Western District of Washington Document Filing Requirements

Government gets 6 peremptory challenges, defendants get 10 jointly; challenges recorded on strike sheet alternating starting with Government.

Source text: In most cases, the Government will have six (6) peremptory challenges and the Defendant or Defendants will jointly have 10 peremptory challenges. See Fed. R. Crim. P. 24(b). Peremptory challenges will be noted on a 'strike sheet' in alternating fashion, beginning with the Government.

Trial exhibits must be delivered 5 days before trial: 1 physical set and 1 electronic set to Courtroom Deputy.

Source text: The parties must deliver one physical set and one electronic set of the trial exhibits to Judge Whitehead's Courtroom Deputy, Grant Cogswell, five (5) days before the trial date. Each exhibit must be clearly pre-marked.

Motions to continue require speedy trial waiver 30 days beyond new date.

Source text: All motions to continue the trial date must be accompanied by a speedy trial waiver at least 30 days beyond the proposed new trial date.

Microsoft Word version of pretrial order must be emailed to chambers.

Source text: When filing the pretrial order, the parties must also send a Microsoft Word version of the proposed order, including witness and exhibit lists, to whiteheadorders@wawd.uscourts.gov.

Jury will have 7-12 members with no alternates.

Source text: The jury will consist of no fewer than seven (7) and no more than 12 members, and there will be no alternates. The Court will advise the parties at the pretrial conference how many jurors will be empaneled.

Court will use yes/no screening questions to identify hardships and conflicts.

Source text: The Court will examine the prospective jurors using 'screening' questions to identify hardships and conflicts. (Judge Whitehead's standard screening questions can be found on his court web page). These questions can generally be answered with a 'yes' or 'no' response.

Each side gets 3 peremptory challenges using alternating strike sheet, starting with plaintiff.

Source text: Following each panel, the parties may challenge for cause. Once all challenges for cause have been heard, the Court will hear peremptory challenges. Each side ordinarily has three peremptory challenges, which will be made using a 'strike sheet' in alternating fashion, beginning with the plaintiff.

Peremptory challenges cannot be used for discriminatory reasons (Batson v. Kentucky).

Source text: Peremptory challenges must not be used to exclude potential jurors for discriminatory reasons. See Batson v. Kentucky, 476 U.S. 79 (1986).

Parties should agree on one stipulated set of proposed jury instructions.

Source text: As much as possible, the parties should agree on one stipulated set of proposed jury instructions. Only true uncertainty about the binding substantive law should prevent such agreement.

Original trial exhibits and one copy must be delivered to courtroom deputy 5 days before trial.

Source text: The parties must deliver the original trial exhibits and one copy to Judge Whitehead’s Courtroom Deputy, Grant Cogswell, five (5) days before the trial date.

Electronic PDF copies of all exhibits with OCR must be sent 7 days before trial.

Source text: In addition, no later than seven (7) days before the trial date, the parties must send an electronic copy of all exhibits in PDF format with Optical Character Recognition (OCR) searchable text to Mr. Cogswell.

Highlighted deposition transcripts with color-coded designations required for deposition testimony.

Source text: The parties must follow LCR 32(e), except that for each deponent the parties intend to offer deposition testimony instead of, or in addition to, live testimony, they must file (1) a single copy of the highlighted deposition transcript, with designations and counter designations highlighted in different colors, including typed objections

Witness/exhibit lists must be exchanged daily, first list 2 days before trial.

Source text: At the close of each trial day, counsel must exchange a list of witnesses and exhibits (other than those used for impeachment of an adverse witness) that may be offered into evidence the next day. The first list should be exchanged two days before the first trial day.

Stipulated motion and proposed order required for cross-motion bundling.

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.

Motions in limine must be submitted as joint brief with specific structure.

Source text: All motions in limine shall be submitted in a joint brief that: (1) contains an introductory statement summarizing the case and the context for any disputes, with each side drafting its own statement if they cannot agree; and (2) presents each motion under a separate heading, below which the moving party will state its position and supporting legal authority, and the opposing party will state its position and supporting legal authority.

Motions in limine must be submitted in joint brief with intro statement and separate headings for each motion.

Source text: All motions in limine shall be submitted in a joint brief that: (1) contains an introductory statement summarizing the case and the context for any disputes, with each side drafting its own statement if they cannot agree; and (2) presents each motion under a separate heading, below which the moving party will state its position and supporting legal authority, and the opposing party will state its position.

Parties must deliver two copies of trial exhibits to Courtroom Deputy 7 days before trial.

Source text: The parties must deliver two copies of their respective trial exhibits to Courtroom Deputy Diyana Staples seven days before the trial date. Each exhibit shall be clearly marked.

Electronic copies of exhibits in OCR-searchable PDF must be sent 7 days before trial.

Source text: In addition, no later than seven days before the trial date, the parties should send an electronic copy of all exhibits in .PDF format with Optical Character Recognition ("OCR") searchable text to Courtroom Deputy Diyana Staples at Diyana_Staples@wawd.uscourts.gov.

Motions in limine must be submitted as a joint brief with introductory statement and separate headings for each motion.

Source text: All motions in limine shall be submitted in a joint brief that: (1) contains an introductory statement summarizing the case and the context for any disputes, with each side drafting its own statement if they cannot agree; and (2) presents each motion under a separate heading, below which the moving party will state its position and supporting legal authority, and the opposing

Parties agreeing to alternate cross-motion briefing schedule must submit stipulated motion and 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.

Objections to deposition designations must be filed by deadline.

Source text: D. Objections to Deposition Designations

Specific procedures for handling exhibits at trial.

Source text: E. Procedures for Handling Exhibits

Proposed findings and conclusions required after bench trial.

Source text: F. Proposed Findings of Fact and Conclusions of Law Following a Bench Trial

Motions to continue trial date require speedy trial waiver except for stipulated/unopposed motions.

Source text: All motions to continue the trial date except stipulated and unopposed motions shall be accompanied by a waiver of speedy trial beyond the proposed new trial date by the longer of (1) three weeks beyond the noting date of the motion or (2) two weeks beyond the requested trial date.

Motion to continue trial date not granted until speedy trial waiver filed if opposed by defense.

Source text: The Court will not grant a motion to continue a trial date that is not opposed by defense counsel’s client(s) until a speedy trial waiver has been filed.

Jury instructions must be submitted electronically.

Source text: A. Jury Instructions

Email proposed orders in Word format to specified address.

Source text: Pursuant to this District's Electronic Filing Procedures, the moving party must email a Microsoft Word version of a proposed order to kingorders@wawd.uscourts.gov. Parties may not send requests for substantive relief to this email address.

Motions for default judgment must include specific content requirements.

Source text: Motions for default judgment must provide sufficient information for the Court to enter judgment. Specifically: 1. The movant must establish subject matter jurisdiction and personal jurisdiction. 2. The movant must support a motion for default judgment with a declaration. 3. The movant must address the factors set forth in Eitel v. McCool, 782 F.2d 1470, 1471–72 (9th Cir. 1986). 4. The movant must separately state the amounts owing on the principal claim, liquidated damages (if applicable), pre- and post-judgment interest on the principal claim (if applicable), and reasonable attorney’s fees (if applicable). 5. The movant must provide a concise explanation of how all amounts were calculated, and must support this explanation with adequate evidence establishing the amount of the principal claim, the interest owing, the attorney’s fees, and other relevant amounts. 6. If the claim is based on a contract, the movant must provide the Court with a copy of the contract and draw the Court’s attention to the relevant provisions. 7. If an interest rate other than that provided by 28 U.S.C. § 1961 applies, the movant must state the rate and the reasons for applying it, and include all interest calculations. 8. In diversity cases, the movant must address what jurisdiction’s law applies to their substantive claims and remedies.

Proposed jury instructions must be submitted on ECF and via email in Word format.

Source text: Proposed jury instructions must be submitted both on the docket and in Word format via e-mail. The Court recommends the latest version of the Ninth Circuit Model Jury Instructions as the preferred proposed instructions. Instructions must comply with LCR 51 and include the parties’ proposals for both preliminary and final instructions. Instructions should be sent to kingorders@wawd.uscourts.gov and natalie_wood@wawd.uscourts.gov. The proposed instructions should also include a proposed verdict form.

All trial exhibits must be pre-marked and clearly labeled.

Source text: All trial exhibits must be pre-marked by counsel. Each exhibit must be clearly marked.

Original and copy of trial exhibits due to Courtroom Deputy 7 days before trial.

Source text: The original and one copy of the trial exhibits are to be delivered to Natalie Wood, Courtroom Deputy, seven days before the trial date.

Electronic exhibits must be delivered to Courtroom Deputy before trial.

Source text: Exhibits must be delivered to the Courtroom Deputy prior to the trial date. Exhibits are to be delivered in the following format:

Proposed findings of fact and conclusions of law must cite specific record materials.

Source text: Proposed findings of fact and conclusions of law submitted following a bench trial must contain specific references to the affidavits, declarations, exhibits, transcripts, and other parts of the record and supporting materials relied upon to support the fact described in the proposed finding/conclusion.

Motions in limine in trial briefs that should have been filed earlier will be stricken.

Source text: Motions in limine contained in a trial brief that could have been brought by the pretrial motions deadline will be stricken.

Supervised release sentencing memoranda due 5 days before hearing.

Source text: Each party shall file its supervised release sentencing memorandum no later than five days in advance of the evidentiary and/or disposition hearing on a supervised release violation.

Citations must appear in the body of briefs, not in footnotes.

Source text: C. Citations Should be in the Body of the Brief, Not in Footnotes

Dispositive motions must include a certification of conferral in the first substantive or final paragraph.

Source text: Such motions must contain a certification of conferral that is clearly visible within either the first substantive paragraph or the final paragraph of the motion.

Parties filing motions for default judgment must certify compliance with the 8,400 word limit under LCR 7(e)(6).

Source text: Parties still must certify their compliance with the 8,400 word limit under LCR 7(e)(6).

Proposed findings of fact and conclusions of law after bench trial must include specific references to supporting record materials.

Source text: Proposed findings of fact and conclusions of law submitted following a bench trial must contain specific references to the affidavits, declarations, exhibits, transcripts, and other parts of the record and supporting materials relied upon to support the fact described in the proposed finding/conclusion.

Pretrial order must be submitted as Microsoft Word file to specified email.

Source text: When filing the pretrial order, the Parties should send a Microsoft Word version of the proposed order to linorders@wawd.uscourts.gov.

Glossary must be emailed in Word format 3 days before trial and hard copies provided on first day.

Source text: The glossary must be emailed to Courtroom Deputy Kadya Peter at Kadya_Peter@wawd.uscourts.gov, in Microsoft Word format, no later than three (3) days before the start of trial. Hard copies shall also be provided to the Courtroom Deputy and Court Reporter (if any) on the first day of trial.

Trial exhibits must be delivered as one physical and one electronic set 3 days before trial.

Source text: One physical set and one electronic set of the trial exhibits must be delivered to Judge Lin’s chambers three (3) days before the trial date.

Exhibits must be pre-marked and stickers/labels can be obtained from Clerk.

Source text: Each exhibit shall be clearly pre-marked by Counsel. Exhibit stickers/labels/tags can be obtained from the Clerk at the pretrial conference or from the Clerk’s Office during business hours.

Witness sequestration rule in effect until closing arguments.

Source text: The rule on exclusion (sequestration) of witnesses will be in effect throughout the trial until the time of closing arguments and instructions. Other than Parties and their representatives, all witnesses must remain out of the courtroom except while testifying.

Witnesses must not discuss testimony with other witnesses.

Source text: Counsel shall instruct witnesses to not discuss their testimony with other witnesses, either before or after they complete their testimony.

Timely notice required for settled jury trials per LCR 39(d).

Source text: Parties shall refer to LCR 39(d) when cases scheduled for jury trial are settled (or agreed to be tried without a jury) for the requirements of providing timely notice. Failure to provide timely notice may result in the assessment of jury expenses to the Parties. See LCR 39(d).

Joint submission required for voir dire questions and neutral statement.

Source text: The Parties shall file a joint submission with (1) agreed-upon voir dire questions from the Court’s general voir dire; (2) any additional agreed-upon sorting or general proposed voir dire questions; (3) a chart of any disputed proposed voir dire questions that includes: (a) the proposed question, (b) any objection to the proposed question, and (c) the response to the objection; and (4) a proposed joint neutral statement of the case to be read during voir dire.

Voir dire documents must be submitted via email in Microsoft Word format to specified email addresses.

Source text: In addition to being filed on the docket, all of these documents must be submitted via email in Microsoft Word format linorders@wawd.uscourts.gov and to Courtroom Deputy Kadya Peter at Kadya_Peter@wawd.uscourts.gov.

Joint Instructions Statement, jury instruction chart, and verdict form must be submitted via email in Microsoft Word format to specified email addresses.

Source text: The Joint Instructions Statement, jury instruction chart, and verdict form must be submitted in Microsoft Word format via email to linorders@wawd.uscourts.gov and to Courtroom Deputy Kadya Peter at Kadya_Peter@wawd.uscourts.gov.

Motions must be filed as a single document with legal argument.

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

This Order has the force and effect of court orders from its date.

Source text: The terms of this Order shall have the force and effect of orders of the Court from the date of the Order.

Briefs 10+ pages require table of contents and authorities.

Source text: Parties who file a brief that is ten (10) pages or longer shall include a table of contents and a table of authorities (neither of which counts toward the word limit, see LCR 7(e)(6)).

Motions require certification of conference, attached as separate page.

Source text: Motions shall contain a certification that the Parties have met and conferred (see also Section III.G for additional requirements as to FRCP 12(b) motions to dismiss). To not count against word limits for motions, the certification shall be attached as a separate page after the signature page of the motion and shall be signed by Counsel or the movant, if pro se.

Attorney fee motions must include declaration with timesheets and costs.

Source text: All motions seeking attorney fees must be accompanied by an appropriate declaration that attaches all relevant timesheets and costs.

Proposed orders required for non-dispositive motions requiring Court signature.

Source text: Under LCR 7(b)(1), any motion requiring the signature of the Court must be presented along with a proposed order. However, Parties are not required to submit proposed orders for dispositive motions.

Proposed orders must be emailed to linorders@wawd.uscourts.gov with specific subject heading.

Source text: Pursuant to this District’s Electronic Filing Procedures, the moving party must email a Microsoft Word version of a proposed order to linorders@wawd.uscourts.gov at the time of filing. The subject heading of the email should include the case number, the case name, and the title of the motion rather than simply, “Proposed Order.”

Opposed discovery motions must include verbatim discovery request and objection or attach a copy.

Source text: Opposed discovery motions shall contain a verbatim recitation of the discovery request and objection (if any) at issue or shall attach a copy of such.

Notice of Settlement required when settlement in principle reached but not finalized.

Source text: For Parties who do not wish to voluntarily dismiss the action (e.g., a settlement in principle has been reached but not yet finalized) and where court approval of a settlement is not required, Parties must file a Notice of Settlement upon reaching a settlement in principle.

Witness notice required 2 business days before hearing with witness identity and testimony scope.

Source text: If the Parties intend to call witnesses at a hearing, they must submit a filing declaring their intention to do so at least two (2) business days prior to the hearing. The filing must contain the identity of each witness and the scope of the testimony.

Exhibit list and filing required 24 hours before hearing.

Source text: All Parties intending to introduce documentary evidence must supply a list of exhibits. For exhibits that have already been filed with the Court, the Party should clearly indicate the applicable docket number. If an exhibit has not been filed, the Party must supply the exhibit via email, in PDF format, to all relevant Parties and to the Court as soon as possible but no later than twenty-four (24) hours before the hearing.

Counsel name required for videoconference exhibit introduction.

Source text: When the hearing at which exhibits will be introduced will proceed by videoconference, the email to the Court must identify the full name of the Counsel who will be introducing the exhibit, so the Court may authorize the appropriate attorney to share their screen.

Motion to continue must include 30-day speedy trial waiver.

Source text: All motions to continue the trial date shall be accompanied by a waiver of speedy trial at least thirty (30) days beyond the proposed new trial date except that any defendant contesting such a motion need not file a waiver.

Government contested motions to continue must include Speedy Trial Act calculation.

Source text: A contested motion to continue the trial date filed by the Government shall be accompanied by a calculation of time under the Speedy Trial Act.

Stipulated motions to continue must state facts establishing good cause.

Source text: With respect to stipulated or unopposed motions to continue the trial date, Counsel must: a. state facts establishing good cause for the continuance.

Stipulated motions must include signed speedy trial waivers.

Source text: file speedy trial waivers signed by the Defendant(s) with the stipulation to continue the trial.

Defendants must waive speedy trial for 30 days beyond requested trial date.

Source text: have Defendant(s) waive speedy trial to at least thirty (30) days beyond the requested trial date.

Joint exhibit list in Word format due 5 days before trial.

Source text: A joint, final exhibit list in Microsoft Word format must be emailed to Kadya Peter, Courtroom Deputy, at Kadya_Peter@wawd.uscourts.gov five (5) days prior to the trial date.

Parties must have original documents available at trial.

Source text: Each Party will be responsible for having its original documents available at trial.

Equipment testing must be scheduled at pretrial conference.

