Western District of Washington Chambers Communication Rules

CRITICAL

In making objections, counsel should state only the legal grounds for the objection and should withhold all further comment or argument unless elaboration is requested by the Court.

In making objections, counsel should state only the legal grounds for the objection and should withhold all further comment or argument unless elaboration is requested by the Court.

CRITICAL

Stand when addressing or being addressed by the Court

Stand when addressing, or being addressed by, the Court.

CRITICALCivil cases

Attorneys must obtain court permission before contacting jurors after trial.

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.

CRITICALCivil cases

Clerk must immediately transmit records to Court of Appeals upon notice of appeal

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

CRITICALCivil cases

Clerk must immediately notify specified officials when relief is granted

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.

CRITICALCivil cases

Contact

Phone to clerk

Clerk must immediately telephone Ninth Circuit clerk about specific petition outcomes

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.

CRITICALCivil cases

Only court reporter and videographer may record depositions

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,

CRITICALCivil cases

Photography, recording, and broadcasting of judicial proceedings is prohibited except as authorized.

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.

CRITICALCivil cases

Attorneys must be present in courtroom during all court sessions or waive right to be present.

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.

CRITICALCivil cases

Pro se parties must keep court and opposing parties updated on current mailing/email address; failure to do so within 60 days of returned mail/email may result in dismissal without prejudice.

(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.

CRITICAL

Contact

Email

Technical requirements for ECF registration listed

The following requirements must be met to register for electronic filing: • The filing fee has been paid or the Motion to Proceed In Forma Pauperis (IFP) has been granted. • You are a party to the case for which you are applying for electronic filing. • You meet the following technical requirements: 1. A personal computer with Internet access. 2. Internet Explorer or Firefox browser. Other browsers (Safari, Google Chrome; Microsoft Edge) may have functionality issues with the court’s ECF system and are not supported. 3. Software to convert your documents to PDF format (portable document format) OR a scanner set to 200 dpi (dots per inch) for scanning documents to PDF format. 4. Adobe Acrobat Reader software to view and save documents in PDF format. 5. Experience and knowledge of word processing applications, printers and the Internet. 6. An email account to receive notices of filings and court orders.

CRITICAL

The term, “e-file” differs from “email” in that the court does not accept pleadings via email.

The term, “e-file” differs from “email” in that the court does not accept pleadings via email.

CRITICALCivil cases

The parties shall evaluate the opportunity for settlement at the outset of the case . To that end, the parties shall contact chambers to request mediation (with a Magistrate Judge, private mediator, or the Court’s mediation program), arbitration, or any other form of alternate dispute resolution where they are in agreement that such would be helpful.

The parties shall evaluate the opportunity for settlement at the outset of the case . To that end, the parties shall contact chambers to request mediation (with a Magistrate Judge, private mediator, or the Court’s mediation program), arbitration, or any other form of alternate dispute resolution where they are in agreement that such would be helpful.

CRITICALCivil cases

Contact

Email to chambers

Counsel must narrow issues before contacting court about discovery disputes

Counsel shall not contact the Court until they have sufficiently narrowed the disputed issues to only those issues they cannot, without Court assistance, resolve themselves.

CRITICALCivil cases

All communications during judicial settlement are confidential and may not be used for other purposes.

To encourage open communication, the Court orders that all matters communicated in connection with this judicial settlement are confidential and not to be used for any other purpose.

CRITICALCivil cases

Contact

Email to chambers

To schedule a telephone hearing for discovery disputes, counsel must send a joint email to chambers with a description and available dates.

To arrange a telephone hearing, all counsel (not support staff) for the disputing parties shall send a joint email to Payal_Patel@wawd.uscourts.gov with a short (maximum one paragraph) joint description of the dispute, as well as three dates and time ranges when the parties are available for a teleconference.

CRITICALCivil cases

Contact

Email to chambers

Discovery disputes: joint email to Payal_Patel@wawd.uscourts.gov with dispute description and availability

To arrange a telephone hearing, all counsel (not support staff) for the disputing parties shall send a joint email to Payal_Patel@wawd.uscourts.gov with a short (maximum one paragraph) joint description of the dispute, as well as three dates and time ranges when the parties are available for a teleconference.

CRITICALCivil cases

Immediately after filing the agreement, the plaintiff must contact the assigned judge’s courtroom deputy to request an initial individualized trial conference.

Immediately upon the filing of the agreement, plaintiff shall contact the courtroom deputy for the assigned judge and request an initial individualized trial conference.

CRITICALCivil cases

Contact

Phone to clerk

Phone

(206) 370-8400 (Seattle) or (253) 882-3800 (Tacoma)

After filing an emergency motion, the filer must promptly call the Clerk’s Office to notify the court, using the Seattle or Tacoma number provided.

After the motion is filed, the filer must promptly call the Clerk’s Office at (206) 370-8400 (Seattle) or (253) 882-3800 (Tacoma) to advise the court that it has filed an emergency motion.

CRITICALCivil cases

Contact

Email

The proposed order must be sent by email to the assigned judge’s email orders address.

