Western District of Washington Filing Bundling Requirements

Dispositive motions must be filed 120 days before trial.

Source text: The Court has instituted a '120-day rule' for dispositive motions.

Discovery-related motions must be filed 6 months before trial.

Source text: All motions related to discovery must be filed by Trial – 6 mos

Dispositive motions and expert witness challenges must be filed 120 days before trial.

Source text: All dispositive motions and motions challenging expert witness testimony must be filed by this date (see Local Civil Rule ('LCR') 7(d)).

Motions in limine must be filed 35 days before trial.

Source text: All motions in limine must be filed by 1 Trial – 35 days

Government trial brief due 21 days before trial.

Source text: The Government’s trial brief must be submitted twenty-one (21) days before trial.

All motions must be filed before pretrial motions deadline.

Source text: All motions, including motions to continue the trial date, shall be made prior to the pretrial motions deadline.

Motions challenging expert witnesses must be filed by pretrial deadline.

Source text: Any motion challenging an expert witness must be filed by the pretrial motions deadline.

Expert discovery must be completed 2 weeks before pretrial motions deadline.

Source text: If the Parties do not propose a case scheduling order setting expert discovery, then expert discovery shall be completed at least two (2) weeks in advance of the pretrial motions deadline.

Government expert disclosures due 45 days before pretrial motions deadline.

Source text: The Government’s expert disclosures are due forty-five (45) days before the pretrial motions deadline.

Defense expert disclosures due 30 days before pretrial motions deadline.

Source text: Defense expert disclosures are due thirty (30) days before the pretrial motions deadline.

Government rebuttal disclosures due 14 days before pretrial motions deadline.

Source text: The Government’s rebuttal disclosures are due fourteen (14) days before the pretrial motions deadline.

Motions in limine must be filed 28 days before trial.

Source text: All motions in limine must be filed at least twenty-eight (28) days before trial.

Responses to motions in limine due 23 days before trial.

Source text: Responses to motions in limine shall be filed at least twenty-three (23) days before trial.

Each party may file one omnibus motion in limine.

Source text: Each Party may file a single, omnibus motion in limine.

Pretrial submissions due 21 days before trial.

Source text: Proposed jury questionnaires, proposed voir dire, proposed jury instructions, and proposed verdict forms must be submitted at least twenty-one (21) days in advance of the trial date.

Defense trial briefs due 17 days before trial.

Source text: Defense trial briefs must be submitted seventeen (17) days before trial.

Motions in limine may only be included in trial briefs if they missed pretrial deadline.

Source text: Parties may only include motions in limine in their trial briefs if the motions could not have been brought by the pretrial motions in limine deadline.

Untimely motions in limine will be stricken.

Source text: Any other untimely motions in limine will be stricken.

Pretrial conference held at least 2 Fridays before trial.

Source text: The pretrial conference will generally be held at least two Fridays in advance of the trial date.

Motions and supporting arguments must be filed as a single document following LCR 7 and 10.

Source text: Parties must follow LCR 7 and 10. A motion and the legal argument supporting the motion shall be filed as a single document.

Dispositive motions (dismissal, summary judgment, etc.) must be filed together with supporting papers.

Source text: otherwise ordered by the court, parties shall file all motions to dismiss, motions for summary judgment and other dispositive motions, together with supporting papers.

Motions and supporting legal arguments must be filed as a single document.

Source text: A motion and the legal argument supporting the motion shall be filed as a single document.

Dispositive motion cutoff is set 105 days before trial.

Source text: Judge Robart sets the dispositive motion cutoff 105 days prior to the trial date.

All motions must be filed before pretrial motions deadline.

Source text: All motions, including motions to continue the trial date, shall be made prior to the pretrial motions deadline.

Motions in limine must be filed by pretrial motions deadline.

Source text: All motions in limine must be filed by the deadline set for pretrial motions.

Dispositive motions must be filed 90 days before trial with 30-day briefing and decision periods.

Source text: Pursuant to Local Civil Rule 16, Judge Jones sets the dispositive motion cutoff 90 days prior to the trial date. This allows the parties 30 days to brief the motion; the Court 30 days to decide the motion; and the parties 30 days after receiving the ruling to prepare for trial, if necessary.

Trial schedule may be shortened on Thursdays due to criminal in-custody hearings.

Source text: Trial typically runs five days a week, Monday through Friday. Judge Whitehead usually holds in-custody hearings in criminal matters on Thursdays, so there is a chance that trial may be shortened on those days.

Schedule modification requires extraordinary basis.

Source text: Judge Robart 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 105 days.

Duplicate documents cannot be listed twice; once identified, any party may use the exhibit.

Source text: Duplicate documents shall not be listed twice on the parties’ exhibit lists or in the pretrial order. Once a party has identified an exhibit on the exhibit list or in the pretrial order, any party may use it.

Offering party must file Joint Submission of Deposition Designations with transcript and chart as separate exhibits.