Source text: At the pretrial conference, the Parties must arrange with Kadya Peter, Courtroom Deputy, to schedule a time to test any equipment that the parties wish to use at trial.

Exhibit lists for opening statements/first trial day due by 5 PM Friday before trial

Source text: For exhibits to be used during opening statements and the first day of trial, a list of the exhibits and demonstratives shall be emailed to the Courtroom Deputy by 5 p.m. the Friday before the first trial date.

Daily meeting to exchange proposed exhibits for next trial day

Source text: Thereafter, the Parties are directed to meet at a mutually agreed upon time during each trial day to exchange a set of proposed exhibits and demonstratives to be used the following day.

Updated exhibit lists with objections due by 8 PM daily

Source text: To the extent any objections remain after this conferral, the exhibit list with all updated stipulations and objections shall be emailed to the Courtroom Deputy by 8 p.m. each day.

Revised documents must include redlined version and clean copies

Source text: If the exhibit list, pretrial order, or witness list is revised at any time after it is filed with the Court, Counsel shall promptly file the revised document with the Court and provide the Courtroom Deputy with a redlined version indicating the changes as well as replacement, clean copies of any revised or added exhibits in both electronic and physical format.

Joint voir dire submission required with chart of disputed questions

Source text: The Parties shall file a joint submission (1) informing the Court of which voir dire questions from the Court’s general voir dire the parties wish to use; (2) providing the Court with any additional agreed-upon proposed voir dire questions; and (3) providing a chart of any disputed proposed voir dire questions that includes (a) the proposed question, (b) the objection to the proposed question, and (c) the response to the objection.

Voir dire submissions must be emailed in Word format to specific addresses

Source text: In addition to being filed on the docket, all of these documents must be submitted in Microsoft Word format via e-mail to linorders@wawd.uscourts.gov and to Kadya Peter, Courtroom Deputy, at Kadya_Peter@wawd.uscourts.gov.

Joint instructions and verdict form must be submitted 21 days before trial.

Source text: The Parties shall submit a Joint Instructions and Joint Statement of Disputed Instructions (“Joint Instructions Statement”), a proposed Jury Instructions (see https://www.wawd.uscourts.gov/judges/lin-procedures), and a proposed verdict form at least twenty-one (21) days before trial.

Witness notice must be provided to opposing counsel by 8 PM the day before.

Source text: The Court expects the Parties to provide notice to Opposing Counsel of their next-day’s witnesses by 8 p.m. the day before a witness is to be called.

Witnesses must be instructed not to discuss testimony with other witnesses.

Source text: Counsel shall instruct witnesses not to discuss their testimony with other witnesses, either during or after they complete their testimony.

Copies of impeachment documents must be provided to witness, court, and opposing counsel.

Source text: Where Counsel seek to impeach a witness by use of that witness’s prior deposition or other discovery materials, copies of the relevant document must be provided to the witness, the Court, and opposing Counsel.

Motions to continue trial date require speedy trial waiver (except contested by defendant) and Government must include Speedy Trial Act calculation for contested motions.

Source text: All motions to continue the trial date shall be accompanied by a waiver of speedy trial, except that any defendant contesting such a motion need not file a waiver. A contested motion to continue the trial date filed by the Government shall be accompanied by a calculation of time under the Speedy Trial Act.

Stipulated/unopposed motions to continue trial date require good cause statement, speedy trial waiver 30 days beyond new date, and proposed case schedule with specific deadlines.

Source text: With respect to stipulated or unopposed motions to continue the trial date, Counsel must: 1. state facts establishing good cause for the continuance. A request for continuance 'in order to provide the Parties more time to prepare' is not a sufficient showing to warrant a trial continuance 'in the interest of justice'; 2. file a waiver of speedy trial at least thirty (30) days beyond the proposed new trial date signed by the Defendant(s). Although not dispositive, these waivers are useful to the Court in establishing that Defendants have been consulted and agree to the requested continuance; and 3. include with the proposed order a proposed case schedule with the following deadlines: a. Expert Discovery (if applicable) b. Pretrial Motions (where possible, this deadline should be set for at least six weeks prior to the pretrial conference) c. Trial Briefs d. Motions in Limine e. Proposed Jury Questionnaire (if applicable) f. Proposed Voir Dire Questions g. Proposed Jury Instructions h. Proposed Verdict Form i. Exhibit Lists j. Witness Lists

Court will not grant motion to continue trial date without speedy trial waiver or Speedy Trial Act calculation.

Source text: The Court generally will not grant a motion to continue a trial date until a speedy-trial waiver or calculation of time under the Speedy Trial Act has been filed.

Parties must file stipulation or joint motion explaining positions if no agreement on brief length.

Source text: The Parties shall file either a stipulation (if agreement can be reached) or a joint motion explaining each Party’s respective positions (if agreement cannot be reached).

Motions requiring Court signature must include proposed order.

Source text: As a general rule, any motion requiring the signature of the Court should be presented along with a proposed order. See CrR 1(b)(8) (stipulated motions); CrR 12(b)(1) (pretrial motions).

Proposed orders must be emailed as Word document to linorders@wawd.uscourts.gov with specific subject line format.

Source text: Pursuant to this District’s Electronic Filing Procedures, the moving Party must email a Microsoft Word version of a proposed order to linorders@wawd.uscourts.gov at the time of filing. The subject heading of the email should include the case number, the case name, and the title of the motion rather than simply 'Proposed Order.'

Joint voir dire submissions must be filed via email in Word format to specified addresses.

Source text: The Parties shall file a joint submission with (1) agreed-upon voir dire questions from the Court’s general voir dire; (2) any additional agreed-upon proposed sorting or general voir dire questions; (3) a chart of any disputed proposed voir dire questions that includes: (a) the proposed question; (b) any objection to the proposed question; and (c) the response to the objection. If any Party will be proposing a jury questionnaire, the proposed questionnaire, along with a joint statement including each Party’s position regarding the questionnaire, shall be filed. In addition to being filed on the docket, all of these documents must be submitted via email in Microsoft Word format to linorders@wawd.uscourts.gov and to Courtroom Deputy Kadya Peter at Kadya_Peter@wawd.uscourts.gov.

Joint jury instructions and verdict form due 21 days before trial with specific formatting requirements.

Source text: The Parties shall submit a Joint Instructions and Joint Statement of Disputed Instructions (“Joint Instructions Statement”), and a proposed verdict form at least twenty-one (21) days before trial. The proposed joint instructions shall contain a chart of proposed instructions (see Sample Criminal Jury Instructions Chart) and contain two sections: (1) Agreed-Upon Instructions; and (2) Disputed Instructions. Each instruction shall begin on a new page. For Disputed Instructions, the proposed and alternate instruction shall be listed one after the other, with argument and authority for the instruction not to exceed two (2) pages for each side collectively per instruction (i.e., Co-Defendants must submit only one set together). To the extent any proposed instruction relates to and modifies a Ninth Circuit Model Jury Instruction, a red-lined version of the Model Instruction must be included with the submission.

Joint Instructions Statement and verdict form must be emailed in Word format to specified addresses.

Source text: The Joint Instructions Statement and verdict form must be submitted via email in Microsoft Word format to linorders@wawd.uscourts.gov and to Courtroom Deputy Kadya Peter at Kadya_Peter@wawd.uscourts.gov.

Speaking objections not permitted; counsel must stand when objecting unless accommodated.

Source text: “Speaking objections” in the presence of the jury will not be permitted. Counsel must stand when raising objections (unless an accommodation has been provided, see infra Section III.A and

Counsel must provide proposed text for immediate jury instructions.

Source text: Counsel requesting that an immediate jury instruction be given to the jury must provide the Court with the proposed text of the jury instruction.

Witness sequestration rule in effect until closing arguments.

Source text: The rule on exclusion (sequestration) of witnesses will be in effect throughout the trial until the time of closing arguments and instructions. Other than Parties and their representatives, all witnesses must remain out of the courtroom except while testifying. After completion of their own testimony, a witness may remain in or return to the courtroom but cannot then be recalled.

Waiver requests for witness exclusion must be discussed with opposing counsel first.

Source text: Counsel who desire a waiver of the rule with respect to a specific witness (for example, an expert) 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.

Witnesses must not discuss testimony with other witnesses.

Source text: Counsel shall instruct witnesses not to discuss their testimony with other witnesses, either before or after they complete their testimony.

Counsel must provide proposed text for immediate jury instructions.

Source text: Counsel requesting that an immediate jury instruction be given to the jury must provide the Court with the proposed text of the jury instruction.

Parties must confer daily after exhibit exchange to make stipulations.

Source text: The Parties are required to confer each day following this exchange to make further stipulations and discuss any remaining objections.

Parties must email Word version of proposed pretrial order to specific email address.

Source text: When filing the pretrial order, the Parties should send a Microsoft Word version of the proposed order to linorders@wawd.uscourts.gov.

Counsel must meet after each trial day to resolve upcoming disputes.

Source text: To ensure that the morning pretrial hearing is productive and efficient, Counsel shall meet after the conclusion of each trial day and attempt to resolve or refine upcoming disputes.

Official trial record will be taken by electronic recording or Realtime reporter.

Source text: The official record of all trials and proceedings will be taken by either electronic sound recording or by a Realtime reporter.

Joint glossary required for unusual/technical terms, emailed to Courtroom Deputy 3 days before trial.

Source text: Where necessary, Counsel shall confer and prepare a joint glossary of (1) any unusual or technical terminology that may assist the Court or jury during trial and (2) any words, technical terms, proper names, acronyms, and case citations that are likely to be used at trial but would not be found in a standard spell check. The glossary in Microsoft Word format must be emailed to Kadya Peter, Courtroom Deputy, at Kadya_Peter@wawd.uscourts.gov no later than three (3) days in advance of the start of trial. Hard copies shall also be provided to the Courtroom Deputy and Court Reporter (if any) on the first day of trial.

Physical and electronic trial exhibits due 5 days before trial, pre-marked with specific information.

Source text: One physical set and one electronic set of the trial exhibits are to be delivered to Judge Lin's chambers five (5) days before the trial date. Each exhibit shall be clearly pre-marked by Counsel. Exhibit stickers/labels/tags can be obtained from the clerk at the pretrial conference or from the Clerk's Office. Exhibit tags generated electronically are also acceptable so long as they list the following information: (1) Plaintiff(s)', Defendant(s)', or Joint Exhibit; (2) case number; and (3) exhibit number.

Trial exhibits must include table of contents/index with exhibit numbers and descriptions.

Source text: Both the physical and electronic copies of the trial exhibits must be accompanied by a table of contents or index identifying each exhibit. The table of contents or index must include the exhibit number and a brief description of each exhibit.

Exhibit list in Word format must be emailed to Courtroom Deputy 5 days before trial.

Source text: An exhibit list in Microsoft Word format must be separately emailed to Kadya Peter, Courtroom Deputy, at Kadya_Peter@wawd.uscourts.gov five (5) days prior to the trial date.

Updated exhibit list with objections due to Courtroom Deputy by 8 PM daily.

Source text: To the extent any objections remain after this conferral, the exhibit list with all updated stipulations and objections shall be emailed to the Courtroom Deputy by 8 p.m. each day.

Parties must provide exhibit chart with stipulations and objections for each trial day.

Source text: Parties must coordinate to provide the Court with a chart listing any exhibits or demonstratives expected to be used during each trial day along with any stipulations and remaining objection(s) to any exhibit(s) or demonstrative(s).

Exhibit list for opening/first day due by 5 PM Friday before trial.

Source text: For exhibits to be used during opening statements and the first day of trial, a list of the exhibits and demonstratives shall be emailed to the Courtroom Deputy by 5 p.m. the Friday before the first trial date.

Parties must meet daily to exchange exhibits for next day.

Source text: Thereafter, the Parties are directed to meet at a mutually agreed upon time during each trial day to exchange a set of proposed exhibits and demonstratives to be used the following day.

Court rules on disputed exhibits before each trial day.

Source text: Unless otherwise specified, the Court will rule on the admissibility of any disputed exhibits before the start of each day of trial.

Stipulated exhibits are not admitted until Court formally admits them.

Source text: Exhibits which the Parties have stipulate as admissible are not admitted until the Court formally admits them on the record.

Revised documents must be filed with redlined version and clean copies.

Source text: If the exhibit list, pretrial order, or witness list is revised at any time after it is filed with the Court, Counsel shall promptly file the revised document with the Court and provide the Courtroom Deputy with a redlined version indicating the changes as well as replacement, clean copies of any revised or added exhibits in both electronic and physical format.

Additional trial exhibits must be provided to opposing counsel and Court.

Source text: If additional exhibits are marked during trial (for example, for impeachment purposes), Counsel must provide copies of the exhibits for opposing Counsel and at least two (2) copies for the Court.

Deposition transcript with highlighted relevant portions required per LCR 32.

Source text: Pursuant to Local Civil Rule 32, if a Party intends to offer a deposition in lieu of or in addition to live testimony at trial, that Party shall provide to all other Parties a transcript of the deposition with the relevant portions highlighted.

Parties must meet and confer 3 days before deposition designation deadline.

Source text: No later than three (3) days prior to the due date for deposition designations, the Parties shall meet and confer regarding any disputed deposition designations.

Joint submission of highlighted transcript and designation chart required by Court deadline.

Source text: No later than the deadline designated by the Court, the Parties shall jointly submit to chambers for each deponent: (1) a single color copy of the highlighted deposition transcript, with typed objections and responses included in the margins of each transcript at the appropriate location; and (2) a Deposition Designations chart setting forth the objections and responses in numerical page order, in the format found on Judge Lin's Chambers Procedures page, at https://www.wawd.uscourts.gov/judges/lin-procedures.

Joint Submission of Deposition Designations must be filed as single docket entry.

Source text: The Parties shall then file on the docket, as a single filing, a 'Joint Submission of Deposition Designations,' in which each highlighted deposition transcript and an accompanying deposition designation chart is filed as a separate exhibit.

Jury trials require person to read transcript or present video deposition.

Source text: For jury trials: Counsel offering the deposition testimony are required to provide a person to read the designated portions of the transcript or present a video recording of the deposition.

Video depositions must be submitted on USB or DVD to Chambers and parties by deadline.

Source text: If a Party intends to offer a video deposition instead of live testimony, the Party must, in addition to complying with the provisions above, submit a copy of the video deposition on a USB flash drive (preferred) or DVD to Chambers and to all other Parties no later than the deadline for filing deposition designations.

Parties must notify opposing counsel of next-day witnesses by 8 PM the day before.

Source text: The Court expects the Parties to provide notice to Opposing Counsel of their next-day’s witnesses by 8 p.m. the day before a witness is to be called.

Witness exclusion rule in effect until closing arguments.

Source text: The rule on exclusion of witnesses will be in effect throughout the trial until the time of closing arguments and instructions. Other than Parties and their representatives, all witnesses must remain outside of the courtroom except while testifying.

Witnesses cannot be recalled after completing testimony.

Source text: After completion of their own testimony, a witness may remain in the courtroom but cannot then be recalled.

Waivers of witness exclusion rule require opposing counsel discussion and court approval.

Source text: 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 prior to the start of trial on the particular day at issue.

Witnesses must not discuss testimony with other witnesses.

Source text: Counsel shall instruct witnesses to not discuss their testimony with other witnesses, either during or after they complete their testimony.

Trial will not recess for unavailable witnesses except in extraordinary circumstances.

Source text: Once the trial begins, witnesses will be put on call at the peril of the calling Party. The trial will not be recessed because a witness is unavailable except in extraordinary circumstances.

Copies of impeachment documents must be provided to witness, court, and opposing counsel.

Source text: Where Counsel seek to impeach a witness by use of that witness’s prior deposition or other discovery materials, copies of the relevant document must be provided to the witness, the Court, and opposing Counsel.

Verdict must be unanimous under FRCP 48.

Source text: Counsel are reminded that, pursuant to Federal Rule of Civil Procedure 48, the verdict must be unanimous.

Each side limited to time limits set at final pretrial conference.

Source text: Each side (not Party) is limited to time limits set by the Court at the final pretrial conference.

Parties must file joint submission with voir dire questions and case statement.

Source text: The Parties shall file a joint submission with (1) agreed-upon voir dire questions from the Court’s general voir dire; (2) any additional agreed-upon proposed voir dire questions; (3) a chart of any disputed proposed voir dire questions that includes (a) the proposed question, (b) the objection to the proposed question, and (c) the response to the objection; and (4) a proposed joint neutral statement of the case to be read during voir dire.

Exhibit list in Word format must be emailed before trial.

Source text: An exhibit list in Microsoft Word format must be emailed to the Court prior to the trial date. Please email to mary_trent@wawd.uscourts.gov

First page of all pleadings must include court name, docket number, title, and identity of presenting party.

Source text: The first page of all pleadings must state “United States District Court, Western District of Washington” and contain the docket number, a title, and the identity of the presenting party.

Each page must have left footer with abbreviated title, case number, and page number; right footer with attorney's law firm address and phone number; all pleadings must be dated and signed.

Source text: The bottom left side of each page shall contain an abbreviated title of the pleading, case number, and page number. The bottom right side of each page shall contain the law firm address and phone number of the presenting attorney. All pleadings shall be dated and signed.

