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United States District CourtEastern District of MichiganLR 1.1 Scope of Rules(a)Title and Citation. These rules are to be known as the Local Rules of the United States DistrictCourt for the Eastern District of Michigan. They may be cited as "E. D. Mich. LR" and “E.D. Mich.LCrR“.(b)Effective Date. The Civil Rules became effective on January 1, 1992; the Criminal Rules on July1, 1992. An amendment to these rules takes effect on the first day of the month following adoptionunless otherwise ordered by the court. The effective date of the most recent amendment to a ruleappears in the lower left hand corner of the page.(c)Scope of Rules. These rules apply in civil and criminal actions. Special rules governingproceedings before magistrate judges may be found at LR 72.1, bankruptcy cases at LR 83.50, admiraltycases at LR B.1 through E.1, and criminal cases at LCrR 1.1 to 58.1. The Local Rules of the Bankruptcy Courtfor the Eastern District of Michigan govern practice in the bankruptcy court. In the absence of a specificprovision in one of these special rules, the general provisions apply.(d)Relationship to Prior Rules; Actions Pending on Effective Date. These Rules supersede allprevious Rules promulgated by this Court or any Judge of this Court. They shall govern all applicableproceedings brought in this Court after they take effect. They also shall apply to all proceedings pendingat the time they take effect, except to the extent that in the opinion of the Court the application thereofwould not be feasible or would work injustice, in which event the former Rules shall govern.January 4, 199910

United States District CourtEastern District of MichiganLR 1.2 Emergency Suspension of the Local RulesFor good cause shown, for a particular matter, any Judge of this Court may temporarily suspendthe operation of the Rules.January 1, 199211

United States District CourtEastern District of MichiganLR 1.3 Availability of the Local RulesCopies of these Rules as amended are available online at www.mied.uscourts.gov.January 1, 201612

United States District CourtEastern District of MichiganLR 3.1 Civil Case Cover Sheet(a)A person filing a complaint or other document initiating a civil action must—(1)when filing electronically, provide the information normally entered on the civil casecover sheet, or(2)when not filing electronically, complete and file a civil case cover sheet.(b)The clerk will accept for filing an initiating document without a civil case cover sheet and mayenlist the cooperation of counsel or a pro se party in completing the civil case cover sheet.COMMENT: The civil case cover sheet is available at the clerk's office andthe court's web site.July 1, 201013

United States District CourtEastern District of MichiganLR 3.2 Method of PaymentThe United States District Court for the Eastern District of Michigan does not accept cash forpayment of court fees, services, fines payments, bond payments or restitution. The Court accepts creditcards, checks and money orders as forms of payment. Checks should be made payable to Clerk, U.S.District Court. Court staff will not make change; exact amount whether in check or money order must bepresented.May 1, 201614

United States District CourtEastern District of MichiganLR 4.1 Issuance and Service of Process(a)Issuance of Process. A party requesting the issuance of any process or who initiates a proceedingin which the issuance of process is required by statue, rule, or order must prepare all required forms.Where necessary, the party must present the process to the Clerk for signature and sealing.(b)Service of Process. Subject to subsection (c) of this rule, unless the plaintiff requests otherwise,the Clerk must arrange for service of the summons and complaint by the United States Marshal for aplaintiff authorized to proceed in forma pauperis under 28 U.S.C. § 1915 or as a seaman under 28 U.S.C.§ 1916. A request for that assistance is not necessary.(c)Represented Parties. If an attorney represents a plaintiff authorized to proceed in forma pauperisunder 28 U.S.C. § 1915, or as a seaman under 28 U.S.C. § 1916, that attorney is deemed speciallyappointed by the Court and must arrange for service of the summons and complaint.COMMENT: This rule implements Federal Rule of Civil Procedure 4(c)(3).When a plaintiff who qualifies for pauper status is represented by anattorney, the attorney must arrange for service of process, but may seekassistance for service from the United States Marshal at governmentexpense only after obtaining an Order Directing Service by the UnitedStates Marshal.July 1, 201815

