(a) Procedure for Hearing. In most cases, the Court will not hear or rule on any motion
for a temporary restraining order or a preliminary injunction until after the Court holds
an informal preliminary conference with all parties to determine what additional
proceedings are necessary. The movant shall obtain, from the office of the Judge to
whom the action is assigned, a date and time for the informal conference and shall
immediately notify counsel for the adverse party, if known, or if not known, the adverse
party, that the application has been filed or is to be filed and the date, time, and location
of the conference. The trial attorney shall also comply with the service requirements
of subsection (b).
(b) Form of and Service of Motions. Motions for temporary restraining orders or
preliminary injunctions shall be made in pleadings separate from the complaint and in
accordance with this Rule. Motions shall be accompanied by a certificate of the trial
attorney or other proof satisfactory to the Court that: (1) the motion and all other filings
in the action have been served upon the adverse party’s attorney, if known, or if not
known, then the adverse party; (2) reasonable efforts to accomplish the service of the
motion and other filings have been made; or (3) the reasons, in affidavit form, why such
service cannot or need not be made or be required.
(c) Absence of Assigned Judge. In the event that the Judge to whom the action is assigned
is not reasonably available to act upon a motion that requires immediate attention, the
movant shall request the Clerk to assign the matter, temporarily, to another Judge who
is available and who consents to hear the matter. The assignment of any matter in this
manner shall not constitute a permanent reassignment of the action from the originally
assigned Judge.
66.1 : Election-Related Matters
This Rule is to ensure, to the extent practicable, that parties do not use the CM/ECF case-
assignment system to direct a particular matter to, or away from, a specific Judicial
Officer and to enhance transparency with regard to Election-Related Matter case
assignments.
(a) Scope of Rule. An “Election-Related Matter” includes, without limitation, matters
directed at polling place procedures, ballot tabulation procedures or methodologies, or
voter registration or ballot access issues. For purposes of this Rule, a matter will be
designated as an Election-Related Matter if it is (1) a matter filed in which the filing
party has indicated the filing in CM/ECF is an election-related issue, or (2) a matter in
which any form of preliminary injunctive relief is sought and which involves
election-related issues, even if the filing is not identified as election-related in
CM/ECF.
(b) Assignment of Election-Related Matters. For an Election-Related Matter, normal
CM/ECF and case management policies and procedures will be modified as follows:
(1) Each Election-Related Matter designated as such at the time of filing will be
assigned to a District Judge per the standard CM/ECF random-assignment
process.
(2) Local Rule 3.1(b) will not apply to Election-Related Matters, and the presumption
will be that an Election Related Matter will remain with the Judicial Officer to
whom the case was originally assigned.
