Western District of Washington Document Filing Requirements

Applies to

Petition

Petitions by ECF filers must include debtor's signature; missing signature may result in dismissal within 1 business day.

A petition filed by a registered ECF filer must include the signature of the debtor (and joint debtor if applicable) in accordance with Local Bankruptcy Rule 5005-1(c)(1) or be subject to dismissal within 1 business day, without further notice, as to the debtor whose signature is not provided.

Applies to

Petition

Petitions by unrepresented individuals must include debtor's signature; missing signature results in rejection or 7-day deficiency notice for joint petitions.

A petition submitted for filing by an unrepresented individual must include the signature of the debtor (and joint debtor if applicable) in accordance with Local Bankruptcy Rule 5005-1(c)(2) or be subject to rejection by the clerk of court and returned to the debtor with no bankruptcy case opened. Joint petitions filed without the signature of a joint debtor will be issued a 7-day deficiency notice to provide the missing signature.

Applies to

Petition

Debtor must file a verified statement of social security number or taxpayer identification number with the petition.

A debtor shall file or submit with the voluntary petition a verified statement setting out the debtor’s social security number, taxpayer identification number, or a statement that the debtor does not have a social security number or taxpayer identification number.

Applies to

List of creditors

Debtor must file a list of creditors within 7 days of petition filing.

A debtor in a voluntary case shall file or submit a list of creditors in the format required by the office of the clerk of court, containing the names and addresses of each entity included or to be included on Schedules D, E/F, G and H, as required by 11 U.S.C. § 521(a)(1)(A) and Fed. R. Bankr. P. 1007(a)(1), no later than 7 days from the date of the filing of the petition.

Applies to

Schedules and statements

Debtor must file schedules and statements with the petition; failure may result in dismissal after 15 days' notice.

A debtor in a voluntary case shall file or submit with the petition the items required by Fed. R. Bankr. P. 1007(b) and 11 U.S.C. ... Failure to file or submit these schedules and statements may result in dismissal of the debtor’s case, provided that the docket shows that the debtor was given 15 days' notice of this provision.

Applies to

Motion

Motion after denial must include explanation of need and certification of prior continuance request.

If the request for a continued hearing or alternate appearance is denied by the trustee or United States Trustee, the debtor may file a motion seeking court approval of the continuance or alternate appearance. Any motion must contain an explanation of the need for the modification and a certification that the debtor sought a continuance from the trustee or United States Trustee under paragraphs (b)(1) and (b)(2) of this Rule.

Applies to

Fee application

Must include

proposed order

Fee applications must use Local Form 13-9, include an itemized time record, attach a proposed order (Local Form 13-10), and be served on the debtor and trustee.

All applications shall conform to Local Bankruptcy Form 13-9. All applications for compensation for services and for reimbursement of necessary costs and expenses shall be served on the debtor and the chapter 13 trustee. A notice of hearing on the application shall be served on the debtor, the chapter 13 trustee, and all creditors holding allowed claims. The application shall include an itemized time record that identifies the date the service was rendered, the identity of the person who performed the service and the hourly rate of the person, a detailed description of the service rendered and the time spent performing the service, and the total number of hours spent and the total compensation requested. A copy of a proposed order approving the application shall be attached to the application as a separate document and the order shall conform to Local Bankruptcy Form 13-10.

Applies to

Rights and responsibilities disclosure

Attorneys must provide the Rights and Responsibilities Disclosure to chapter 13 debtors, signed by debtor and attorney; non-compliance may result in fee denial or disgorgement.

Attorneys representing debtors in chapter 13 cases shall provide debtors with a copy of Local Bankruptcy Form 13-5 entitled “Rights and Responsibilities of Chapter 13 Debtors and Their Attorney” (“Rights and Responsibilities Disclosure”). The Rights and Responsibilities Disclosure shall be signed by each debtor, certifying receipt, and by the debtor’s attorney. Failure to provide a copy of the Rights & Responsibilities Disclosure may result in denial or disgorgement of attorney fees.

Applies to

Motion to withdraw

Withdrawal motions or stipulations must include client contact info (or certification of unsuccessful efforts), a statement that no deadlines are automatically continued, and a certification about pro se restrictions for non-individual clients.

