 1.1 Scope of Rules In addition to these local criminal rules, the general local rules apply to criminal actions as provided in LR 1.1(c). March 2, 1998 125 United States District Court Eastern District of Michigan LCrR 5.1 Initial Appearances by Defendant (a) All initial appearances shall comply with Fed. R. Crim. P. 5. If a defendant is appearing voluntarily, the defendant shall report to the Pretrial Services Agency (b) for the purpose of a bond recommendation and to the United States Marshals Service before the defendant's initial appearance in court.

The United States Attorney shall provide the Magistrate Judge a copy of the complaint, removal (c) petition, other papers and information relating to the defendant's initial appearance. July 1, 1992 126 United States District Court Eastern District of Michigan LCrR 6.1 Grand Juries All grand juries are under the direct supervision of the Court. The Chief Judge shall act for the (a) Court. The Chief Judge, by Administrative Order, may designate District Judges to act for the Court.

(b) A motion or application filed in connection with a grand jury subpoena or other matter occurring before a grand jury, all other papers filed in support of or in opposition to such a motion or application, and all orders entered by the Court in connection therewith, shall be filed under seal. The moving party shall prepare a motion and order to seal and shall bring such papers to the (c) District Judge to whom the matter has been assigned rather than file them in the Clerk's Office. (d) The moving party shall contact the Assistant United States Attorney assigned to the investigation to determine whether a prior miscellaneous matter in the same grand jury investigation has resulted in the assignment of a District Judge. (e) All miscellaneous matters regarding grand juries sitting in Detroit shall be ssigned by random method to District Judges in active service in Detroit, except the Chief Judge.

All miscellaneous matters regarding grand juries sitting in Bay City or Flint shall be assigned to the District Judge designated by the Chief Judge to act for the Court in supervising the grand jury in that place of holding court. COMMENT: LCrR 6.1(e) makes clear that miscellaneous matters relating to grand juries, e.g. motions to quash grand jury subpoenas, are assigned by random method to District Judges in Detroit and are not directed to the Chief Judge under LCrR 6.1(a). July 1, 1992 127 United States District Court Eastern District of Michigan LCrR 10.1 Arraignments (a) If a defendant is arrested on a warrant or is otherwise in custody, the United States Attorney shall schedule the case for arraignment. In the case of a voluntary appearance, the United States Attorney shall schedule the arraignment and inform defendant or defendant's attorney, if defendant is represented by counsel, of the time and date of the arraignment.

(b) On the scheduled arraignment date, the defendant's attorney shall inform the defendant to report to the Pretrial Services Agency for a bond recommendation prior to the arraignment. If the defendant is not represented by counsel, the United States Attorney shall so inform the defendant. The defendant's attorney shall inform the defendant to report to the United States Marshals (c) Service for processing after completion of the Pretrial Services Agency interview. (d) All arraignments shall be conducted pursuant to Fed. R. Crim. P. 10.

July 1, 1992 128 United States District Court Eastern District of Michigan LCrR 12.1 Motion Practice (a) Motions in criminal cases shall be filed in accordance with the procedures set forth in LR 7.1. Pretrial motions shall be filed within the time specified in the standing order of discovery and (b) inspection and fixing motion cut-off date in criminal cases unless modified by order of the District Judge. COMMENT: LCrR 12.1 should be read with Fed. R. Crim. P. 47. July 1, 1992 129 United States District Court Eastern District of Michigan LCrR 12.2 Ex Parte Motion Under the Criminal Justice Act Ex parte motions permitted pursuant to the Criminal Justice Act, 18 U.S.C. § 3006A(e)(1), shall be filed with the District Judge or Magistrate Judge assigned to the case rather than in the Clerk's Office and shall be filed under seal.

COMMENT: While ex parte motions are not routinely permitted, the Criminal Justice Act authorizes ex parte motions under limited circumstances. July 1, 1992 130 United States District Court Eastern District of Michigan LCrR 17.1 Subpoenas (a) Defendant Unable to Pay (1) Subpoenas Served Within 100 Miles. For subpoenas to be served within 100 miles from the place of holding court, defense counsel appointed under the Criminal Justice Act and federal defenders may obtain witness subpoenas from the clerk’s office. The clerk must issue those subpoenas signed, sealed, and designated in forma pauperis, but otherwise in blank.

By completing such a subpoena, defense counsel certifies that in counsel’s opinion the witness’s presence is necessary to an adequate defense. (2) Subpoenas Served More Than 100 Miles Away. For subpoenas to be served more than 100 miles from the place of holding court, an application for issuance of a subpoena in forma pauperis must be made to the Court. The application may be made ex parte.

(b) A party seeking a subpoena for books, papers, documents, data, or other objects under Fed. R. Crim. P. 17(c) in advance of trial must seek prior approval from the court. An application for approval may be made ex parte. The subpoena must state that the requested items must be returned to the chambers of the assigned judge. COMMENT: LCrR 17.1 should be read with Fed. R. Crim. P. 17 (which is substantially similar to Fed R. Civ. P. 45).

Paragraph (b) provides guidance for the issuance and return of subpoenas under Fed. R. Crim. P. 17(c). That rule was “not intended to provide a means of discovery for criminal cases,” but it was designed “to expedite the trial by providing a time and place before trial for the inspection of subpoenaed materials.” United States v. Nixon, 418 U.S. 683, 698-99 (1974). To facilitate court supervision of subpoenas directed to third parties, subpoenas issued under that rule must specify that the items sought be returned to the court, and not elsewhere, such as a lawyer’s office. July 1, 2017 131 United States District Court Eastern District of Michigan LCrR 18.1 Assignment of Criminal Cases to Places of Holding Court Counties and Places of Holding Court.

Criminal cases shall be assigned to the place of holding (a) court which serves the county in which the offense is alleged to have been committed: (1) Jackson, Lenawee, Macomb, Monroe, Oakland, St. Clair, Sanilac, Washtenaw and Wayne counties for which the places of holding court are Ann Arbor, Detroit and Port Huron. (2) Genesee, Lapeer, Livingston and Shiawassee counties for which the place of holding court is Flint. (3) Alcona, Alpena, Arenac, Bay, Cheboygan, Clare, Crawford, Gladwin, Gratiot, Huron, Iosco, Isabella, Midland, Montmorency, Ogemaw, Oscoda, Otsego, Presque Isle, Roscommon, Saginaw and Tuscola counties for which the place of holding court is Bay City. Improper Assignments.

A case improperly assigned to a place of holding court shall be (b) transferred to the proper location by order of the Court. April 3, 1995 132 United States District Court Eastern District of Michigan LCrR 32.1 Guideline Sentencing (a) Not less than 35 days before the sentencing date, the probation officer must disclose the presentence investigation report, excluding the probation officer's recommendation, to the pro se defendant or to defense counsel and government counsel. The presentence report is disclosed under 18 U.S.C. § 3552(d): (1) (2) when it is physically or electronically delivered, or three days after it is mailed. Within 14 days after disclosure, the pro se defendant or counsel for the defendant and counsel (b) for the Government shall communicate to the probation officer and to each other any objections to any material information, sentencing classifications, sentencing guideline ranges, and policy statements which are contained in, or omitted from, the report.

Such communication shall be in writing and shall be signed by the defendant or counsel for the defendant or counsel for the Government, or in another manner as the Court directs. Any response to an objection shall be in writing and submitted directly to the probation officer, with copies furnished to all parties. (c) After receiving a timely objection or response, the probation officer shall immediately conduct a further investigation and make such revisions to the presentence report as are warranted. The probation officer may require each counsel or pro se defendant to meet with the officer to discuss any unresolved factual and legal issues.

