1.1      Authority - These rules are promulgated pursuant to 28 U.S.C. § 2071 and Rule 57 of the Federal Rules of Criminal Procedure. Amendment of these rules is governed by LCrR 1.3.

1.3      Amendments - These rules may be amended by a majority vote of the district judges in conformity with Rule 57 of the Federal Rules of Criminal Procedure. These rules include amendments through January 1, 2019.

1.5      Scope - These rules govern the procedure in the United States District Court for the Western District of Michigan, govern the practice of attorneys before this court, and supersede all previous rules promulgated by this court or any judge thereof. Administrative orders and single-judge standing orders shall be maintained by the clerk on the court’s website or made available upon request. All such orders shall be consistent with these rules and the Federal Rules of Criminal Procedure.

III.  THE GRAND JURY, THE INDICTMENT, AND THE INFORMATION

6.1      All grand juries are under the direct supervision of the court. They shall convene at such times and dates as ordered by the Chief Judge.

Local Criminal Rule 10.  Arraignment

Local Criminal Rule 11.  Guilty pleas

11.2      Judicial preference - Parties shall reference the court’s scheduling order or judicial guidelines available on the court’s website to ascertain the time and manner in which the court will consider the taking of a guilty plea.

12.1      Briefs - All motions, except those made orally during a hearing or trial, shall be accompanied by a supporting brief, in compliance with the requirements set forth in LCrR 47. Any party opposing a written motion shall do so by filing and serving a brief conforming to these rules. All briefs filed in support of or in opposition to any motion shall contain a concise statement of the reasons in support of the party's position and shall cite all applicable federal rules of procedure, all applicable local rules, and the other authorities upon which the party relies. References to the record shall comply with LCrR 49.11.

12.3      Modification of limits - In its discretion, the court may in a particular case shorten or enlarge any time, word count, or page limit established by these rules, with or without prior notice or motion.

12.5      Motion for expedited consideration - Where the relief requested by a motion may be rendered moot before the motion is briefed in accordance with the schedules set forth herein, the party shall so indicate by inserting the phrase "EXPEDITED CONSIDERATION REQUESTED," in boldface type, below the case caption, and shall identify in the motion the reason expedited consideration is necessary.

Local Criminal Rule 17. Service of subpoenas

V.  VENUE

18.1      All cases shall be assigned to the division in which the offense is alleged to have been committed.

Local Criminal Rule 23. Trial date

23.2      Judicial preference - Parties shall reference this court’s website for judicial guidelines on the court’s pretrial and trial practice.

24.1      Confidentiality of juror information

1. All information obtained from juror questionnaires is confidential and may be used only for jury selection and in accordance with this rule.
2. All copies of juror questionnaires must be destroyed or returned to the court upon completion of jury selection, or at any earlier time determined by the court.
3. For represented parties, counsel of record is responsible for maintaining the confidentiality and security of juror questionnaires, and must apply security practices no less stringent than those applicable to confidential client information. Unrepresented parties may use juror questionnaires only under supervision of the court, and may not reproduce the juror questionnaires in any form, or distribute them to anyone.
4. Juror questionnaires will be electronically filed under restricted access three (3) business days before trial. Electronic access will be available to the court and counsel of record only. The court will provide unrepresented parties with one paper copy of the juror questionnaires at the beginning of jury selection. Juror questionnaires will not be available via mail or facsimile transmission.
5. Documents containing the name or signature of a juror shall be filed under restricted access, with electronic access available to the court and counsel of record only. Such restricted access documents may include but are not limited to a jury verdict, juror notes and attachments thereto, as well as an indictment. A duplicate jury verdict, juror notes, or indictment, with the name and signature of the juror redacted, will be electronically filed and available to the public unless otherwise sealed by court order.

Local Criminal Rule 32.  Sentencing

32.2      Presentence report - Unless waived pursuant to Rule 32(c) of the Federal Rules of Criminal Procedure, a presentence report must be prepared in every felony case and may be prepared in misdemeanor cases in the court’s discretion.

1. Initial interview - The initial interview with the defendant, defendant’s counsel, and the probation officer must be scheduled within seven (7) days of the date of the order setting sentencing date. Counsel for the government must make available the offense conduct information, including all relevant conduct, within seven (7) days of the date of such order.
2. Disclosure of presentence report - At least forty-seven (47) days before the date scheduled for sentencing, the probation officer must provide a copy of the presentence report (except the sentencing rationale) to (1) counsel for the government, and (2) counsel for the defendant or, where the defendant is pro se, to the defendant. The sentencing judge may additionally direct the probation officer not to disclose the officer’s recommendation on the sentence. Disclosure of the presentence investigation report (and any subsequent revisions and addenda thereto) to a defense attorney is deemed to be disclosure to the defendant. Defense counsel must provide a copy of the report to the defendant forthwith.
3. Time of disclosure
   