Any motion or stipulation filed pursuant to subsection (b) must contain: (1) the client’s mailing address, telephone number and email address or a certification by the attorney that the attorney made all reasonable efforts to obtain the contact information of the client without success, (2) a statement that no deadlines, hearings or trials will be automatically continued as a result of the attorney’s withdrawal, and (3) if the client is not an individual, a certification by the attorney that the attorney has notified the client that the client may not appear or file pleadings pro se.

Applies to

Chapter 13 plan

Chapter 13 plans must use Local Bankruptcy Form 13-4, with all blanks completed and signed by debtor and attorney.

All plans shall conform to Local Bankruptcy Form 13-4. All appropriate blanks on the form shall be completed. The debtor and the debtor’s attorney (if represented by counsel) shall sign and date where indicated.

Applies to

Plan

Debtor must complete Section IV.C. of the plan with specific formatting for collateral and monthly payment lines.

complete Section IV.C. of the plan and include both "See X" on the line titled "Collateral" before describing the collateral and the proposed monthly payment on the line titled "Monthly Payment" (if the plan completely strips the lien, the monthly payment will be $0);

Applies to

Plan

Debtor must include specific language in Section X of the plan regarding valuation of secured claim.

include the following language in Section X of the plan: "____________[creditor] holds a security interest or lien against ___________[collateral]. The value of the collateral is $_________. The claims of other creditors holding higher priority security interests or liens against the collateral total $________. Accordingly, the amount of _________[creditor's] secured claim is $___________[collateral value minus total amount of higher priority secured claims]. The balance of ________[creditor's] claim is an unsecured claim. The monthly payment on the secured claim under the plan is $_______. The final avoidance and/or determination of the secured status of a creditor’s lien in this plan is contingent upon the debtor’s completion of the plan. If this case is converted to another chapter of the Bankruptcy Code or if this case is dismissed, the relevant provisions of 11 U.S.C. §§ 348 and 349 control the validity of the lien avoidance and/or determination."

Applies to

Plan

Debtor must file supporting evidence (e.g., declaration) with the plan for valuation assertions.

file, with the plan, evidence (e.g. a declaration) supporting the debtor's factual assertions regarding the value of the collateral and the amount of the relevant liens;

Applies to

Proof of service

Must include

certificate of service

Debtor must file a proof of service with the plan showing compliance with the service requirement.

file, with the plan, a proof of service showing compliance with subsection (f)(4).

Applies to

Plan

Debtor must complete Section IV.C. of the plan with specific formatting for collateral and monthly payment lines for lien avoidance.

complete Section IV.C. of the plan and include both "See X" on the line titled "Collateral" before describing the collateral and the proposed monthly payment on the line titled "Monthly Payment" (if the plan completely avoids the lien, the monthly payment will be $0);

Applies to

Plan

Debtor must include specific language in Section X of the plan regarding avoidance of judicial lien or security interest.

include the following language in Section X of the plan: "____________[creditor] holds a judicial lien or security interest avoidable under 11 U.S.C. § 522(f) against ___________[collateral]. The value of the collateral is $_________. The claims of other creditors holding higher priority security interests or liens against the collateral total $________. The Debtor is entitled to an exemption under 11 U.S.C. § 522(b) of $_______. Accordingly, the amount of _________[creditor's] secured claim is $___________[collateral value minus total amount of higher priority secured claims minus the Debtor’s exemption]. The balance of ________[creditor's] claim is an unsecured claim. The monthly payment on the secured claim under the plan is $______."

Applies to

Plan

Debtor must file supporting evidence (e.g., declaration) with the plan for avoidance assertions.

file, with the plan, evidence (e.g. a declaration) supporting the debtor's factual assertions regarding the value of the collateral, the amount of the debtor’s exemption and the amount of relevant liens;

Applies to

Proof of service

Must include

certificate of service

Debtor must file a proof of service with the plan showing compliance with the service requirement for lien avoidance.

file, with the plan, a proof of service showing compliance with subsection (g)(4).

Applies to

Chapter 13 information sheet

Debtor must submit a complete Chapter 13 Information Sheet to the trustee at the time of petition filing.

At the time the petition is filed, the debtor shall submit to the trustee a complete Chapter 13 Information Sheet (Local Bankruptcy Form 13-2).