Default judgment motions must comply with Local Rule CR 55.

Source text: A party seeking default judgment must comply with Local Rule CR 55.

Counsel must meet and negotiate settlement in good faith by specified date

Source text: (1) Counsel shall meet and engage in a good faith attempt to negotiate a settlement of the case by __________________, 20__.

Parties must agree on mediator or plaintiff's counsel applies for designation

Source text: (2) If the parties are unable to settle the case, they should attempt to agree on a mediator. The Court’s homepage http://www.wawd.uscourts.gov/ has a list of mediators. The parties shall file with the Court the name of the mediator selected. If the parties cannot agree on a mediator, plaintiff’s counsel shall promptly apply to the court for designation of a mediator.

Mediation must be completed by specified date with court report

Source text: (3) The mediation shall be completed no later than __________________, 20__. The mediator shall provide the Court with a report stating when the mediation occurred and whether the case has been resolved.

Default judgment motions must include a declaration.

Source text: Plaintiffs shall support the motion with a declaration.

Default judgment motions must separately state principal claim, liquidated damages, interest, and attorney’s fees.

Source text: Plaintiffs shall separately state the amounts owing on the principal claim, and if applicable liquidated damages, pre- and post-judgment interest, and reasonable attorney’s fees.

Default judgment motions must explain calculations for all amounts.

Source text: Plaintiffs shall explain how all amounts were calculated.

Default judgment motions must provide evidence of principal claim and attach relevant contract portions.

Source text: Plaintiffs shall provide evidence establishing the amount of the principal claim. If the claim is based on one or more contracts, the relevant contract portions must be attached.

Default judgment motions seeking liquidated damages must provide evidence of entitlement.

Source text: Plaintiffs seeking liquidated damages must provide evidence establishing entitlement to such damages.

Default judgment motions must state interest rate, reasons, calculations, and prejudgment interest details.

Source text: Plaintiffs shall state the interest rate sought, the reasons for applying it, and the interest calculations utilized. For prejudgment interest, plaintiffs shall state the date on which prejudgment interest began to accrue and the basis for selecting that date.

Default judgment motions seeking attorney’s fees must state basis and include counsel’s declaration.

Source text: If attorney’s fees are sought, plaintiffs must state the basis for attorney’s fees and must include a declaration from plaintiff’s counsel establishing the reasonable amount of fees to be awarded.

Stipulated motions must be filed as "stipulated motion" with proposed order and Word version sent to specific email.

Source text: Stipulated motions should be filed as a “stipulated motion” rather than a “stipulation,” “agreed motion,” or “unopposed motion.” Stipulated motions may be noted for the day they are filed, but may not necessarily be signed that day. When filing stipulations, include a proposed order for the Judge to sign and send a Word version of the order to christelorders@wawd.uscourts.gov.

All counsel must follow these trial conduct rules unless excused by Judge Leupold

Source text: When appearing in this Court, unless excused by Judge Leupold, all counsel (including any other people at counsel table), shall adhere to the following rules:

All exhibits must be handled electronically; hard copies to Courtroom Deputy if needed

Source text: All exhibits will be handled electronically. If for some reason a hard copy exhibit becomes necessary, any such hard copy that counsel wishes to have the Court examine should be handed to the Courtroom Deputy.

DEPS program required for exhibit presentation; display electronically to opposing counsel first

Source text: The DEPS program will be used for presenting exhibits. Any exhibit offered in evidence should, at the time it is offered, be displayed electronically first to opposing counsel.

Show exhibits to opposing counsel before trial session; admit without objection

Source text: In advance of each trial session, counsel for the party going forward at that session should show opposing counsel the exhibits s/he intends to introduce at the session. The opponent shall indicate those exhibits to which s/he has no objection, and the Court will admit them when offered at the session.

Motions before magistrate judges must comply with LCR 7, 10 (civil) or LCrR 12 (criminal) and electronic filing procedures.

Source text: With respect to any motion to be heard before a magistrate judge, the parties shall comply with all rules of this court relating to motions, including but not limited to LCR 7 and 10 in civil cases, and LCrR 12 in criminal cases. All attorneys must also comply with this district=s electronic filing procedures.

$402 filing fee or in forma pauperis application required

Source text: To file your case, you must either pay the $402 filing fee or complete and file an application to proceed in forma pauperis (without payment of fees) along with your complaint.

Pro se must serve complaint and summonses if not IFP

Source text: If the Court finds you do not financially qualify, you must pay the filing fee and serve your own complaint along with appropriate summonses as required by Rule 4 of the Federal Rules of Civil Procedure.

Opening brief required to identify ALJ errors

Source text: The Scheduling Order will direct you to file an opening brief that identifies all the ways you believe the ALJ erred.

List all ALJ errors on page one of opening brief

Source text: Please list on page one of the opening brief all of the errors you believe the ALJ committed in denying you benefits and then explain each error in greater detail.

Written motion required for any Court action

Source text: As discussed above, properly filing and serving a complaint is the first step in a Social Security case. After that, if you want the Court to do something, you must file a written motion.

Motion for extension requires proposed order

Source text: For example, if you need more time to prepare your opening brief or reply brief, you should file a paper entitled, “Motion for an Extension of Time,” along with a proposed order that states what you want the Court to do and how much of an extension you need.

Civil Cover Sheet (Form JS-44) required for all civil actions except prisoner challenges.

Source text: Every civil action, except civil actions filed by persons in state or federal custody challenging conviction, sentence, or conditions of confinement, shall be accompanied by a Civil Cover Sheet, Form JS-44 revised.

Patent/copyright cases require additional notices (AO 120/121).

Source text: All civil actions in which jurisdiction is invoked in whole or in part under 28 U.S.C. § 1338 (regarding patents, copyrights and trademarks) shall be accompanied by the required notice to the Patent and Trademark Office, Form AO 120, in patent and trademark matters, and by the required notice, Form AO 121, in copyright matters.

Civil filing fee required for all civil actions except in forma pauperis.

Source text: A party must pay the Civil Filing Fee when it files or removes any civil action except for proceedings in forma pauperis under LCR 3(c) or as otherwise exempted by law.

In forma pauperis applicants must complete district-specific application and consent to fee recovery.

Source text: At the time application is made under 28 U.S.C. § 1915 or other applicable acts of Congress for leave to commence any civil action or to file any petition or motion without being required to prepay fees and costs or give security for them, each petitioner, movant or plaintiff shall: (1) Complete the in forma pauperis application approved for use in this district for the specific type of case; and (2) File a written consent that the recovery, if any, in the action, to such amount as the court may direct, shall be paid to the clerk who may pay therefrom all unpaid fees and costs taxed against the plaintiff, and to his attorney the amount which the court allows or approves as compensation for the attorney’s services.

Plaintiffs must list related cases on Civil Cover Sheet and file Notice of Related Cases.

Source text: A plaintiff must list all related cases in the Civil Cover Sheet and, if there are any, file a Notice of Related Cases, with its first appearance;

Removing defendants must list related cases on Civil Cover Sheet and file Notice of Related Cases.

Source text: A removing defendant must list all related cases in the civil cover sheet and file a notice of Related Cases with its first appearance;

Parties must file Notice of Related Cases within 5 days of discovering related actions.

Source text: Unless an action is listed as related in the Civil Cover Sheet or the original Notice of Related Cases, parties who have appeared must file a Notice of Related Cases alerting the court within five days of learning of any other action that was or is pending in this district that may be related to the party’s case.

Notice of Pendency of Other Action must be filed within 5 days of learning about related cases.

Source text: Whenever a party knows or learns that its pending case involves all or a material part of the same subject matter and all or substantially the same parties as another action that is pending in any other federal or state court, before an administrative body, or before an arbitrator, the party must file a Notice of Pendency of Other Action within five days of learning of the other action.

Notice must include specific information about related actions and coordination.

Source text: The Notice must contain the title and case number of the other action, a brief description of the other action, the title and location of the court or other forum in which the other action is pending, a statement of any relationship between the two actions, a statement regarding whether transfer should be effected pursuant to 28 U.S.C. § 1407 (Multi District Litigation Procedures) if the action is pending in another U.S. District Court, and a statement regarding whether coordination between the actions might avoid conflicts, conserve resources and promote an efficient determination of the action.

Parties must provide properly formatted summons with sufficient copies for service.

Source text: It is the obligation of a party seeking the issuance of a summons by the clerk to present the summons to the clerk in the proper form, prepared for issuance, with sufficient copies for service.

All counsel must electronically file documents unless court orders otherwise.

Source text: Unless otherwise specifically ordered by the court or directed by the clerk, all counsel are required to electronically file documents through the court’s electronic filing system and to comply with the electronic filing procedures for the district. Unrepresented parties may, but are not required to, electronically file documents.

Proposed orders must be submitted to chambers via email in editable Word format.

Source text: The moving party shall serve the motion and a proposed order on each party that has appeared in the action, shall file the motion and proposed order with the clerk, and shall submit an editable version of the proposed order, in a format compatible with Microsoft Word, to chambers via email as provided in the Electronic Filing Procedures manual.

Motion arguments must be included within the motion document, not in separate briefs.

Source text: The argument in support of the motion shall not be made in a separate document but shall be submitted as part of the motion itself.

Motions requiring facts not in record must include affidavits, declarations, or other evidence.

Source text: If the motion requires consideration of facts not appearing of record, the movant shall also serve and file copies of all affidavits, declarations, photographic or other evidence presented in support of the motion.

Motions must include 'NOTE ON MOTION CALENDAR' date in caption below title.

Source text: All motions shall include in the caption (immediately below the title of the motion) the date the motion is to be noted for consideration upon the court’s motion calendar. See LCR 7(d) for scheduling motions and briefing deadlines. The noting date is the date by which all briefing is complete and the matter is ready for the court’s consideration, although the court may not issue a ruling on that day. The form for this notation shall be as follows: NOTE ON MOTION CALENDAR: [insert date noted for consideration]

Requests to strike must be included in responsive brief, not separate motion

Source text: Requests to strike material contained in or attached to submissions of opposing parties shall not be presented in a separate motion to strike, but shall instead be included in the responsive brief, and will be considered with the underlying motion.

Word count certification required in signature block for briefs with word limits

Source text: 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.

Filing inaccurate documents may result in refusal to consider corrections; corrections require praecipe with docket number and page/line details.

Source text: Parties are expected to file accurate, complete documents, and the failure to do so may result in the court's refusal to consider later filed corrections or additions to the record. In the event that an error is discovered, a party should file, as promptly as possible, a praecipe requesting that the court consider a corrected document, which must be filed as an attachment to the praecipe. The praecipe must specify by docket number the document being corrected and the corrections by page and line number.

Adding documents requires praecipe explaining why not included originally and referencing original filing by docket number.

Source text: If the party seeks to add an additional document in support of a previous filing, the praecipe must set forth why the document was not included with the original filing and reference the original filing by docket number.

Nongovernmental parties (except individuals/sole proprietorships) must file corporate disclosure statements.

Source text: Any nongovernmental party, or any nongovernmental corporation that seeks to intervene, other than an individual or sole proprietorship, must file a corporate disclosure statement.

Corporate disclosure must identify parent corporations, major shareholders, members, partners, or state none exist.

Source text: The corporate disclosure statement must do one of the following: (1) Identify any parent corporation and any publicly held corporation owning more than 10% of its stock; any member or owner in a joint venture or limited liability corporation (LLC); all partners in a partnership or limited liability partnership (LLP); and any corporate member, if the party is any other unincorporated association; or (2) State that there 'is no parent, shareholder, member, or partner to identify as required by LCR 7.1(a)(1).'

In diversity cases, corporate disclosure must list states of citizenship for all identified parties.

Source text: In diversity actions, for any person or entity identified in (a)(1) above, the corporate disclosure statement must also list those states in which the party, owners, partners, or members are citizens.

In diversity cases, complaints must identify citizenship of all parties and members of LLCs, LLPs, and partnerships.

Source text: If plaintiff is asserting that this court has jurisdiction based on diversity, the complaint must identify the citizenship of the parties, and, if any of the parties is a limited liability corporation (LLC), a limited liability partnership (LLP), or a partnership, identify the citizenship of the owners/partners/members of those entities to establish the court's jurisdiction.

All filings must be dated and signed per FRCP 11 and LCR 11

Source text: (4) Dates and Signature Lines. All pleadings, motions and other filings shall be dated and signed as provided by Federal Rule Civil Procedure 11, LCR 11, and the court's Electronic Filing Procedures. If an original document is required to be filed with the court, any required signature thereto must also be original. The court might not consider improperly signed or unsigned documents.

Failure to appear at pretrial conference or trial may result in judgment against the party.

Source text: Failure of an attorney for any party to appear at a pretrial conference or to complete the necessary preparations therefor, or to appear or be prepared for trial on the date assigned, may be considered an abandonment or failure to prosecute or defend diligently, and judgment may be entered against that party either with respect to a specific issue or the entire case.

Citations to administrative records must include page/line numbers; citations to record documents must include docket number and page number.

Source text: (6) Citation to the Record. In all cases where the court is to review the proceedings of an administrative agency, transcripts, deposition testimony, etc., the parties shall, insofar as possible, cite the page and line of any part of the transcript or record to which their pleadings, motions or other filings refer. Citations to documents already in the record, including declarations, exhibits, and any documents previously filed, must include a citation to the docket number and the page number (e.g., Dkt. # __ at p. __) and citations to legal authority must include page numbers.

Proposed orders must include 'Presented by' signature line and specific date/judge format.

Source text: (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]”

Exhibits must be marked with divider pages and specific references; only germane excerpts should be filed with clear identification.

Source text: (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.

Multiple signature methods are acceptable, including typed 's/ [Name]' for certain filers.

Source text: Except as otherwise required by law, a signature means any of the following when affixed to a document with the intent to sign the document: (1) A name or mark the signer created by hand in ink on paper. (2) A name or mark the signer created by hand using a stylus or other mechanism for creating a digital drawing. (3) A mechanical or digital reproduction of the signature described in (a)(1) or (a)(2), if the filer retains: (A) For a document executed on paper, an original paper copy of the signature page of the document; or (B) For a document to which a signature image is affixed, the original digital file to which the signer affixed the signature. (4) A name or mark the signer affixed digitally using a process that automatically creates a certificate of completion identifying the signer. A signature created with DocuSign, Adobe Acrobat Sign, or other similar software is presumed to meet this definition. (5) A mechanical or digital reproduction of the signature described in (a)(4), if the filer retains an original digital copy of the executed document and certificate of completion. (6) The signer’s name typed with the “s/ [Name]” convention if: (A) The signer is any of: (i) A lawyer admitted to the bar of this court; (ii) A lawyer admitted pro hac vice (or seeking pro hac vice admission) in the matter in which the signature is submitted; (iii) A pro se litigant in the matter in which the signature is submitted, provided that the signature does not authenticate a statement made under penalty of perjury; or (iv) The staff of a person described in (a)(6)(i)-(iii) when the signature is affixed to a certificate of service; and (B) The document: (i) Requires only one signature and the filer or the filer’s staff, at the filer’s direction, typed the “s/ [Name]” on the document; or (ii) Requires multiple signatures and the filer’s signature conforms with (a)(6)(B)(i) and for the additional signatures, the filer confirmed that the contents of the document are acceptable to all signers and received express written permission from the additional signer or signers to type (or direct the filer’s staff to type) the additional “s/ [Name]” signature or signatures.

Failure to comply with rules or court orders may result in personal liability for excess costs and other sanctions.

Source text: An attorney or party who without just cause fails to comply with any of the Federal Rules of Civil or Criminal Procedure, these rules, or an order of the court, or who presents to the court unnecessary motions or unwarranted opposition to motions, or who fails to prepare for presentation to the court, or who otherwise so multiplies or obstructs the proceedings in a case may, in addition to or in lieu of the sanctions and penalties provided elsewhere in these rules, be required by the court to satisfy personally such excess costs and may be subject to such other sanctions as the court may deem appropriate.

Proposed amended pleadings must show changes with redline formatting and cannot incorporate by reference.

Source text: A party who moves for leave to amend a pleading must attach a copy of the proposed amended pleading as an exhibit to the motion. The party must indicate on the proposed amended pleading how it differs from the pleading that it amends by bracketing or striking through the text to be deleted and underlining or highlighting the text to be added. The proposed amended pleading must not incorporate by reference any part of the preceding pleading, including exhibits.

Amended pleading must be filed and served within 14 days of order granting leave to amend.

Source text: If a motion for leave to amend is granted, the party who was given leave to amend must file and serve the amended pleading on all parties within fourteen (14) days of the filing of the order granting leave to amend, unless the court orders otherwise.

Amended pleading by consent requires joint notice and redlined version.

Source text: A party who amends a pleading by obtaining the opposing party’s written consent shall file with the court a joint notice memorializing the parties’ consent to the amended pleading and shall attach a redlined version of the amended pleading showing how it differs from the pleading that it amends.

Amended pleadings cannot incorporate by reference any part of the preceding pleading.

Source text: The amended pleading must not incorporate by reference any part of the preceding pleading, including exhibits.

Final formatted amended pleading must be filed separately and served on all parties.

Source text: The amended pleading in final format, i.e., without redlining, should be filed simultaneously as a separate docket entry and served on all parties.

