Western District of Washington Adjournment & Extension Requirements

CRITICAL

Unless otherwise instructed, the parties are directed to refrain from filing a written motion or stipulation to request a continuance of these deadlines.

Unless otherwise instructed, the parties are directed to refrain from filing a written motion or stipulation to request a continuance of these deadlines.

CRITICAL

Meet and confer required before requesting continuance.

The parties who have already appeared in this matter are required to meet and confer before contacting the Court to request an extension.

CRITICAL

Contact Victoria Ericksen by email to request continuance of initial scheduling deadlines.

Should the parties wish to request a continuance of the deadlines set forth in the Court’s Order Regarding Initial Disclosures and Joint Status Report, counsel are directed to contact the Court’s courtroom deputy, Victoria Ericksen, by email at victoria_ericksen@wawd.uscourts.gov.

CRITICAL

Deadlines remain operational until the Court has ruled on a motion to extend those deadlines, so parties should file motions to extend a deadline well in advance of the deadline. The Court will not prioritize such motions simply because the parties have waited until a deadline is imminent before filing a motion to extend.

Deadlines remain operational until the Court has ruled on a motion to extend those deadlines, so parties should file motions to extend a deadline well in advance of the deadline. The Court will not prioritize such motions simply because the parties have waited until a deadline is imminent before filing a motion to extend.

WARNING

A request for continuance represents that consent has been obtained from all parties who responded.

A party who dockets a notice requesting a continuance of a hearing on a motion is affirmatively representing to the court that consent to the continuance has been obtained from all parties who have filed an objection or response.

WARNING

Initial case schedule deadlines may be extended by contacting the Courtroom Deputy, without filing a stipulation.

The initial case schedule deadlines may be extended by contacting Judge Whitehead’s Courtroom Deputy. There’s no need to file a stipulation with the Court.

WARNING

The Court generally will not shorten the interval between the dispositive-motion deadline and trial without a really good reason.

Generally, Judge Whitehead will not decrease the time between the dispositive motion deadline and the trial date absent a really good reason.

WARNING

Requests for relief from court deadlines must follow the Local and Civil Rules.

Relief from any court deadline must be sought under the Local and Civil Rules.

WARNINGCivil cases

Parties may request amendment to amended case schedule deadlines within 14 days if irreconcilable conflicts exist.

If the Court grants the stipulated motion for a continuance, it will issue an amended case schedule using its standard offset dates (in the table below). If any of the deadlines in the amended case schedule cause an irreconcilable conflict, the parties may request amendment within 14 days after the amended case schedule is entered.

WARNING

Absent extraordinary delay or other special circumstances, the parties are free to agree among themselves to extend the deadline to answer or otherwise respond to claims, counterclaims, or crossclaims contained in a pleading without a Court order.

Absent extraordinary delay or other special circumstances, the parties are free to agree among themselves to extend the deadline to answer or otherwise respond to claims, counterclaims, or crossclaims contained in a pleading without a Court order.

WARNINGCivil cases

Trial continuances require good cause beyond normal litigation; discovery delays or settlement discussions don't qualify.

Judge Cartwright disfavors trial continuances and will not grant them absent good cause beyond the normal process of litigation. A failure to complete discovery within the time allowed or a decision to engage in settlement discussions does not on its own create good cause, although Judge Cartwright will consider requests for brief continuances where the parties have secured a mediation date or where there is a compelling reason that discovery could not be completed as scheduled.

WARNINGCivil cases

Failure to respond to Order to Show Cause may be deemed acquiescence for criminal conviction

(iii) notification that failure by the attorney to file a timely response to the Order to Show Cause may be deemed acquiescence to discipline based upon the criminal conviction.

WARNINGCivil cases

Failure to respond to Order to Show Cause may be deemed acquiescence

(iii) notification that failure by the attorney to file a timely response to the Order to Show Cause may be deemed acquiescence to discipline

WARNINGCivil cases

Motions to reschedule hearings must be filed at least 5 business days before the hearing with alternative dates.

Motions to reschedule are discouraged. If rescheduling is necessary, the motion shall be filed no later than FIVE (5) business days before the scheduled hearing. The motion shall contain alternative dates and times which are available for all parties.

WARNINGCivil cases

Exemption requests must be submitted in writing one week before conference.

A request to be exempt from this requirement should be submitted to the Court in writing no later than one week prior to the conference. Please address any request to [insert name], Judicial Law Clerk to Magistrate Judge Fricke, at: [insert email]. The email subject line should include your case number and “Request for non-appearance of a party.”

WARNINGCriminal cases

If superseding charges are filed, defendant may apply for additional time to file pretrial motions; application must be made on or before the initial arraignment date on the superseding charges.