Applies to

Plan modification motion

Must include

proposed order

Debtor must file amended plan, motion, declaration, identify changes, file supplemental schedules, provide payment advices, and attach proposed order for plan modification.

A debtor seeking post-confirmation plan modification shall file an amended plan, a motion requesting approval of the amended plan, and a declaration of the debtor explaining the need for the modification. The debtor shall identify in the motion all proposed changes by reference to the plan section number and with the specific changes listed. Contemporaneously with filing the motion and declaration, the debtor shall file supplemental Schedules I and J and provide the trustee copies of all payment advices or other evidence of proof of income received within the last 30 days. A proposed order approving the amended plan shall be attached to the motion as a separate document and shall substantially comply with Local Bankruptcy Form 13-6.

Applies to

Certification of domestic support

Debtors must file a certification regarding domestic support obligations; failure results in case closure without discharge.

debtors must file certifications stating either (1) that they are not liable for any domestic support obligation; or (2) that all domestic support obligations payable by them that became due on or before the date of the certification (including amounts due before the petition was filed, but only to the extent provided for by the plan) under any judicial or administrative order, or by statute, have been paid. Failure to file the certification will result in the case being closed without a discharge.

Applies to

Motion

Must include

local rule certificate

Motions for approval of cash collateral and financing stipulations must contain the certification of counsel required by the Guidelines.

The Guidelines for Cash Collateral and Financing Stipulations (Appendix A to these Local Bankruptcy Rules, as may be modified from time to time and posted on the court’s website) apply to all motions for approval of such stipulations, interim and final, and all motions for approval thereof must contain the certification of counsel required by the Guidelines.

Applies to

Request for tax information

Must include

specific language

Requests for tax information filed with the court must include specific language about confidentiality and sanctions.

Requests for tax information filed with the court must contain the following language: Movant is hereby advised that the tax information obtained is confidential and may not be disseminated except as appropriate under the circumstances of the case. Movant is further advised that substantial monetary sanctions (up to $10,000 per disclosure without further notice) and other sanctions may be imposed by the Court for an improper use, disclosure, or dissemination of the tax information.

Applies to

Motion for hardship discharge

Must include

proposed order

Motions for hardship discharge must include a sworn declaration, supplemental Schedules I and J, and a proposed order conforming to Local Bankruptcy Form 13-7.

Motions for discharge under 11 U.S.C. § 1328(b) shall be filed with the court and served on the trustee, United States trustee, and all creditors at least 21 days preceding the date fixed for hearing. The motion shall set forth the basis for the discharge and provide evidence (including a sworn declaration from the debtor) in support of the motion. Contemporaneously with filing the motion and declaration, the debtor shall file supplemental Schedules I and J and provide the trustee copies of all payment advices or other evidence of proof of income received within the last 30 days. A copy of a proposed order shall be attached as an exhibit to the motion as a separate document and the order shall conform with Local Bankruptcy Form 13-7.

Applies to

Hardship discharge order

Must include

certificate of service

Debtor must serve hardship discharge order on all creditors and file a certificate of service.

Hardship Discharge (Local Bankruptcy Form 13-7), debtor or debtor’s counsel shall serve the entered order on all creditors in the manner provided in Fed. R. Bankr. P. 2002 and shall file a certificate of service that service has been effected.

Applies to

Reaffirmation agreement

Reaffirmation agreements must use Director's Reaffirmation Agreement forms and be filed with Reaffirmation Agreement Cover Sheet, Official Form B 427.

The Administrative Office of the United States Courts has issued Director’s Reaffirmation Agreement forms (available on the court’s website) which must be completed for all reaffirmation agreements, and shall be filed with the Reaffirmation Agreement Cover Sheet, Official Form B 427.

Applies to

Reaffirmation agreement

Reaffirmation agreements must include copies of underlying agreements, modifications, and documentation of security interest or nondischargeability basis.

Copies of any agreements which the debtor has agreed to continue to perform or pay, together with any modifications of those agreements, shall be attached to the reaffirmation agreement together with documentation of any security interest and the perfection of such security interest or a memorandum setting forth why perfection is unnecessary and supporting declaration(s) establishing any required facts. If the reaffirmation is of a debt claimed to be nondischargeable, the creditor shall file a memorandum setting forth the basis for the nondischargeability, together with a declaration(s) establishing a prima facie case.

