Local Civil Rule 1.  Authority; scope; construction

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

1.4      Applicability - These rules apply to all civil proceedings in this court.

1.6      Construction - These rules shall be construed to achieve an orderly administration of the business of this court and to secure the just, speedy and inexpensive determination of every action. References to statutes, regulations or rules shall be interpreted to include all revisions and amendments thereto. References to the clerk shall be interpreted to mean the clerk of this court or any deputy clerk. Wherever used in these rules, the term "party," whether in the singular or plural, shall include all parties appearing in the action pro se and the attorney or attorneys of record for represented parties, where appropriate.

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

3.2      Assignment of cases to divisions - This district is composed of a Northern Division and a Southern Division. The residence of corporations, partnerships, and unincorporated associations shall be the division where the principal place of business is maintained. The Southern Division comprises the counties of Allegan, Antrim, Barry, Benzie, Berrien, Branch, Calhoun, Cass, Charlevoix, Clinton, Eaton, Emmet, Grand Traverse, Hillsdale, Ingham, Ionia, Kalamazoo, Kalkaska, Kent, Lake, Leelanau, Manistee, Mason, Mecosta, Missaukee, Montcalm, Muskegon, Newaygo, Oceana, Osceola, Ottawa, Saint Joseph, Van Buren, and Wexford. The Northern Division comprises the counties of Alger, Baraga, Chippewa, Delta, Dickinson, Gogebic, Houghton, Iron, Keweenaw, Luce, Mackinac, Marquette, Menominee, Ontonagon, and Schoolcraft. 28 U.S.C. § 102(b). All cases shall be assigned to a division by application of the following order of priorities:

1. if an action is removed from state court, the division embracing the county in which the case was pending in state court;
2. in bankruptcy appeals, the division in which the bankruptcy matter is pending;
3. if the action is local in nature, the division in which the real property is located;
4. in prisoner civil rights cases, the division in which the claim arose;
5. the division in which all plaintiffs reside;
6. the division in which all defendants reside;
7. the division in which the claim arose;
8. in a case in which a defendant is an officer or employee of the United States or any agency thereof acting in an official capacity, or under color of legal authority, or an agency of the United States, the division in which an office of a defendant is located; or
9. the division in which the case is filed.

3.3.2      Reassignment of cases

1. Reassignment of cases on grounds of geographic convenience - Promptly after all parties have appeared in any civil action, the parties may file a stipulation and motion requesting transfer of the action to a judge located in a different city, on the basis of the convenience of counsel, the parties, or witnesses. Reassignment of the action shall be at the discretion of the court and shall require the consent of all parties and of both the transferor and transferee judge.
2. Reassignment to promote judicial economy - The court may reassign cases from one district judge to another (i) to equalize and balance workloads among judges; (ii) to assign cases to senior or visiting judges or remove cases from their dockets as necessary; or (iii) for other reasons of judicial economy. Any case may be reassigned under this rule from one judge to another judge with the consent of both judges. Cases may also be reassigned by administrative order of the Chief Judge if approved by a majority of active district judges.
3. Reassignment of cognate cases
   
   1. Definition - Cognate cases are pending civil actions involving the same or similar questions of fact or law such that their assignment to a single judge is likely to effect a substantial saving of judicial effort and to avoid wasteful and duplicative proceedings for the court and the parties.
   2. Procedure for reassignment - When any judge determines that reassignment of cognate cases would serve the interests of justice and judicial economy, the judge will contact all other judges to whom cognate cases have been assigned. If all those judges agree to reassignment, the Chief Judge will enter an administrative order reassigning such cognate cases to the judge with the earliest numbered case. The administrative order may also provide for automatic assignment of future cognate cases to that judge, and for an adjustment in future case assignments to that judge to compensate for the increased workload.