In the event superseding charges are filed, counsel for defendant may apply to the district judge or to the magistrate judge for additional time to file pretrial motions. Such application shall be made on or before the date initially set for arraignment on the superseding charges.

WARNINGCivil cases

Notices of unavailability are optional and do not change court- or rule-set dates; parties are expected to confer about significant unavailability, and an attorney may still request deadline relief for a scheduling difficulty.

Notices of unavailability are not required. Such notices, if filed, do not alter dates set by the Court or civil rules. The Court expects the parties to confer about significant periods of unavailability. This rule does not preclude an attorney from requesting relief from a deadline due to a scheduling difficulty. See LCR 7(j).

WARNINGCriminal cases

Motions for relief from a deadline should be filed sufficiently in advance; if a true emergency arises, parties should meet and confer, file a stipulation and proposed order, or use telephonic motion procedure.

A motion for relief from a deadline should, whenever possible, be filed sufficiently in advance of the deadline to allow the court to rule on the motion prior to the deadline. Parties should not assume that the motion will be granted and must comply with the existing deadline unless the court orders otherwise. If a true, unforeseen emergency exists that prevents a party from meeting a deadline, and the emergency arose too late to file a motion for relief from the deadline, the party should contact the adverse party, meet and confer regarding an extension, and file a stipulation and proposed order with the court. Alternatively, the parties may use the procedure for telephonic motions outlined above. It is expected that if a true emergency exists, the parties will stipulate to an extension.

WARNINGCivil cases

Whenever possible, a motion for relief from a deadline should be filed early enough for the court to rule before the deadline.

A motion for relief from a deadline should, whenever possible, be filed sufficiently in advance of the deadline to allow the court to rule on the motion prior to the deadline.

WARNINGCriminal cases

District judge may extend transcript and brief deadlines upon motion made within original deadline.

Counsel for appellant shall arrange to have such transcript filed within twenty-one days after the Notice of Appeal is filed; but upon motion made within such time, the district judge may extend the deadlines for transcript and briefs.

WARNINGCivil cases

The parties are expected to stipulate to an extension if a true emergency exists.

It is expected that if a true emergency exists, the parties will stipulate to an extension.

WARNINGCivil cases

If a true, unforeseen emergency arises too late for a deadline-relief motion, the party should contact the opponent, meet and confer on an extension, and file a stipulation and proposed order.

If a true, unforeseen emergency exists that prevents a party from meeting a deadline, and the emergency arose too late to file a motion for relief from the deadline, the party should contact the adverse party, meet and confer regarding an extension, and file a stipulation and proposed order with the court.

WARNINGCriminal cases

The sentencing court may continue the sentencing date for good cause on its own or a party's motion; or upon an email request of a party or the U.S. Probation Office through the judge's courtroom clerk. A party or a U.S. Probation Officer seeking a continuance should be in a position to advise the courtroom clerk as to whether or not the request is opposed by any party or by the U.S. Probation Office.

The sentencing court may continue the sentencing date for good cause on its own or a party's motion; or upon an email request of a party or the U.S. Probation Office through the judge's courtroom clerk. A party or a U.S. Probation Officer seeking a continuance should be in a position to advise the courtroom clerk as to whether or not the request is opposed by any party or by the U.S. Probation Office.

WARNINGCivil cases

Schedule modifications require extraordinary justification to shorten the 90-day period.

Judge Jones will not modify this schedule unless the parties set forth an extraordinary basis for modifying the scheduling order to decrease the period between the dispositive motion cutoff and the trial date to less than 90 days.

INFO

Parties may agree to extend the time to answer or otherwise respond to a complaint without filing a stipulation with the Court.

Parties may agree to extend the time for a defendant to answer or otherwise respond to a complaint. So long as the parties agree to an extension, there’s no need to file a stipulation with the Court.

INFOCivil cases

Transfer or remand orders become effective 14 days after filing unless otherwise ordered.

Unless otherwise ordered by the court, an order transferring a case to another district or remanding a case shall become effective 14 days after the date the order is filed.

INFOCivil cases

Opposition and reply to costs motion follow LCR 7(d)(3) timing.

A party objecting to any item of costs shall file opposition papers at the time set forth in LCR 7(d)(3). The moving party shall file a reply, if any, at the time set forth in LCR 7(d)(3).

INFOCriminal cases

Motions to shorten time are abolished.

Motions to shorten time have been abolished. See CrR 12(b)(11).

INFOCivil cases

In the specified emergency circumstances, the parties may instead use the telephonic-motion procedure in LCR 7(i).

Alternatively, the parties may use the procedure for telephonic motions in LCR 7(i).

INFOCriminal cases

Requests for change of a trial date should be addressed to the judge assigned to the case.

Requests for change of a trial date should be addressed to the judge assigned to the case.