United States District CourtEastern District of MichiganLR 5.1 Filing of Papers(a)Papers presented for filing must comply with the following:(1)Required Information. Papers must include:assigned, and(A)the name of the court,(B)the title and number of the case,(C)the name or nature of the paper in sufficient detail for identification,(D)the name of the district judge and magistrate judge to whom the case is(E)the following contact information:(i)For an attorney:telephone number, and state bar identification number.telephone number.(ii)Name, office address, e-mail address,For a party without counsel: Name, address, e-mail address, and(2)Format. All papers must be on 8 ½ x 11 inch white paper of good quality, plainlytypewritten, printed, or prepared by a clearly legible duplication process, and double-spaced, except forquoted material and footnotes. Margins must be at least one inch on the top, sides, and bottom. Eachpage must be numbered consecutively. This subsection does not apply to exhibits submitted for filing anddocuments filed in removed actions before removal from the state courts.(3)Type Size. Except for standard preprinted forms that are in general use, type size of alltext and footnotes must be no smaller than 10-1/2 characters per inch (non-proportional) or 14 point(proportional).(b)Number of Copies Required.(1)Papers Filed Electronically. Attorneys and parties without counsel should refer to thecourt’s ECF Policies and Procedures and the court’s website to determine those papers that each judgerequests be provided as a judge’s copy.(2)Papers Not Filed Electronically. All papers not filed electronically with the clerk mustinclude an original and one copy. The copy should be clearly marked "JUDGE'S COPY."(c)Number of Copies Required for a Three-Judge Court. In any action or proceeding in which a threejudge court is requested, parties not filing electronically must file an original and three copies of papersuntil it is determined either that a three-judge court will not be convened or that the three-judge courthas been convened and dissolved and the case remanded to a single judge. The court may allow fewercopies.16

United States District CourtEastern District of Michigan(d)Exhibits.(1)Filed Electronically. Exhibits filed electronically must comply with the court’s ECF Policiesand Procedures.(2)Not Filed Electronically. Bulky exhibits must be securely bound or fastened and clearlymarked with the case number and the name of the judge to whom the case is assigned.COMMENT: LR 26.2 applies to filing discovery material.LR 83.50 applies to filing papers in bankruptcy cases and proceedings.Counsel and parties not filing electronically are advised that the handlingand storage of documents are facilitated if they are received flat andwithout folds.Under LR 5.1.1, the court may excuse a party from electronic filing onmotion for good cause shown.Attempts to circumvent the LR in any way may be considered an abusivepractice which may result in papers being stricken as well as sanctionsbeing imposed under LR 11.1.April 1, 201917

United States District CourtEastern District of MichiganLR 5.1.1 Filing and Service by Electronic Means(a)Governing Rules and Procedures. The local rules, the court’s ECF Policies and Procedures(Appendix ECF to these rules), and court orders govern papers filed by electronic means. Except asspecified otherwise in the ECF Policies and Procedures or by court order, all papers (not simply cases) filedafter November 30, 2005 must be filed electronically. The court may excuse a party from electronic filingon motion for good cause shown. Except as specified otherwise in this rule, papers must also comply withLR 5.1.(b)(Reserved)(c)Judge’s Copies.(1)Requirement. The court’s web site specifies those papers that each judge requests be(2)Form. The judge’s copy must have the Notice of Electronic Filing attached to the front.(3)Submission to Judge. The judge’s copy must be submitted directly to the judge’sprovided directly to the judge as a judge’s copy. Judge’s copies otherwise need not be provided unlessthe judge specifically requests them.chambers, not to the clerk’s office. Furnishing a judge’s copy is not filing.(d)Facsimile Transmission. Filing by electronic means does not include filing by facsimiletransmission.COMMENT: The Court will maintain electronic case files for all civil cases.Administrative Order No. 04-AO-08, filed on February 4, 2004, suspendedthe original effective date of LR 5.1.1 from March 1, 2004, to June 1, 2004.A judge may impose time or other limitations on the “good cause shown”referred to in (a).April 1, 201918