Local Civil Rule 4.1.  Fee payment to marshal

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

5.3      Filing of discovery materials

1. Interrogatories, requests for production or inspection, requests for admissions, and responses or objections shall be served upon other parties, but shall not be filed with the court. Only a proof of service shall be filed with the court. The party responsible for service of these discovery materials shall retain the original and become the custodian.
2. Transcripts of depositions shall not be filed with the court.
3. If discovery materials are to be used at trial, relevant portions of the materials to be used shall be filed with the clerk at or before trial. If discovery materials are necessary to any motion, relevant portions of the materials shall be filed with the clerk with the motion or response.

5.5      Rejection of filings - The court may order the rejection of any pleading or other paper that does not comply with these rules or the Federal Rules of Civil Procedure unless such noncompliance is expressly approved by the court. The clerk shall return any rejected filing to the party tendering it, along with a statement of the reasons for rejection.

5.7      Filing and service by electronic means

1. General information; definitions - Pursuant to Rule 5(d) of the Federal Rules of Civil Procedure, the clerk will accept pleadings and other papers filed and signed by electronic means in accordance with this rule. All papers filed by electronic means must comply with technical standards, if any, now or hereafter established by the Judicial Conference of the United States.

   This rule shall apply to all civil actions maintained in the court’s electronic case filing system. All documents, whether filed electronically or on paper, will be placed into the electronic case filing system, except as provided below. Attorneys must file and serve all documents electronically by use of the ECF system unless (1) the attorney has been specifically exempted by the court for cause or (2) the document is not eligible for electronic filing under this rule.

   As used in these rules, the term:

   • "ECF system" means the electronic case filing system maintained by this court;
   • "registered attorney" means an attorney who is authorized pursuant to LCivR 5.7(b) to file documents electronically and to receive service on the ECF system;
   • "initial pleading" means the complaint, petition or other document by which a civil action is initiated;
   • "electronically filed document" means any order, opinion, judgment, pleading, notice, transcript, motion, brief or other paper submitted electronically to the ECF system;
   • "paper filed document" means a pleading or other paper submitted to the clerk in paper form for filing;
   • "NEF" means the Notice of Electronic Filing generated by the ECF system;
   • "nonelectronic means of service" means one of the methods of service authorized by Rule 5(b) of the Federal Rules of Civil Procedure, except electronic service under Rule 5(b)(2)(E).
2. Mandatory registration; resources
   
   1. Every attorney practicing in this court must register to file and serve documents electronically by the ECF system.
   2. 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.

   3. 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.
3. Initial pleading - All attorneys must submit complaints and other initial pleadings in civil cases electronically, unless the pleading is exempt from electronic filing under LCivR 5.7(d)(ii), or the attorney is granted an exception by the Chief Judge for good cause shown. Filing fees must be paid (or a motion for leave to proceed in forma pauperis must be filed) electronically at the time the initial pleading is electronically submitted. A civil case is not commenced until the initial pleading has been accepted by the ECF system and a Notice of Electronic Filing has issued. Unrepresented parties must file initial pleadings and pay the filing fee (or seek in forma pauperis status) on paper.
4. Electronic filing
   
   1. Mandatory electronic filing - All attorneys must file all pleadings and other papers permitted by the federal rules and the local rules of this court electronically in all civil cases, subject to the exceptions set forth below. All electronically filed documents must be in PDF format and submitted in accordance with the instructions set forth on the court’s website.
   2. Papers that may not be filed electronically - The following documents must not be filed electronically, but must be submitted in paper form:
      
      1. documents submitted by a person who is not a registered attorney (for example, a pro se litigant who is not registered under the "Pro Se E-Filing and Service Protocol,” posted by the clerk on the court’s website);
      2. documents that are required by statute to be filed in camera, such as complaints and certain other filings submitted under the Federal False Claims Act or analogous state statutes;
      3. papers filed in cases that have been sealed in their entirety, except as authorized under LCivR 10.7; and
      4. garnishee disclosures and other documents submitted by unrepresented third parties in response to writs or other court process.
   3. 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:
      
      1. affidavits in support of or in opposition to a motion (this rule does not apply to affidavits of service);
      2. declarations under penalty of perjury; and
      3. certified copies of judgments or orders of other courts.

