Western District proposes local court amendments

Beginning June 1, 2012, the U.S. District Court for the Western District of Michigan will require electronic filing of civil complaints under a proposed amendment to the court’s local rules.

W.D. Mich. LCivR 5.7(c) and (d)(i) currently allow for, but do not require, electronic filing of complaints and other initial pleadings. According to Administrative Order 11-126:

Over 70% of initial pleadings are now filed electronically, and only a few attorneys are not making use of electronic filing of complaints.

The Court has concluded that electronic filing of complaints should be made mandatory for all attorneys, for cases filed on and after April 1, 2012.

Exceptions will be made on a showing of hardship or other good cause and for cases that are sealed in their entirety, such as qui tam actions.

Unrepresented litigants will continue to file their complaints — and all other documents — on paper.

Under the proposed changes, W.D. Mich. LCrimR 9 would be repealed.

Local Criminal Rule 9.1 (requiring delivery of original arrest warrants to the Marshal) is hereby REPEALED. The rule is no longer necessary, in light of W.D. Mich. LCrimR 49.10(h)(i) which allows the Court to issue and to transmit warrants in electronic form.

Under proposed W.D. Mich LCivR 5.7(d)(ii)(F) and (d)(vii), a 5 MB filing restriction would be lifted.

The Local Rules presently prohibit the electronic filing of any document over 5 MB in size.

Technological changes now allow the filer to divide such oversized documents into parts, each smaller than 5MB, for purposes of electronic filing.

The Local Criminal and Civil Rules are therefore amended to remove this restriction and to require appropriate division of oversized documents.

The Western District has tenatively approved the amendments but is seeking comments on the proposed changes.

All comments should be in writing and must be received by the Court no later than January 27, 2012. Comments should be addressed to:

Tracey Cordes, Clerk
United States District Court
399 Ford Federal Building
110 Michigan, N.W.
Grand Rapids, MI 49503

or submitted electronically to ecfhelp@miwd.uscourts.gov. The Court will consider all comments at its March 2012 meeting before promulgating a final version of the proposed rules.