FREQUENTLY ASKED QUESTIONS

What type of information can the Clerk's Office staff give?

1.    Clerk's Office staff cannot give "legal advice" and therefore cannot:

• Explain the meaning of a specific rule

• Make an interpretation of a case law

• Explain the result of taking or not taking an action in a case

• Answer whether jurisdiction is proper in a case

• Answer whether a complaint properly presents a claim

2.    Clerk's Office staff can provide procedural information such as:

• Instruction on how to execute a task (number of copies, use of forms)

• Provide information as to compliance with court policy

3.    Clerk's Office staff cannot recommend a lawyer.

How do I file a complaint?

A complaint may be filed in person or by mail at any Clerk's Office location within the Western District of Michigan.  Filing requirements are as follows:

Civil Cover Sheet

Summonses directed to each defendant

Complaint (one original and one copy)

Filing Fee - Check made payable to "Clerk, U.S. District Court."  Click here for fee amount.

How do I file a Notice of Removal?

Requirements include:

• Civil Cover Sheet

• (2) Notice of Removal with State Court Summons and Complaint attached

• (2) Notice of Filing Notice of Removal directed to the State Court

• Filing Fee - Check made payable to "Clerk, U.S. District Court."  Click here for fee amount.

In which divisional office should I file my Complaint?

Following the priorities of W.D. Mich. LCivR 3.2, if plaintiff or defendant reside in, or if the action arose in a Western District Southern Division county, the Complaint may be filed at any divisional office in the Southern Division: Grand Rapids, Lansing, Kalamazoo. If plaintiff or defendant reside in, or if the action arose in a Western District Northern Division county, the Complaint should be filed in the Northern Division office in Marquette.

What counties comprise the Western District of Michigan?

What forms of payment are acceptable?

The Clerk's Office accepts payment by cash, money order, check, Visa, MasterCard, Discover and American Express.  We do not accept credit card payments for posting bail.  Checks should be made payable to:  "Clerk, U.S. District Court."

How do I proceed without prepayment of filing fees?

To proceed without prepayment of filing fees, click here to fill out the Affidavit of Financial Status.  Include this completed form when you file your complaint.

How do I arrange for service by the U.S. Marshal?

If proceeding in forma pauperis:

• the Court will determine whether or not to have the U.S. Marshal provide service

If filing fee has been paid:

• a motion requesting service by the U.S. Marshal needs to be filed for the Judge to make a determination

How do I arrange for service in a foreign country?

See Fed. R. Civ. P. 4(f).

In which divisional office should I file pleadings for my existing case?

Southern Division pleadings (those cases beginning with a 1, 4 or 5) may be filed in any of the Southern Division offices: Grand Rapids, Lansing, Kalamazoo. Northern Division pleadings (those cases beginning with a 2) should be filed in the Marquette office.

What is the procedure for scheduling a hearing?

Pursuant to W.D. Mich. LCivR 7.2(d) and 7.3(d), "any party desiring oral argument shall include a request for oral argument in the caption and the heading of the party’s brief... The time for oral argument on all motions shall be scheduled and noticed by the Court at the earliest convenient date."

Should discovery material be filed with the Clerk's Office?

No.  Pursuant to Local Civil Rule 5.3, discovery material, including initial disclosures made under Fed. R. Civ. P. 26(a) (1)-(3), shall not be filed, except when needed in a particular proceeding or upon order of the Court.

How do I file documents under seal?

According to W.D. Mich. LCivR 10.6(b), documents filed under seal pursuant to Court order shall be clearly labeled "Sealed Document" and identify the order allowing filing under seal.

How do I file an Appeal?

An Appeal may be filed in person or by mail at any Clerk's Office location within the Western District of Michigan.  The Sixth Circuit Court of Appeals will send out a package upon receipt of the Notice of Appeal with the appeal case number and briefing schedule.  Filing requirements are as follows:

Notice of Appeal

Filing Fee - Check made payable to "Clerk, U.S. District Court."  Click here for fee amount.

How do I retrieve a file from the Federal Records Center?

After five years paper documents in closed cases are archived and shipped to the National Archives and Records Administration located in Chicago, Illinois.  Files are stored in specific locations identified with an accession number and a box number.

A request for an archived file can be made with the Clerk's Office in writing, together with a retrieval fee.  Click here for amount.  NARA will generally send a closed file to the Clerk's Office within seven to ten business days of receipt of the retrieval request.  You will be contacted when the file has been received.  Files may be reviewed at all divisional offices during the hours of 8:30am - 4:30pm Monday - Friday.  Copies of case documents may be mailed directly to the requestor.  Click here for copy fees.

How do I register a judgment from another district?

Submit a completed AO 451 Certification of Foreign Judgment (prepared by the Court issuing the judgment) and the filing fee. Click here for fee amount.  This will cause a miscellaneous case to be filed and the judgment to be registered in this district.

How do I register a judgment from this court in another district?

Request this Court to complete form AO 451 Certification of Foreign Judgment. There is a certification fee and copy fees for the judgment. Click here for fee amounts.  Submit the completed form and the filing fee to the Court in which you want the judgment registered.

How do I request a transcript?

• Telephonically from the Clerk's Office at (616) 456-2381.

• By an e-mail request to copy_request@miwd.uscourts.gov.

• By contacting the court reporter/courtroom deputy directly as shown below.