UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
IN RE: PROPOSED AMENDMENTS Administrative Order
TO LOCAL CIVIL RULE 7.1(d) and No. 23-RL-068
LOCAL CRIMINAL RULE 12.4
REGARDING MOTION PRACTICE AND
ATTEMPT TO OBTAIN CONCURRENCE
___________________________________/
Pursuant to 28 U.S.C. § 2071, Federal Rules of Civil Procedure 83, and Federal Rules of
Criminal Procedure 57, the Court hereby gives notice of its consideration of amendments to the
Local Civil Rules and the Local Criminal Rules. The proposed amendments are intended to
facilitate more timely and meaningful consultation between parties regarding issues that may
require judicial decision and to minimize the expenditure of judicial resources.
The proposed amendments have been reviewed and tentatively approved by the Judges of
this Court at a regular meeting conducted June 9, 2023. The proposed rule amendments are
attached to this order in both mark-up form, as well as a clean copy without markup. The rule
amendments are also available on the Court’s website or in paper form at the Clerk’s Office.
NOTICE IS HEREBY GIVEN to all members of the public of their opportunity to review
and comment on the attached proposed rule amendments. A copy of this order will be available
in each divisional office and on the Court’s website. In addition, the Clerk shall send electronic
notice to all attorneys registered to use the CM/ECF system. The Clerk shall provide a copy of
the proposed amendment to the Federal Bar Association, West Michigan Chapter, the State Bar of
Michigan Committee on United States Courts, and the Michigan Lawyer’s Weekly.
All comments should be in writing and must be received by the Court no later than July
31, 2023. Comments should be addressed to:
Ann Filkins, Clerk of Court
United States District Court
399 Ford Federal Building
110 Michigan St., N.W.
Grand Rapids, MI 49503
or submitted electronically to
[email protected]. The Court will consider all comments
before promulgating a final version of the proposed rules.
FOR THE COURT:
Dated: June 12, 2023
HALA Y. JARBOU
CHIEF UNITED STATES DISTRICT JUDGE
2
Proposed Amendment to Local Civil Rule 7.1(d)
The proposed change to the language of Local Civil Rule 7.1(d) is reflected in
following redline version:
7.1(d)(1) Attempt to obtain concurrence – With respect to all
motions, the moving party shall ascertain whether the motion
will be opposed. In addition, in the case of all nondispositive
motions, counsel or pro se parties involved in the dispute shall
confer in a good-faith effort to resolve the dispute. To
accomplish this, the movant must confer with the other parties
and persons entitled to be heard on the motion in a manner that
reasonably explains the basis for the motion and allows for an
interactive process aimed at reaching agreement on the matter
or those aspects of the matter that can be resolved without court
intervention, given the nature of the contemplated motion. The
conference must be held sufficiently in advance of filing the
motion to allow the opportunity for meaningful discussion. All
nondispositive motions shall be accompanied by a separately
filed certificate setting forth in detail the efforts of the moving
party to comply with the obligation created by this rule.
(d)(2) If concurrence is not obtained – the nondispositive motion
shall be accompanied by a separately filed certificate setting
forth in detail:
(A) the identification of the participants of the
conference, the issues addressed in the conference, and
the legal basis for each party’s position;
(B) the reasons why, despite reasonable and timely
efforts, the movant was unable to conduct a conference; or
(C) the reasons why, given the emergent nature of the
motion, concurrence could not reasonably be sought.
(d)(3) Sanctions – The Court may impose sanctions for
unreasonably withholding of concurrence and for violating this
rule, which may include taxing costs and attorney’s fees,
denying the motion, and striking the filing.