Source text: The party offering the deposition transcript must take lead on filing the transcript and objections as a “Joint Submission of Deposition Designations,” in which the transcript and accompanying deposition designation chart are attached as separate exhibits.

Encouraged bundling of cross-motions into 4 briefs instead of 6.

Source text: The Court encourages parties filing cross-motions to agree to an alternate briefing schedule allowing for four briefs (one cross-motion, second cross-motion/opposition, opposition/reply, and reply) rather than a full six briefs (motion, opposition, and reply for each cross-motion).

Parties filing cross-motions may agree to 4-brief schedule and adjusted limits, submitting stipulated motion with proposed order.

Source text: If the parties can reach an agreement on such a schedule and any necessary adjustments to the page/word limits, they shall submit a stipulated motion and proposed order for the Court's approval.

Discovery motions must be filed before discovery closes to allow resolution.

Source text: The discovery motion deadline is set prior to the close of discovery to allow for resolution of disputes by the close of discovery.

Motions in limine must be filed early enough to be ruled on before pretrial conference.

Source text: The motion in limine deadline is set sufficiently in advance of the pretrial conference to allow the Court to consider and, ideally, rule on such motions prior to the pretrial conference.

Parties encouraged to submit discovery disputes jointly per LCR 37(a)(2).

Source text: Parties are encouraged to submit discovery disputes jointly through the procedure set forth in LCR 37(a)(2).

Encouraged alternate briefing schedule for cross-motions (4 briefs instead of 6).

Source text: Judge Cartwright encourages parties filing cross-motions to agree to an alternate briefing schedule allowing for four briefs (one cross-motion, second cross-motion/opposition, opposition/reply, and reply) rather than a full six briefs (motion, opposition, and reply for each cross-motion). If the parties can reach an agreement on such a schedule and any necessary adjustments to the page/word limits, they shall submit a stipulated motion and proposed order for the Court's approval.

Cross motions should have agreed briefing schedule; court may combine memoranda and forgo replies for summary judgment.

Source text: Parties anticipating filing cross motions are encouraged to agree on a briefing schedule and to submit it to the court for approval through a stipulated motion and proposed order. The court may order parties filing cross motions for summary judgment to combine their memoranda and forgo reply briefs in exchange for an enlarged response brief.

Cross motions must be noted per local rules; court typically considers them together even if noted for different days.

Source text: A party filing a cross motion must note it in accordance with the local rules. Even if the motion and cross motion are noted for different days, the court will typically consider them together.

Motion to consolidate should be filed in earliest case with notice in later cases; if unable to file in earliest case, may file in own case; motion heard by judge of earliest case; court may transfer cases to same judge.

Source text: (a) Motion to Consolidate If a party seeks to have its case consolidated with one or more cases pending in this district, the party may file a motion to consolidate the cases. If possible, the motion to consolidate should be filed in the earliest filed case, with a notice of the motion filed in the later filed case(s). If a party is unable to file the motion to consolidate in the earliest filed case, for example because it is not a party to that case, it may file the motion in its own case. The motion will be heard by the judge to whom the earliest filed case is assigned. Unless all cases are pending before the same judge, the court will consider, as a preliminary matter, whether to transfer the cases to ensure that all related cases are pending before the same judge.

Social Security cases are randomly assigned to Magistrate Judges upon filing.

Source text: The Clerk shall randomly assign to a Magistrate Judge, upon filing, cases in which plaintiff seeks review, under 42 U.S.C. §405(g), of the decision of the Commissioner of Social Security.

28 U.S.C. § 2255 cases are assigned to the sentencing District Judge.

Source text: The Clerk shall directly assign cases filed pursuant to 28 U.S.C. § 2255 to the District Judge who imposed the sentence.

Other prisoner cases are randomly assigned to both District and Magistrate Judges.

Source text: The Clerk shall assign all other prisoner cases, upon filing, both to a District Judge and to a Magistrate Judge. Both judges shall be randomly selected from the judges in the division in which the case is properly filed.

Some other civil cases are randomly assigned to Magistrate Judges.

Source text: The Clerk shall randomly assign some of these cases, upon filing, to the Magistrate Judges.

30 days for briefing, 45 days for court decision, 30 days for trial prep.

Source text: This allows the parties 30 days to brief the motion; the court 45 days to decide the motion; and the parties 30 days after receiving the ruling to prepare for trial, if necessary.

Follow Local Civil Rule 7 for motion scheduling; improper notations may be re-noted or stricken.

Source text: Judge Jones follows Local Civil Rule 7 in scheduling motions for consideration by the Court. Counsel and pro se parties should follow the scheduling guidelines specified in Local Civil Rule 7(d). The Court may re-note or strike motions that have been improperly noted for consideration or may take other appropriate action.

Court may impose deadline for stipulated dismissal if parties request alternative to standard order.

Source text: The other option is, if the parties request, the Court will impose a deadline (a month or less from the notification of settlement) for the parties to submit a stipulated dismissal. If the parties do not submit a stipulated dismissal by that deadline, the Court will enter its standard order of post-settlement dismissal.