Applies to

Application for deposit into registry

Parties must file an application with detailed explanation to deposit funds into court registry.

a party desiring to deposit funds into the registry of the court must file an application, which shall include a detailed explanation of the facts and circumstances necessitating the deposit of estate funds into the registry.

Applies to

Proposed order for deposit

Proposed order for deposit must include amount and direction for interest-bearing or non-interest-bearing account based on amount.

A proposed order directing the clerk of court to deposit funds into the registry of the court must include the following: (1) the amount to be deposited; (2) a direction to the clerk of court to deposit registry funds totaling $25,000 or more into an interest-bearing account; and (3) a direction to the clerk of court to deposit registry funds totaling less than $25,000 into a non-interest-bearing account with the U.S. Treasury.

Applies to

Motion to reopen

Motion to reopen must state purpose, asset administration, proof of claim deadline, and trustee need; must be noted for hearing.

A motion to reopen a case shall state the purpose for reopening the case, whether assets were administered in the case, whether a deadline was established for filing proofs of claim, and whether a trustee needs to be appointed. Except as provided for in subsection (b), the motion shall be noted for hearing in accordance with Local Bankruptcy Rule 9013-1, with notice to the case trustee and any affected parties.

Applies to

Motion for withdrawal of reference

Must include

caption

Motion for withdrawal of reference must have specific caption.

A motion for withdrawal of reference shall be designated: 'Motion for Withdrawal of Reference.'

Applies to

Initial pleading

Parties must file a Notice Regarding Final Adjudication and Consent with their initial pleading in adversary proceedings; failure to file constitutes consent to final orders by the bankruptcy judge.

In an adversary proceeding before a bankruptcy judge, in addition to the statements in the pleadings required by Fed. R. Bankr. P. 7008(a) and 7012(b), each party shall file a separate document with its initial pleading (the complaint, counterclaim, cross-claim, third party complaint, answer or other responsive pleading) to be entitled Notice Regarding Final Adjudication and Consent. The Notice Regarding Final Adjudication and Consent shall include a repetition of the statements required by Fed. R. Bankr. P. 7008(a) and 7012(b). Failure by a party to file a Notice Regarding Final Adjudication and Consent as required by this rule or by a date certain fixed by court order shall constitute that party’s consent to entry of final orders or judgments by the bankruptcy judge.

Applies to

Motion for default judgment

Motions for default judgment must be supported by a declaration and evidence, including a concise explanation of calculations and, if based on contract, a copy of the contract.

The party seeking a default judgment must support a motion for default judgment with a declaration and other evidence establishing that party’s entitlement to a sum certain and/or to any nonmonetary relief sought. (A) The party shall provide a concise explanation of how all amounts were calculated and shall support this explanation with evidence establishing the entitlement to and amount of the principal claim, and, if applicable, any liquidated damages, interest, attorney’s fees, or other amounts sought. If the claim is based on a contract, plaintiff shall provide the court with a copy of the contract and cite the relevant provisions.

Applies to

Motion to shorten time

Must include

proposed order

Motions to shorten time must include a proposed order and be filed with the underlying motion papers.

The motion requesting an order shortening time or limiting notice along with the underlying motion papers and a proposed form of order shortening time or limiting notice, shall be filed and served on all parties entitled to notice of the underlying motion unless otherwise ordered by the court.

Applies to

Default order

Must include

proposed order, certificate of service

To obtain a default judgment without a hearing, the moving party must upload an unsigned order, proof of service, and a declaration of no objection.

If no opposition to a motion has been timely filed and served, in accordance with Local Bankruptcy Rule 9013-1(d)(5), the court in its discretion may: (1) grant the motion by default at the hearing, or (2) grant the motion prior to the time set for hearing, upon the moving party’s uploading of a received unsigned order, accompanied by proof of the service and a declaration of no objection stating the date of service of the notice of the motion and that no objections were timely received.