      The electronically filed version of such documents must bear a scanned image of all original manuscript signatures. The filer must meet the requirements of LCivR 5.7(e)(viii) regarding evidence of an original signature.

   4. Deadlines - An electronically filed document is deemed filed upon completion of the transmission and issuance by the court’s system of an NEF. In situations where LCivR 5.7(d)(vii) requires that attachments to an electronically filed document be submitted in paper form, the electronic document is deemed filed upon issuance of the NEF, provided that the paper exhibits 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.
   5. Technical failures - The clerk shall deem the court’s website to be subject to a technical failure on a given day if the site is unable to accept filings continuously or intermittently over the course of any period of time greater than one hour after 12:00 noon (Eastern Time) that day, in which case, filings due that day which were not filed due solely to such technical failures shall become due the next business day. Such delayed filings must be accompanied by a declaration or affidavit attesting to the filer’s failed attempts to file electronically at least two times after 12:00 noon separated by at least one hour on each day of delay because of such technical failure. The initial point of contact for any practitioner experiencing difficulty filing a document electronically shall be the ECF Help Desk, available via phone at (616) 456-2206 or (800) 290-2742, or via e-mail at ecfhelp@miwd.uscourts.gov.
   6. Official record; discarding of paper filed documents - For purposes of Rule 79 of the Federal Rules of Civil Procedure, the record of filings and entries created by the ECF system for each case constitutes the docket. The official record of all proceedings in civil cases is the electronic file maintained on the court’s ECF system. The clerk's office will discard all paper filed documents after they have become part of the electronic record, unless the document produces a low-quality electronic file.
   7. Exhibits and attachments
      
      1. 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 LCivR 5.7(d)(ii).
      2. Requirements - Filers must not attach as an exhibit any pleading or other paper already on file with the court, but shall refer to that document by the ECF No. identified thereon, found in the document header displayed at the top of the electronically filed document. All exhibits and attachments must contain on their face a prominent exhibit number or letter as set forth in LCivR 10.8. If one or more attachments or exhibits to an electronically filed document are not being submitted electronically under this rule, the electronically filed document must contain a notice of that fact in its text.
5. Signature
   
