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

49.4      Date and contact information - All pleadings and other papers shall contain the date of signing and the address, telephone number, and e-mail address of the signing attorney or pro se party.

49.6      Proof of service - Proof of service of all pleadings and other papers required or permitted to be served shall be filed promptly after service and may be made by written acknowledgment of service, by affidavit of the person making service or by written certification of counsel.  Proof of service shall state the date and manner of service.  Proof of service is unnecessary for documents served electronically on a registered attorney.

49.8      Filing documents under seal

1. Requests to seal - The procedures set forth in this rule apply to cases that have not been sealed in their entirety.  Documents may be submitted under seal only if authorized by the court for good cause shown.  A person seeking leave to file a document under seal must file a motion requesting such relief, unless the court has entered a previous order authorizing the submission of the document under seal or submission under seal is authorized by statute.  The motion seeking leave to file under seal should generally be a public filing unless the submitting party believes in good faith that public access to the motion will compromise the confidential matter.  A proposed sealed document submitted by a registered attorney must be submitted electronically under seal as a separate document, under a separate docket entry, by use of the appropriate CM/ECF event. The docket entry and the NEF for any sealed document will be available for public viewing; the description of the sealed document should therefore be general in nature (e.g., sealed affidavit, sealed exhibit, sealed motion).  The proposed sealed document shall be appropriately identified on its face as sealed, but should not contain the word "proposed".  Proposed sealed documents submitted by persons other than registered attorneys must be filed in a sealed envelope bearing the case caption and number, the identity of the party submitting the documents, and a general description of the contents; the proposed sealed document will be scanned and maintained electronically under seal.  If the court denies the motion to seal in whole or in part, the proposed sealed document will remain sealed, but the court may order the submitting party to tender a modified document, either sealed or not under seal, as the court directs.  If the court grants leave to file the document under seal, the Clerk of Court will modify the docket entry to remove reference to "proposed."
2. 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.
3. Service of sealed documents - A party submitting a document under seal must serve it by non-electronic means of service on all other parties.
4. Death penalty and other complex litigation - The parties to a death-eligible case, a death-penalty case, or other complex litigation involving numerous sealed documents may be ordered to comply with a special protocol for submission of sealed and ex parte documents, which will supersede the procedures set forth in this rule.

49.10     Filing and service by electronic means

1. General information; definitions - Pursuant to Rule 49(d) of the Federal Rules of Criminal Procedure, the clerk will accept pleadings and other papers filed and signed by electronic means in accordance with this rule. All papers filed by electronic means must comply with technical standards, if any, now or hereafter established by the Judicial Conference of the United States.

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

   As used in these rules, the term:

   • "ECF system" means the electronic case filing system maintained by this court;
   • "registered attorney" means an attorney who is authorized pursuant to Rule 49.10(b) to file documents electronically and to receive service on the ECF system;
   • "charging document" means the original complaint, indictment (or any superseding indictment), information or other document by which charges are brought in a criminal case;
   • "electronically filed document" means any order, opinion, judgment, pleading, notice, transcript, motion, brief or other paper submitted electronically to the ECF system;
   • "paper filed document" means a pleading or other paper submitted to the clerk in paper form for filing;
   • "NEF" means the Notice of Electronic Filing generated by the ECF system;
   • "nonelectronic means of service" means one of the methods of service authorized by Rule 49(b) of the Federal Rules of Criminal Procedure and Rule 5(b) of the Federal Rules of Civil Procedure, except electronic service under Rule 5(b)(2)(E).
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. Charging documents - Charging documents may be filed in the following ways:
   
   1. in paper, bearing manuscript signatures; or
   2. electronically, with facsimile signatures created by use of the electronic signature pad; or
   3. in a scanned PDF document containing the image of original manuscript signatures.

   The court may issue a summons or warrant electronically, but such process may be served only in accordance with Rule 4(c) of the Federal Rules of Criminal Procedure.