Prior to the date set for sentencing, the probation officer shall submit the presentence report to (d) the sentencing judge. The report shall be accompanied by (1) an addendum which shall set forth any unresolved objections that counsel or the pro se defendant may have and any response thereto, and (2) the comments of the probation officer. The probation officer shall certify that the contents of the report, including any revisions and the addendum, have been disclosed to the defendant and counsel for the defendant and counsel for the Government, and that the addendum to the presentence report, if any, fairly states all of the remaining objections. After reviewing the presentence report and addendum, the Court, upon a showing of good cause, (e) may allow a new objection to be raised at any time prior to the imposition of sentence.

(f) When the Court resolves disputed sentencing factors, it shall notify the parties of its tentative findings and provide a reasonable opportunity for the submission of oral or written objections to the Court before the imposition of sentence. If the Court determines that a hearing is necessary to resolve disputed sentencing factors, a hearing shall be held for that purpose upon reasonable notice to all interested parties. See Fed. R. Crim. P. 32. A party who submits a document to the Court shall serve a copy of the document on the probation (g) officer.

(h) The times set forth in this LCrR may be modified by the Court upon a showing of good cause. (i) The presentence report, any objections thereto, and any correspondence between counsel and a probation officer concerning any such objections shall be maintained in confidence and shall not be disclosed to any person other than the defendant, counsel for the defendant, counsel for the Government, other persons assisting counsel in the discharge of their professional responsibility representing the client, the probation officer, the Court, and the United States Sentencing Commission without a prior order of the Court authorizing such disclosure. 133 United States District Court Eastern District of Michigan COMMENT: LCrR 32.1(g) requires service on the probation officer of a copy of any document submitted to the Court under LCrR 32.1. LCrR 32.1(a) provides that disclosure is “under 18 U.S.C. § 3552(d).” The statute requires disclosure “at least ten days prior to the date set for sentencing, unless this minimum period is waived by the defendant.” The 35-day requirement of Fed R Crim P 32(e)(2) supersedes the statutory ten-day requirement.

November 1, 2017 134 United States District Court Eastern District of Michigan LCrR 32.2 Standard Conditions of Probation and Supervised Release The following standard mandatory and discretionary conditions, which the Court has adopted, will be included in every sentence of probation, and for every sentence that includes a provision for supervised release: 1. You must report to the probation office in the federal judicial district where you are authorized to reside within 72 hours of your release from imprisonment, unless the probation officer instructs you to report to a different probation office or within a different time frame. 2. After initially reporting to the probation office, you will receive instructions from the court or the probation officer about how and when you must report to the probation officer, and you must report to the probation officer as instructed.

3. You must not knowingly leave the federal judicial district where you are authorized to reside without first getting permission from the court or the probation officer. 4. You must answer truthfully the questions asked by your probation officer.

5. You must live at a place approved by the probation officer. If you plan to change where you live or anything about your living arrangements (such as the people you live with), you must notify the probation officer at least 10 days before the change. If notifying the probation officer in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72 hours of becoming aware of a change or expected change.

6. You must allow the probation officer to visit you at any time at your home or elsewhere, and you must permit the probation officer to take any items prohibited by the conditions of your supervision that he or she observes in plain view. 7. You must work full time (at least 30 hours per week) at a lawful type of employment, unless the probation officer excuses you from doing so.

If you do not have full-time employment you must try to find full-time employment, unless the probation officer excuses you from doing so. If you plan to change where you work or anything about your work (such as your position or your job responsibilities), you must notify the probation officer at least 10 days before the change. If notifying the probation officer at least 10 days in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72 hours of becoming aware of a change or expected change. 8.

You must not communicate or interact with someone you know is engaged in criminal activity. If you know someone has been convicted of a felony, you must not knowingly communicate or interact with that person without first getting the permission of the probation officer. 9. If you are arrested or questioned by a law enforcement officer, you must notify the probation officer within 72 hours.

10. You must not own, possess, or have access to a firearm, ammunition, destructive device, or dangerous weapon i.e., anything that was designed, or was modified for, the specific purpose of causing bodily injury or death to another person such as nunchakus or tasers). 11. You must not act or make any agreement with a law enforcement agency to act as a confidential human source or informant without first getting the permission of the court.

12. If the probation officer determines that you pose a risk to another person including an organization), the probation officer may require you to notify the person about the risk and you 135 must comply with that instruction. The probation officer may contact the person and confirm that you have notified the person about the risk. 13.

You must follow the instructions of the probation officer related to the conditions of supervision. United States District Court Eastern District of Michigan COMMENT: In United States v. Hayden, 102 F.4th 368 (6th Cir. 2024), the court of appeals explained that supervised release conditions fall into three categories: “(1) mandatory conditions required by statute; (2) standard conditions that are either (a) recommended in all cases, such as the suggested extensions of the mandatory conditions, (b) special conditions for specific circumstances such as any sex offense, or (c) additional special conditions such as a curfew appropriate on a case-by- case basis; and (3) other discretionary conditions.” Id. at 372. Mandatory and standard conditions that are recommended in all cases may be incorporated by reference at a sentencing hearing if they are “contained in a publicly available districtwide order, an individual defendant's presentence investigation report, or other document provided to the defendant before sentencing.” Ibid.

The court has adopted these mandatory and discretionary conditions, and sentencing judges may incorporate them by reference at sentencings. January 1, 2025 136 United States District Court Eastern District of Michigan LCrR 32.3 Preliminary Orders of Forfeiture In all cases in which the government intends to ask for forfeiture of property or a money judgment in lieu of forfeiture as part of the judgment of sentence, the government must file and serve its motion for entry of a preliminary order of forfeiture no later than three weeks before the initial date scheduled for the sentencing hearing, unless the government demonstrates that it is impracticable to do so. COMMENT: Federal Rule of Criminal Procedure 32.2 says preliminary orders should be entered promptly after conviction and in advance of sentencing. Establishing a deadline for filing a motion for entry of such orders will allow the defendant and the court sufficient time in advance of the sentencing hearing to address any disputes over the forfeiture of property or a money judgment.

January 1, 2025 137 United States District Court Eastern District of Michigan LCrR 46.1 Release from Custody Eligibility for release prior to trial shall be in accordance with the Bail Reform Act, 18 U.S.C. §§ (a) 3141-3142. An individual posting bond with the Clerk's Office shall present a copy of the order setting (b) conditions of the bond signed by the District Judge or Magistrate Judge. (1) Only money order or cashier's check made payable to "Clerk, United States District Court", or credit card is acceptable for a cash bond. (2) for a bond.

Unless approved in writing by a District Judge, property shall not be accepted as collateral (3) Court personnel shall not recommend specific bail bonding agencies. (c) To recover money posted as bond, a District Judge's or Magistrate Judge's order releasing the bond must be on file in the Clerk's Office and the individual must present the original receipt and personal identification. The Clerk's Office will issue a check in the name of the owner of the cash identified in the affidavit accompanying the original bond. (d) The court will not accept a member of the bar in active practice, or officer or employee of the court or the United States Marshals Service as a surety, except that a district judge may approve a member of the bar as a surety for a family member if the attorney is not counsel of record in the case.

COMMENT: The Court accepts the following credit cards for a cash bond: VISA, MasterCard, American Express, Discover, and Diners Club. November 1, 2014 138 LCrR 49.1 (Reserved) This rule has been deleted. See Fed. R. Crim. P. 49. April 1, 2019 United States District Court Eastern District of Michigan 139 United States District Court Eastern District of Michigan LCrR 50.1 Prompt Disposition of Criminal Cases The Judges of the United States District Court for the Eastern District of Michigan have adopted a Speedy Trial Act Plan which has been approved by the Chief Judge of the United States Court of Appeals for the Sixth Circuit, to minimize undue delay and further the prompt disposition of criminal cases.