   1. Attorneys - A registered attorney’s use of the assigned login name and password to submit an electronically filed document serves as the registered attorney’s signature on that document for purposes of Rule 11 and for all other purposes under the Federal Rules of Civil Procedure and the local rules of this court. The identity of the registered attorney submitting the electronically filed document must be reflected at the end of the document by means of an “ s/ [attorney’s name] ” block showing the attorney’s name, followed by the attorney’s business address, telephone number, and e-mail address. Graphic and other electronic signatures are discouraged.
   2. Multiple attorney signatures - The filer of any electronically filed document requiring multiple signatures (e.g., stipulations, joint status reports) must list thereon all the names of other attorney signatories by means of an “ s/ [attorney's name] ” block for each. By submitting such a document, the filer certifies that each of the other attorneys has expressly agreed to the form and substance of the document, that the filer has their actual authority to submit the document electronically, and that the requirements of LCivR 5.7(e)(viii) regarding evidence of original signature have been met. This paragraph does not apply to pro se or unrepresented parties, whose manuscript signature, in original or scanned form, must appear on the face of the document.
   3. Court reporters and transcribers - The electronic filing of a transcript by a court reporter/transcriptionist by use of their assiged login name and password shall be deemed the filing of a signed and certified original document for all purposes.
   4. Judges - The electronic filing of an opinion, order, judgment or other document by a judge (or authorized member of the judge’s staff) by use of the judge’s login and password shall be deemed the filing of a signed original document for all purposes.
   5. Clerk of Court or deputy clerks - The electronic filing of any document by the clerk or a deputy clerk of this court, of the bankruptcy court of this district, or of any circuit court of appeals by use of that individual’s login and password shall be deemed the filing of a signed original document for all purposes.
   6. U.S. Marshals Service - The U.S. Marshals Service for this district is authorized to file and serve documents electronically. The electronic filing of any document by the U.S. Marshals Service by use of the assigned login and password shall be deemed the filing of a signed original document for all purposes.
   7. Officers of the court - If the court has appointed a special master, monitor, or other court adjunct who is required to make regular filings, the court may authorize the officer to file and serve documents electronically. The officer of the court shall complete a registration form, and upon assignment of a login and password to the system, has authority to file and serve documents electronically in the case in which the officer was appointed. The electronic filing of any document by a court officer by use of the assigned login and password shall be deemed the filing of a signed original document for all purposes.
   8. Evidence of original signature - Filers of documents containing signatures authorized by LCivR 5.7(e)(ii) (multiple attorney signatures) must maintain any records evidencing concurrence, and filers of documents containing signatures authorized by LCivR 5.7(d)(iii) (electronically filed affidavits, etc.) must maintain the documents bearing the original manual signature for subsequent production to the court or for inspection by a party until one year after the final resolution of the action (including appeal, if any). A non-filing signatory or party who disputes the authenticity of a signature on an electronically filed document must file an objection to the document within fourteen (14) days after service of that document.
6. Proposed pleadings - Except for proposed sealed filings, if the filing of an electronically submitted document requires leave of court, such as an amended complaint or brief in excess of word count or page limits, the proposed document must be attached as an exhibit to the motion seeking leave to file. If the court grants leave to file the document, the clerk will electronically file the document without further action by the attorney. Requests to file documents under seal are governed by LCivR 10.7.
7. Proposed orders - Proposed orders may 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.
8. Court orders, judgments, writs and other process - Judgments and orders may be filed electronically by the court or authorized court personnel. Any document filed electronically without the image of the manuscript signature of the judge or clerk has the same force and effect as a document bearing an original signature. The clerk may electronically affix the seal of the court on writs, summons, and other process, which shall have the same legal force and effect as process bearing an imprinted seal.
9. Service of electronically filed documents
   
   1. Summons and initial pleading - Summons, writs and other court process may be issued in electronic form with electronically affixed signatures and seal. Service of the summons and complaint or other initial pleading must be made by one of the methods allowed by Rule 4 of the Federal Rules of Civil Procedure.
   2. 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 civil action 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 under LCivR 5.7(i)(iv) 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. A proof of service must be filed.
   3. Service on unregistered attorneys and pro se parties - Counsel filing any pleading or other paper must serve attorneys not registered under this rule and pro se parties not registered under the “Pro Se E-Filing and Service Protocol,” posted by the clerk on the court’s website, by nonelectronic means of service under Rule 5 of the Federal Rules of Civil Procedure. A proof of service must be filed.
   4. 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 LCivR 10.6(d)) and ex parte filings (see LCivR 10.5(a)), transmission of the NEF to the registered e-mail address constitutes service of an electronically filed document upon any registered attorney. 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.
10. Remote access to electronically stored documents - The general public, as well as any party to the litigation, may access and download any electronically stored document, with the following exceptions: (1) remote access to documents filed in Social Security and immigration cases is restricted as required by Rule 5.2(c) of the Federal Rules of Civil Procedure; (2) access to certain documents may be restricted to the court or to the parties of record, by order or local rule; and (3) the court may restrict access to other classes of documents in conformity with resolutions of the Judicial Conference of the United States.
11. Facsimile transmissions - The clerk will not accept for filing any pleading or other paper submitted by facsimile transmission.