Applies to

Ex parte motion

Ex parte motions must include specific facts, statutory authority, reasons for ex parte treatment, and for adversary proceedings, irreparable injury and notice efforts.

administrative orders, shall (A) allege specific facts forming the basis of the request, (B) cite the statute or rule authorizing the court to act, and (C) state specific reasons why the court should proceed without notice or a hearing. If the motion arises in an adversary proceeding or a contested matter as defined in Fed. R. Bankr. P. 9014, the moving party shall, in addition, describe (D) what immediate and irreparable injury, loss or damage will result to the movant before the adverse party or his attorney can be heard in opposition; and (E) the efforts, if any, which have been made to give notice to the adverse party and his attorney.

Applies to

Ex parte order

Ex parte orders must include 'ex parte' in the title.

Ex parte orders. An ex parte order shall contain the words "ex parte" in its title.

Applies to

Response to motion for reconsideration

Opposing parties may not respond to a motion for reconsideration unless the court requests a response.

The opposing party shall not respond to a motion for reconsideration unless requested to do so by the court.

Applies to

Objection to order

Objections to an order must state reasons with particularity and include an alternate order as an attachment.

Any such objection shall state with particularity the reasons for the objection and shall include as an attachment an alternate order.

Applies to

Chapter 13 dismissal order

Chapter 13 voluntary dismissal orders must conform to Local Bankruptcy Form 13-1.

An order dismissing a chapter 13 case on motion by the debtor shall conform to Local Bankruptcy Form 13-1.

Applies to

Chapter 13 dismissal order

Ex parte chapter 13 dismissal orders must include 'ex parte' in the title and require trustee authorization before filing.

If the motion is ex parte, (1) the words “ex parte” shall be added to the title of the order and (2) the debtor shall obtain the chapter 13 trustee’s authorization prior to filing the order as a received unsigned order.

Applies to

Motion for sale

Chapter 13 debtors seeking to sell real property must file a motion, purchase agreement, and declaration of arm's length transaction.

A chapter 13 debtor seeking to sell real property shall file a motion requesting approval to sell the property, the purchase and sale agreement and any amendments, and a declaration of the debtor indicating whether the sale is an arm’s length transaction for fair market value.

Applies to

Jury demand

Jury trial demands must be made in a separate document titled 'Demand for Jury Trial'.

Where a jury trial is demanded as permitted by Fed. R. Civ. P. 38, said demand shall be made, whether or not also made in a pleading, in a separate document entitled “Demand for Jury Trial”

Applies to

Motion to seal

Must include

proposed order

Electronic filers must file a motion to seal with specific legal standards, evidentiary support, and a proposed order uploaded through ECF.

An electronic filer who seeks to file a document under seal must file a motion. The motion to file under seal must include a specific statement of the applicable legal standards and basis, with evidentiary support in the form of declarations where necessary. A proposed order shall be uploaded through ECF.

Applies to

Proposed order

Must include

proposed order

Proposed orders and judgments must be filed as separate documents from the motion or stipulation.

A proposed form order or judgment, including one requested ex parte or by stipulation, must be filed on a document separate from its attendant motion or stipulation.

Applies to

Pro hac vice application

Pro hac vice application must include a certificate of good standing and specific statements.

The application must include: (1) a certificate of good standing from the state bar of each state in which the applicant is admitted to practice, dated within 30 days of the application; (2) a statement that the applicant is a member in good standing of the bar of the highest court of the state in which the applicant maintains his or her principal office; (3) a statement that the applicant has read and will comply with the 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.

Applies to

Stipulation or agreement for cash collateral or financing

Must include

local rule certificate

Counsel must certify whether the cash collateral or financing agreement contains any disapproved provision from Part A, identify it, and explain its justification.

counsel for the debtor (or trustee) must certify whether the agreement contains any provision listed in part A, identify any such provision, and explain its justification.

Applies to

Pretrial order

Must include

word version

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

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.

Applies to

Jury selection

Must include

judge name, case number

Jury will have 7-12 members with no alternates.

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.

Applies to

Jury selection

Must include

certificate of service

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

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.

Applies to

Jury selection

Must include

certificate of conference

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

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.

Applies to

Jury selection

Must include

certificate of conference

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

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

Applies to

Jury instructions

Must include

certificate of conference

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

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.

Deadline

5 calendar days before trial

Applies to

Trial exhibits

Must include

original and copy

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

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.

Deadline

7 calendar days before trial

Applies to

Electronic exhibits

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

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.

