Judge Michelle L. Peterson

Unless otherwise ordered by the court, all motions will be decided by the court without oral argument. Counsel shall not appear on the date the motion is noted unless directed by the court. A party desiring oral argument shall so indicate by including the words “ORAL ARGUMENT REQUESTED” in the caption of its motion or responsive memorandum.

Motions noted under LCR 7(d)(1), except motions for temporary restraining orders, shall not exceed 2,100 words or, if written by hand or with a typewriter, six pages.

Reply briefs shall not exceed 2,100 words or, if written by hand or with a typewriter, six pages.

Motions for summary judgment, motions to dismiss, motions for class certification, motions for a temporary restraining order, motions for preliminary injunction, and motions aimed at changing the forum (e.g., motions to remand, transfer, or compel arbitration) and briefs in opposition shall not exceed 8,400 words or, if written by hand or with a typewriter, twenty-four pages. Reply briefs shall not exceed 4,200 words or, if written by hand or with a typewriter, twelve pages.

All other motions noted under LCR 7(d)(3) and briefs in opposition shall not exceed 4,200 words or, if written by hand or with a typewriter, twelve pages. Reply briefs shall not exceed 2,100 words or, if written by hand or with a typewriter, six pages.

Any motion in limine noted under LCR 7(d)(4) and any brief in opposition shall not exceed 6,300 words or, if written by hand or with a typewriter, eighteen pages.

When word limits apply, the signature block shall include the certification of the signer as to the number of words, substantially as follows: 'I certify that this memorandum contains ____ words, in compliance with the Local Civil Rules.' Counsel may rely on the word count of a word-processing system used to prepare the brief.

Motions seeking approval to file an over-length motion or brief are disfavored but may be filed subject to the following: (1) The motion shall be filed as soon as possible but no later than three days before the underlying motion or brief is due, and shall be noted for consideration for the day on which it is filed, pursuant to LCR 7(d)(1). (2) The motion shall be no more than 700 words or, if written by hand or with a typewriter, two pages in length and shall request a specific number of additional words or pages.

The motion shall be no more than 700 words or, if written by hand or with a typewriter, two pages in length and shall request a specific number of additional words or pages.

The surreply shall not exceed 1,050 words or, if written by hand or typewriter, three pages.

The words “IN ADMIRALTY” shall be typed in capital letters above the cause number on the first page of a pleading setting forth a claim which is cognizable only in admiralty. The words “AT LAW AND IN ADMIRALTY” shall be typed in capital letters above the cause number on the first page of a pleading setting forth a claim for relief within the admiralty and maritime jurisdiction that is also within the jurisdiction of the court on some other ground.

If the case is such that any party contends that it will require a hearing before a three judge court, the words “THREE JUDGE COURT” shall be typed in capital letters on the first page of the complaint, answer, or other pleading making such allegation immediately below the name of the pleading to the right of the name of the cause, and the original and three copies of the complaint or other pleadings shall be left with the clerk and all other pleadings and papers filed in the cause shall be submitted in quadruplicate, unless the court rules that the cause is not properly before a three judge court.

(1) Margins and Fonts. No less than three inches of space should be left at the top of the first page. All other margins must be at least one inch wide, although formatted lines and numbering, attorney information, the name of the judge(s) to whom copies should be sent, and footers may be placed in the margins. Examples of correctly formatted pages are attached as Appendix A. The text of any typed or printed brief must be 12 point or larger and must, with the exception of quotations, be double spaced or exactly 24 points. Footnotes must be 10 point or larger and may be single spaced. A proportionally spaced font must be used on all typed filings.

(2) Title. Each pleading, motion or other filing shall contain the words “United States District Court, Western District of Washington” on the first page and, in the space below the docket number, a title indicating the purpose of the paper and the party presenting it.

(7) Proposed Orders. Any document requiring the signature of the court shall bear the signature of the attorney(s) presenting it preceded by the words “Presented by” on the left-hand side of the last page and shall provide as follows: “Dated this ___ day of (Insert Month), (Insert Year). “_______________________________________ “UNITED STATES DISTRICT JUDGE [or UNITED STATES MAGISTRATE JUDGE]”

(10) Marking Exhibits. All exhibits submitted in support of or opposition to a motion must be clearly marked with divider pages. References in the parties’ filings to such exhibits should be as specific as possible (i.e., the reference should cite specific page numbers, paragraphs, line numbers, etc.). All exhibits must be marked to designate testimony or evidence referred to in the parties’ filings. Acceptable forms of markings include highlighting, bracketing, underlining or similar methods of designations but must be clear and maintain the legibility of the text. Filing parties shall submit only those excerpts of the referenced exhibits that are directly germane to the matter under consideration, or necessary to provide relevant context. Excerpted material must be clearly and prominently identified as such. Parties who file excerpts do so without prejudice to their right to timely file additional excerpts of the exhibit with reply briefs if otherwise appropriate. Responding parties may also timely file additional excerpts of the exhibit that they believe are directly germane.