This proposed order shall be attached as a Word or Word Perfect compatible file to an email sent to the email orders address of the assigned judge pursuant to the court’s Electronic Filing Procedures.

CRITICALCivil cases

Contact

Email to clerk

For each disbursement recipient, email the mailing address and completed IRS W-9 to the Clerk’s Office Finance Department; do not file them in the record.

Mailing address(es) and a completed IRS W-9 form from each disbursement recipient must be emailed to the Clerk’s Office Finance Department at seafin@wawd.uscourts.gov, but shall not be filed in the record.

CRITICALCivil cases

Contact

Phone to chambers

Counsel must be within 20 minutes of courthouse during jury deliberations.

Throughout jury deliberations counsel must be within twenty minutes of the courthouse in order for the Court to expeditiously respond to any jury notes or a verdict. Counsel must provide the courtroom deputy or law clerk with telephone numbers where they can be contacted.

CRITICAL

Contact

Email

A Word version of the proposed order must be sent to the specified email address.

send a Word version of the order to settleorders@wawd.uscourts.gov.

CRITICAL

Contact

Email

The exhibit list must be emailed to settleorders@wawd.uscourts.gov.

Please email to settleorders@wawd.uscourts.gov

CRITICAL

All cellular phones and wireless devices must be turned off or in airplane mode during proceedings.

All cellular telephones and wireless devices must be turned off or turned to airplane mode during all proceedings. Simply silencing these devices is insufficient, as they interfere with the courtroom audio system. Individuals whose devices interrupt proceedings shall be sanctioned.

CRITICALCivil cases

Contact

Email to clerk

If counsel’s meet-and-confer efforts are unsuccessful, counsel must notify the courtroom deputy of the issue by email.

If such meet and confer efforts are unsuccessful, counsel must notify the courtroom deputy of the issue by email at victoria_ericksen@wawd.uscourts.gov.

CRITICALCriminal cases

Contact

Email to chambers

Contact courtroom deputy before filing trial continuance motions.

Prior to filing a motion to continue a trial date, counsel is directed to contact the Court’s courtroom deputy, Victoria Ericksen, by email at victoria_ericksen@wawd.uscourts.gov to verify that the parties’ proposed new trial date is acceptable to the Court.

CRITICAL

Contact

Email to clerk

If a filed exhibit or witness list is revised, counsel must email the updated list in Word format to the Courtroom Deputy at the stated address.

If the exhibit or witness list is revised at any time after it is filed with the court, Counsel shall email an updated list in Word format to Tyler Campbell, Courtroom Deputy, at tyler_campbell@wawd.uscourts.gov.

WARNING

Contact

Phone to chambers

An unrepresented individual shall confirm a hearing by calling the judge’s chambers by the deadlines set forth in subsection (d)(8) below.

An unrepresented individual shall confirm a hearing by calling the judge’s chambers by the deadlines set forth in subsection (d)(8) below.

WARNING

Do not fax the Court because Chambers has no fax machine.

There is no fax machine in Chambers. Please don’t fax the Court.

WARNING

Contact

Email to chambers

Parties may email the Court Deputy or Chambers with persistent questions and must copy all counsel of record on emails to Chambers.

If questions persist, parties may contact Judge Whitehead’s Court Deputy, Grant Cogswell, at grant_cogswell@wawd.uscourts.gov, or Chambers directly at whiteheadchambers@wawd.uscourts.gov. Parties must copy all counsel of record on any email to Chambers.

WARNING

Contact

Email to chambers

Any email to Chambers must copy all counsel of record.

Parties must copy all counsel of record on any email to Chambers.

WARNING

Contact

Phone to chambers

Phone

(206) 370-8700

Do not contact Chambers by telephone except in emergencies or for matters requiring immediate attention; the listed number is provided for those calls.

Parties should not contact Chambers by telephone. Calls to Chambers are permitted in emergency situations only or for matters that require immediate attention. In those rare situations, call (206) 370-8700.

WARNINGCivil cases

Contact

Email to chambers

Parties should direct inquiries to Courtroom Deputy Diyana Staples at Diyana_Staples@wawd.uscourts.gov. All parties must be copied on emails when communicating with the courtroom deputy. Ex parte communications with chambers involving any matter other than checking on a decision on a motion under Local Rules W.D. Wash. LCR 7(b)(5) or settlement are strongly discouraged.

Parties should direct inquiries to Courtroom Deputy Diyana Staples at Diyana_Staples@wawd.uscourts.gov. All parties must be copied on emails when communicating with the courtroom deputy. Ex parte communications with chambers involving any matter other than checking on a decision on a motion under Local Rules W.D. Wash. LCR 7(b)(5) or settlement are strongly discouraged.

WARNING

Contact

Email to clerk

Exhibit list must be emailed in Microsoft Word format to the courtroom deputy prior to the trial date.

An exhibit list in Microsoft Word format must be emailed to the Courtroom Deputy at natalie_wood@wawd.uscourts.gov prior to the trial date.