A copy of the Plan is available in the Clerk's Office for use by counsel and the public. July 1, 1992 140 United States District Court Eastern District of Michigan LCrR 57.1 Appearances by Attorneys in Criminal Cases (a) An attorney, whether retained or appointed, who enters a post-indictment appearance shall continue to represent the defendant until the case is dismissed, the defendant is acquitted, or the direct appeal is completed unless the attorney is granted leave to withdraw by the District Court or the Court of Appeals if notice of appeal has been filed. (b) In cases where appointments under the Criminal Justice Act (CJA) have been made to a mentee attorney under the CJA mentorship program, the mentee attorney shall file an appearance that clearly states that the attorney is appointed as a mentee. A mentee shall work on the case only under the direction of the appointed CJA attorney serving as a mentor.

The mentee shall not appear in court unless under the in-person supervision of the appointed CJA attorney assigned as a mentor. If the CJA attorney assigned as a mentor is allowed to withdraw, the mentee shall also be relieved as counsel in the case. (c) Mentor-mentee pairings normally should be limited to one pairing per defendant in a case. (d) Except for the automatic withdrawal of a mentee attorney provided in subsection (b), an attorney who has appeared in a criminal case may thereafter withdraw only by written motion served upon the defendant personally or at the defendant's last-known address and upon all other parties.

The Court may deny a motion to withdraw if the attorney's withdrawal would unduly delay trial of the case, or be unfairly prejudicial to any party, or otherwise not be in the interest of justice. The United States Attorney shall advise the Clerk and the District Judge to whom the case is (e) assigned regarding any change in the attorney for the United States responsible for the prosecution. COMMENT: LCrR 57.1 should be read with Fed. R. Crim. P. 44. COMMENT: By Administrative Order 24-AO-011, effective June 1, 2024, the Court adopted temporary amendments to LCrR 57.1 to implement a pilot mentorship program proposed by the Federal Community Defender’s Office and adopted by the Court.

The temporary amendments add subsections (b) and (c), governing appearances by mentee attorneys. June 1, 2024 141 United States District Court Eastern District of Michigan LCrR 57.2 Review of Order of Magistrate Judge A motion for review of a release or detention order as provided in 18 U.S.C. § 3145 (a) and (b) entered by a magistrate judge in a preliminary criminal proceeding which has not been assigned to a district judge shall be heard and decided by the district judge who was the presiding judge on the date the magistrate judge's order was entered. If that judge is not available, the motion will be heard and decided by a district judge selected by random method. If the judge selected is not available, the motion will be heard and decided by the district judge who was the presiding judge on the date the motion was filed.

COMMENT: As an example of a matter covered by LCrR 57.2, an appeal of a magistrate judge's bond order is properly before the judge who was presiding judge on the date the bond order was entered if the case has not been assigned to a district judge. Pursuant to LR 77.2(c), if the district judge who was the presiding judge on the date the motion was filed is not available, and no arrangements have been made for another judge to act as presiding judge, the Clerk’s Office will contact judges, beginning with the most senior district judge in active service in Detroit until an available judge is found to act as presiding judge. Appeals of a magistrate judge’s bond order arising out of the Flint location in cases where no district judge is assigned will be heard by the presiding judge in Flint. See LR 77.2(f).

April 1, 2021 142 United States District Court Eastern District of Michigan LCrR 57.3 Recording of Proceedings All initial appearances and arraignments shall be recorded. Attorneys may order copies of these proceedings from the Court Reporting Supervisor. July 1, 1992 143 United States District Court Eastern District of Michigan LCrR 57.10 Assignment and Reassignment of Criminal Cases to Judges (a) Assignment of Criminal Cases to Judges. (1) In Ann Arbor, Detroit and Port Huron, the Clerk shall employ a random method for the assignment of criminal cases to Judges.

(2) (3) City. In Flint, the Clerk shall assign criminal cases to the Judge regularly holding court in Flint. In Bay City, the Clerk shall assign criminal cases to the Judge regularly holding court in Bay (4) Assignment of criminal cases to the Chief Judge, to senior Judges, and, in cases of emergency to Judges in active service, shall be as provided by administrative order authorized by the Court. (b) Reassignment of Criminal Cases.

(1) Cases shall be reassigned only by order of the Court. (2) To promote docket efficiency, or to conform to the requirement of any case management plan adopted by the Court, or upon consent of the parties, or after notice and hearing, or in the interests of justice, the Chief Judge may order a criminal case to be reassigned, but only with the consent of the Judge to whom the case was originally assigned and with the consent of the Judge to whom it is to be reassigned. (3) Reassignment of cases because of a change in judicial personnel shall be in accordance with an administrative order authorized by the Court. (4) Companion Cases.

(A) Companion cases are those cases in which it appears that: (i) substantially similar evidence will be offered at trial, or the same or related parties are present, and the cases arise out of the same transaction or occurrence. Cases may be companion cases even though one of them may have already been terminated. (ii) (B) Counsel, including the United States Attorney, or a party without counsel shall be responsible for bringing such cases to the attention of the Court by responding to the questions included on the criminal case cover sheet. (C) When it becomes apparent to the Judge to whom a case is assigned and to a Judge having an earlier case number that two cases are companion cases, upon consent of the Judge having the earlier case number, the Judge shall sign an order reassigning the case to the Judge having the earlier case number.

(5) Matters arising from a criminal case assigned to a judge who no longer receives any criminal cases because of death or retirement will be reassigned under LCrR 57.10(a). If a matter is reassigned under this subrule, matters arising in cases of co-defendants in multi-defendant cases will be reassigned to the judge to whom the first matter was reassigned. 144 United States District Court Eastern District of Michigan (c) Disqualification of Judge. (1) In Ann Arbor, Detroit and Port Huron, when a Judge to whom a criminal case is assigned is disqualified from hearing it, the Clerk shall reassign the case by random method.

(2) In Flint, when a Judge to whom a criminal case is assigned is disqualified from hearing it, the Clerk shall reassign the case in accordance with an administrative order authorized by the Court. (3) In Bay City, when a Judge to whom a case is assigned is disqualified from hearing it, the Clerk shall reassign the case in accordance with an administrative order authorized by the Court. (d) Superseding Indictments or Informations. (1) A superseding indictment or information shall be assigned to the Judge to whom the superseded matter was assigned when: (A) (B) government, or it merely corrects errors in names, dates and places, etc., or it is a follow-up to an indictment or information terminated on motion of the (C) it is a follow-up information involving different charges or added counts for purpose of a plea only, or (D) it is a follow-up to an indictment or information embracing the same subject matter terminated by motion of the defendant or on the Court's motion, or (E) it is a follow-up to an indictment or information embracing the same subject matter but containing additional defendants or charges.

(2) The United States Attorney shall attach a cover sheet in a form prescribed by the Clerk's Office to permit assignments according to this Rule. (3) Superseding indictments and informations shall not be filed in closed cases or cases where the last defendant has pleaded guilty and is awaiting sentencing. COMMENT: mean the earlier case filed as determined by date and time. (12/4/00) The “earlier case number” referred to in (b)(4)(C) will December 1, 2022 145 United States District Court Eastern District of Michigan LCrR 58.1 Forfeiture of Collateral in Lieu of Appearance in Accordance with Fed. R. Crim. P. 58(d)(1) (a) A person who is charged with a violation of a federal wildlife act, parking regulations governing federal buildings, national forest offenses, conduct on Postal Service property, motor vehicle violations on Postal Service property, violations of law on military property, or any other petty offense as defined in 18 U.S.C. § 19, may, in lieu of appearance, post collateral in the amount indicated for the offense, waive appearance before a Magistrate Judge, and consent to the forfeiture of collateral.