Proposed Amendment to Local Criminal Rule 12.4
The proposed change to the language of Local Criminal Rule 12.4 is reflected
in following redline version:
12.4(a) Attempt to obtain concurrence – With respect to all
motions, the moving party shall ascertain whether the motion
will be opposed. In addition, in the case of all nondispositive
motions, counsel or pro se parties involved in the dispute shall
confer in a good-faith effort to resolve the dispute. To
accomplish this, the movant must confer with the other parties
and persons entitled to be heard on the motion in a manner that
reasonably explains the basis for the motion and allows for an
interactive process aimed at reaching agreement on the matter
or those aspects of the matter that can be resolved without court
intervention, given the nature of the contemplated motion. The
conference must be held sufficiently in advance of filing the
motion to allow the opportunity for meaningful discussion. All
nondispositive motions shall be accompanied by a separately
filed certificate setting forth in detail the efforts of the moving
party to comply with the obligation created by this rule.
(b) If concurrence is not obtained – the nondispositive motion
shall be accompanied by a separately filed certificate setting
forth in detail:
(1) the identification of the participants of the
conference, the issues addressed in the conference, and
the legal basis for each party’s position;
(2) the reasons why, despite reasonable and timely
efforts, the movant was unable to conduct a conference; or
(3) the reasons why, given the emergent nature of the
motion, concurrence could not reasonably be sought.
(c) Sanctions – The Court may impose sanctions for
unreasonably withholding of concurrence and for violating this
rule, which may include taxing costs and attorney’s fees,
denying the motion, and striking the filing.
Proposed Amendment to Local Civil Rule 7.1(d)
7.1(d)(1) Attempt to obtain concurrence – With respect to all motions,
the moving party shall ascertain whether the motion will be opposed. In
addition, in the case of all nondispositive motions, counsel or pro se
parties involved in the dispute shall confer in a good-faith effort to
resolve the dispute. To accomplish this, the movant must confer with
the other parties and persons entitled to be heard on the motion in a
manner that reasonably explains the basis for the motion and allows for
an interactive process aimed at reaching agreement on the matter or
those aspects of the matter that can be resolved without court
intervention, given the nature of the contemplated motion. The
conference must be held sufficiently in advance of filing the motion to
allow the opportunity for meaningful discussion.
(d)(2) If concurrence is not obtained – the nondispositive motion shall
be accompanied by a separately filed certificate setting forth in detail:
(A) the identification of the participants of the conference, the
issues addressed in the conference, and the legal basis for each
party’s position;
(B) the reasons why, despite reasonable and timely efforts, the
movant was unable to conduct a conference; or
(C) the reasons why, given the emergent nature of the motion,
concurrence could not reasonably be sought.
(d)(3) Sanctions – The Court may impose sanctions for unreasonably
withholding of concurrence and for violating this rule, which may
include taxing costs and attorney’s fees, denying the motion, and
striking the filing.
Proposed Amendment to Local Criminal Rule 12.4
12.4(a) Attempt to obtain concurrence – With respect to all motions, the
moving party shall ascertain whether the motion will be opposed. In
addition, in the case of all nondispositive motions, counsel or pro se
parties involved in the dispute shall confer in a good-faith effort to
resolve the dispute. To accomplish this, the movant must confer with
the other parties and persons entitled to be heard on the motion in a
manner that reasonably explains the basis for the motion and allows for
an interactive process aimed at reaching agreement on the matter or
those aspects of the matter that can be resolved without court
intervention, given the nature of the contemplated motion. The
conference must be held sufficiently in advance of filing the motion to
allow the opportunity for meaningful discussion.
(b) If concurrence is not obtained – the nondispositive motion shall be
accompanied by a separately filed certificate setting forth in detail:
(1) the identification of the participants of the conference, the
issues addressed in the conference, and the legal basis for each
party’s position;
(2) the reasons why, despite reasonable and timely efforts, the
movant was unable to conduct a conference; or
(3) the reasons why, given the emergent nature of the motion,
concurrence could not reasonably be sought.
(c) Sanctions – The Court may impose sanctions for unreasonably
withholding of concurrence and for violating this rule, which may
include taxing costs and attorney’s fees, denying the motion, and
striking the filing.