Motions to compel discovery must be filed on or before discovery deadline.

Source text: Any motion to compel discovery shall be filed and served on or before the discovery deadline or as directed by court order.

Joint status report must address all topics in Fed. R. Civ. P. 26(f)(3) and LCR 26(f).

Source text: In their joint status report, the parties must address all of the topics set forth in Fed. R. Civ. P. 26(f)(3) and in LCR 26(f).

Court must enter written scheduling order as prescribed in Fed. R. Civ. P. 16(b).

Source text: The court shall enter a written scheduling order as prescribed in Rule 16(b) of the Federal Rules of Civil Procedure.

Scheduling order must include deadlines for discovery and dispositive motions.

Source text: The scheduling order shall include, among other things, deadlines for the completion of discovery and the filing of dispositive motions.

Motions to exclude expert testimony must be filed by dispositive motions deadline.

Source text: Unless otherwise ordered by the court, parties shall file any motion to exclude expert testimony for failure to satisfy Daubert v. Merrell Dow Pharmaceuticals, Inc. and its progeny not later than the deadline to file dispositive motions.

Dispositive motions must be filed by the dispositive motions deadline.

Source text: Not later than the deadline to file dispositive motions, unless

Proposed pretrial order must be filed 30 days before trial.

Source text: The proposed pretrial order, bearing the signatures of counsel for each party, shall be filed 30 days prior to the scheduled trial date, unless otherwise ordered by the court.

Plaintiff must serve pretrial statement 30 days before proposed pretrial order filing.

Source text: Not later than 30 days prior to the date for filing the proposed pretrial order, counsel for plaintiff(s) shall serve upon counsel for all other parties (but not file) a brief statement as to: (1) Federal jurisdiction; (2) Which claims for relief plaintiff intends to pursue at trial, stated in summary fashion; (3) Relevant facts about which plaintiff asserts there is no dispute and which plaintiff is prepared to admit; (4) Issues of law; (5) The names and addresses of all witnesses who might be called by plaintiff, and the general nature of the expected testimony of each. As to each witness, plaintiff shall indicate “will testify” or “possible witness only.” Rebuttal witnesses, the necessity of whose testimony cannot reasonably be anticipated before trial, need not be named; (6) A list of all exhibits which will be offered by plaintiff at the time of trial, except exhibits to be used for impeachment only, and a statement of whether the plaintiff intends to present exhibits in electronic format to jurors. The exhibits shall be numbered in the manner required by the assigned judge during a pre-trial conference, in the applicable case management order, or by other order.

Defendant must serve pretrial statement 20 days before proposed pretrial order filing.

Source text: Not later than 20 days prior to the filing of the proposed pretrial order, each defense counsel shall serve upon counsel for all other parties (but not file) a brief statement as to: (1) Objections, additions or changes which defendant believes should be made to plaintiff’s statement on federal jurisdiction and admitted facts; (2) Which affirmative defenses and/or claims for relief defendant intends to pursue at trial, stated in summary fashion; (3) Objections, additions or changes which defendant believes should be made to plaintiff’s statement of issues of law; (4) The names and addresses of all witnesses who might be called by defendant, and the general nature of the expected testimony of each. As to each witness, defendant shall indicate “will testify” or “possible witness only.” Rebuttal witnesses, the necessity of whose testimony cannot reasonably be anticipated before trial, need not be named; (5) A list of all exhibits which will be offered by defendant at the time of trial, except exhibits already listed by plaintiff and exhibits to be used for impeachment only.

Principal trial attorney must attend conference.

Source text: The attorney principally responsible for trying the case on behalf of each party shall attend the conference.

Attorneys must be familiar with case and prepared to stipulate and discuss settlement.

Source text: Each attorney shall be completely familiar with all aspects of the case in advance of the conference, and be prepared to enter into stipulations with reference to as many facts, issues, deposition excerpts, and exhibits as possible, and to discuss the possibility of settlement.

Counsel must cooperate to develop proposed pretrial order.

Source text: At the conference, counsel shall cooperate in developing a proposed pretrial order which can be signed by counsel for all parties.

Principal trial attorney and pro se parties must attend final pretrial conference.

Source text: Counsel who will have principal responsibility for trying the case for each party shall attend, together with any party proceeding pro se.

Rule provisions strictly enforced with sanctions for non-compliance.

Source text: The provisions of this rule will be strictly enforced. Sanctions and penalties for failure to comply are set forth in LCR 11 and in the Federal Rules of Civil Procedure.

Pro se parties must comply with all counsel obligations.

Source text: A party proceeding without counsel shall comply in all respects with obligations imposed upon 'counsel' under this rule.

Pretrial order form required for all cases except land condemnation.

Source text: The following form of pretrial order shall be used, insofar as possible, in the trial of all cases except those involving land condemnation.

Expert witness limits apply to each party.

Source text: (a) Each party shall be limited to _____ expert witness(es) on the issues of _______.

Exhibits must be numbered and tagged with specific information.

Source text: Identify each exhibit with a number, which becomes the number for the exhibit at the trial and appears on the exhibit tag with the following information in table format:

Objections to exhibits must reference Federal Rule of Evidence numbers or party codes.

Source text: An objection based on a Fed. R. Evid. should reference the rule number; additional objections should be referenced by a code that the parties include with the exhibit list.

Trial briefs must be submitted by a specified deadline.

Source text: Trial briefs shall be submitted to the court on or before _______________.

Jury instructions must be submitted by a specified deadline in jury trials.

Source text: (Omit this subparagraph in non-jury case). Jury instructions requested by either party shall be submitted to the court on or before _______________.

Voir dire questions must be submitted by a specified deadline in jury trials.

Source text: Suggested questions of either party to be asked of the jury by the court on voir dire shall be submitted to the court on or before _______________.

Independent guardian ad litem required for minor/incompetent settlements unless already represented.

Source text: In every case where the court is requested to approve a settlement involving the claim of a minor or incompetent, an independent guardian ad litem, who shall be an attorney-at-law, must be appointed by the court, and said guardian ad litem shall investigate the adequacy of the offered settlement and report thereon; provided, however, that the court may dispense with the appointment of the guardian ad litem if a general guardian has been previously appointed for such minor or incompetent, or if the court affirmatively finds that the minor or incompetent is represented by independent counsel.

Class action complaints must include “Complaint—Class Action” legend next to the caption.

Source text: (1) The complaint shall bear next to its caption the legend, “Complaint—Class Action.”

Class action complaints must include a separate “Class Action Allegations” heading.

Source text: (2) The complaint shall contain under a separate heading, styled “Class Action Allegations”:

Class action complaints must reference the applicable Rule 23 provisions.

Source text: (A) A reference to the portion or portions of Fed. R. Civ. P. 23 under which it is claimed that the suit is properly maintainable as a class action.

Class action complaints must include allegations justifying class action status.

Source text: (B) Appropriate allegations thought to justify such claim, including, but not necessarily limited to:

Class action complaints must allege the size and definition of the class.

Source text: 1. The size (or approximate size) and definition of the alleged class,

Class action complaints must allege adequacy of class representatives.

Source text: 2. The basis upon which the plaintiff (or plaintiffs) claims (i) to be an adequate representative of the class, or (ii) if the class is composed of defendants, that those named as parties are adequate representatives of the class.

Class action complaints must allege common questions of law and fact.

Source text: 3. The alleged questions of law and fact claimed to be common to the class,

Class action complaints under Rule 23(b)(3) must include supporting allegations.

Source text: 4. In actions claimed to be maintainable as class actions under Fed. R. Civ. P. 23(b)(3), allegations thought to support the findings required by that subdivision.

Discovery requests must be served early enough to meet deadlines.

Source text: Interrogatories, requests for admissions or production, etc., must be served sufficiently early that all responses are due before the discovery deadline.

Parties must discuss ESI preservation and whether to adopt Model ESI Agreement.

Source text: (I) whether the case will involve the preservation and production of Electronically Stored Information ("ESI") and, if so: (i) the nature, location, and scope of discoverable ESI; and (ii) whether the parties agree to adopt the Model Agreement Regarding Discovery of Electronically Stored Information in Civil Litigation (the "Model ESI Agreement," which can be found under "Forms" on the court's website) or a modified version thereof, and the timing for filming the agreement;

ESI discovery requires agreement on preservation, formats, and methodologies.

Source text: (J) if one or more of the parties intend to engage in the discovery of ESI and are unable to agree to the Model ESI Agreement or a modified version thereof, whether they are able to reach agreement regarding the following topics and the substance of their agreement: (i) the nature, location, and scope of ESI to be preserved by the parties; (ii) the formats for production of ESI (whether TIFF with a companion text file, native, or some other reasonably usable format); (iii) methodologies for identifying relevant and discoverable ESI for production, including: (a) methods for identifying an initial subset of sources of ESI that are most likely to contain the relevant and discoverable information as well as methodologies for culling the relevant and discoverable ESI from that initial subset; (b) identifying the custodians and non-custodial data sources, including all third party data sources, most likely to have discoverable information; (c) any plans to filter data based on file type, date ranges, sender, receiver, custodian, search terms, or other similar parameters; and (d) the use of any computer- or technology-assisted review, including any plans to use keyword searching, mathematical or thesaurus based topic or concept clustering, or other advanced culling technologies.

Database ESI must be producible via query with usable export format.

Source text: (iv) whether ESI stored in a database or a database management system can be identified and produced by querying the database for discoverable information, resulting in a report or a reasonably usable and exportable electronic file for review by the requesting counsel or party.

Attorneys must understand client's ESI storage before Rule 26(f) conference.

Source text: (2) The attorneys for each party shall review and understand how their client's data and ESI are stored and retrieved before the Rule 26(f) conference and before any meet and confer discussions related to the production of ESI in order to determine what issues must be addressed during those discussions. To satisfy this requirement, the attorney may choose to include in the Rule 26(f) conference and/or meet and confer discussion a paralegal, information technology specialist, or other person with knowledge about how the client's data and ESI are stored and retrieved.

ESI-related motions must include certification or ESI Agreement.

Source text: (3) Any motion for a protective order or motion to compel related to the production of ESI must include the certification set forth in LCR 26(c) or 37(a)(1), state that the parties agreed to an ESI Agreement and attach that ESI Agreement, or state that the parties met and conferred regarding the topics set forth in LCR 26(f)(1)(I) to the extent they are applicable.

Court may require parties to adhere to ESI agreement in scheduling order.

Source text: (4) In the scheduling order or by separate order, the court may require the parties to adhere to an agreement for the discovery and disclosure of electronically stored information.

Deposition transcript with highlighted relevant portions must be provided by pretrial statement deadline

Source text: If a party intends to offer a deposition instead of, or in addition to, live testimony at trial, the party shall provide to all other parties a transcript of the deposition with the relevant portions highlighted, by no later than the due date for their pretrial statement under LCR 16(h) and LCR 16(i) or as otherwise ordered by the court. Other parties may offer objections and counter- designations by highlighting them and providing the same to the opposing party no later than the conference of attorneys under LCR 16(k) or as otherwise ordered by the court.

Deposition transcript must include all designations, highlighting, and objections in margins

Source text: 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.

Video deposition must be submitted to court and parties by pretrial order deadline

Source text: If a party intends to offer a video deposition instead of live testimony, the party must, in addition to complying with the provisions above, submit a copy of the video deposition to the court upon request and to all other parties no later than the deadline for filing the pretrial order. The party offering the video is responsible for being familiar with the courtroom technology necessary to play it and for ensuring that the video is edited appropriately.

Proposed order must be prepared and emailed to judge's email orders address in Word/WordPerfect format.

Source text: (G) The moving party shall prepare a proposed order that identifies each of the discovery requests at issue, with space following each of the requests for the court’s decision. 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.

Plaintiff must secure and file consent forms for arbitration.

Source text: The plaintiff shall be responsible for securing the execution of consent forms by the parties and for filing such forms with the clerk of court.

Discovery prohibited 14 days before arbitration through award issuance.

Source text: No discovery will be permitted during the period beginning fourteen days before the arbitration hearing and ending on the date the award is issued.

Joint Individualized Trial Statement due 7 days before individualized trial conference

Source text: The parties must file a Joint Individualized Trial Statement seven (7) days before the individualized trial conference addressing all of the following topics, unless they have already addressed these topics in their Joint Status Report or unless otherwise ordered by the court:

Case management order requires document exchange 15 days before pretrial conference and discovery completion 90 days after individualized trial conference

Source text: The court shall issue a case management order following the conference. Unless otherwise ordered by the court, the order shall require the parties to exchange the documents described in Fed. R. Civ. P. 26(a)(3) no later than fifteen (15) days before the pretrial conference and shall require the parties to complete all discovery no later than ninety 90 days after the individualized trial conference.

Pretrial conference must be held within 150 days of agreement approval

Source text: The pretrial conference shall be held no later than one hundred fifty (150) days after the agreement is approved by the court.

Discovery limited to 10 interrogatories, 10 document requests, 10 requests for admission, and 15 hours of depositions per party

Source text: Unless otherwise ordered by the court or by agreement of the parties, discovery shall be limited to ten (10) interrogatories per party, ten (10) document requests, ten (10) requests for admission, and fifteen (15) hours of depositions, per party.

Each party limited to one expert witness unless court permits or parties agree

Source text: No party shall call more than one expert witness to testify, unless permitted by the court or by agreement of the parties.

Pretrial motions (except dispositive) must follow LCR 37 individualized procedure

Source text: Except for dispositive motions, all pretrial motions must use the individualized procedure set forth in LCR 37.

Trial must be held within 6 months of agreement approval

Source text: Unless otherwise ordered, trial shall be held no later than six months after the agreement is approved by the court.

Post-trial motions limited to costs/fees, clerical errors, verdict conformity, enforcement, and new trial motions

Source text: Post-trial motions shall be limited to determination of costs and attorney’s fees, correcting a judgment for clerical error, conforming the verdict to the agreement, enforcement of judgment and motions for a new trial.

Notice of intention to move for new trial must be filed within 10 court days of verdict entry

Source text: Within ten (10) court days after notice of entry of a verdict, a party may file with the clerk and serve on each adverse party a notice of intention to move for a new trial on any of the grounds specified in subsection (n)(3) of this rule.

Grounds for new trial motions limited to judicial misconduct, jury misconduct, or other specified grounds

Source text: Grounds for motions for a new trial shall be limited to: (1) judicial misconduct that materially affected the substantial rights of a party; (2) misconduct of the jury; or (3)

Parties must provide clerk with original and copy of each trial exhibit on morning of trial.

Source text: Unless otherwise ordered by the court, on the morning of trial each party appearing shall present marked and tagged trial exhibits to the clerk. Exhibits shall be marked in accordance with the Pretrial Order or other order of the court. The clerk shall be provided with an original and a copy of each exhibit; provided, that leave may be sought from the court to dispense with providing copies of exhibits where bulk or other considerations would make copying, or the use of copies, impractical.

Counsel must provide witness list to opposing counsel by end of each trial day.

Source text: Not later than the close of each day of trial, counsel shall provide to opposing counsel a list of the witnesses he or she intends to call the following day of trial. This requirement may be modified for good cause shown.

Only one attorney per party may examine/cross-examine witnesses at trial.

Source text: At trial only one attorney for a party shall examine or cross-examine any witness unless otherwise ordered by the court.

Parties limited to one expert witness per subject unless court orders otherwise.

Source text: Except as otherwise ordered by the court, a party shall not be permitted to call more than one expert witness on any subject.

Parties must exchange jury instructions 21 days before due date and confer to agree on one set.

Source text: Twenty-one days before jury instructions are due, the parties shall exchange proposed jury instructions, verdict forms, and, if necessary, special interrogatories. Plaintiff is responsible for submitting proposed standard civil instructions and proposed instructions on any issue on which plaintiff bears the burden of proof. Defendant is responsible for submitting proposed instructions on any issue on which defendant bears the burden of proof. The parties shall confer with the objective of filing with the court one set of agreed-upon instructions, verdict forms, and interrogatories which addresses all elements of all claims and defenses in the case.

If parties cannot agree, file Joint Instructions and Joint Statement of Disputed Instructions with specific formatting.

Source text: If the parties cannot agree on one complete set of instructions, verdict forms, and interrogatories, they shall file two documents with the court. The first document, titled "Joint Instructions," shall reflect all agreed-upon instructions, verdict forms, and interrogatories. The second document, titled "Joint Statement of Disputed Instructions," shall present each disputed instruction, verdict form, and/or interrogatories in the following order: (1) At the top of the page, the proposed language shall be set forth with an identification of the party proposing it and a statement of any legal authority in support of the proposed language (not to exceed one page); (2) Immediately following the proposed language and supporting legal authority, the opposing party shall set forth its alternative language, if any, and its objections to the proposed language along with any legal authority in support of the objections (not to exceed one page).

All jury instructions must include a table of contents with specific information.

Source text: A table of contents shall be included with all jury instructions submitted to the court. The table of contents shall set forth the following information: (1) the number of the instruction; (2) a brief title of the instruction; (3) the source of the instruction; (4) the page number of the instruction; and (5) the proposing party(ies).

Costs must be verified under penalty of perjury.