United States District CourtEastern District of MichiganLR 5.2 (Reserved)This rule has been deleted. See Fed. R. Civ. P. 5(b)(2)(E).April 1, 201919

United States District CourtEastern District of MichiganLR 5.3 Civil Material Filed Under Seal(a)Sealing Items Authorized by Statute or Rule. When a statute or rule authorizes filing adocument or other item under seal in a civil case, the item may be filed without a court order,according to the following procedure:(1)A separate notice of filing under seal must be filed before filing an item under seal.(2)The notice must include:(A)a citation of the statute or rule authorizing the seal;(B)an identification and description of each item submitted under seal; and(C)a statement establishing that the items are within the statute or ruleauthorizing the sealing.(b)Sealing Items Not Authorized by Statute or Rule(1)Except as allowed by statute or rule, documents (including settlementagreements) or other items may not be sealed except by court order. A party or other personmay not file or tender to the clerk an item proposed for sealing under this subrule unless theCourt enters an order permitting sealing.(2)A party or other person seeking to file a document under seal in a civil case underthis section must file and serve a motion to authorize sealing that is narrowly tailored to seeksealing in accord with applicable law.(3) Procedure for Moving to File Under Seal.(A) Motion. Any motion to file under seal must contain:(i)an index of documents which are proposed for sealing and, as toeach document, whether any other party objects;(ii)a description of any non-party or third-party privacy interests thatmay be affected if the documents or portions thereof to be sealed were publicly disclosed on thecourt record;20

United States District CourtEastern District of Michigan(iii)whether the proposed sealed material was designated as‘confidential’ under a protective order and by whom;(iv)for each proposed sealed exhibit or document, a detailed analysis,with supporting evidence and legal citations, demonstrating that the request to seal satisfiescontrolling legal authority;(v)a redacted version of the document(s) to be sealed, filed as anexhibit to the motion, unless the proponent of filing is seeking to file the entire document underseal, in which case a blank sheet shall be filed as an exhibit. The redacted version must be clearlymarked by a cover sheet or other notation identifying the document as a “REDACTED VERSIONOF DOCUMENT(S) TO BE SEALED”; and(vi)an unredacted version, filed as a sealed exhibit, of the documentthat is sought to be filed under seal. Under this section the unredacted version may be filedunder seal for the limited purpose of resolving the motion to seal without a prior court order.The unredacted version must be clearly marked by a cover sheet or other notation identifyingthe document as an “UNREDACTED VERSION OF DOCUMENT(S) TO BE SEALED PURSUANT TO LR5.3(b)(3)(B)(iii).” The unredacted version must clearly indicate, by highlighting or other method,the portions of the document which are the subject of the motion.(B)If the Court has not ruled on the sealing motion by the time the underlyingfiling must be made (e.g., a motion or brief or exhibits attached thereto), said filing shall haveredactions matching those submitted under paragraph (A)(v).(C)Disposition of Sealing Motion.(i)The Court may grant a motion to seal only upon a finding of acompelling reason why certain documents or portions thereof should be sealed.(ii)If the Court grants the sealing motion in whole or in part, theCourt’s sealing order shall specifically reference each document (or portion thereof) as to whichsealing was granted. These documents may be considered by the Court with regard to theunderlying filing. The moving party shall promptly file each document authorized for sealing inlieu of or as an exhibit to the underlying filing.(iii)If the Court denies in part or in whole the sealing motion:21

