UNITED STATES OF AMERICA
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
In re: )
) Administrative Order
LOCAL CRIMINAL RULE 57.3(g) ) No. 13-082
__________________________________________)
At a regular Judges’ meeting conducted on September 20, 2013, the Court approved
an amendment to the Local Criminal Rules involving issuance of writs of habeas corpus ad
prosequendum and ad testificandum. By adding a new subsection (ii) to Criminal Rule 57.3(g), the
Court makes it clear that requests to issue writs under seal must be properly supported with a factual
showing of good cause and that both the application and the order for issuance of the writ must
clearly reflect in their captions that the documents are being filed under seal, to prevent inadvertent
disclosure. Now, therefore:
IT IS ORDERED that Local Criminal Rule 57.3(g) of this Court be and hereby is
amended, as shown in the attachment to this Administrative Order.
IT IS FURTHER ORDERED that the foregoing amendment shall take effect
immediately, because it does not affect substantive or procedural rights and will afford immediate
improvement to the record keeping of this Court. See 28 U.S.C. § 2071(e). Any member of the
public may, however, submit a comment in writing no later than November 1, 2013, to the Clerk
of Court by mail or electronically to
[email protected]. The Court will consider all
comments and determine whether a further amendment to the Rule is required.
IT IS FURTHER ORDERED that the Clerk shall provide a copy of this
Administrative Order to the Judicial Conference of the Sixth Circuit, the Administrative Office of
the United States Courts, the United States Attorney and the Federal Public Defender for this
District, the Local Rules Advisory Committee for the Western District of Michigan, and the Standing
Committee on Rules of the Judicial Conference. All attorneys who are registered for electronic
service on the CM/ECF system shall be given electronic notice of this Rule Amendment.
FOR THE COURT:
Dated: September 24, 2013 _______________________________________
Paul L. Maloney
Chief United States District Judge
Local Criminal Rule 57.3
(g) Writs of habeas corpus
(i) Requirements - All writs of habeas corpus ad prosequendum or testificandum
for an individual shall, in addition to stating a specific date and time, include
the following phrase: “and at such other times and dates as the Court may
decree.” Every effort shall be made to allow fourteen (14) days after service
prior to the required appearance.
(ii) Requests to seal - A request that the writ be issued under seal must state facts
showing good cause supporting the request. The caption of both the
application and the proposed order granting the writ must clearly identify the
document as being filed under seal.