WARNING

Contact

Email to chambers

Redlined versions of stipulated protective orders must be emailed to kingorders@wawd.uscourts.gov.

The redlined version must be submitted to kingorders@wawd.uscourts.gov.

WARNING

Contact

Phone to chambers

In-person hearings default; remote appearance allowed for non-local counsel with advance arrangement.

Unless otherwise specified, hearings are in person. Counsel from outside of King County may appear by telephone or video at status conferences and hearings on non-dispositive motions, but they must request and make arrangements with the Courtroom Deputy ahead of time.

WARNING

Contact

Email

Should an issue arise during trial after court hours, Counsel are instructed to meet and confer to see if the issue may be resolved without court intervention. If such meet and confer efforts are unsuccessful, Counsel must notify Kadya Peter, the Courtroom Deputy, of the issue by email at Kadya_Peter@wawd.uscourts.gov.

Should an issue arise during trial after court hours, Counsel are instructed to meet and confer to see if the issue may be resolved without court intervention. If such meet and confer efforts are unsuccessful, Counsel must notify Kadya Peter, the Courtroom Deputy, of the issue by email at Kadya_Peter@wawd.uscourts.gov.

WARNING

Contact

Email

Courtroom decorum rules require dignity, respect, and professional conduct.

Judge Lin expects everyone in her courtroom to treat each and every person with dignity and respect. Therefore, at a minimum, she expects the following from all:

WARNING

Contact

Email

Ex parte communications with chambers are strongly discouraged except for specific purposes.

Ex parte communications with chambers involving any matter other than checking on a decision on a motion pursuant to LCR 7(b)(5) or settlement are strongly discouraged.

WARNING

Contact

Email to chambers

Witness sequestration waiver requests must be discussed with opposing counsel first.

If Counsel desire a waiver of the rule with respect to a specific witness (for example, an expert), Counsel shall first discuss the matter with opposing Counsel and then present the request to the Court during the preliminary morning session prior to the start of trial on the particular day at issue.

WARNING

Contact

Email to clerk

For inquiries other than unopposed motions, all parties must be included on the communication with the Courtroom Deputy.

For any other inquiry, all Parties must be on the line or cc'd on the email when communicating with the Courtroom Deputy.

WARNING

Contact

Email to clerk

The parties must inform the Courtroom Deputy by email as far in advance as possible if the claim construction hearing requires more or less time.

The Parties are instructed to inform Kadya Peter, Courtroom Deputy, at kadya_peter@wawd.uscourts.gov, with as much advance notice as possible.

WARNING

Contact

Email to chambers

Ex parte communications with chambers are strongly discouraged except for settlement discussions or checking the status of a decision on a motion pursuant to LCR 7(b)(5).

Ex parte communications with chambers involving any matter other than settlement or checking on a status of a decision on a motion pursuant to LCR 7(b)(5) are strongly discouraged.

WARNINGCivil cases

Contact

Email to chambers

Parties may request accommodation for exhibit submission requirements by contacting Courtroom Deputy 2 business days before deadline.

If these requirements for the pre-trial submission of exhibits to the Court pose any undue hardship or burden on a Party, the Party may contact Kadya Peter, Courtroom Deputy, at Kadya_Peter@wawd.uscourts.gov as early as possible, but no later than two (2) business days before the trial exhibits are due, so that the Court can endeavor to address the Party's concerns.

WARNINGCivil cases

Electronic devices may be used in courtrooms for notes and communications; sounds must be disabled.

In the courtrooms, personal electronic devices may be used to take notes, transmit and receive data communications, such as email or text messages, or to access the Internet. Telephone ring tones and other functional sounds produced by devices must be disabled while in the courtroom. Only silent keyboards may be used in the courtroom.

WARNINGCivil cases

In addition to the provisions set forth above, each participant should attend from a quiet location. All attendees other than the deponent, court reporter, deposing attorney, and objecting attorney will set their audio connection to mute to avoid unintentional noise.

In addition to the provisions set forth above, each participant should attend from a quiet location. All attendees other than the deponent, court reporter, deposing attorney, and objecting attorney will set their audio connection to mute to avoid unintentional noise.

WARNINGCivil cases

Attorneys must promptly notify court when case is settled or not ready for trial.

Attorneys must advise the court promptly when a case is settled or when for other reasons it will not be ready for trial at the time set. An attorney who fails to promptly notify the court may be subject to such discipline as the court deems appropriate, including the imposition of costs or of a fine.

WARNINGCivil cases

Counsel and pro se litigants must stand when addressing court unless disabled.

Counsel and pro se litigants are required to stand when addressing the Court, a witness, or the jury unless unable to do so due to a disability-related or health-related condition. Advance notice should be provided, when appropriate.

WARNING

Clerk cannot provide legal advice, interpret rules, or communicate with judges.

We cannot:  Give legal advice. This policy applies to all parties, including attorneys.  Tell you whether you should file a case or what information to include in your court pleadings.  Talk to the judge for you or let you talk to the judge outside of court.  Determine when a decision will be made on your IFP or other pending motions as well as interpreting court orders.  Interpret court rules.