United States District CourtEastern District of Michigan(1)The unredacted documents filed under seal underparagraph (b)(3)(A)(vi) remain sealed for purposes of preserving the record with regard to thecourt’s ruling on the sealing motion.(2) The court will not consider or rely on the unredacted version ofthe documents sought to be sealed and as to which the sealing motion was denied, unless themoving party promptly files the unredacted version.(3) The court may determine that it can rule on the underlying filingwithout regard to any documents sought to be sealed and as to which sealing was denied (i.e.,based upon the redacted document), in which case it may rule on the filing without further actionby the parties.(4) The court may determine that justice requires, in order toadjudicate the underlying filing, that a party file additional materials. The court may adjustbriefing and hearing schedules accordingly.(iv)Statements made in any motions or responses to motions filedunder this rule are not admissible by any party to prove or disprove any element of a disputedclaim or to impeach by a prior inconsistent statement or contradiction. An order adjudicating amotion filed under this rule does not create any presumption on any substantive issue in thecase.(c)Unsealing Documents. When the Court orders an item unsealed, the clerk will make itpublicly available as any other public document.COMMENTS: Attorneys are cautioned that attempts to circumventthis rule may result in the imposition of sanctions.Sealed settlement agreements are covered by LR 5.3(b)(1).Generally, except in extraordinary circumstances, the sealing ofsettlement agreements is disfavored.Protective orders are covered under LR 26.4.The delivery of papers filed under seal to Federal Court facilitiesmust be in accordance with LR 83.31(a)(3)(B). (7/1/08)22

United States District CourtEastern District of MichiganOther material provided by statute, e.g., Qui Tam cases, are notcovered by this rule.Documents filed electronically must comply with the Court's ECFPolicies and Procedures (Appendix ECF to these rules).COMMENTS TO 2018 REVISIONS:Attorneys are cautioned that there is a strong presumption in favorof openness as to court records. The burden of overcoming thispresumption is borne by the party that seeks to seal documents onthe court record. The burden is a heavy one and only the mostcompelling reasons can justify non-disclosure of judicial records.For further guidance on the legal standards governing filing underseal, see Shane Group, Inc. v. Blue Cross Blue Shield of Michigan,825 F.3d 299 (6th Cir. 2016), Beauchamp v. Fed. Home LoanMortgage Corp., 658 Fed. App’x 202 (6th Cir. 2016), and RuddEquipment Co. v. John Deere Const. & Forestry Co., 834 F.3d 589(6th Cir. 2016).Parties are encouraged to consider redaction of documents to excisethose portions which are deemed confidential and not relevant to thematter before the court, and thus avoid a sealing motion. Parties areexpected to confer in detail before a sealing motion is filed in order toreduce the number of documents which are the subject of the motionand to otherwise reach agreement on the relief requested.March 1, 201823

United States District CourtEastern District of MichiganLR 7.1 Motion Practice(a)Seeking Concurrence in Motions and Requests.(1)The movant must ascertain whether the contemplated motion, or request under FederalRule of Civil Procedure 6(b)(1)(A), will be opposed. If the movant obtains concurrence, the parties or otherpersons involved may make the subject matter of the contemplated motion or request a matter of recordby stipulated order.(2)If concurrence is not obtained, the motion or request must state:(A)there was a conference between attorneys or unrepresented parties and otherpersons entitled to be heard on the motion in which the movant explained the nature of the motion orrequest and its legal basis and requested but did not obtain concurrence in the relief sought;(B)despite reasonable efforts specified in the motion or request, the movant wasunable to conduct a conference; or(C)concurrence in this motion has not been sought because the movant ornonmovant is an incarcerated prisoner proceeding pro se.(3)(b)The court may tax costs for unreasonable withholding of consent.Motions.(1)Motions must comply with LR 5.1.(2)A party must obtain leave of court to file more than one motion for summary judgment.For example, a challenge to several counts of a complaint generally must be in a single motion.(c)Responses.(1)A respondent opposing a motion must file a response, including a brief and supportingdocuments then availa

LR 77.1 Sessions of the Court 79 LR 77.2 Presiding Judge 80 (a) Presiding Judge Calendar (Detroit 80 (b) Role of Presiding Judge. 80 (c) Judge Absent or Unavailable. 80 (d) Ann Arbor and Port Huron 80 (e) Bay City. 80 (f) Flint. 80 LR 80.1 Orders for Transcript from Official Court Reporters 82 LR 81.1 Removal of Diversity Actions 83