Applies to

Deposition transcripts

Must include

typed objections, highlighted transcript, color coded designations

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

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

Applies to

Witness exhibit lists

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

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.

Applies to

Exhibits

Each trial exhibit must be clearly pre-marked before delivery.

Each exhibit must be clearly pre-marked.

Applies to

Stipulated motion

Must include

proposed order

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

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.

Applies to

Motion in limine

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

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.

Applies to

Motion in limine

Must include

proposed order

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

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.

Applies to

Exhibits

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

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.

Applies to

Exhibits

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

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.

Applies to

Motion in limine

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

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

Applies to

Stipulated motion

Must include

proposed order

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

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.

Applies to

Deposition designations

Objections to deposition designations must be filed by deadline.

D. Objections to Deposition Designations

Applies to

Exhibits

Specific procedures for handling exhibits at trial.

E. Procedures for Handling Exhibits

Applies to

Bench trial

Must include

proposed findings conclusions

Proposed findings and conclusions required after bench trial.

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

Applies to

Motion to continue

Must include

speedy trial waiver

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

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.

Applies to

Motion to continue

Must include

speedy trial waiver

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

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.

Applies to

Jury instructions

Must include

proposed order

Jury instructions must be submitted electronically.

A. Jury Instructions

Applies to

Motion

Must include

proposed order

Email proposed orders in Word format to specified address.

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.

Applies to

Motion

Must include

ai disclosure, proposed order, certificate of service +3 more

Motions for default judgment must include specific content requirements.

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.

Applies to

Jury instructions

Must include

proposed order, notice of electronic filing

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

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.

Applies to

Trial exhibit

Must include

pre marked, clearly marked

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

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

Applies to

Trial exhibit

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

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

Applies to

Electronic exhibit

Electronic exhibits must be delivered to Courtroom Deputy before trial.

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

Applies to

Proposed findings conclusions

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

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.

Applies to

Trial brief

Must include

no motions in limine

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

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

Applies to

Supervised release sentencing memorandum

Must include

certificate of service

Supervised release sentencing memoranda due 5 days before hearing.

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.

Applies to

Pleading or motion

Must include

certificate of no improper purpose

By filing, attorneys and unrepresented parties certify that the filing is not for an improper purpose.

By filing a pleading, written motion, or other paper, an attorney or unrepresented party "certifies that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances": (1) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation.

Applies to

Jury instructions

Must include

proposed order

Proposed jury instructions must be filed on the docket and emailed in Word format, include preliminary and final instructions, a proposed verdict form, and comply with LCR 51.

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 https://www.ce9.uscourts.gov/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.

Applies to

Pretrial order

Must include

notice of electronic filing

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

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

Applies to

Glossary

Must include

notice of electronic filing

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

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.

Applies to

Trial exhibits

Must include

exhibit list

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

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.

Applies to

Trial exhibits

Must include

exhibit list

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

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.

Applies to

Trial procedure

Must include

witness sequestration

Witness sequestration rule in effect until closing arguments.

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.

Applies to

Trial procedure

Must include

witness instruction

Witnesses must not discuss testimony with other witnesses.

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

Applies to

Settlement notice

Must include

timely notice

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

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).

Applies to

Voir dire submission

Must include

joint submission, neutral statement, disputed questions chart

Joint submission required for voir dire questions and neutral statement.

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.

Applies to

Voir dire documents

Must include

email submission

Format

DOCX

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

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.

Applies to

Joint instructions statement

Must include

email submission

Format

DOCX

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

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.

Applies to

Motion to continue trial date

Must include

speedy trial waiver, certificate of service, certificate of conference +1 more

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

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.

Applies to

Stipulated motion to continue trial date

Must include

speedy trial waiver, good cause statement, certificate of service +2 more

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.

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

Applies to

Motion to continue trial date

Must include

speedy trial waiver, speedy trial act calculation

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

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.

Applies to

Joint motion

Must include

stipulation, joint motion

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

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).

Applies to

Motion

Must include

proposed order

Motions requiring Court signature must include proposed order.

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).

Applies to

Proposed order

Must include

email submission, microsoft word format

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

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.'

Applies to

Voir dire submission

Must include

joint submission

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

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.

Applies to

Joint instructions statement

Must include

joint submission, proposed verdict form

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

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.