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 (except charging documents) electronically in all criminal cases, subject to the exceptions set forth below. All electronically filed documents must be in PDF digital format and must be submitted in accordance with the instructions set forth on the court’s website. Pro se parties who are not members of the bar of the court may not file pleadings or other papers electronically, but must submit them in paper form.
   2. Papers that may not be filed electronically - The following documents may 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);
      2. papers filed in cases that have been sealed in their entirety;
      3. documents that are required by statute or court order to be filed in camera; 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 LCrR 49.10(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 attachments to an electronically filed document are submitted in paper form, the electronic document is deemed filed upon issuance of the NEF, provided that the paper exhibits are filed and served within seventy-two (72) hours thereof. All electronic transmissions of documents must be completed (i.e., received completely by the clerk’s office) prior to midnight, Eastern Time, in order to be considered timely filed that day. Where a specific time of day deadline is set by court order or stipulation, the electronic filing must be completed by that time.
   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 55 of the Federal Rules of Criminal Procedure, the official record of all proceedings is the electronic file maintained on the court’s ECF system. The clerk's office will discard all paper filed documents after they have become part of the electronic record, unless the document produces a low-quality electronic file.
   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 subrule (d)(ii) of this rule.
      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 a the top of the electronically filed document. All exhibits and attachments must contain on their face a prominent exhibit number or letter. If one or more attachments or exhibits to an electronically filed document are not being submitted electronically under this rule, the electronically filed document must contain a notice of that fact in its text.
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 all purposes under the Federal Rules of Criminal and Civil Procedure and the local rules of this court. The identity of the registered attorney submitting the electronically filed document must be reflected at the end of the document by means of an " s/ [attorney’s name] " block showing the attorney’s name, followed by the attorney’s business address, telephone number, and e-mail address. Graphic and other electronic signatures are discouraged.
   2. Multiple attorney signatures - The filer of any electronically filed document requiring multiple signatures (e.g., stipulations, joint motions) must list thereon all the names of other attorney signatories by means of an " s/ [attorney's name] " block for each. By submitting such a document, the filer certifies that each of the other attorneys has expressly agreed to the form and substance of the document, that the filer has their actual authority to submit the document electronically, and that the requirements of LCrR 49.10(e)(viii) regarding evidence of signature have been met. This paragraph does not apply to pro se or unrepresented parties, whose manuscript signature, in original or scanned form, must appear on the face of the document.
   3. Court reporters and transcribers - The electronic filing of a transcript by a court reporter/transcriptionist by use of their assigned login name and password shall be deemed the filing of a signed and certified original document for all purposes.
   4. Judges - The electronic filing of an opinion, order, warrant, judgment or other document by a judge (or authorized member of the judge’s staff) by use of the judge’s login and password shall be deemed the filing of a signed original document for all purposes.
   5. Clerk of Court or deputy clerks - The electronic filing of any document by the clerk or a deputy clerk of this court or of the circuit court of appeals by use of that individual’s login and password shall be deemed the filing of a signed original document for all purposes.
   6. Probation office and office of the U.S. marshal - The probation office and office of the U.S. marshal for this district are authorized to file and serve documents electronically. The electronic filing of any document by the probation office and office of the United States marshal by use of the assigned login and password shall be deemed the filing of a signed original document for all purposes.
   7. Signature of defendant - Documents containing the original signature of the defendant must be submitted in one of three ways: (1) by use of the in-court electronic signature pad; (2) in a scanned PDF document containing the image of defendant’s manuscript signature; or, (3) if neither of the foregoing is feasible, in paper form.
   8. Evidence of original signature - Filers of documents containing signatures authorized by LCrR 49(e)(ii) (multiple attorney signatures) must maintain any records evidencing concurrence, and filers of documents containing signatures authorized by LCrR 49(d)(iii) (electronically filed affidavits, etc.) and LCrR 49(e)(vii) (documents containing defendant’s signature) must maintain the documents bearing the original manual signature for subsequent production to the court or for inspection by a party until one year after the final resolution of the action (including appeal, if any). A non-filing signatory or party who disputes the authenticity of a signature on an electronically filed document must file an objection to the document within fourteen (14) days after service of that document.
6. Proposed pleadings - Except for proposed sealed filings, if the filing of an electronically submitted document requires leave of court, such as a brief in excess of word count or page limits, the proposed document must be attached as an exhibit to the motion seeking leave to file. If the court grants leave to file the document, the Clerk of Court will electronically file the document without further action by the attorney. Requests to file documents under seal are governed by LCrR 49.8.
7. Proposed orders - Proposed orders must be submitted electronically. All proposed orders must be in PDF format and must be: (1) attached as an exhibit to a motion or stipulation; or (2) contained within the body of a stipulation; or (3) submitted separately. Do not include the word proposed in the caption or title of the proposed order. If the judge approves the proposed order, it will be refiled electronically under a separate document number.
8. Service of electronically filed documents
   