Source text: The movant shall verify, in a declaration sworn under penalty of perjury by the party, an attorney of record, or an agent having knowledge of the facts, that each requested cost is correct and has been necessarily incurred in the case and that the services for which fees have been charged were actually and necessarily performed.

Default judgment motions require service on appearing defaulting parties.

Source text: If the defaulting party has appeared, the motion shall be noted in accordance with LCR 7(d)(3), and service of all papers filed in support of the motion must be made at the defaulting party’s address of record and shall also be served by electronic means if available.

Statements of material facts must be included within the memorandum for summary judgment motions.

Source text: 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.

Proposed order required with temporary restraining order motions.

Source text: (4) Proposed Order: A motion for a temporary restraining order must include a proposed order specifically setting forth the relief requested and describing in reasonable detail the act or acts to be restrained or required.

Bonds must be secured by monetary deposit or Treasury-authorized corporation meeting specific filing requirements.

Source text: Every bond must be secured by either: (1) a monetary deposit equal to the amount of the bond, or (2) a corporation authorized by the Secretary of the Treasury of the United States to act as surety on official bonds under 31 U.S.C. §§ 9301-9306, which corporation shall have on file with the clerk one of the following: (i) proof that the corporation is incorporated in Washington, (ii) a copy of the power of attorney appointing a resident agent for service of process in this district, or (iii) proof that the corporation has a resident agent who is an official of the State of Washington authorized or appointed under Washington law to receive service of process on the corporation.

Court officers cannot serve as sureties on any bond or undertaking.

Source text: No clerk, marshal, member of the bar, or other officer of this court will be accepted as surety on any bond or other undertaking in any action or proceeding in this court.

Receivers must file inventory within 20 days of taking possession, unless court orders otherwise.

Source text: Unless the court otherwise orders, a receiver or similar officer as soon as practicable after appointment and not later than 20 days after the receiver has taken possession of the estate, shall file an inventory of all the property and assets in the receiver's possession or in the possession of others who hold possession as the receiver's agent, and in a separate schedule, an inventory of the property and assets of the estate not reduced to possession by the receiver but claimed and held by others.

Receivers must file reports every six months after inventory filing until discharged.

Source text: Within six months after the filing of the inventory, and at regular intervals of six months thereafter until discharged, or at such other times as the court may direct, the receiver or other similar officer shall file reports of receipts and expenditures and of the receiver's acts and transactions in an official capacity.

Actions with appointed receivers cannot be dismissed without court leave and notice to parties.

Source text: No action in which a receiver has been appointed shall be dismissed by any party except by leave of court and on such notice to other parties as the court may prescribe.

All registry deposits require judge-signed order with specific language.

Source text: All deposits into the Registry of the Court must be accompanied by an order approving the deposit signed by a judge. Each signed order shall contain the following language: “the Clerk is directed to deposit funds into the Registry of the Court in the principal amount of $____.”

Disbursement motions must specify principal amount, disbursement amounts, and payees.

Source text: All motions for disbursement of registry funds shall specify the principal sum initially deposited, the amount(s) of principal funds to be disbursed and to whom the disbursement is to be made.

Disbursement orders must include specific language authorizing check(s) to payees.

Source text: Each proposed order seeking disbursement of registry funds shall contain the following language: “... the clerk is authorized and directed to draw a check(s) on the funds deposited in the registry of this court in the principal amount of $ plus all accrued interest, payable to (name of payee) and mail or deliver the check(s) to (name of payee).”

Multiple checks require separate statement of principal and interest for each payee.

Source text: If more than one check is to be issued pursuant to a single order, the portion of principal and interest due each payee must be separately stated.

W-9 forms and addresses must be emailed to Finance Department, not filed.

Source text: 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.

DOF created when plaintiff files statutory interpleader disclaiming ownership.

Source text: A Disputed Ownership Fund (DOF) is created when a plaintiff who disclaims ownership of the funds at issue files a statutory interpleader action under 28 U.S.C. § 1335.

Statutory interpleader funds must meet IRS DOF definition.

Source text: Statutory interpleader funds deposited under 28 U.S.C. § 1335 must meet the IRS definition of a “disputed ownership fund” (DOF), which is a taxable entity that requires tax administration.

Motion for Interpleader Deposit required with CRIS/DOF identification.

Source text: A Motion for Interpleader Deposit is required. The motion must clearly identify that the funds are to be deposited into the Court Registry Investment System (CRIS) for Disputed Ownership Fund.

Proposed order must identify funds as CRIS DOF interpleader funds under 28 U.S.C. § 1335.

Source text: The proposed order accompanying the motion must correctly identify the interpleader funds by stating that the funds are to be “deposited into the Court Registry Investment System as Disputed Ownership Funds (DOF) interpleader funds under 28 U.S.C. § 1335.”

Eligibility for admission to bar requires Washington State Bar membership or federal agency employment.

Source text: An attorney is eligible for admission to the bar of this court if he or she is (1) a member in good standing of the Washington State Bar, or (2) a member in good standing of the bar of any state and employed by the United States or one of its agencies in a professional capacity and who, while being so employed may have occasion to appear in this court on behalf of the United States or one of its agencies.

Petition for admission requires certificates from two local bar members attesting to good moral character.

Source text: Each applicant for admission to the bar of this court shall file with the clerk a Petition for Admission to Practice. The petition must include the certificates of two reputable members of the bar of this court attesting to the petitioner's good moral character. The certificates must be completed by members of this court's bar who either reside or maintain an office for the practice of law in the Western District of Washington.

Conditional admission requires petition stating employment and justification for non-Washington State Bar attorneys.

Source text: In the case of an attorney for the United States or one of its agencies who is not a member of the Washington State Bar, he or she must file a Petition for Conditional Admission to Practice, which can be downloaded from the court's website, and state the department or agency by which he or she is employed and the circumstances justifying the proposed admission to the bar of this court.

Out-of-district attorneys may appear pro hac vice with application and showing of particular need.

Source text: Any member in good standing of the bar of any court of the United States, or of the highest court of any state, or of any organized territory of the United States, and who neither resides nor maintains an office for the practice of law in the Western District of Washington normally will be permitted upon application and upon a showing of particular need to appear and participate in a particular case pro hac vice.

Pro hac vice appearances require representation by local counsel.

Source text: The party must also be represented by local counsel, who shall fulfill the responsibilities

Pro hac vice applications must include specific statements about need, compliance, and disciplinary history.

Source text: An application for leave to appear pro hac vice shall be promptly filed with the clerk and shall set forth: (1) the name and address of the applicant’s law firm; (2) the basis upon which “particular need” is claimed; (3) a statement that the applicant understands that he or she is charged with knowing and complying with all applicable local rules; (4) a statement that the applicant has not been disbarred or formally censured by a court of record or by a state bar association; and (5) a statement that there are no pending disciplinary proceedings against the applicant.

Local counsel must review, sign, and file pro hac vice applications and attest to availability.

Source text: Local counsel must review, sign, and electronically file the applicant’s pro hac vice application. By agreeing to serve as local counsel and by signing the pro hac vice application, local counsel attests that he or she is authorized and will be prepared to handle the matter in the event the applicant is unable to be present on any date scheduled by the court.

Local counsel must review/sign all filings, ensure compliance with local rules, and remind pro hac vice counsel of professionalism standards.

Source text: Unless waived by the court in addition to those responsibilities and any assigned by the court, local counsel must review and sign all motions and other filings, ensure that all filings comply with all local rules of this court, and remind pro hac vice counsel of the court’s commitment to maintaining a high degree of professionalism and civility from the lawyers practicing before this court as set forth in the Introduction to the Civil Rules.

Attorneys may enter appearance by signing and filing specific documents in civil cases.

Source text: An attorney eligible to appear may enter an appearance in a civil case by properly signing in accordance with the ECF Filing Procedures and filing a Notice of Appearance, complaint, amended complaint, answer, amended answer, Notice of Removal, motion to intervene, or motion for joinder on behalf of the party the attorney represents.

Attorneys must obtain leave of court to withdraw appearance unless specific exceptions apply.

Source text: No attorney shall withdraw an appearance in any case, civil or criminal, except by leave of court, unless the withdrawal complies with the requirements of subsections (b)(2) or (b)(3).

Withdrawal motions must be noted per LCR 7(d)(3) and include certification of service.

Source text: A motion for withdrawal shall be noted in accordance with LCR 7(d)(3) or CrR 12(b) (criminal cases) and shall include a certification that the motion was served on the client and opposing counsel.

Stipulation withdrawals require signatures from opposing counsel and new counsel/party.

Source text: A stipulation and proposed order for withdrawal must (1) be signed by all opposing counsel or pro se parties, and (2) be signed by the party’s new counsel, if appropriate, or by the party.

Withdrawal motions leaving party unrepresented must include party's contact information.

Source text: If a withdrawal will leave a party unrepresented, the motion to withdraw must include the party’s address and telephone number.

Withdrawal notices for multiple attorneys must state client remains represented and identify attorneys.

Source text: The remaining or withdrawing attorney(s) shall file a Notice of Withdrawal, which shall include a statement that the client remains represented and identifies the withdrawing and remaining attorneys.

Business entities (except sole proprietorships) must be represented by counsel.

Source text: A business entity, except a sole proprietorship, must be represented by counsel.

Business entity attorneys must certify they advised entity about counsel requirement before withdrawal.

Source text: If the attorney for a business entity, except a sole proprietorship, is seeking to withdraw, the attorney shall certify to the court that he or she has advised the business entity that it is required by law to be represented by an attorney admitted to practice before this court and that failure to obtain a replacement attorney by the date the withdrawal is effective may

Parties represented by counsel cannot act pro se without court order and proper certification.

Source text: (5) When a party is represented by an attorney of record in a case, the party cannot appear or act on his or her own behalf in that case, or take any step therein, until after the party requests by motion to proceed on his or her own behalf, certifies in the motion that he or she has provided copies of the motion to his or her current counsel and to the opposing party, and is granted an order of substitution by the court terminating the party's attorney as counsel and substituting the party in to proceed pro se; provided, that the court may in its discretion hear a party in open court, notwithstanding the fact that he or she is represented by an attorney.

When attorney becomes unavailable, party must appoint new counsel or seek pro se substitution.

Source text: (6) When an attorney suddenly becomes unable to act in a case due to death, incapacity, removal or suspension, the party for whom he or she was acting as attorney must, before any further proceedings are had in the action on his or her behalf, unless such party is already represented by another attorney, (i) appoint another attorney who must enter an appearance in accordance with subsection (a) or (ii) seek an order of substitution to proceed pro se in accordance with subsection (b)(5).

Attorney of record remains responsible after final judgment unless properly withdrawn.

Source text: (7) Unless the attorney withdraws in accordance with these rules, the authority and duty of an attorney of record shall continue after final judgment.

Attorneys must certify eligibility and notify clerk within 10 days of status change.

Source text: (1) Representation of Continuing Eligibility. By signing any document filed with the court or otherwise participating in any matter before the court, an attorney certifies that he or she is currently eligible to practice before this court. Should the status of an attorney change so that he or she no longer meets the requirements of LCR 83.1(b), he or she shall notify the Clerk of Court in writing no later than 10 days after the change in status.

Status changes trigger Order to Show Cause with 30-day response deadline.

Source text: (2) If the change in status is due to a disciplinary proceeding or criminal conviction, the provisions of LCR 83.3(c) shall apply. Otherwise, upon receipt of a notification of change of status, the Chief Judge, or other district judge who may be assigned to the matter, may issue an Order to Show Cause why the court should not suspend or revoke the attorney's admittance to practice before the court. The Order to Show Cause shall contain: (A) a reference to the notification of the change of status; (B) an order directing the attorney to show cause within 30 days why the attorney's admission to practice before this court should not be suspended or revoked; (C) notification that failure by the attorney to file a timely response to the Order to Show

Reinstatement petitions must include prior suspension/disbarment order, reinstatement order if applicable, and statement of facts; disbarment petitioners must also file admission petition and pay fee.

Source text: (E) Petitions for reinstatement shall be filed with the Clerk of Court, who will transmit the petition to the Chief Judge. The petition must include a copy of this court’s prior order of suspension or disbarment, a copy of an order of reinstatement from another jurisdiction if the petitioner is seeking reinstatement based on such an order, and a concise statement of facts claimed to justify reinstatement. Petitioners for reinstatement after disbarment must also file a Petition for Admission to Practice before this court and pay the applicable fee.

Legal interns may participate in court proceedings only when a supervising lawyer is present.

Source text: A legal intern may participate in all court proceedings, including depositions, provided the supervising lawyer or another lawyer from the same office is present. Unless otherwise ordered by the court, the supervising lawyer or another lawyer from the same office shall be present while a legal intern is participating in court proceedings.

Clients must be informed of legal intern status and consent to representation.

Source text: A legal intern, the intern’s supervising lawyer or a lawyer from the same office shall, before the intern undertakes to perform any services for a client, inform the client of the legal intern’s status, and obtain the client’s consent to be represented by a legal intern.

Other parties must file bankruptcy notice within 5 days if filer fails to do so.

Source text: If the filing party has not filed the required Notice and another party learns of the bankruptcy filing, that party must file the Notice within five days of learning of the bankruptcy filing.

Bankruptcy filers must notify court within 3 days with specific information about the filing.

Source text: If a party files for bankruptcy during the pendency of any action before this court, that party shall notify the court within three days by filing a Notice of Bankruptcy Filing. The Notice must identify the filing party, the date of the filing, the court where the filing occurred, and set forth the party’s position regarding whether the action is subject to the automatic stay of 11 U.S.C. § 362.

Habeas corpus petitions and § 2255 motions must use court forms.

Source text: Petitions for habeas corpus and motions filed pursuant to 28 U.S.C. § 2255 must use or substantially follow this district’s forms, which are available on the court’s website.

Party in custody must complete all required form information.

Source text: The party in custody shall provide all information required by the form.

Habeas corpus petitions require filing fee.

Source text: Petitions for habeas corpus shall be accompanied by the appropriate filing fee.

Party in custody must send original completed petition to clerk.

Source text: The party in custody shall send to the clerk an original completed petition or motion form for filing.

Non-party filers must verify petitions/motions and explain why party in custody didn't verify.

Source text: If a petition or motion is not made and verified by the party in custody, the person making such petition or motion shall verify the same on behalf of such party in custody, and shall set forth therein the reason why it is not made and verified by the party in custody, and shall state he or she knows the facts set forth therein, or if upon information and belief, the sources of his or her information shall be stated.

Removal notice must state reasons for good faith belief of damages exceeding jurisdiction.

Source text: The notice of removal shall in that event set forth the reasons which cause petitioner to have a good faith belief that the plaintiff is seeking damages in excess of the jurisdictional amount of this court notwithstanding the fact that the prayer of the complaint does not specify the dollar damages being sought.

Removal requires filing operative complaint as separate attachment.

Source text: In cases removed from state court, the removing defendant(s) shall file contemporaneously with the notice of removal (1) A copy of the operative complaint, which must be attached as a separate “attachment” in the electronic filing system and labeled as the “complaint” or “amended complaint.”

Removal requires certificate of service with counsel contact info.

Source text: (2) A certificate of service which lists all counsel and pro se parties who have appeared in the action with their contact information, including email address.

Removal requires jury demand copy as labeled attachment.

Source text: (3) A copy of any Jury Demand filed in the state court, which must be filed as an attachment and labeled “Jury Demand.”

Removal requires completed Civil Cover Sheet AO44.

Source text: (4) A completed Civil Cover Sheet (AO44).

Removal requires filing state court records within 14 days with verification.

Source text: The removing defendant(s) shall, within fourteen days of filing the notice of removal, file with the clerk of this court black-on-white copies of all additional records and proceedings in the state court, together with defendant’s or defense counsel’s verification that they are true and complete copies of all the records and proceedings in the state court proceeding.

Must comply with Fed. R. Civ. P. 81(c) to preserve jury trial right in removed cases.

Source text: (e) Preserving Right to Jury Trial. In a case removed from state court, a party must comply with Fed. R. Civ. P. 81(c) to preserve any right to a trial by jury.

Notice of removal must identify citizenship of parties and entity owners for diversity jurisdiction.

Source text: (f) Identification of Citizenship. If the removal is based on diversity, the notice of removal must also, to the extent possible, identify the citizenship of the parties, and, if any of the parties is a limited liability corporation (LLC), a limited liability partnership (LLP), or a partnership, identify the citizenship of the owners/partners/members of those entities to establish the court’s jurisdiction.

Bankruptcy-related removal notices must be filed with Bankruptcy Court Clerk, not District Court.

Source text: (g) Bankruptcy Cases. Parties asserting removal under 28 U.S.C. § 1452 (“Removal of claims related to bankruptcy cases”) should file their notice of removal with the Clerk of the Bankruptcy Court. A party should not file the notice with the Clerk of the District Court for the Western District of Washington.

Must file Notice of Pendency of Other Action within 5 days of learning about related federal cases.

Source text: (b) Multidistrict Litigation Whenever a party knows or learns that its pending case involves all or a material part of the same subject matter and all or substantially the same parties as another action that is pending in any other federal court, the party must file a Notice of Pendency of Other Action within five days of learning of the other action as set forth in LCR 3(g).

Rule 104 governs first habeas corpus petitions in capital cases seeking death penalty relief.