The offenses for which collateral may be posted and forfeited are set forth in an administrative order from the Court which may be obtained from the Clerk's Office. Those offenses marked with an asterisk and for which no amount of collateral is shown require a mandatory appearance before a Magistrate Judge. If a person charged with an offense under (a) fails to post and forfeit collateral, any punishment, (b) including fine, imprisonment or probation, may be imposed within the limits established by law upon conviction or after trial. If, within the discretion of the law enforcement officer the offense is of an aggravated nature, the (c) law enforcement officer may require appearance, and any punishment, including fine, imprisonment or probation, may be imposed within the limits established by law upon conviction or after trial.

Nothing in this LCrR shall prohibit a law enforcement officer from arresting a person for the (d) commission of any offense, including those for which collateral may be posted and forfeited, and requiring the person charged to appear before a Magistrate Judge or, upon arrest, taking the person immediately before a Magistrate Judge. July 1, 1992 146 LR-APPENDIX ECF UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN ELECTRONIC FILING POLICIES AND PROCEDURES Stephen J. Murphy, III Chief Judge Revised November 2025 Electronic Filing Policies and Procedures Eastern District of Michigan TABLE OF CONTENTS Introduction R1 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . R2 Scope of Electronic Filing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . R3 Eligibility and Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

R4 Non-Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . R5 Filing - In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . R6 Referencing the Court Record . . . . . . . . . . . . . . . . . . . . . . . . . . . R7 Filing - Civil Initiating Papers . . . . . . . . . . . . . . . . . . . . . . . . . . . .

R8 Filing - Criminal Initiating Papers . . . . . . . . . . . . . . . . . . . . . . . . . R9 Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 5 6 6 8 8 9 9 R10 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 R11 Entry of Court-Issued Papers . . . . . . . . . . . . . . . . . . . . . . . . . . .

11 R12 Proposed Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 R13 Docket/Official Court Record . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 R14 ECF Inaccessibility; Malfunctioning of Filing User’s Equipment . . 13 R15 Correcting Docket Entries Including Papers Filed in Error . . . . .

14 R16 Deadlines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 R17 Transcripts and Audio Files . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 R18 Retention Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 R19 Exhibits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15 R20 Access To Papers in ECF . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 R21 E-Government Act of 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Rev. 11/25 Electronic Filing Policies and Procedures Eastern District of Michigan EXHIBITS A B C D E Procedure to Address Non-Compliance with ECF Policies and Procedures Procedures Governing the Electronic Availability and Redaction of Transcripts Sample Index of Exhibits Ex Parte Motion for Leave to File an Exhibit in the Traditional Manner Administrative Order No. 07-AO-030, Federal Rules Governing Privacy Protection for Filings Made with the Court - Responsibility for Redaction Rev. 11/25 Electronic Filing Policies and Procedures Eastern District of Michigan Introduction As of June 1, 2004, the official record of filed cases shall be maintained electronically. These policies and procedures set forth the scope and requirements for filing users.

The Court approved mandatory electronic filing November 30, 2005. 1 Rev. 11/25 R1 Definitions Electronic Filing Policies and Procedures Eastern District of Michigan The following terms appear in these Electronic Filing Policies and Procedures: (a) “ECF Inaccessibility” is defined as a malfunction of ECF and/or PACER. This does not include malfunctioning of a filing user’s equipment. (b) “E-Government Act of 2002” establishes a broad framework for the use of technology to enhance public access to government information and services.

Pub.

L. No. 107-347, 116 Stat. 2899.

See 44 U.S.C. §§ 3601, et seq. (c) “Electronic Case Files” (hereinafter ECF) refers to the Court's automated system that receives and stores papers filed in electronic form. The program is part of the CM/ECF (Case Management/Electronic Case Files) software, which was developed for the Federal Judiciary by the Administrative Office of the United States Courts. (d) “Electronic Filing” means filing a paper over the Internet by a registered attorney or a non-incarcerated pro se party.

(e) “Filing User” is an attorney or a pro se party who has been granted permission by the Court to file papers electronically over the Internet in the Eastern District of Michigan. Pro se party refers to a non-incarcerated person only. (f) “Flatten” refers to the process of saving a Portable Document Format (PDF) file so that all fields will be consolidated to the same imaging level and the content is no longer interactive (see R1(m . 2 Rev. 11/25 Electronic Filing Policies and Procedures Eastern District of Michigan (g) “Hyperlink” is a selectable connection from a word, picture, or information object to another, providing a mechanism for navigating to information between or within electronic documents or to Internet material.

Hyperlinks are activated when the user clicks on an “active” region on the document. The active region is usually indicated by the highlighting or underlining of text. (h) “Initiating Papers” are comprised of the following: civil complaints, statements of disclosure of corporate affiliations and financial interest, notices of removal, criminal complaints, indictments or informations, and any other document filed with the Court that creates a new case and new case number on the Court's docket. (i) “Media File” is an audio or video recording that is presented in one of the following formats to be filed with the Court: avi, mov, mp3, mp4, mpeg, wav, wmv (see R19(c .

(j) “Notice of Electronic Filing” (hereinafter NEF) is a notice automatically generated by ECF at the time a paper is filed, setting forth the time of filing, the name of the filing user, the type of paper, the text of the docket entry, the name of the filing user receiving the notice, and an electronic link (hyperlink) to the filed paper, which allows recipients to retrieve the paper automatically. (k) “PageID” is a sequential page identification applied by the ECF system to each document that is initiated with the first filing of the case. The PageID 3 Rev. 11/25 Electronic Filing Policies and Procedures Eastern District of Michigan is found in the document header displayed at the top of every page in the ECF system. (l) “Paper” is defined as a pleading, motion, exhibit, declaration, affidavit, memorandum, order, notice, and any other filing by or to the Court.

(m) “Portable Document Format” (hereinafter PDF) refers to an electronic file that is converted to a format that will look the same on a computer screen and in print, regardless of the printer used to print it, and regardless of the software package originally used to create it. PDF papers must be: (1) flattened; and (2) submitted in a text-searchable format to the extent possible (see R5(c . (n) “Proposed Order” is a draft paper submitted for a judge's editing, if necessary, and signature, in a Microsoft Word compatible format and not in PDF (see R12(a . (o) “Public Access to Court Electronic Records” (hereinafter PACER) is an electronic public access service that allows users to obtain case and docket information online from federal appellate, district, and bankruptcy courts.

A PACER account upgraded or obtained after August 10, 2014 will allow a user to use the same account for PACER and e-filing access to this Court and other Courts where e-filing privileges are granted. (p) “Restricted Paper” means a filing that is not accessible to the public or the parties in the case. 4 Rev. 11/25 Electronic Filing Policies and Procedures Eastern District of Michigan (q) “Text-Only Order” is a docket entry that itself constitutes the order; no PDF or paper order is issued. These text-only orders, which are generally only used for routine matters, are official and binding.

(r) “Traditional Manner” means filing a paper (hard copy) or a physical object at a Clerk’s Office (see R19(d . (s) “Web-Based Resource” is material made available on the World Wide Web, accessed by means of a universal record locater (URL). R2 Scope of Electronic Filing All papers (not simply cases) filed June 1, 2004 and thereafter will be maintained as electronic case files no matter when a case was originally filed. R3 Eligibility and Registration (a) A filing user must be an attorney admitted and in good standing to practice in the Eastern District of Michigan, an attorney authorized to represent the United States Government, or a non-incarcerated pro se party granted permission to file on a case-by- case basis.