   1. Summons and warrants - Warrants and summons may be issued in electronic form with electronically affixed signatures and seal. Service of warrants and summons, must be made in accordance with Rule 4(c) of the Federal Rules of Criminal Procedure.
   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 case in which the registered attorney appears. Consequently, service of an electronically filed document upon a registered attorney is deemed complete upon the transmission of an NEF to that attorney and no separate certificate of service should be filed. Paper filed documents and sealed documents must be served on registered attorneys by nonelectronic means of service, and a proof of service filed.
   3. Service on United States Probation and Pretrial Services office - A registered attorney may serve the United States probation office electronically with a copy of sentencing memoranda, motions for departure, or any other document that the Federal Rules of Criminal Procedure or these rules require to be served on the probation office. If such documents are filed by a registered attorney electronically, service will be accomplished by the ECF system automatically. If such documents are paper filed, they must be served on the probation office by nonelectronic means of service.
   4. Service on unregistered attorneys and pro se parties - Counsel filing any pleading or other paper must serve attorneys not registered under this rule and pro se parties by nonelectronic means of service. A proof of service must be filed.
   5. Method of electronic service - At the time a document is filed either electronically or by scanning paper submissions, the court’s system will generate an NEF, which will be transmitted by e-mail to the filer and all registered attorneys who have appeared on that case. The NEF will contain a hyperlink to the filed document. The attorney filing the document should retain a paper or digital copy of the NEF, which serves as the court’s date-stamp and proof of filing. Except in the case of sealed documents (see LCrR 49.8(c)) and ex parte filings (see LCrR 49.7(b), (c)), transmission of the NEF to the registered e-mail address constitutes service of an electronically filed document upon any registered attorney. Only service of the NEF by the court’s system constitutes electronic service; transmission of a document by one party to another by regular e-mail does not constitute service.
9. Court orders, judgments, writs and other process - Judgments and orders may be filed electronically by the court or authorized court personnel. Any document filed electronically without the image of the manuscript signature of the judge or clerk has the same force and effect as a document bearing an original signature. Upon entry of an order or judgment in a criminal proceeding, the clerk will transmit an NEF to all registered attorneys. Such transmission constitutes the notice to registered attorneys required by Rule 49(c) of the Federal Rules of Criminal Procedure. The clerk will provide notice to attorneys not registered under this rule and pro se parties by nonelectronic means of service. The clerk may electronically affix the seal of the court on writs, summons, and other process, which shall have the same legal force and effect as process bearing an imprinted seal.
10. Access to electronically stored documents - Any person may review at the clerk’s office filings in a criminal case that have not been sealed by the court or filed ex parte. Any person may retrieve a docket sheet in a criminal case through the PACER system and may access electronically the text of documents (except sealed documents, ex parte documents, and transcripts) stored on the ECF system and filed on or after November 1, 2004.
11. Facsimile transmissions - The clerk will not accept for filing any pleading or other paper submitted by facsimile transmission.

Local Criminal Rule 50.  Prompt disposition of criminal cases

Local Criminal Rule 56.  District courts and clerks; issuance of process

56.2      Clerk’s Office - The court maintains Southern Division offices in Grand Rapids, Kalamazoo and Lansing and a Northern Division office in Marquette. 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).

56.4      Assignment of cases to judges

1. New criminal cases - Upon the filing of an initial indictment or information, the clerk must assign the case the next sequential number.  The case must be assigned to a district judge by automated means at random, in the proportions established from time to time by administrative order.
2. Exceptions
   
   1. Refilings - If a case is dismissed and later refiled, either in the same or similar form, upon refiling it shall be assigned or transferred to the judge to whom it was originally assigned.
   2. Subsequent proceedings - Post-conviction proceedings in criminal cases (including motions under section 2255 and proceedings to modify or revoke probation or supervised release) shall be assigned to the judge who sentenced the defendant, if that judge is still hearing cases.
   3. Related cases
      
      1. Definition - Cases are deemed related when:
         (1) a superseding indictment or information has been filed; or
         (2) any other indictment or information is pending against the same defendant(s); or
         (3) an indictment or information charges contempt of court or other crime arising from alleged violation of an order entered in a previous case; or
         (4) an indictment is returned against a defendant who is then on probation or supervised release to a judge, provided the new case involves only the same defendant; or
         (5) two or more cases are based upon a substantial common nucleus of facts, events, or transactions.
      2. Determination - When it appears to the United States attorney that two or more cases may be related cases, the United States attorney shall file at the earliest practicable time a statement in all affected cases, describing the basis for concluding that the cases may be related.  The duty magistrate judge shall promptly determine whether the cases are related.  If related, the cases will be assigned to the same judge.  If cases are found to be related cases after assignment to different judges, they may be reassigned by the Chief Judge to the judge having the related case earliest filed.
3. Miscellaneous docket - The miscellaneous docket of the court shall be conducted and assigned at random to a magistrate judge at the time of filing, and it shall include all grand jury matters.  If a miscellaneous docket matter requires proceedings conducted before a district judge, the case will be randomly reassigned to a district judge.  If a miscellaneous matter is reassigned to a district judge because the matter is contested, a new civil action number will be assigned.
4. Effect - This rule is intended to provide for an orderly division of the business of the court and not to grant any right to any litigant.
5. Duty of parties - All parties shall notify the court in writing of all pending related cases and any dismissed or remanded prior cases.