(11) Format of Hard Copy or Paper Originals. Originals of documents filed with the court shall not contain double-sided pages or items other than 8 ½ x 11 inch paper, unless double-sided or larger original documents are being filed as exhibits. If an original document is required to be filed with the court, any required signature thereto must also be original.

The party intending to offer the deposition testimony at trial shall prepare a single copy of the deposition transcript containing the parties’ designations, highlighting all testimony, indicating any objections and all responses to objections in the margins, all in a single color used only by that party. A failure to designate an objection in this manner shall constitute a waiver, even if the objection was previously stated at the deposition. Counsel shall then file the deposition designations with the pretrial order. The court’s rulings on objections shall be made part of the record.

(D) Within four days of receipt of the LCR 37 submission from the opposing party, the moving party will either add its reply and file the joint submission with the court, or notify the opposing party that it no longer intends to move for the requested relief. The moving party’s reply, if any, in support of a disputed discovery request shall follow the opposing party’s rebuttal for such request in the joint submission and shall not exceed 175 words or, if written by hand or typewriter, one half page for each reply.

(E) The total text that each side may contribute to a joint LCR 37 submission shall not exceed 4,200 words or, in written by hand or typewriter, twelve pages. This limit shall include all introductory or position statements, and statements in support of, or in opposition to, a particular request, but shall not include the discovery request itself.

This memorandum should not exceed 3,500 words or, if written by hand or typewriter, 10 pages in length.

(2) A party proceeding pro se shall keep the court and opposing parties advised as to his or her current mailing address and, if electronically filing or receiving notices electronically, his or her current email address. If mail directed to a pro se plaintiff by the clerk is returned by the Postal Service, or if email is returned by the internet service provider, and if such plaintiff fails to notify the court and opposing parties within 60 days thereafter of his or her current mailing or email address, the court may dismiss the action without prejudice for failure to prosecute.

It is the right and duty of attorneys to be present in the courtroom at all times the court may be in session. If an attorney voluntarily absents himself or herself during such times or when the jury is deliberating, that attorney waives his or her right to be present and consents to such proceedings as may take place in the courtroom during his or her absence.

Counsel shall not contact or interview jurors or cause jurors to be contacted or interviewed after trial without first having been granted leave to do so by the court.

A party filing a motion for summary judgment or a response in opposition thereto shall not separately file a statement of material facts or opposing statement of facts but shall include them within the memorandum and within any word or, if written by hand or typewriter, page limitations set forth in these rules.

(2) Length of Motion; Noting Date: The motion must not exceed 8,400 words or, if written by hand or typewriter, twenty-four pages in length and may be noted for the same day it is filed.

(5) Response: Unless the court orders otherwise, the adverse party must (1) file a notice indicating whether it plans to oppose the motion within twenty-four hours after service of the motion, and (2) file its response, if any, within forty-eight hours after the motion is served. The response may not exceed 8,400 words or, if written by hand or typewriter, twenty-four pages in length, and no reply will be permitted.

Any objection filed pursuant to this subsection must be noted for consideration for the day it is filed. No response shall be filed unless requested by the court. The request will set a date when the response is due, and may limit briefing to particular issues or points raised by the objections, may authorize a reply, and may prescribe word or, if written by hand or typewriter, page limitations.

Except as otherwise provided by court order or rule, objections to a magistrate judge’s order or recommended disposition, or any response thereto, shall not exceed 4,200 words or, if written by hand or typewriter, twelve pages.

The taking of photographs or any electronic (audio or video) recordings, and the broadcast or streaming thereof in connection with any Judicial Proceeding, is prohibited, except as authorized by the Judicial Conference of the United States or the Judicial Council of the Ninth Circuit. Photographing, transmitting, or recording any court proceedings from a location outside the courthouse in conjunction with a remote appearance, or any other remote court proceeding conducted by telephone or video conference is also prohibited.

Notwithstanding subparagraph (1), unless otherwise ordered by the court, appellant’s and appellee’s initial briefs shall not exceed 10,500 words or, if written by hand or typewriter, thirty pages, and appellant’s reply brief shall not exceed 7,000 words or, if written by hand or typewriter, twenty pages.

The clerk will immediately notify the Superintendent of the Washington State Penitentiary, the Washington Attorney General, and the prosecutor of the county of conviction whenever relief is granted on a petition.

The clerk will immediately notify the clerk of the United States Court of Appeals for the Ninth Circuit by telephone of (i) the issuance of a final order denying or dismissing a petition without a certificate of probable cause, or (ii) the denial of a stay of execution.

When a notice of appeal is filed, the clerk will transmit the available records to the Court of Appeals immediately.

No participant other than the court-reporting agency and videographer (after appropriate notice) may record by video, photograph, or audio any of the proceedings. This shall include recording using any form of virtual transmitting device,