Local Civil Rule 7.  Motion practice

7.2      Dispositive motions

1. Definition - Dispositive motions are motions for injunctive relief, for judgment on the pleadings, for summary judgment, to dismiss or to permit maintenance of a class action, to dismiss for failure to state a claim upon which relief can be granted, to involuntarily dismiss an action, and other dispositive motions as defined by law. Motions for dismissal as a sanction pursuant to Federal Rules of Civil Procedure 16 or 37 shall be subject to the briefing schedule for nondispositive motions.
2. Briefs
   
   1. 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, and affidavits. 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.
   2. Certificate of compliance - The brief must be accompanied by a certificate of compliance, indicating the number of words in the document as defined by LCivR 7.2(b)(i), as well as the name and version of the word processing software that was used to generate the word count. The word count provided by the word processing software used to create the brief may be relied upon for purposes of the certificate of compliance.
   3. Courtesy copy - The court may require one paper courtesy copy of all dispositive motion papers, including responses, replies and all accompanying exhibits, which must be submitted directly to the presiding judge’s chambers. It shall consist of a printed copy of the document after filing (with the header), and an NEF must be attached to the front of the paper. Any exhibits must be properly tabbed and all papers firmly bound as required by LCivR 10.2. A printed copy of the NEF must be attached to the front of the paper. The courtesy copy must be hand delivered or sent via first class mail to chambers within twenty-four (24) hours of filing the original.
3. Briefing schedule - Unless otherwise ordered, any party opposing a dispositive motion shall, within twenty-eight (28) days after service of the motion, file a responsive brief and any supporting materials. The moving party may, within fourteen (14) days after service of the response, file a reply brief. A reply brief produced on a computer shall not exceed four thousand three hundred (4,300) words, to 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, signature block, attachments, exhibits, and affidavits. Any reply brief that is hand-written or produced on a typewriter may not exceed ten (10) pages. The court may permit or require further briefing.
4. Oral argument - Any party desiring oral argument shall include a request for oral argument in the caption and the heading of the party's brief. In its discretion, the court may schedule oral argument or may dispose of the motion without argument.

7.4      Motions for reconsideration

1. 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.
2. 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.

8.1      Complaints in Social Security cases - Complaints filed pursuant to § 205(g) of the Social Security Act, 42 U.S.C. § 405(g), for benefits under Titles II, XVI and XVII of the Social Security Act shall contain, in addition to what is required under Rule 8(a) of the Federal Rules of Civil Procedure, the following information: (1) a statement that the action is brought under 42 U.S.C. § 405(g); (2) the identification of the final decision to be reviewed, including any identifying designation provided by the Commisioner with the final decision; (3) the name, as well as the county of residence, of the person for whom benefits are claimed; (4) in cases involving claims for retirement, survivors, disability, or health insurance, the last four digits of the social security number of the worker (who may or may not be the plaintiff) on whose wage record the application for benefits was filed; (5) in cases involving supplemental security income benefits, the social security number of the plaintiff; and (6) the type of benefits claimed.

1. Electronic service - The Clerk of Court shall, within seven days of the filing of the complaint, notify the Commissioner of the commencement of the action by transmitting a Notice of Electronic Filing to the appropriate office within the Social Security Administration's Office of General Counsel and the United States Attorney for the district where the action is filed.
2. Other service - If the complaint was not filed electronically, the Clerk of Court shall, within seven days of the filing of the complaint, notify the plaintiff of the transmission.
3. Service of summons and complaint - The plaintiff need not serve a summons and complaint under Federal Rules of Civil Procedure 4.

8.3      Answers in Social Security cases - In all Social Security cases filed under 42 U.S.C. §§ 405(g) and 1383(c)(3), defendant shall have sixty (60) days after notification of the commencement of the action to file and serve upon plaintiff a certified copy of the administrative record of the proceedings, which shall constitute defendant’s answer, or otherwise move against the complaint. No separate answer need be filed.  Unless the court sets a different time, servicing a motion under Federal Rules of Civil Procedure 12 alters the time to answer as provided by Federal Rules of Civil Procedure 12(a)(4).

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

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

10.4      Number of copies - All paper filed documents must be filed in duplicate -- the original and one copy. If service of any paper is to be made by the United States marshal, sufficient additional copies shall be supplied for service upon each other party. If file stamped copies of documents are requested to be returned to the offering party, sufficient copies for this purpose and a suitable self-addressed, postage paid envelope shall be supplied.