56.6      Criminal matters in the Northern Division - With the permission of the district judge to whom a case is assigned, any available district judge may take a guilty plea, preside over trial, or sentence a defendant in Northern Division cases.

57.1      Magistrate judges

1. Determination of nondispositive pretrial matters - 28 U.S.C. § 636(b)(1)(A) - A magistrate judge may hear and determine any procedural or discovery motion or other pretrial matters, other than motions to dismiss or quash an indictment or information made by a defendant and motions to suppress evidence.
2. Recommendations regarding case dispositive motions - 28 U.S.C. § 636(b)(1)(B) - A magistrate judge may submit to a district judge of the court a report containing proposed findings of fact and recommendations for disposition by the district judge of motions to dismiss or quash an indictment or information made against a defendant or motions to suppress evidence. A magistrate judge may determine any preliminary matters and conduct evidentiary hearing or other proceeding in connection with such recommendations.
3. Other duties - A magistrate judge is also authorized to:
   
   1. exercise all authority conferred upon United States magistrate judges by the Federal Rules of Criminal Procedure, including exercising case dispositive jurisdiction in petty offense and other misdemeanor prosecutions under Rule 58 of the Federal Rules of Criminal Procedure and 18 U.S.C. § 3401;
   2. conduct pretrial conferences, settlement conferences, omnibus hearings, and related pretrial proceedings in cases;
   3. conduct all nondispositive proceedings in cases not triable to the magistrate judge, including initial appearances, bond hearings, detention hearings, hearings on motion to revoke bond, arraignments, the taking of not-guilty pleas and the entering of not-guilty pleas for defendants standing mute;
   4. impanel grand juries, and receive grand jury returns in accordance with Rule 6(f) of the Federal Rules of Criminal Procedure;
   5. accept waivers of indictment and waivers of counsel;
   6. conduct voir dire and select petit juries to the extent allowed by law;
   7. accept petit jury verdicts in cases in the absence of a district judge;
   8. conduct necessary proceedings leading to the potential revocation of probation or supervised release;
   9. issue subpoenas, writs of habeas corpus ad testificandum or habeas corpus ad prosequendum, or other orders necessary to obtain the presence of parties witnesses or evidence needed for investigations or for court proceedings;
   10. order the exoneration or forfeiture of bonds;
   11. perform the functions specified in 18 U.S.C. §§ 4107, 4108, and 4109, regarding proceedings for verification of consent by offenders to transfer to or from the United States and the appointment of counsel therein;
   12. issue summons, search warrants, orders or other process authorizing agents and officers of the Internal Revenue Service or other authorized persons to enter premises and to make such search as is necessary in order to levy and seize property pursuant to Section 6331 of the Internal Revenue Code or other applicable provision of law;
   13. conduct proceedings in accordance with 26 U.S.C. §§ 7402(b) and 7604(b) regarding enforcement of Internal Revenue Service summonses;
   14. conduct extradition proceedings in accordance with 18 U.S.C. § 3184;
   15. preside over guilty pleas in felony prosecutions in the circumstances allowed by LCrR 11; and
   16. perform any additional duty not inconsistent with the Constitution and laws of the United States.
4. Appeal from judgments in misdemeanor cases - 18 U.S.C. § 3402 - A defendant may appeal a judgment of conviction by a magistrate judge in a misdemeanor case by filing a notice of appeal within fourteen (14) days after entry of the judgment, and by serving a copy of the notice upon the United States attorney. If the case was previously assigned to a district judge, that judge shall hear any appeal from the decision of the magistrate judge; otherwise, the appeal shall be assigned to a district judge at random. The scope of appeal shall be the same as on an appeal from a judgment of the district court to the court of appeals.
5. Appeals from other orders of a magistrate judge - Appeals from any other decisions and orders of a magistrate judge not provided for in this rule should be taken as provided by governing statute, rule, or decisional law. Such appeals shall be taken in accordance with the procedures set forth in LCivR 72.3.
6. Any magistrate judge of this court may exercise nondispositive jurisdiction and perform the duties authorized by this rule in any criminal case, without the necessity of an order of reference.

Local Criminal Rule 58.  Misdemeanors; petty offenses and collateral forfeitures