   1. To represented parties: The presentence report is deemed disclosed to counsel for a represented defendant and to counsel for the government when it is filed electronically by the probation officer on the CM/ECF system (access restricted to the court, the probation office, attorneys of record for the government and for the relevant defendant).
   2. To an unrepresented party: The presentence report is deemed disclosed to a pro se defendant when a copy of the report is physically delivered or three (3) days after a copy of the report has been mailed. The presentence report must contain the date of mailing.
4. Objections to presentence report - Within fourteen (14) days after disclosure of the presentence report, each counsel or pro se defendant must file a written response to the presentence report acknowledging disclosure and containing all objections, and supporting reasons, to any material information, sentencing classifications, sentencing guideline ranges, and policy statements contained in or omitted from the report. Alternatively, the response may affirmatively state that there is no objection to the report. Counsel for the government and for defendant must submit objections electronically by the CM/ECF system (access restricted to the court, the probation office, attorneys of record for the government and for the relevant defendant); the government must also serve objections pertaining to an unrepresented defendant on that defendant alone on paper, with proof of service. Unrepresented defendants must file their objections in writing with the Clerk of the Court, with a proof of service on government counsel. The clerk shall file the objections electronically by the CM/ECF system (access restricted to the court, the probation office, and attorneys of record for the government).
5. Non-judicial resolution of objections - After receiving a timely objection, the probation officer must promptly conduct any further investigation and make any revisions to the presentence report that may be necessary. The probation officer may require each counsel and pro se defendant to meet with the officer to discuss unresolved factual and legal issues, and may request that such persons meet with each other for the same purpose.
6. Submission of presentence report - Not less than twenty-one (21) days before the date set for sentencing, the probation officer must submit the final presentence report electronically by the CM/ECF system (access restricted to the court, the probation office, attorneys of record for the government and for the relevant defendant). The report will be accompanied by an addendum setting forth any unresolved objections that counsel or the pro se defendant may have, together with the officer's comments thereon. The probation officer must certify that the contents of the report, including any revisions and the addendum, have been disclosed to counsel and any pro se defendant, and that the addendum fairly states any remaining objections.
7. Motions for departure or variance; sentencing memoranda - Not less than fourteen (14) days before the date set for sentencing, any party seeking an upward or downward departure under the Sentencing Guidelines or a variance based on the application of the factors set forth in 18 U.S.C. § 3553(a), or both, must submit a separate and clearly captioned motion seeking such relief. All sentencing memoranda, including memoranda in support of a motion for departure or variance, must be filed by the same date. Not less than seven (7) days before the date for sentencing, any party may file a response to any previously filed motion or sentencing memoranda.  Counsel must submit such motions and memoranda by the CM/ECF system and may move for leave to restrict access to the court, the probation office, attorneys of record for the government and for the relevant defendant, if sensitive or confidential information is contained therein. Pro se parties must file and serve such documents in paper, with proof of service on the opposing party.
8. Judicial resolution of objections - Upon receipt of the final report and attachments, the sentencing judge will determine the extent of any further proceedings necessary in light of the nature of any unresolved objections. The judge may hold all objections for resolution at the time of sentencing. In the alternative, the judge may resolve any objections prior to sentencing and may afford the parties a reasonable opportunity for the submission of further written objections before the imposition of sentence. Any objections must be made in the same manner as provided for in this rule. Where the court determines that a hearing is necessary to resolve the disputed sentencing matters, a hearing may be held for that purpose, either on the date of sentencing or at an earlier time.
9. Late objections - Upon a showing of good cause, the court may allow a new objection to be raised at any time prior to the imposition of sentence.
10. Expedited procedures - The time periods set forth in this rule may be modified by the court for good cause shown, or upon its own motion, except that in no event shall sentence be imposed less than ten (10) days following disclosure of the presentence report without the consent of the defendant. The parties may agree in writing or on the record to an expedited sentencing procedure that shortens the times set forth in this rule or abbreviates the information otherwise required in the presentence report.
11. Limitations on disclosure - Nothing in this rule requires the disclosure of any portions of the presentence report that are not disclosable under the Federal Rules of Criminal Procedure.
12. Relationship to Fed. R. Crim. P. 32 - This rule shall not be construed to limit any sentencing procedure modifications permitted by Rule 32 of the Federal Rules of Criminal Procedure.
13. Release of presentence report to other officers - The Chief Probation Officer may, in his or her discretion, disclose a presentence report to a federal or state probation or parole officer in connection with that officer’s conduct of official duties regarding a person previously sentenced by this court.

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

Local Criminal Rule 44.  Motion for appointment

Local Criminal Rule 47.  Motions

47.2      Nondispositive motions

1. Definition - Nondispositive motions are all motions not specifically listed in LCrR 47.1(a).
2. Briefs
   
   1. Length - Briefs filed in support of or in opposition to a nondispositive motion that are produced on a computer shall not exceed four thousand three hundred (4,300) words, to include any headings, footnotes, citations and quotations. Not to be included in the word count limit are the case caption, cover sheets, any table of contents, any table of authorities, the signature block, attachments, exhibits, affidavits and other addenda. Any such brief that is hand-written or produced on a typewriter shall not exceed ten (10) pages in length, similarly including and excluding items previously identified.
   2. Certificate of compliance - Briefs in support or in opposition to nondispositive motions exceeding one thousand (1,000) words shall be accompanied by a certificate of compliance, indicating the number of words in the document as defined by LCrR 47.2(b)(i), as well as the name and version of the word processing software that was used to generate the word count. The word count provided by the word processing software used to create the brief may be relied upon for purposes of the certificate of compliance.
3. Briefing schedule - Unless otherwise ordered, any party opposing a nondispositive motion shall, within fourteen (14) days of service of the motion, file a responsive brief and supporting materials. The court may permit or require further briefing. Reply briefs may not be filed without leave of court.
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.