(1) Attorneys already admitted to practice who have a case pending before the Court must immediately comply with registration requirements outlined on the Court’s website to receive permission to file electronically. (2) Newly-admitted attorneys will be automatically registered as filing users as part of the admissions process. (b) (Reserved) (c) A filing user must have an upgraded PACER account (see R1(o . 5 Rev. 11/25 Electronic Filing Policies and Procedures Eastern District of Michigan (d) Each filing user is responsible for maintaining valid and current contact information in his or her PACER account1.

When a user’s contact information changes, the user must promptly update his or her PACER account. If the filing user has a pending case before the Court, the user must also promptly notify all parties in all cases. Electronic service upon an obsolete e-mail address will constitute valid service if the user has not updated the account profile with the new e-mail address. R4 Non-Compliance (a) The Court may excuse a party from electronic filing on motion for good cause shown.

(b) The Court may issue an order to show cause for repeated filing errors or other instances of non-compliance with these Policies and Procedures. The Court may also subject a filing user to sanctions in accordance with LR 11.1. See Procedure to Address Non-Compliance with ECF Policies and Procedures (EXHIBIT A). R5 Filing - In General (a) Filing users are required to file papers electronically.

(b) Filing users must comply with the courtesy copy policy of the judge to whom the case is assigned, as outlined in each judge’s practices guidelines appearing on the Court website. (c) A file created with a word processor, or a paper that has been scanned, must be converted to PDF to be filed electronically with the Court. Converted files contain 1 A filing user must maintain a primary email address to receive all NEFs as part of a user’s PACER account. Each primary email address must be the primary work email address for an individual attorney.

Generic email addresses, (e.g., [email protected], or [email protected]) may not be used as a primary email address. Pro Se filing users must provide their primary email address. In addition, a filing user has the option of maintaining a secondary email address with the Court. Instructions on establishing a secondary email address are found on the Court’s website.

6 Rev. 11/25 Electronic Filing Policies and Procedures Eastern District of Michigan the extension “.pdf”. Scanned papers must be text-searchable whenever possible. All fonts embedded in PDF records (except in papers that have been scanned) must have been publicly identified as a font that may be legally embedded (i.e., the font license permits embedding) in a file for unlimited, universal viewing and printing. Common font styles include but are not limited to the following: Courier, Arial, Times New Roman, Calibri, Century Schoolbook, Symbol and ZapfDingbats (see R1(m .

No embedded interactive content is allowed, such as embedded audio and video. If a party chooses to file audio or video recordings with the Court, the party must obtain leave of Court to file using the Media File Upload procedures under R19(c). (d) A hyperlink (as defined in R1(g contained in an electronic filing is merely a convenient mechanism created by the author for accessing Web-based resources (see R1(s . A hyperlink is not a part of the Court’s record.

Accordingly, the Court does not endorse nor exercise any responsibility over the content at the destination. Any hyperlink to a case or other authority included in an electronic filing must be expressed in the full traditional citation method for the cited authority. (e) A cited Web-based resource that refers to information that has not already been made part of the record, must be captured, preserved in PDF, and attached to the paper. The attachment should include a notation of the date it was viewed and the case to which it relates.

(f) Motions must be filed with an accompanying brief and any supporting affidavits/declarations as one PDF document (See LR 7.1(d . Motions must not be combined with any other stand-alone document. For example, a motion for preliminary relief must not be combined with a complaint. A counter-motion must not be combined 7 Rev. 11/25 Electronic Filing Policies and Procedures Eastern District of Michigan with a response or reply.

A motion for downward departure must not be combined with a sentencing memorandum. Papers filed in violation of this rule will be stricken. (g) Papers containing advertisements, which may be generated as a result of the use of free or trial-run PDF conversion software, will be stricken. (h) PDF files must be flattened (See R1(f .

R6 Referencing the Court Record A filing user referring to a portion of the record previously filed shall make reference to the PageID (see R1(k identified thereon, following the citation form identified below. Pro se litigants are exempt from this requirement. TO REFERENCE: A single page Multiple sequential pages Multiple pages that are not in succession CITATION FORM EXAMPLE: PageID.234 PageID.234-235 PageID.234, 238, 245 The citation form for any filing that references a portion of a different case record within the Eastern District of Michigan shall be preceded with the 13-character case number for that other case (e.g., 1:19-cv-59999 PageID.234). [NOTE: PageID numbers are assigned to restricted papers (see R1(p but will not be available to filing users for referencing.] If a media file is filed as an exhibit to a paper, the filing user must include a timestamp citation wherever it is referenced in the paper (e.g., Exhibit A – Dashcam video 4:36 – 6:03) (see R19(c . R7 Filing - Civil Initiating Papers 8 Rev. 11/25 Electronic Filing Policies and Procedures Eastern District of Michigan (a) Filing users must file civil initiating papers and request for issuance of a summons electronically.

A case is not considered filed until an initiating paper has been uploaded and a judicial officer has been assigned to the case. (b) Payment of initial filing fees may be accomplished electronically at the time the initiating papers are filed and is the Court’s preferred method. If payment is not made at that time, the filing user has seven calendar days to remit payment to the Clerk’s Office or file an application to proceed in forma pauperis, or the case may be dismissed by the assigned judicial officer. (c) Corporate plaintiffs must file the Statement of Disclosure of Corporate Affiliations and Financial Interest in accordance with LR 83.4, along with initiating papers.

Corporate defendants in either civil or criminal cases should e-file the Statement as one of the first pleadings or papers filed with the Court, or as soon as the party becomes aware of the corporate affiliation or financial interest, or as otherwise ordered by the judge to whom the case is assigned. (d) A pro se party does not have permission to file civil initiating papers electronically in ECF. R8 Filing - Criminal Initiating Papers Criminal initiating papers may be filed in the traditional manner or may be filed electronically by the United States Government. R9 Service (a) Fed. R. Civ. P. 5(b) and Fed. R. Crim. P. 49(b) do not permit electronic service of process for purposes of obtaining personal jurisdiction, i.e., Rule 4 service.

Therefore, service of process must be effected in the traditional manner. 9 Rev. 11/25 Electronic Filing Policies and Procedures Eastern District of Michigan (b) Whenever a non-restricted paper is filed electronically in accordance with these procedures, ECF will generate a NEF to all filing users associated with that case and to the judge to whom the case is assigned. Sealed papers, allowed by court order or statute, must be filed electronically and served in the traditional manner on all applicable parties as prescribed by Fed. R. Civ. P. 5(b)(A)-(D). (c) (Reserved) (d) (Reserved) (e) A party who is pro se and not a filing user, or a party excused from electronic filing under Fed. R. Civ. P. 5(d)(3)(A), is entitled to a hard copy of any paper filed electronically.

Service of such copy must be made according to the federal rules of procedure (civil and criminal) and local rules. Unless otherwise ordered by the Court, an attorney who is not a filing user is not entitled to this traditional service. R10 Signatures (a) See Fed. R. Civ. P. 5(d)(3)(C). (b) A paper filed electronically must include a signature block containing the name of the filing user represented by “s/”, “/s/” or a scanned signature, firm name (if applicable), street address, telephone number, primary e-mail address, and bar ID number (where applicable).

The format of the signature block should substantially conform to the following sample: SAMPLE: s/John Doe Doe Law Firm 123 Main Street Detroit, MI 48200 (313) 555-1234 [email protected] P12345 10 Rev. 11/25 Electronic Filing Policies and Procedures Eastern District of Michigan (c) A paper containing the signature of a defendant in a criminal case shall be scanned and filed by filing users or Court personnel. (d) An affidavit, declaration or paper containing the signature of a non-attorney shall be scanned and filed electronically. (e) A paper requiring the signature of more than one party shall be filed electronically by: (1) representing the consent of the other parties on the paper by including the name of the consenting party in a separate signature block as shown in the following sample; SAMPLE: s/ with consent of Jane Roe Law Office of Roe & Roe 456 Mockingbird Lane Ann Arbor, MI 49888 (734) 555-6789 [email protected] P23456 or (2) submitting a scanned paper containing all necessary signatures, or (3) in any other manner approved by the Court. (f) No filing user may submit a paper with an electronic signature unless the filing user has permission of the signatory.