Source text: This rule shall govern the procedures for a first petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 in which petitioner seeks relief from a judgment imposing a penalty of death.

Washington Attorney General must send monthly death penalty case status reports to clerk.

Source text: The Washington Attorney General shall send to the clerk of this court a monthly report summarizing the status of each case wherein a Washington court has imposed the sentence of death.

Counsel must file notice of intent to file habeas petition with clerk and send to Washington AG Corrections Division.

Source text: Whenever counsel determines that a petition will be filed in this court, he or she shall promptly file with the clerk of this court and send to the Washington Attorney General’s Corrections Division a written notice of intention to file a petition.

Notice of intent must include petitioner name, conviction district, incarceration location, and state court status.

Source text: The notice shall state the name of the petitioner, the district in which petitioner was convicted, the place of petitioner’s incarceration, and the status of petitioner’s state court proceedings.

Counsel required for habeas petitioners unless intelligent voluntary pro se election approved by court.

Source text: Each petitioner shall be represented by counsel, unless petitioner has clearly elected to proceed pro se and the court is satisfied, after a hearing, that petitioner’s election is intelligent and voluntary.

Counsel must be appointed at earliest practicable time unless pro se or retained counsel.

Source text: Unless petitioner is proceeding pro se or is represented by retained counsel, counsel shall be appointed in every such case at the earliest practicable time.

Petitions must disclose prior relief attempts and execution dates.

Source text: All petitions (a) shall state whether petitioner has previously sought relief arising out of the same matter from this court or any other federal court, together with the ruling and reasons of such court, and (b) shall set forth any scheduled execution date.

Respondent must lodge and serve required materials within 20 days of petition service

Source text: (1) Respondent shall as soon as practicable, but in any event on or before twenty (20) days from the date of service of the finalized petition, lodge with the court and serve petitioner's lead counsel with the following:

Transcript must be prepared and provided immediately after evidentiary hearing

Source text: If an evidentiary hearing is held, the court will order the preparation of a transcript of the hearing, which is to be immediately provided to petitioner and respondent for use in briefing and argument.

All deposition attendees must identify themselves on the record at the start or when admitted

Source text: Every person attending the deposition shall be identified on the record at the commencement of the deposition or upon later entry permitted by the court reporter. Persons attending by telephone must identify themselves by name and by telephone number. Under no circumstances may persons attend the deposition virtually in any manner without identifying themselves on the record at the commencement of the deposition or when admitted later by the court reporter.

Name, address, and phone number required on each document.

Source text: You must include your name, address and phone number on each document submitted.

Parties must file written agreement using court form for Individualized Trial Program

Source text: The parties shall file a written agreement, using the court form titled “Agreement for Individualized Trial and Request for Approval” available from the Clerk’s Office and on the court’s website.

Joint Individualized Trial Statement required 7 days before conference

Source text: The parties must file a Joint Individualized Trial Statement seven (7) days before the individualized trial conference addressing all of the following topics...

Initial disclosures due within 7 days of agreement approval

Source text: If initial disclosures have not been exchanged, or if they are not yet due, the disclosures required by Fed. R. Civ. P. 26(a)(1)(A) shall be exchanged within seven (7) days after the agreement is approved by the court.

Case management order requires document exchange 15 days before pretrial conference and discovery completion within 90 days

Source text: The court shall issue a case management order following the conference. Unless otherwise ordered by the court, the order shall require the parties to exchange the documents described in Fed. R. Civ. P. 26(a)(3) no later than fifteen (15) days before the pretrial conference and shall require the parties to complete all discovery no later than ninety 90 days after the individualized trial conference.

Each party limited to one expert witness unless court permits or parties agree.

Source text: No party shall call more than one expert witness to testify, unless permitted by the court or by agreement of the parties.

Each side gets 3 hours for evidence presentation; multi-party trials divide time among plaintiffs/defendants.

Source text: Each side shall have three hours to present evidence, not including time for opening statement and time for closing argument. In multi-party trials, plaintiffs shall divide the three hours among themselves, and defendants shall divide the three hours among themselves.

Post-trial motions limited to costs/fees, clerical errors, verdict conformity, enforcement, and new trial motions.

Source text: Post-trial motions shall be limited to determination of costs and attorney’s fees, correcting a judgment for clerical error, conforming the verdict to the agreement, enforcement of judgment and motions for a new trial.

Notice of intent to move for new trial must be filed within 10 court days of verdict.

Source text: Within ten (10) court days after notice of entry of a verdict, a party may file with the clerk and serve on each adverse party a notice of intention to move for a new trial

New trial motions limited to judicial misconduct, jury misconduct, or corruption/fraud/undue means.

Source text: Grounds for motions for a new trial shall be limited to: (1) judicial misconduct that materially affected the substantial rights of a party; (2) misconduct of the jury; or (3) corruption, fraud, or other undue means employed in the proceedings of the court or jury.

Appeal requires new trial motion first; appeal only on grounds from subsection (n)(3) unless parties agree.

Source text: Before filing an appeal, a party shall make a motion for a new trial pursuant to subsection (n) of these procedures. If the motion for a new trial is denied, the party may appeal the judgment and seek a new trial only on grounds specified in subsection (n)(3). All other grounds for appeal shall be waived and are not permitted, unless the parties agree otherwise.

Verify correct court jurisdiction before filing to avoid missing statute of limitations deadlines.

Source text: Before filing a case in federal court, you first need to make sure that you are filing it in the correct court. This can be especially important if you are working with a deadline for certain statutes of limitations. Filing your case in the wrong court may affect whether or not you meet those required deadlines.

File in Seattle or Tacoma based on county of claim or defendant residence per Local Civil Rules.

Source text: Should you file your case in Tacoma or Seattle? The U.S. District Court for the Western District of Washington has courthouses in Seattle and Tacoma. Where you file your case depends on the county in which the claim arose or where the defendant(s) reside, as established by the Court’s Local Civil Rules (LCR).

All documents must be dated and signed with original signature per FRCP 11(a).

Source text: All documents must be dated and signed with an original signature, as established by FRCP 11(a).

Civil Cover Sheet is required with initial filing.

Source text: A “Civil Cover Sheet” is a document that provides the court with basic information about your case and must be filed when you submit your initial documents, as established by LCR 3(a).

Pro se litigants must provide contact information in Section 1(c).

Source text: Section 1(c): Since you are appearing pro se, write your name, address and phone number under “Attorneys.”

Must complete registration form, PACER account, and Non-Attorney Filers access to e-file

Source text: To successfully register to directly file documents in CM/ECF in this court, you must complete the following steps: 1. Complete and submit the registration form, indicating which e-filing service you are applying for. 2. Register for a PACER-Case Search Only account through pacer.gov. 3. Register for Non-Attorney Filers access through pacer.gov.

Separate registration form required for each case; case number needed before activation

Source text: A separate ECF Pro Se Registration Form must be submitted for every case that you file in this court. You are also required to have a case number before your account can be activated.

Plaintiff must personally serve summons; court does not serve unless ordered.

Source text: The original summons form will then be returned to you for execution of service on the defendant(s). The court cannot serve the defendant(s) on your behalf, except if ordered by the court.

Pro se litigants cannot serve their own documents.

Source text: You may not serve your own documents.

Proof of service must be filed for each defendant with the clerk.

Source text: You must also file proof of service for each defendant with the clerk, in accordance with rules 4(l) and (m) of Federal Rules of Civil Procedure.

Original proof of service must be filed with the court after service is completed.

Source text: Once the defendant(s) have been served, the original proof of service must be filed with the court, as established by FRCP 4(l).

All motions must include a noting date under the document title.

Source text: All motions must include a “Noting Date”. This is the date the motion will be ready for the judge’s review. The noting date must appear on the face of the motion directly under the document title, as established by LCR 7.

Oral argument requests must be clearly marked under case number and title.

Source text: To request oral argument on a motion, “Oral Argument Requested” must be written under the case number and document title. If the request for oral argument is granted, the parties will be contacted as to the date and time of argument, as established by LCR 7.

Address/phone/email changes must be reported within 10 days via written notice.

Source text: If your address, phone number or email address (if registered for electronic filing) changes, you must file a written notice within 10 (ten) days of the change, as established by LCR 10(f).

All documents must be dated and signed with an original signature per FRCP 11(a).

Source text: All documents must be dated and signed with an original signature, as established by FRCP 11(a).

New cases require a Complaint, Civil Cover Sheet, and filing fee payment or IFP application.

Source text: The following documents are required to file a new case. 1) Complaint form 2) Civil Cover Sheet 3) Payment of the filing fee ($405.00) or submittal of an Application to Proceed In Forma Pauperis – commonly referred to as an 'IFP' – requesting that the court waive the filing fee.

Pro se litigants must file a Notice of Related Cases if they have related cases in federal court involving the same defendants.

Source text: Complete this section if you currently have or have had cases in this court or other federal courts with the same defendant(s). If so, add the name of the judge and case number to the form. You are also required to file a "Notice of Related Cases," listing the case information. As the court does have a general form to use, you may create your own.

Pro se litigants must sign and date the civil cover sheet in the "Signature of Attorney of Record" box.

Source text: Because you are appearing pro se (i.e., acting as your own attorney), you must sign and date the box at the bottom of form under, "Signature of Attorney of Record."

After serving defendants, pro se litigants must file a Proof of Service document.

Source text: After summons have been issued and the defendant(s) have been "served" a copy of the complaint and accompanying documents, you must file a document called a "Proof of Service," which is on the second page of the summons form.

All motions must include a Noting Date displayed directly under the document title.

Source text: All motions must include a "Noting Date". This is the date the motion will be ready for the judge's review. The noting date must appear on the face of the motion directly under the document title, as established by LCR 7.

All counsel must follow courtroom conduct rules unless excused by Judge Fricke

Source text: When appearing in this Court, unless excused by Judge Fricke, all counsel (including any other people at counsel table), shall adhere to the following rules:

Stand when court is opened, recessed, or adjourned

Source text: Stand as Court is opened, recessed, or adjourned.

Stand when jury enters or exits in jury trials

Source text: In jury trials, stand when the jury enters or exits the courtroom.

Stand when addressing or being addressed by the Court

Source text: Stand when addressing, or being addressed by, the Court.

Stand at lectern when examining witnesses, except for handling exhibits

Source text: Stand at the lectern while examining any witness—except that counsel may approach the Courtroom Deputy's desk or the witness for purposes of handling or tendering exhibits.

Address all remarks to the Court, not opposing counsel

Source text: Address all remarks to the Court, not to opposing counsel.

Be respectful of opposing counsel, litigants, and witnesses

Source text: Be respectful of opposing counsel and the litigants and/or witnesses.

Refer to all persons by surname, not first name

Source text: Refer to all persons, including witnesses, other counsel, and parties by their surnames and not by their first or given names.

Only one attorney per party may examine/cross-examine each witness

Source text: Only one attorney for each party shall examine, or cross-examine, each witness. The attorney stating objections, if any, during direct-examination, shall be the attorney recognized for cross-examination.

Request permission before approaching the bench

Source text: Request permission before approaching the bench.

All exhibits must be handled electronically; hard copies to Courtroom Deputy if needed

Source text: All exhibits will be handled electronically. If for some reason a hard copy exhibit becomes necessary, any such hard copy that counsel wishes to have the Court examine should be handed to the Courtroom Deputy.

State only legal grounds for objections, no further comment unless requested

Source text: 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.

Pre-trial exhibit procedures: show opposing counsel exhibits in advance, get rulings before session

Source text: For any exhibits that were not stipulated as admissible or otherwise ruled admissible before trial and admitted into evidence at the start of the trial, the following steps will be taken. In advance of each trial session, counsel for the party going forward at that session should show opposing counsel the exhibits s/he intends to introduce at the session. The opponent shall indicate those exhibits to which s/he has no objection, and the Court will admit them when offered at the session. Those exhibits to which there is an objection shall be presented to the Court for ruling before the opening of the session. If possible, the Court will rule on the objection then, thereby eliminating the necessity for a sidebar conference when the exhibit is offered.

Make stipulation offers/requests privately, not in jury's hearing

Source text: Offers of, or requests for, a stipulation should be made privately, not within the hearing of the jury.

Do not face or address jurors when questioning witnesses

Source text: Do not face or otherwise appear to address yourself to jurors when questioning a witness.

Sidebar conferences presumptively not tolerated except in extraordinary circumstances

Source text: Sidebar conferences will presumptively not be tolerated, except in extraordinary and unforeseen circumstances. These conferences have a distracting effect on the jury and the parties should strive to postpone raising issues outside the jury's presence until the next recess, except when an immediate conference appears necessary.

Counsel cannot express personal knowledge or opinion in opening statements or jury argument.

Source text: In opening statements and in argument to the jury, counsel shall not express personal knowledge or opinion concerning any matter in issue.

Leave of Court required to file surreplies, limited to 5 pages if granted.

Source text: Leave of Court must be obtained to file a surreply. If leave is obtained, surreplies shall not exceed FIVE (5) pages.

Certification of meet and confer required for all non-dispositive motions.

Source text: Except for dispositive motions, motions shall contain a certification that the parties have met and conferred.

Certification must appear in first or last paragraph of motion.

Source text: The certification should be clearly visible within either the first substantive paragraph or the final paragraph of the motion.

Settlement authority must be present or available by phone.

Source text: Persons with ultimate settlement authority must be personally present or readily available by phone.

Discovery disputes must comply with Rule 37(a)(1) before filing motions

Source text: The parties are directed to not file opposed discovery motions until the parties meaningfully comply with Fed. R. Civ. P. 37(a)(1). If the parties are unable to reach an agreement on a discovery issue after conferring, they shall arrange a telephone hearing...

Discovery motions must include verbatim discovery request and objection or attach copy

Source text: In the event that the Court permits the filing of an opposed discovery motion, the motion shall contain a verbatim recitation of the discovery request and objection (if any) at issue or shall attach a copy of such.

Discovery motions require worksheet showing history of disputes

Source text: Attached is a worksheet the parties shall prepare and file along with any contested discovery motion, showing the history of the discovery disputes in the case, and describing the current dispute in sufficient detail to allow the Court to have a full understanding of context.

Discovery dispute chart must be jointly completed and filed as exhibit to motion

Source text: To assist the Court in more efficiently addressing the parties’ discovery dispute(s), the parties shall meet and confer, and jointly complete the following chart. The purpose of this chart is to succinctly state each party’s position. The fully completed chart shall be filed by the moving party as an exhibit to the motion.

Joint Pretrial Statement due 28 days before trial with specific content requirements

Source text: TWENTY-EIGHT (28) days prior to the Trial Date, the parties shall submit a Joint Pretrial Statement that addresses the matters set forth below (in the order they are listed): a. a short, concise statement of the case; b. any facts to which the parties can stipulate; c. designation of depositions and objections thereto; d. itemization of damages and a summary of other relief requested; e. a summary of any pending Motions in Limine and the opposition thereto; f. a statement concerning whether settlement negotiations have been or would be beneficial;

Witness exclusion rule in effect until closing arguments; witnesses cannot be recalled after testimony.

Source text: Witnesses: The rule on exclusion of witnesses will be in effect throughout the trial until the time of closing arguments and instructions. Other than parties and their representatives, all witnesses must remain out of the courtroom except while testifying. After completion of testimony, a witness may remain in the courtroom but cannot then be recalled.

Witnesses must not discuss testimony with other witnesses during or after trial.

Source text: Counsel shall instruct witnesses not to discuss their testimony with other witnesses, either during or after they complete their testimony.

Counsel must use exhibit notebooks and remain at podium; only approach deputy in extraordinary circumstances.

Source text: The use of an exhibit notebook should obviate the need to approach the witness. If extraordinary circumstances exist, counsel may approach the courtroom deputy who, in turn, will approach the witness. Otherwise, counsel are required to remain at the podium.

Copies of impeachment materials must be provided to witness, court, and opposing counsel.

Source text: Where counsel seeks to impeach a witness by use of that witness' prior deposition or other discovery materials, copies of the relevant document must be provided to the witness, the Court, and opposing counsel.

Expert witness resume/CV must be marked as exhibit and included in exhibit notebooks.

Source text: A proper resume or curriculum vitae, marked as an exhibit, shall be provided in the exhibit notebooks.

Original deposition transcripts must be delivered to courtroom deputy before trial.

Source text: All original deposition transcripts should be delivered to the courtroom deputy before the start of trial.

Intent to use deposition testimony must be included in Joint Pretrial Order; if objections remain, provide 2 copies to court 5 business days before Final Pretrial Conference.

Source text: The intent to utilize deposition testimony should be included in the proposed Joint Pretrial Order after counsel have conferred and narrowed any objections. If differences remain, counsel for the offering party shall provide to the Court two (2) copies of the designated transcript FIVE (5) business days prior to the Final Pretrial Conference.

Proposed findings and conclusions must not be filed before trial.

Source text: Proposed findings of fact and conclusions of law shall not be filed in advance of trial. Where necessary, the Court will order that such documents be filed at the conclusion of trial.

Parties within 100 miles must attend settlement conference in person.

Source text: Participation of parties – in person -- is likely to increase the efficiency and effectiveness of the settlement conference. Any party who resides or has a business address within 100 miles of the courthouse shall attend the conference in person with counsel.