10.6      Sealed documents

1. Policy - To preserve the qualified, common-law presumption of public access to judicial files in civil cases, the filing of documents under seal should be the exception. Sealing is to be limited to information that is truly proprietary or confidential. The court strongly resists the sealing of entire civil pleadings, motions or briefs, as it is rare that the entire document will merit confidential treatment. In lieu of seeking leave to file an entire document under seal, parties should incorporate the confidential material in a separate document and seek leave to file only that document under seal.
2. 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 statute or 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). 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 will modify the docket entry to remove reference to "proposed."
3. 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, except as authorized under LCivR 10.7.
4. Service of sealed documents - A party submitting a document under seal must serve it by non-electronic means of service on all other parties.

10.8      Exhibits - All exhibits or attachments to pleadings, motions, briefs, or other papers must contain on their face a prominent exhibit number or letter.

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

16.2      Alternative Dispute Resolution: General provisions

1. ADR favored - The judges of this district favor alternative dispute resolution (ADR) methods in those cases where the parties and the court agree that ADR may help resolve the case. The ADR methods approved by these rules include Voluntary Facilitative Mediation (LCivR 16.3); Early Neutral Evaluation (LCivR 16.4); Case Evaluation (LCivR 16.5); and Settlement Conferences (LCivR 16.6). In addition, the court will consider other ADR methods proposed by the parties (e.g., Summary Trials).
2. Court administration of the ADR program
   
   1. Program description and administration - Each ADR program is governed by these rules and the provisions of a program description, which is incorporated into these rules by reference. The program description for each ADR method is available on the court’s website and is published in a form suitable for reference by attorneys and their clients. The ADR program is administered by the clerk’s office. Problems are initially handled by the ADR Administrator.
3. Consideration of ADR in appropriate cases - In connection with the conference held pursuant to Rule 26(f) of the Federal Rules of Civil Procedure, all litigants and counsel must consider and discuss the use of an appropriate ADR process at a suitable stage of the litigation.
4. Confidentiality - All ADR proceedings are considered to be compromise negotiations within the meaning of Fed. R. Evid. 408.
5. Status of discovery, motions and trial during the ADR process - Any case referred to ADR continues to be subject to management by the judge to whom it is assigned. Parties may file motions and engage in discovery. Selection of a case for ADR has no effect on the normal progress of the case toward trial. Referral of a case to ADR is not grounds to avoid or postpone any deadline or obligation imposed by the case management order unless so ordered by the court.
6. Qualifications for neutrals - To be qualified to act as a neutral (i.e., facilitative mediator, early neutral evaluator, case evaluator, or arbitrator), an attorney must satisfy all special requirements applicable to a particular ADR program as identified in the program description available on the court’s website.
7. Attorneys’ responsibility for payment of fees - The attorney or law firm representing a party participating in ADR is directly responsible for fees payable to the court or to neutrals. Pro se parties are personally responsible for fees. To the extent consistent with ethical rules, the attorney or firm may seek reimbursement from the client. If any attorney or pro se party is delinquent in paying any fee required to be paid to a neutral under these rules, the neutral may petition the court for an order directing payment, and any judge assigned to the case may order payment, upon pain of contempt.
8. Pro bono service - In cases in which one or more parties cannot afford the fees of a neutral, the court may request that the neutral serve pro bono, by waiving or reducing the fee for the indigent party. All other parties are expected to pay the full fee.

16.4      Early Neutral Evaluation

1. Definition - Early Neutral Evaluation (ENE) is a flexible, nonbinding dispute resolution process in which an experienced neutral attorney meets with the parties early in the case to evaluate its strengths and weaknesses and the value that it may have, and also attempts to negotiate a settlement.
2. Program description - Procedures and other details regarding the ENE process are governed by the program description, available on the court’s website.