R11 Entry of Court-Issued Papers (a) All signed orders will be filed by Court personnel. Any order signed electronically (with s/judge's name) shall have the same force and effect as if the judge had affixed his or her signature to a hard copy of the order and it had been entered on the docket in the traditional manner. 11 Rev. 11/25 Electronic Filing Policies and Procedures Eastern District of Michigan (b) The judge to whom a case is assigned may issue routine text-only notices and orders for which ECF will generate a NEF. The text-only order entry shall constitute the Court’s only order on the matter.

In civil cases, such notices and orders may include but are not limited to notices setting or modifying a schedule, orders extending time, and orders granting leave to file papers. In criminal cases, such orders could include orders of dismissal filed under Fed. R. Crim. P. 48(a) and orders unsealing documents. R12 Proposed Orders (a) Proposed orders (see R1(n must be submitted to the judge to whom the case is assigned or to the magistrate judge to whom the matter is referred via the link located under the Utilities section of ECF. This link may not be used for any other purpose.

Proposed orders must not include the judge’s electronic signature. (1) If the movant (filing user) obtains concurrence pursuant to E.D. Mich. LR 7.1(a)(1), the proposed stipulated order must be submitted via the link referred to in (a). (2) If concurrence is obtained and the movant (filing user) prepares a separate stipulation and separate proposed order, the stipulation must be submitted with the proposed order via the link referred to in (a), unless: (i) the stipulation requires the signature of a pro se party who is not a filing user or a non-attorney, in which case the stipulation is to be electronically filed and the proposed order submitted via the link referred to in (a); or (ii) the stipulation is regarding trial exhibits for appeal purposes and does not require an order signed by a district or magistrate judge.

12 Rev. 11/25 Electronic Filing Policies and Procedures Eastern District of Michigan (3) Proposed orders shall not be combined with ex-parte motions. The ex-parte motion must be filed electronically first and the proposed order must be submitted via the link referred to in (a). (4) An exception to the submission of proposed orders via the link referred to in (a) is found in E.D. Mich. LR 58.1(c).

(b) The movant (filing user) must provide all other parties a copy of the proposed order either by e-mail or other form. ECF does not automatically generate an NEF or a copy of the proposed order for them. (c) Alternatively, a motion or stipulation may request that routine relief be granted by text-only order. Such orders are official and binding.

R13 Docket/Official Court Record A paper filed electronically in accordance with these policies and procedures shall constitute entry of that paper on the docket kept by the Clerk under Fed. R. Civ. P. 58 and 79, and Fed. R. Crim. P. 55. R14 ECF Inaccessibility; Technical Difficulties with Filing User’s Equipment (a) If ECF inaccessibility (see R1(a is prolonged, the Court will send an e-mail to primary and secondary e-mail addresses to notify users of the problem. The Court will send another e-mail when ECF is accessible. If a filing user has a deadline during that time, he or she should contact the judicial officer’s chambers to seek appropriate relief.

(b) A filing user experiencing technical difficulties on his or her own equipment should make every effort to honor deadlines but may also seek appropriate relief from the Court by contacting chambers. 13 Rev. 11/25 Electronic Filing Policies and Procedures Eastern District of Michigan R15 Correcting Docket Entries Including Papers Filed in Error Once a paper is filed electronically and becomes part of the docket, corrections to the docket may be made only by the Clerk’s Office. If a paper is filed in error, the filing user must seek appropriate relief from the Court. R16 Deadlines (a) A paper filed electronically is deemed filed on the date and time stated on the NEF.

(b) Filing electronically does not alter the filing deadline for a paper. Filing users are encouraged to file electronically during ordinary business hours; however, filing electronically must be completed before 12:00 midnight (Eastern Time) in order to be considered timely filed that day. In accordance with Fed.R.Civ.P. 6(d) and Fed.R.Crim.P. 45(c), service by electronic means is governed by Federal Rule of Civil Procedure 5(b)(2)(E). R17 Transcripts and Audio Files of Federal Court Proceedings (a) Transcripts of federal court proceedings will be filed electronically in ECF by the court reporter, transcriber, or Court personnel.

(b) Access to transcripts of federal court proceedings will be governed by the Court’s Procedures Governing the Electronic Availability and Redaction of Transcripts (EXHIBIT B). (c) An audio file uploaded in ECF by the Court is a copy of the original audio recording and provided as a convenience to filing and PACER users. A transcript must still be produced in accordance with 28 U.S.C. § 753(b). 14 Rev. 11/25 Electronic Filing Policies and Procedures Eastern District of Michigan R18 Retention Requirements The official Court record shall be the electronic file maintained on the Court’s servers and any papers allowed to be filed in the traditional manner.

The Clerk’s Office will discard all papers brought to the Clerk’s Office for entry on the docket after those papers are scanned and uploaded to ECF. Therefore, the Court encourages filing users to retain the originals of papers with intrinsic value. R19 Exhibits (a) In General An exhibit available in original electronic format must be converted to PDF, made text-searchable and filed electronically. An exhibit available in paper must be scanned as an electronic image, converted to PDF, made text-searchable and filed electronically.

If an individual exhibit’s file size is larger than 50 megabytes, filing users must divide the exhibit into separate files, each smaller than 50 megabytes, and upload the files. Filing users must file only portions of exhibits that are germane and shall not include any paper that is already part of the record. Previously filed papers should be referenced using the PageID (see R6). The offering party shall retain hard copies, or accurate electronic copies, of exhibits until entry of final orders by the District Court and, if applicable, appellate courts.

(b) Filing Exhibits to Papers Electronically For exhibits filed electronically, filing users must use the following procedure: 15 Rev. 11/25 Electronic Filing Policies and Procedures Eastern District of Michigan (1) Unless there is only one exhibit, the filing user must prepare an index of exhibits and file the index as the first attachment to the paper. Each exhibit must be described on the index both by an exhibit identifier and by a brief narrative description. See Sample Index of Exhibits (EXHIBIT C). (2) Each exhibit then must be filed and identified as a separate attachment to the paper and must be labeled in the electronic record with an exhibit identifier and brief narrative description.

SAMPLE DOCKET ENTRY: Motion for Summary Judgment filed by ABC Company (Attachments: #1 Index of Exhibits #2 Exhibit A - Affidavit of John Smith #3 Exhibit B - Excerpts from Jane Doe’s Deposition #4 Exhibit C1 - Contract Between XYZ Company and ABC Company, pages 1-35 #5 Exhibit C2 - Contract Between XYZ Company and ABC Company, pages 36-69 #6 Exhibit D - XYZ Company General Ledgers) (c) Media Files Media files (see R1(i , such as an audio clip or video clip, may be filed only with leave of court. A filing user must file a motion for leave in accordance with L.R. 7.1 and include the following: (1) A statement regarding concurrence pursuant to L.R. 7.1(a); (2) A description of the content of the media file; (3) A concise explanation of how the media file provides factual support to the motion, response, reply or memorandum; (4) Whether the media file has been or will be used in a court proceeding; and 16 Rev. 11/25 Electronic Filing Policies and Procedures Eastern District of Michigan (5) Whether the content of the media file complies with the privacy protections outlined in the E-Government Act of 2002 and all other applicable law (see R21). If the Court grants the motion, the filing user must provide a timestamp reference to the part of the media file that is offered in support of the corresponding paper (see R6). All audible portions of a media file must be transcribed; the transcript must be filed in written form as an exhibit to the paper (see R19(a .