Non-attending parties must be available by phone/email during conference.

Source text: Parties not appearing in person shall be available by phone and email (including the ability to review documents and sign) for the duration of the settlement conference.

Counsel without settlement authority may be sanctioned.

Source text: Any counsel appearing without authority to negotiate, or without the ability to readily contact the person with full and ultimate settlement authority throughout the settlement conference, may be sanctioned.

Plaintiff must make settlement demand 10 days before conference; defendant must respond within 7 days.

Source text: At least ten days prior to the conference (on or before [insert date]), the plaintiff is to have made a settlement demand. No later than one week prior to the conference [insert date], the defendant is to have responded to that demand.

Settlement memoranda must be emailed to Magistrate Judge with specific subject line, no hard copies.

Source text: The memorandum shall include the case number, case name, and should be emailed directly to Magistrate Judge Fricke, at: [insert email]. The email subject line should read: “Confidential – [name of party] v. [name of party] - , 2018 - [Plaintiff’s/Defendant’s] Settlement Position Paper.” Do not mail hard copies of the settlement memorandum to chambers.

Each party must bring electronic draft settlement agreement with options.

Source text: Each party should bring to the settlement conference an electronic copy of a draft settlement agreement, containing options for proposed essential elements of a settlement contract.

Settlement memoranda must not be filed with the Clerk or served on opposing counsel; they are confidential.

Source text: Please do not file these confidential memoranda with the Clerk's Office or serve the memoranda on opposing counsel.

Settlement memoranda must include case number and name, and be emailed directly to the Magistrate Judge.

Source text: The memorandum shall include the case number, case name, and should be emailed directly to Magistrate Judge Fricke, at: [insert email].

Parties must bring an electronic draft settlement agreement to the settlement conference.

Source text: Each party should bring to the settlement conference an electronic copy of a draft settlement agreement, containing options for proposed essential elements of a settlement contract.

Non-dispositive motions must contain a visible meet and confer certification, with at least 3 business days for conferral attempts.

Source text: Except for dispositive motions, motions shall contain a certification that the parties have met and conferred. (But see below -- for the specific meet and confer requirements that apply to motions to dismiss pursuant to Fed. R. Civ. P. 12(b)). The certification should be clearly visible within either the first substantive paragraph or the final paragraph of the motion. Parties must meaningfully confer prior to filing a motion. For example, waiting until the expiration of a deadline and contacting the opposing party, receiving no immediate response, and then filing the motion does not satisfy that duty. Parties should provide for at least three (3) business days between attempts to confer and a motion's filing and shall explain their specific efforts to comply if contact was not successfully made. Motions that do not comply may be summarily denied.

Rule 12(b) motions to dismiss must contain a certification that parties met and conferred to determine if the motion can be avoided.

Source text: A motion pursuant to Fed. R. Civ. P. 12(b) is discouraged if the defect can be cured by filing an amended pleading. Therefore, the parties must meet and confer prior to filing a motion to dismiss pursuant to Fed. R. Civ. P. 12(b) in order to determine whether it can be avoided. Consequently, such motions must contain a certification of meet and confer as set forth above in Section II (C).

Exhibits must be marked with P/D/J prefixes and numbers; groups use number-letter combinations.

Source text: Exhibits shall be marked by number (P1, P2, P3, etc., D1, D2, D3, etc., or, for Joint Exhibits, J1, J2, J3, etc.) and groups of exhibits shall be marked by number and letter (P1A, P1B, P1C, D1A, D1B, D1C, J1A, J1B, J1C, etc.).

Certification of conference required for non-dispositive motions, 3 business days between attempts and filing.

Source text: Except for dispositive motions, motions shall contain a certification that the parties have met and conferred. (But see Section II(F) infra, for conferral requirements as to motions to dismiss pursuant to Fed. R. Civ. P. 12(b).) The certification should be clearly visible within either the first substantive paragraph or the final paragraph of the motion. Parties must make a meaningful effort to confer prior to filing a motion. Parties should provide for at least three (3) business days between attempts to confer and a motion's filing and shall explain their specific efforts to comply if contact was not successfully made. Motions that do not comply may be summarily stricken or denied.

Proposed orders must be emailed in Word format with all motions.

Source text: The parties are required to email a Word version of a proposed order with all motions and stipulations to Rothsteinorders@wawd.uscourts.gov.

Discovery motions require compliance with Rule 37(a)(1) before filing.

Source text: No opposed discovery motions are to be filed with the Court until the parties meaningfully comply with Fed. R. Civ. P. 37(a)(1).

Joint pretrial statement due 28 days before trial.

Source text: TWENTY−EIGHT (28) days prior to the trial date, the parties shall submit a joint pretrial statement that addresses the matters set forth below (in the order they are listed):

Counsel with full decision-making authority must attend all court appearances.

Source text: Counsel with authority to make all decisions on behalf of the parties shall be present at all Court appearances.

Counsel must be present 30 minutes before trial each day for pretrial discussions.

Source text: On each day of trial, counsel are expected to be present at least thirty minutes prior to the start to discuss with the Court any upcoming issues.

Counsel must meet after each trial day to resolve upcoming disputes.

Source text: To ensure that the morning pretrial hearing is productive and efficient, counsel shall meet after the conclusion of each trial day and attempt to resolve or refine upcoming disputes.

Joint glossary of technical terms due 5 business days before trial; copies to courtroom deputy and court reporter.

Source text: Where necessary, counsel shall confer and prepare a joint glossary of any unusual or technical terminology. The glossary shall be submitted to chambers no later than FIVE (5) business days in advance of the start of trial. Copies shall also be provided to the courtroom deputy and court reporter on the first day of trial.

Trial briefs not allowed unless court orders otherwise.

Source text: No trial briefs are allowed unless specifically ordered by the Court.

Exhibit list must be emailed to courtroom deputy in Word format

Source text: A Word version of the exhibit list must be emailed to the courtroom deputy, Natalie Wood, at natalie_wood@wawd.uscourts.gov.

Witness list must be emailed to courtroom deputy in Word format

Source text: A Word version of the witness list must be emailed to the courtroom deputy, Natalie Wood, at natalie_wood@wawd.uscourts.gov.

Witness sequestration rule - witnesses excluded except while testifying

Source text: Other than parties and their representatives, all witnesses must remain out of the courtroom except while testifying. After completion of a witness's testimony, that witness may remain in the courtroom but cannot then be recalled.

Witnesses must not discuss testimony with other witnesses

Source text: Counsel shall instruct witnesses not to discuss their testimony with other witnesses, either during or after they complete their testimony.

Witnesses put on call at peril of calling party - no recesses for unavailable witnesses except extraordinary circumstances

Source text: Once the trial begins, witnesses will be put on call at the peril of the calling party; in other words, the trial will not be recessed because a witness is unavailable except in extraordinary circumstances.

Expert witness resumes/CVs must be provided in exhibit notebooks

Source text: A proper resume or curriculum vitae, marked as an exhibit, shall be provided in the exhibit notebooks.

Intent to use deposition testimony must be included in joint pretrial statement

Source text: The intent to utilize deposition testimony should be included in the joint pretrial statement after counsel have conferred and narrowed any objections.

Disputed deposition transcripts must be provided to court 5 business days before pretrial conference with highlighted designations

Source text: If differences remain, counsel for the offering party shall provide to the Court two (2) copies of the designated transcript FIVE (5) business days prior to the pretrial conference, each with plaintiff's designations highlighted in yellow and defendant's designations highlighted in blue and objections noted.

Person must be provided to read designated deposition transcript portions in jury trials

Source text: Counsel offering the deposition testimony is required to provide a person to read the designated portions of the transcript.

Intent to use videotaped deposition testimony must be included in joint pretrial statement

Source text: The intent to utilize videotaped deposition testimony should be included in the joint pretrial statement after counsel have conferred and narrowed any objections.

Speaking objections in presence of jury are not permitted

Source text: "Speaking objections" in the presence of the jury will not be permitted.

Objections must be made standing using shorthand phrases

Source text: Counsel must stand when raising objections and limit the objections to shorthand phrases such as "hearsay," "lack of foundation," "asked and answered," etc.

Joint voir dire, jury instructions, and verdict forms due 28 days before trial.

Source text: Proposed joint voir dire, proposed joint jury instructions, and verdict forms shall be filed TWENTY−EIGHT (28) days prior to the trial date as part of the joint pretrial statement. (See Section VI supra.)

Stipulated motions must be filed under the specific category “stipulated motion”.

Source text: Stipulated motions should be filed as a “stipulated motion” rather than a “stipulation,” “agreed motion,” or “unopposed motion.”

Proposed order required with stipulated motions; Word version must be emailed to settleorders.

Source text: When filing stipulations, include a proposed order for the Judge to sign and send a Word version of the order to settleorders@wawd.uscourts.gov.

Exhibits must be submitted to the Court before the trial date.

Source text: Exhibits must be presented to the Court prior to the trial date.

Exhibits must follow the Court’s specified numbering format.

Source text: Exhibits must be numbered as follows:

Plaintiff gets 6 peremptory challenges, defense gets 10.

Source text: The plaintiff will normally have six challenges, and the defense will have ten.

Revised exhibit or witness lists must be filed with the court

Source text: If the exhibit or witness list is revised at any time after it is filed with the court, counsel shall file a revised list with the court.

Original and one copy of exhibits/depositions must be delivered to In-Court Clerk one day before trial

Source text: The original and one copy of the exhibits/depositions are to be delivered to the In-Court Clerk one day before the start of the trial.

Motions for default judgment must provide sufficient information for the court to enter judgment.

Source text: Judge Robart will deny motions for default judgment that do not provide sufficient information for the court to enter judgment.

Motions for default judgment must comply with Local Rule CR 55.

Source text: Plaintiffs shall comply with Local Rules W.D. Wash. CR 55.

A declaration must accompany motions for default judgment.

Source text: Plaintiffs shall support a motion for default judgment with a declaration.

Motions for default judgment must separately state principal claim, liquidated damages, pre/post-judgment interest, and attorney’s fees.

Source text: Plaintiffs shall separately state the amounts owing on the principal claim, liquidated damages (if applicable), pre- and postjudgment interest on the principal claim (if applicable), and reasonable attorney’s fees (if applicable).

Motions for default judgment must include a concise explanation of how all amounts were calculated.

Source text: Plaintiffs shall provide a concise explanation of how all amounts were calculated. If the court is not certain about how a particular amount was calculated, the court will not award that amount.

Motions for default judgment must provide evidence establishing the principal claim amount, including contract portions if applicable.

Source text: Plaintiffs shall provide evidence establishing the amount of the principal claim. If the claim is based on one or more contracts, the relevant portion(s) of the contract(s) shall be attached to the declaration. If further information is required to determine the amount of the principal claim (e.g., the number of hours worked under an employment contract), Plaintiffs shall provide that information.

Motions for default judgment seeking liquidated damages must provide evidence of entitlement and amount.

Source text: If Plaintiffs seek liquidated damages, Plaintiffs shall provide evidence establishing an entitlement to liquidated damages and any other information needed to determine the amount of liquidated damages.

Motions for default judgment must state interest rate and reasons if using a rate other than 28 U.S.C. § 1961.

Source text: If an interest rate other than that provided by 28 U.S.C. § 1961 applies, Plaintiffs shall state the rate and the reasons for applying it.

Motions for default judgment must state prejudgment interest accrual date and basis.

Source text: For prejudgment interest, Plaintiffs shall state the date on which prejudgment interest began to accrue and the basis for selecting that date.

Motions for default judgment seeking attorney’s fees must state basis and include counsel’s declaration.

Source text: If Plaintiffs seek attorney’s fees, Plaintiffs must state the basis for attorney’s fees and must include a declaration from Plaintiffs’ counsel establishing the reasonable amount of fees to be awarded.

Counsel must comply with all procedures in Local Rule 51.

Source text: Counsel are required to review and comply with all procedures set forth in Local Rule 51.

Proposed order required with any motion requiring Court's signature.

Source text: Under Local Rule 7(b)(1), any motion requiring the signature of the Court must be presented along with a proposed order.

Speedy trial waiver (30+ days) required with trial continuance motions.

Source text: All motions to continue the trial date shall be accompanied by a waiver of speedy trial at least 30 days beyond the proposed new trial date.

Motions in limine in trial briefs will be stricken if they could have been filed earlier.

Source text: MOTIONS IN LIMINE CONTAINED IN A TRIAL BRIEF THAT COULD HAVE BEEN BROUGHT BY THE PRETRIAL MOTIONS DEADLINE WILL BE STRICKEN.

Email exhibit and witness lists in Word format to Courtroom Deputy before trial.

Source text: Please email the Courtroom Deputy the exhibit and witness lists in Word format prior to the start of trial. That email address is tyler_campbell@wawd.uscourts.gov.

CD of electronic exhibits must be brought to court on first day of trial.

Source text: You may bring the CD of electronic exhibits with you on the first day of trial, or as otherwise discussed.

Motions in limine in trial briefs will be struck if filed after deadline.

Source text: The Court will strike any motions in limine presented in a trial brief that could have been addressed by the motions in limine deadline.

Time limits for attorney-led voir dire will be set at pretrial conference; Court will cut off repetitive/irrelevant questioning.

Source text: The Court will establish time limits for attorney-led voir dire at the pretrial conference, but regardless of time, the Court will instruct counsel to move on with the examination if questioning becomes too repetitive or irrelevant, or if counsel tries to argue the merits of the case. The time limit for attorney-led voir dire will apply to each side, not party.

Trial will not be delayed for technical difficulties except in extraordinary circumstances.

Source text: Absent extraordinary circumstances, trial will not be delayed because of technical difficulties.

Failure to promptly notify court of settlement may result in sanctions under LCR 11(b).

Source text: Attorneys who fail to give the Court prompt notice of settlement may be subject to sanctions or discipline under LCR 11(b).

Maintain minimum time between deadlines as shown in scheduling template.

Source text: In proposing new deadlines, the parties should endeavor to provide at least as much time between deadlines as shown in the scheduling template in Section I. Judge King will not decrease the amount of time between the summary judgment motion noting date and the trial date, or between the motion in limine noting date and the trial date, unless the parties set forth an extraordinary basis for doing so.

Court will not award fees for correcting mistakes in default judgment motions.

Source text: The Court urges movants to take care to sufficiently address all relevant information; it will not award fees incurred correcting mistakes. See Stephens v. Marino, White, O'Farrell & Gonzalez, No. C10-5820BHS, 2011 WL 4747920, at *4 (W.D. Wash. Oct. 7, 2011); Johnson v. Peter, No. C21-1602-LK, 2023 WL 22021, at *8 (W.D. Wash. Jan. 3, 2023).

Revised exhibit lists must include redlined version showing changes.

Source text: If the exhibit list, pretrial order, or witness list is revised at any time after it is filed with the Court, counsel must file a revised exhibit list with the Court and provide the Courtroom Deputy with a redlined version indicating the changes.

Additional trial exhibits require extra copies for opposing counsel and Court.

Source text: If additional exhibits are marked in the course of trial (for example, for impeachment purposes), counsel must provide extra copies of the exhibits for opposing counsel and for the Court.

Clean and red-lined copies required for proposed changes to voir dire questions.

Source text: If the Parties suggest changes to the Court’s general voir dire questions, they should also submit both clean and red-lined copies indicating any changes, deletions, or additions to those questions.

Non-compliance with procedures may result in sanctions.

Source text: Failure to comply with the procedures set forth in this Order may result in sanctions.

Failure to comply with procedures may result in sanctions.

Source text: Failure to comply with the procedures set forth in this Order may result in sanctions.

Losing party in discovery motion may be sanctioned.

Source text: If the Court must resolve the discovery dispute by motion, the losing Party may be sanctioned.

Timely notice required for settled jury trials; failure may result in jury expense assessment.

Source text: Parties shall refer to Local Civil Rule 39(d) where cases scheduled for jury trial are settled (or agreed to be tried without a jury) for the requirements of providing timely notice. Failure to provide timely notice may result in the assessment of jury expenses to the Parties.

Trial will not be delayed for technology difficulties except in extraordinary circumstances.

Source text: Absent extraordinary circumstances, trial will not be delayed due to difficulties with the technology.

Non-compliance with procedures may result in sanctions.

Source text: Failure to comply with the procedures set forth in this Order may result in sanctions.

Counsel cannot ask questions rejected by the Court during voir dire.

Source text: Counsel shall not ask any questions submitted to and rejected by the Court.

Trial will not be delayed for technology difficulties except in extraordinary circumstances.

Source text: Absent extraordinary circumstances, trial will not be delayed due to difficulties with the technology.

Failure to designate objections constitutes waiver even if previously stated.

Source text: A failure to designate objections as set forth above shall constitute a waiver, even if the objection was previously stated at the deposition.

In extraordinary circumstances, counsel may approach courtroom deputy to approach witness.

Source text: If extraordinary circumstances exist, Counsel may approach the Courtroom Deputy who, in turn, will approach the witness.

Failure to provide timely notice of settlement may result in jury expense assessment.

Source text: Parties shall refer to Local Civil Rule 39(d) where cases scheduled for jury trial are settled (or agreed to be tried without a jury) for the requirements of providing timely notice. Failure to provide timely notice may result in the assessment of jury expenses to the Parties. See LCR 39(d).