The approved media file exhibit is submitted using the electronic portal called “Media File Upload” located in the ECF system and then must be filed according to the following procedures: (1) The filing user must prepare an index of exhibits. This index must be filed as an attachment to the main paper and must state that the media file exhibit is being filed under this rule. (2) The filing user shall file the media file exhibit via the portal. The Clerk's Office will note on the docket its receipt of the exhibit.

(3) The filing user shall file the transcription of any audible portions of the media file as an attachment to the main paper. (4) A filing user must serve materials filed under this rule on other parties in accordance with the federal and local rules, and file a certificate of service. Files submitted without leave, not in the proper format or not in compliance with the above procedures may be stricken. 17 Rev. 11/25 Electronic Filing Policies and Procedures Eastern District of Michigan (d) Physical Objects A filing user with a physical object must obtain leave of court to file it in the traditional manner.

See Ex Parte Motion for Leave to File an Exhibit in the Traditional Manner (EXHIBIT D). If the Court grants a filing user’s motion, an original and judge’s courtesy copy (if practicable) must be brought or mailed to the Clerk’s Office for filing. Physical objects must have a label physically attached that include a case number, date of the order granting permission to file and a description. The exhibit then must be filed according to the following procedures: (1) The filing user must prepare an index of exhibits.

This index must be filed as an attachment to the main paper and must state the exhibit is being filed under this rule. (2) The filing user shall file the exhibit in the traditional manner. The Clerk's Office will note on the docket its receipt of the exhibit. (3) A filing user must serve materials filed under this rule (if practicable) on other parties in accordance with the federal and local rules, and file a certificate of service.

R20 Access To Papers in ECF (a) A person may retrieve information from ECF at the Court’s Internet site by obtaining a PACER login and password. A person who has PACER access may retrieve the docket and papers in civil cases, except immigration and social security benefits cases. In immigration and social security benefits cases, only counsel of record or parties 18 Rev. 11/25 Electronic Filing Policies and Procedures Eastern District of Michigan in the case may retrieve papers. Judicial Conference of the United States policy prohibits routine public access via the Internet of immigration and social security benefits cases.

(b) A person who has PACER access may retrieve the docket and papers filed after November 1, 2004 in a criminal case. However, only counsel of record in a case, or a pro se defendant with PACER access, may retrieve papers filed before November 1, 2004. R21 E-Government Act of 2002 Privacy protection for filings made with the Court is governed by Fed.R.Civ.P. 5.2 and Fed.R.Crim.P. 49.1. To supplement the federal rules, the Court has entered an administrative order (EXHIBIT E) which makes it clear that counsel and the parties are responsible for redacting filings with the Court.

The Clerk’s Office will not review papers for compliance with the federal rules. 19 Rev. 11/25 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN PROCEDURE TO ADDRESS NON-COMPLIANCE WITH ECF POLICIES AND PROCEDURES (Revised September 2009) I. Authority At the May 2007 Judges’ Meeting, the Court approved a Procedure to Address Non- Compliance with the ECF Policies and Procedures (Appendix ECF to the Local Rules). II. Overview With each e-filing error or instance of non-compliance a Notice of E-Filing Error or Notice of Non-Compliance will be generated and served on the filing user, opposing counsel, and the judge’s chambers.

Action will be taken after there have been a combined threshold of three occurrences of e-filing errors, or non-compliance, or a combination of the two within a six-month period. The threshold will be met whether three violations occur in a single case or a single violation occurs in three different cases. With each violation, the offending filing user will receive a Notice of E-filing Error or Notice of Non-Compliance that will identify the problem and the course of action that should be taken. The Notice will caution the offending filing user that sanctions may result from repeated errors and/or instances of non-compliance.

III.

Definitions (A) E-filing Error. Electronically filing a document which violates the local and/or federal rules. (B) Non-Compliance. (1) Registered filing users filing a document in paper without leave of Court.

(2) Failure to update the Court with current contact information resulting in an e-mail being returned to the Court’s electronic mailbox as undeliverable. (3) An attorney who is admitted to practice before this Court, and has an active case or cases, but has not registered for electronic filing. (4) Any other violation of local and/or federal rules.

EXHIBIT A

Procedure to Address Non-Compliance with ECF Policies and Procedures (C) Chief Judge’s Designee. For purposes of this procedure, the Chief Judge has designated Judge Robert H. Cleland to act for the Court. IV. Clerk’s Office Contact After the third violation within a six-month period, the offending filing user will be contacted in writing by CM/ECF Help Desk personnel.

The offending filing user will be instructed to follow a prescribed course of action appropriate for the violations that have occurred. Appropriate action may include, but not be limited to, completion of online training, a violation warning or direction to review specific online content related to electronic filing. The user will be warned that further violations will be referred to the Chief Judge’s designee for further action. V. Further Violations Upon the fourth violation within a six-month period, the Chief Judge’s designee may issue an Order to Show Cause directing the offending filing user to explain the offending conduct.

The Chief Judge’s designee may take any remedial action deemed appropriate. Any additional violations within a six-month period may be considered contempt of court. If held in contempt, an appropriate monetary fine will be imposed. VI.

Newly-Admitted attorneys Newly admitted attorneys, who have a pending case at the time of admission, have up to two weeks from their admission date to register and otherwise comply with the ECF Policies and Procedures. Attorneys who do not have any active cases pending at the time of admission are not required to register until such time as the attorney has appeared in an active case. Approved: May 7, 2007 Revised: September 2009 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN PROCEDURES GOVERNING THE ELECTRONIC AVAILABILITY AND REDACTION OF TRANSCRIPTS (Revised September 2009) A. Authority At its September 2007 session, the Judicial Conference of the United States approved a new policy regarding the availability of transcripts of courtroom proceedings. The language from that session states: (1) (2) (3) A transcript provided to a court by a court reporter or transcriber will be available at the office of the clerk of court for inspection only, for a period of 90 days after it is delivered to the clerk.

During the 90-day period, a copy of the transcript may be obtained from the court reporter or transcriber at the rate established by the Judicial Conference, the transcript will be available within the court for internal use, and an attorney or party who obtains the transcript from the court reporter or transcriber may obtain remote electronic access to the transcript through the court’s CM/ECF system for the purposes of creating hyperlinks to the transcript in court filings or for other purposes. After the 90-day period has ended, the filed transcript will be available for inspection and copying in the clerk’s office and for downloading from the court’s CM/ECF system through the judiciary’s PACER system. In addition, amendments to the Federal Civil and Criminal Rules of Procedure that took effect on December 1, 2007, require that personal identification information be redacted from documents filed with the court - individuals’ Social Security numbers, names of minor children, financial account numbers, dates of birth, and, in criminal cases, home addresses. B. Procedures These procedures apply to all transcripts of federal court proceedings, or parts of federal court proceedings, filed by official court reporters, contract court reporters, and transcribers.

The responsibility to review the transcripts and request redactions, if necessary, rests solely with the attorneys and parties to the case.

EXHIBIT B

Procedures Governing the Electronic Availability and Redaction of Transcripts Nothing in these procedures creates a private right of action against the court, the official court reporter, the contract court reporter, or transcriber. Transcripts of federal court proceedings, or parts of federal court proceedings, will 1. be filed electronically in CM/ECF by the court reporter or transcriber. Transcripts will not be made electronically available for 90 calendar days from the date of filing, however they may be viewed at the clerk’s office using the public terminal. CM/ECF will calculate the release of transcript restriction deadlines.

2. Upon receipt of payment from the ordering party, the court reporter or transcriber will grant the attorney or party electronic access to the transcript in CM/ECF. If the transcript is ordered by a Federal Government agency, the agency will be granted access to the transcript in CM/ECF upon its completion. Any attorney or party needing to review the transcript for redaction purposes may 3. purchase a copy from the court reporter or transcriber, or view the transcript at the clerk’s office using the public terminal.