Counsel responsible for retrieving exhibits after trial; Courtroom Deputy not responsible

Source text: At the end of trial, counsel should make sure they have all of their exhibits. The Courtroom Deputy is not responsible for them.

Organize and prepare documents electronically before witness examination

Source text: If you intend to question a witness about a group of documents, avoid delay by having all the documents organized and electronically ready to use, when you start examination.

US Marshals Service is relieved from civil process serving for private litigants.

Source text: Except as provided for in the Federal Rules of Civil Procedure or other federal statute, the United States Marshals Service is relieved from any and all civil process serving responsibilities within this district on behalf of private litigants.

Rule 26 disclosures, discovery, and expert reports must not be filed unless used in proceedings or ordered by court.

Source text: Rule 26 initial disclosures and discovery requests and responses must not be filed unless they are used in the proceedings or the court orders filing. Nor should expert witness reports be filed unless ordered by the court or unless a report is being submitted for use in the proceedings.

Attorneys/parties must notify Clerk's Office within 10 days of address/phone/email changes; subsequent filings must reflect updates.

Source text: (f) Name and Address of Parties and Attorneys Any attorney representing any party or any party not represented by an attorney must file a notice with the court of any change in address, telephone number or email address. Such notice must be received by the Clerk’s Office within ten days of the change. All subsequent pleadings, motions or other filings shall reflect the new address, telephone number, and email. The address, telephone number, and email of the party or its attorney, noted on the first pleadings, motions or other filings or as changed by individual notice, shall be conclusively taken as the last known address and telephone number of said party or attorney.

Stipulated motions must follow LCR 7(d)(1); must state reasons for schedule changes; rarely necessary and disfavored; binding only if adopted by court order.

Source text: (g) Stipulated Motions If the parties seek a court order related to their stipulation, they should file a stipulated motion pursuant to LCR 7(d)(1). If a stipulated motion would alter dates or schedules previously set by the court, the parties shall clearly state the reasons justifying the proposed change. Such stipulated motions should rarely be necessary, and are disfavored by the court. Stipulations and stipulated motions shall be binding on the court only if adopted by the court through an order. An order based upon a stipulation shall be sufficient if the words “It is so ordered,” or their equivalent, are endorsed on the stipulation at the close thereof and if this endorsement is signed by the court.

Requests for relief should not be included in joint status report.

Source text: Parties should not include requests for relief from the court in the joint status report, and the court typically will not rule on such requests. Rather, requests for relief should be contained in a stipulated motion, where feasible, or in a motion.

Stipulated protective orders must meet specific criteria and use model order.

Source text: (2) Parties may file a proposed stipulated protective order to protect confidential, proprietary, or private information that warrants special protection. The court may enter a proposed stipulated protective order as an order of the court if it adequately and specifically describes the justification for such an order, it is consistent with court rules, it does not purport to confer blanket protection on all disclosures or responses to discovery, its protection from public disclosure and use extends only to the limited information or items that are entitled to confidential treatment under the applicable legal principles, and it does not presumptively entitle the parties to file confidential information under seal. Parties are encouraged to use this district’s model protective order, available on the court’s website. Parties that wish to depart from the model order must provide the court with a redlined version identifying departures from the model.

Failure to cooperate in discovery planning may result in additional discussions and sanctions.

Source text: (5) If the court determines that any counsel or party in a case has failed to cooperate and participate in good faith in the discovery planning process, the court may require additional discussions prior to the commencement of discovery, and may impose sanctions, if appropriate.

Declarations may be submitted but cannot contain argument; failure to justify fees waives fee request.

Source text: (F) Each party may submit declarations for the purpose of attaching documents to be considered in connection with the submission and to provide sufficient information to permit the court to assess expenses and sanctions, if appropriate. If a party fails to include information sufficient to justify an award of fees, it shall be presumed that any request for fees has been waived. A declaration shall not contain any argument.

No pressure or prejudice for refusing arbitration consent.

Source text: No party or attorney shall be pressured to consent to arbitration, or prejudiced in any way for refusing consent.

Attorneys of record responsible for trial readiness and must advise clerk when requested.

Source text: Responsibility for the appearance of attorneys, parties and witnesses in court in readiness for trial is on the attorneys of record and is not on the clerk. Attorneys of record shall advise the clerk, upon request, regarding their readiness for trial, probable duration of trial, and such other matters within their knowledge as may facilitate the performance of the clerk’s duties and the prompt trial of causes.

Failure to file costs motion waives all non-statutory costs.

Source text: If the party in whose favor judgment is rendered fails to file a motion for costs, all costs, other than statutory costs, shall be deemed to be waived.

Clerk won't tax costs beyond statutory limits without court motion.

Source text: The clerk typically will not tax costs beyond those set forth in the statutes listed above. A party seeking additional costs may file a motion, directed to the court, seeking an award of the excess costs.

Attorney's fees motion must be separate from costs motion.

Source text: A motion for attorney’s fees should not be included in the motion for costs to the clerk but should be directed to the court pursuant to Fed. R. Civ. P. 54(d), which sets forth requirements for the timing and contents of the motion.

Criminal cases under bail reform act may approve bonds with sureties outside standard requirements.

Source text: In criminal cases where conditions of release have been set under the bail reform act, a bond with sureties other than as set out in paragraph (a) of this rule may be approved by a judicial officer.

Conditional admission is revoked if attorney ceases federal agency employment.

Source text: The right of such an attorney to practice before this court is conditioned upon his or her continuing to be so employed. If a conditionally admitted attorney ceases to be employed as an attorney for the United States or one of its agencies, the conditional admission will be revoked and the attorney must file a petition for admission as set forth in LCR 83.1(c)(1) and pay the applicable fee.

Failure to file bankruptcy notice may result in sanctions.

Source text: The court may impose sanctions on one or more parties that fail to file the required Notice.

Legal interns cannot receive payment directly from clients.

Source text: No legal intern may receive payment from a client for the intern’s services. However, nothing contained herein shall prevent a legal intern from being paid for services by the intern’s employer or to prevent the employer from making such charges for the service of the legal intern as may otherwise be proper.

Supervising lawyers limited to one intern, with exceptions for public defenders/US Attorneys (2) and clinical courses (10).

Source text: As a general rule, no supervising lawyer shall have supervision over more than one legal intern at any one time. However, in the case of (i) the Federal Public Defender or the U.S. Attorney, the supervising lawyer may have supervision over two legal interns at one time, or (ii) a clinical course offered by an approved law school where such course has been approved by its dean and is directed by a member of its faculty, each full-time clinical supervising lawyer may have supervision over ten legal interns at one time.

Filing fee required for prisoner complaints unless proceeding in forma pauperis or filing 2255 motion.

Source text: The complaint shall be accompanied by the appropriate filing fee. No filing fee is required for motions filed pursuant to 28 U.S.C. § 2255 or for applications to proceed in forma pauperis.

Petitioner must notify court in writing if respondent fails to comply with material lodging requirements

Source text: (2) If counsel for petitioner claims that respondent has not complied with the requirements of paragraph (1), counsel for petitioner shall immediately notify the court in writing, with a copy to respondent.

Family law and landlord-tenant cases belong in state court, not federal court.

Source text: Is your case about a divorce, child custody, adoption, name change, landlord-tenant dispute, or a will? If so, you are likely in the wrong court. State courts generally hear family law matters and landlord-tenant disputes.

IFP form must be completed fully.

Source text: It is very important to fill out the form completely as the judge will use this information to determine if you have the financial ability to pay the filing fee.

Default judgment may be entered under FRCP 55(a)(b) if defendant fails to answer.

Source text: If a defendant does not file an answer within the timeframe required by law, the court may enter an order of default and default judgment, as established by FRCP 55(a)(b).

Party must pay court reporter fees for depositions.

Source text: You are solely responsible for the payment of fees associated with the services of a court reporter.

All future filings must include updated contact information.

Source text: All subsequent pleadings, motions, or other filings must reflect the new contact information.

Filers must save or print the Notice of Electronic Filing (NEF).

Source text: You must save or print the notice.

COVID exception: counsel may examine witnesses seated at counsel table

Source text: COVID PROTOCOL EXCEPTIONS: Counsel may choose to examine witnesses while seated at counsel's table rather than at the lectern. Counsel should endeavor to publish evidence electronically as often as possible to minimize hand-to-hand transfers.

COVID protocol: provide electronic copies of evidence in advance of trial

Source text: COVID PROTOCOL: Counsel should provide electronic copies of all evidence to be offered in advance of trial.

Organize and prepare documents electronically before witness examination

Source text: If you intend to question a witness about a group of documents, avoid delay by having all the documents organized and electronically ready to use, when you start examination.

COVID protocol: conduct necessary sidebar conferences in courtroom after jury recess

Source text: COVID PROTOCOL: If a sidebar conference is necessary, the Court will conduct any such conference in the Courtroom after giving the jury a recess

Noncompliant discovery motions may be denied or stricken

Source text: Noncompliant motions may be summarily denied or stricken.

Unreasonable delay in discovery may result in sanctions

Source text: Because the Court expects that the parties should contact it only as a last resort, counsel found to be unreasonably delaying discovery may be sanctioned.

Discovery disputes must be raised timely or ability to challenge may be waived

Source text: Discovery disputes shall be raised in a timely manner so as to allow discovery to be completed within the discovery deadline. The failure to do so may waive a party's ability to challenge the discovery behavior.

Witnesses called at peril of calling party; trial not recessed for unavailable witnesses except in extraordinary circumstances.

Source text: Once the trial begins, witnesses will be put on call at the peril of the calling party. The trial will not be recessed because a witness is unavailable except in extraordinary circumstances.

Expert qualification questions must be brief in jury trials.

Source text: Questions intended to qualify the witness as an expert shall be brief.

Defense counsel must provide new documentation to plaintiff's counsel at least one week before the settlement conference.

Source text: Defense counsel should allow enough time to speak to their decision makers about the information and authority, and are expected to provide any new documentation to plaintiff's counsel at least one week before the settlement conference.

Frequent or protracted bench conferences are discouraged

Source text: However, frequent or protracted bench conferences are discouraged.

Courtroom decorum requirements: rise to address court, remain at podium, direct statements to court.

Source text: Counsel and pro se parties shall observe appropriate courtroom decorum, including that they shall rise to address the Court and remain at the podium unless granted permission to approach the bench or a witness. When not addressing a witness, or during opening and closing statements to the jury, counsel and pro se parties shall direct all statements to the Court.

Waiver requests for witness sequestration must be discussed with opposing counsel first

Source text: 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.

Expert qualification questions must be brief

Source text: Questions intended to qualify the witness as an expert shall be brief.

Disputes over videotaped deposition testimony should be summarized in joint pretrial statement

Source text: If differences remain, the dispute(s) should be summarized in the joint pretrial statement and the matter will be addressed at the pretrial conference.

Additional objection discussion requires request to approach bench

Source text: If additional discussion is needed, counsel must request to approach the bench.

The Word exhibit list should use the specified numbering convention.

Source text: Exhibits should be numbered as follows on the Word list:

Duplicated documents cannot be listed twice on exhibit list

Source text: Duplicated documents shall not be listed twice on the exhibit list.

Each side has limited time for voir dire questioning.

Source text: Counsel for each side may ask questions of the whole panel, of individual jurors, or both. Each side (not party) is limited to time limits agreed upon with the court in advance.

Multi-defendant cases require consultation before filing motions.

Source text: In multi-defendant cases, prior to filing any motion, counsel are directed to consult with counsel for all codefendants to determine whether the motion can either be stipulated to or jointly brought.

Stipulated motions must be filed as “Stipulated Motion” not “Stipulation” and may not be decided on filing date.

Source text: Stipulated motions should be filed as a “Stipulated Motion” rather than just as a “Stipulation.” While stipulated motions may be noted for the day they are filed, parties should not expect them to be considered on the noting date.

Stipulated exhibits are not admitted until court formally admits them on record; typically require showing to jury.

Source text: Exhibits to which counsel has stipulated to admissibility are not admitted until the court formally admits the exhibits on the record. The court will typically not admit exhibits unless they have been or will be shown or described to the jury in open court.

Technology training required before trial; trial won’t be delayed for tech difficulties.

Source text: If the courtroom technology will be used at trial, counsel and the pro se parties are responsible for participating in the training program offered by the Court prior to the commencement of trial. Training can be requested through the Court’s website. Absent extraordinary circumstances, trial will not be delayed due to difficulties with the technology.

Technology training required for unfamiliar counsel/support staff before trial.

Source text: Technology training is available and must be attended prior to trial if counsel or support staff are not familiar with the courtroom technology/presentation process.

Trial runs Mon-Fri, may be shortened on Thursdays due to 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.

Courtroom opens 8:15 AM, pretrial matters by 8:30 AM, trial 9:00 AM-4:15 PM.

Source text: The courtroom is open to the parties starting at around 8:15 a.m. each day. Counsel should be ready and available to address pretrial matters, if any, by 8:30 a.m. Trial will begin promptly at 9:00 a.m. and end each day at 4:15 p.m.

15-min recesses at 10:30 AM and 2:45 PM, lunch 12:00-1:30 PM, counsel available by 1:15 PM.

Source text: 15-minute recesses will be taken at 10:30 a.m. and 2:45 p.m. And a lunch recess will be taken from 12:00 to 1:30 p.m., although counsel should be ready and available to address any trial matters that need to be discussed outside the presence of the jury, if any, by 1:15 p.m.

Jury consists of 12 members plus 1-2 alternates, selected randomly before deliberations.

Source text: The jury will consist of 12 members, with one or two alternates unless more are warranted by the circumstances. The alternates will be randomly selected at the end of the case, just before deliberations.

Court uses screening questions (yes/no) to identify hardships/conflicts; questions on court web page.

Source text: The Court will examine the prospective jurors using 'screening' questions to identify hardships and conflicts. (Judge Whitehead's standard screening questions can be found on his court web page). These questions can generally be answered with a 'yes' or 'no' response.

Cellphones allowed in courtroom but must be turned off during court sessions.

Source text: Cellphones are allowed inside Judge Whitehead’s courtroom, but they must be turned off when court is in session.

Court will follow Ninth Circuit Model or Washington Pattern Jury Instructions.

Source text: The Court will usually follow the current version of the Manual of Model Jury Instructions for the Ninth Circuit or the Washington Pattern Jury Instructions—Civil, where appropriate.

Judge Whitehead uses specific Ninth Circuit Model Civil Jury Instructions for preliminary instructions.

Source text: Judge Whitehead's standard preliminary jury instructions include Ninth Circuit Model Civil Jury Instruction Nos. 1.3, 1.5, 1.6 or 1.7 (when applicable), 1.9, 1.10, 1.11, 1.12, 1.13, 1.14, 1.15, 1.16, 1.17, 1.18, 1.20, and 1.21.

Training on courtroom equipment is strongly encouraged and parties' responsibility.

Source text: Training on the built-in courtroom equipment is strongly encouraged, and it is the parties’ responsibility to participate in training sufficiently before the start of trial, if needed.

Parties must meet and confer on disputed deposition designations before submitting to court.

Source text: The parties must meet and confer about any disputed deposition designations before submitting them to the Court for a ruling.

For jury trials, offering party must provide reader for deposition testimony unless video is used.

Source text: For jury trials, unless a video deposition is presented, the party offering deposition testimony must provide a person to read the answers from the witness stand.

All argument and witness questioning must occur from courtroom lectern; do not approach jury or witness without permission.

Source text: All argument and witness questioning should occur from the courtroom lectern. Do not approach the jury or a witness without permission.

Court invites parties to share honorifics/pronouns for respectful addressing.

Source text: The Court invites parties and counsel to share their honorifics or pronouns—such as Ms., Mx., or Mr.—so that the Court may address them respectfully.

Disable digital assistant voice features on laptops/tablets to prevent courtroom interruptions.

Source text: If your laptop or tablet features a digital assistant (e.g., Siri), be sure to disable the voice-prompt or always-listening feature to avoid accidental courtroom interruptions.

Be on time, stand when speaking, address remarks to Court, be professional/ethical/courteous to staff.

Source text: Finally, be on time; if you’re able, stand when speaking; address all remarks to the Court, not opposing counsel; be professional and ethical; be courteous and respectful to courtroom staff at all times.

Pro se parties are exempt from joint brief requirement for motions in limine and file under LCR 7(d).

Source text: Matters where a party is proceeding pro se are exempted from this procedure. In those cases, parties shall file motions in limine according to the briefing schedule set forth in Local Rules W.D. Wash. LCR 7(d).

Patent cases have specific scheduling requirements.

Source text: A. Scheduling

Table of Authorities is not required for any filings.

Source text: A. Table of Authorities is Not Required

Unpublished cases may be cited with proper disclosure.

Source text: E. Unpublished Cases

Specific procedures for civil jury impanelment.

Source text: B. Civil Jury Impanelment Procedures

Court provides general voir dire questions.

Source text: C. The Court's General Voir Dire Questions

Patent cases may require tutorial, neutral expert, or claim construction hearing.

Source text: B. Tutorial and/or Court-Appointed Neutral Expert and Claim Construction Hearing