Once a prepared transcript is filed with the clerk’s office, the attorneys or parties in 4. the case are responsible for reviewing it for the personal data identifiers required by the federal rules to be redacted, and providing the court reporter or transcriber with a statement of the redactions to be made to comply with the rules. Attorneys and parties must request the redaction of the following personal data identifiers: • • • • • Social Security numbers (or taxpayer identification numbers) to the last four digits; financial account numbers to the last four digits; dates of birth to the year; names of minor children to the initials; and in criminal cases, any home addresses stated in court to the city and state. Unless otherwise ordered by the court, attorneys and parties must review the 5. following portions of the transcript: • • • • • opening and closing statements made on the party’s behalf; statements of the party; the testimony of any witnesses called by the party; sentencing proceedings; and any other portion of the transcript as ordered by the court. An attorney serving as “standby” counsel appointed to assist a pro se defendant in 6. his or her defense in a criminal case must review the same portions of the transcript as if the pro se defendant were his or her client.

The attorney conducting the review is entitled Procedures Governing the Electronic Availability and Redaction of Transcripts Page 3 to compensation under the Criminal Justice Act for functions reasonably performed to fulfill the redaction obligation and for reimbursement for related reasonable expenses. Within 21 days from the filing of the transcript, or longer if the court so orders, an 7. attorney or party must submit to the court reporter or transcriber a statement (Redaction Request) indicating where the personal data identifiers appear in the transcript, by page and line number, and how they are to be redacted. A copy must also be filed with the clerk’s office. [NOTE: The Court’s standard Redaction Request is attached. It is also available on the Court’s website.] 8.

If an attorney or party wishes to redact additional information, he or she may make a motion to the court within the 21-day period, with a copy served on the court reporter or transcriber. The transcript will not be electronically available until the court has ruled on any such motion, even though the 90-day restriction period may have ended. 9. If redaction is requested, the court reporter or transcriber must, within 31 days from the filing of the original transcript, or longer if the court so orders, perform the requested redactions and file a redacted version of the transcript with the clerk of court.

A copy of the redaction request must be retained by the court reporter or transcriber in order to have a record to support the redactions made. The redacted transcript will be available for remote access after 90 calendar days 10. from the date the original transcript was filed. The unredacted, original transcript will be retained by the clerk of court as a restricted document, and will continue to be available at the clerk’s office public terminal for viewing only. 11.

If, at the end of the 90-day restriction period, there are no redaction documents or motions linked to the transcript, CM/ECF will automatically remove the access restrictions. Transcripts that include voir dire or other juror information will only be available to 12. parties in the case if they are specifically requested. The voir dire transcript will be sealed to ensure a juror’s right to privacy. Parties to the case will be required to seek permission of the Court to use the transcript in any other proceeding except an appeal of the same case.

Members of the public must receive permission from the judge that ordered the voir dire transcript sealed prior to obtaining a copy of the transcript, and the transcript may be subject to redaction before it is given to any member of the public. C. Purchase of Transcripts by the Public Members of the public, including the news media, who purchase a transcript from the court reporter or transcriber within the 90-day restriction period, will not be granted remote electronic access during the restriction period. At the end of the restriction period, the public will be provided remote electronic access to the redacted transcript, or if no Procedures Governing the Electronic Availability and Redaction of Transcripts Page 4 redaction was done, to the transcript originally submitted, unless it is under seal. If both redacted and unredacted versions exist at the time a transcript is ordered by a member of the public, including the news media, the redacted transcript is the version that should be sold.

D. Redaction Procedures Court reporters and transcribers may perform the requested redactions manually or with the assistance of various software programs. To manually redact, an “x” should be placed in the space of each redacted character. Regardless of the method used, the page and line numbers of the original transcript must be preserved. E. Certification of Redacted Transcripts The title page of the transcript will include a notation of “REDACTED TRANSCRIPT” on a blank line immediately below the case caption and before the volume number and the name and title of the Judge.

At the end of the transcript, and without affecting the page number, the redacted transcript should be certified by the court reporter or transcriber by stating: “I (we) certify that the foregoing is a true and correct copy of the transcript originally filed with the clerk of court on mm/dd/yy, and incorporating redactions of personal identifiers requested by the following attorneys of record or parties: in accordance with Judicial Conference policy. Redacted characters appear as an “x” (or black box) in the transcript.” F. Remote Access and PACER Charges Charges for access through PACER will accrue during and after the 90-day restriction period. Charges will accrue for the entire transcript rather than being capped at 30 pages. The user will incur PACER charges each time the transcript is accessed even though he or she may have purchased it from the court reporter or transcriber and obtained remote access through CM/ECF.

There will not be a remote free copy of the transcript. In addition, the transcript policy approved by the Judicial Conference does not provide for a free copy of the transcripts for the Department of Justice at the clerk’s office. Procedures Governing the Electronic Availability and Redaction of Transcripts G. Effective Date These procedures apply to transcripts of court proceedings, or parts of proceedings, filed on or after June 16, 2008. Attachment MIED (Rev. 6/08) Redaction Request -Transcript UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN Plaintiff(s), Case No. v. Defendant(s). / REDACTION REQUEST – TRANSCRIPT Pursuant to Judicial Conference policy, redaction of transcript(s) on file in this case: requests (Please list the document number, page, and line number and a redacted identifier for each redaction necessary; e.g., Doc.

No. 15, Page 12, Line 9, Social Security No. to read xxx-xx-6130.) Document Number Page Number Line Number(s) Redacted Identifier MIED (Rev. 6/08) Redaction Request -Transcript The undersigned understands that redaction of information other than personal identifiers listed below requires an order of the court. Social Security or taxpayer-identification numbers to the last four digits Dates of birth to the year Names of minor children to the initials Financial account numbers to the last four digits Home addresses to the city and state (in a criminal case) The requesting party is responsible for providing a copy of this request to the Court Reporter. Date: Signature Bar No. Street Address City, State, Zip Code Telephone Number Primary Email Address UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SAMPLE INDEX OF EXHIBITS Exhibit Description A B C-1 C-2 D Affidavit of John Smith Excerpts from Jane Doe's Deposition Contract Between XYZ Company and ABC Company (Part 1, Pages 1- 35) Contract Between XYZ Company and ABC Company (Part 2, Pages 36- 69) XYZ Company General Ledgers EXHIBIT C MIED (Rev. 09/22) Sample Ex Parte Motion for Leave to File an Exhibit in the Traditional Manner UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN Plaintiff(s), v. Defendant(s). Case No. Judge Magistrate Judge ______________________________________/ EX PARTE MOTION FOR LEAVE TO FILE AN EXHIBIT IN THE TRADITIONAL MANNER NOW COMES the undersigned ___________________________________________________, and pursuant to the Electronic Filing Policies and Procedures, seeks leave of this Court to file an exhibit in the traditional manner.

If granted, the exhibit would be filed via US mail or brought to the Clerk’s Office. [ ] [ ] An original and judge’s copy will be provided. The original cannot be duplicated and a judge’s copy is not practicable. The exhibit to __________________________________________________________ cannot be converted to PDF for the following reason(s): _______________________________ ____________________________________________________________________________ ____________________________________________________________________________. For the foregoing reasons, the undersigned respectfully requests that this Court grant the leave sought in this motion.

Date: ___________________ s/Name of Filing User______________________ Firm Name (if applicable) Street Address City, State, Zip Code Telephone Number Primary Email Address Attorney Bar No. (if applicable) EXHIBIT D EXHIBIT E [This page intentionally left blank.]