Applies to

Joint instructions statement

Must include

joint submission

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

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.

Applies to

Objections

Must include

stand when objecting, no speaking objections

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

“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

Applies to

Jury instruction

Must include

proposed order

Counsel must provide proposed text for immediate jury instructions.

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

Applies to

Witness procedure

Witness sequestration rule in effect until closing arguments.

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.

Applies to

Witness waiver request

Must include

certificate of conference

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

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.

Applies to

Witness instruction

Witnesses must not discuss testimony with other witnesses.

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

Applies to

Motion

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

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

Applies to

All

Must include

local rule certificate

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

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

Applies to

Brief

Briefs 10+ pages require table of contents and authorities.

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)).

Applies to

Motion

Must include

certificate of conference

Motions require certification of conference, attached as separate page.

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.

Applies to

Attorney fees motion

Must include

certificate of service

Attorney fee motions must include declaration with timesheets and costs.

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

Applies to

Motion

Must include

proposed order

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

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.

Applies to

Proposed order

Must include

notice of electronic filing

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

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.”

Applies to

Discovery motion

Must include

verbatim recitation

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

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.

Applies to

Notice of settlement

Must include

settlement in principle

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

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.

Applies to

Witness notice

Must include

testimony scope, witness identity

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

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.

Applies to

Exhibit list

Must include

exhibit list, docket numbers for filed exhibits, unfiled exhibits must be supplied 24 hours before hearing

Exhibit list and filing required 24 hours before hearing.

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.

Applies to

Exhibit introduction

Must include

counsel name for videoconference

Counsel name required for videoconference exhibit introduction.

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.

Applies to

Motion to continue

Must include

speedy trial waiver

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

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.

Applies to

Motion to continue

Must include

speedy trial act calculation

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

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.

Applies to

Stipulated motion to continue

Must include

good cause statement

Stipulated motions to continue must state facts establishing good cause.

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

Applies to

Stipulated motion to continue

Must include

signed speedy trial waivers

Stipulated motions must include signed speedy trial waivers.

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

Applies to

Stipulated motion to continue

Must include

speedy trial waiver duration

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

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

Applies to

Exhibit list

Must include

joint final exhibit list

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

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.

Applies to

Exhibits

Must include

original documents available at trial

Parties must have original documents available at trial.

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

Applies to

Equipment testing

Must include

equipment testing scheduled at pretrial

Equipment testing must be scheduled at pretrial conference.

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.

Applies to

Exhibit list

Must include

exhibit list

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

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.

Applies to

Exhibit list

Must include

exhibit list

Daily meeting to exchange proposed exhibits for next trial day

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.

Applies to

Exhibit list

Must include

exhibit list

Updated exhibit lists with objections due by 8 PM daily

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.

Applies to

Revised document

Must include

clean copies, redlined version

Revised documents must include redlined version and clean copies

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.

Applies to

Voir dire submission

Must include

joint submission, chart of disputed questions

Joint voir dire submission required with chart of disputed questions

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.

Applies to

Voir dire submission

Must include

word format

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

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.

Applies to

Joint instructions statement

Must include

proposed verdict form, proposed jury instructions, joint instructions statement

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

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.

Applies to

Witness notice

Must include

witness list

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

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.

Applies to

Witness instructions

Must include

witness instructions

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

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

Applies to

Impeachment materials

Must include

copies to court, copies to witness, copies to opposing counsel

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

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.

Applies to

Immediate jury instruction

Must include

proposed text

Counsel must provide proposed text for immediate jury instructions.

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

Applies to

Trial evidence

Must include

daily conference

Parties must confer daily after exhibit exchange to make stipulations.

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

Applies to

Pretrial order

Must include

word version

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

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

Applies to

Trial procedures

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

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.

Applies to

Trial procedures

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

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

Applies to

Joint glossary

Must include

word format, email submission

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

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.

Applies to

Trial exhibits

Must include

pre marking, physical set, electronic set +1 more

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

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.

Applies to

Trial exhibits

Must include

table of contents

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

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.

Applies to

Exhibit list

Must include

word format, email submission

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

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.

Applies to

Trial evidence

Must include

daily deadline

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

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.

Applies to

Trial evidence

Must include

exhibit chart

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

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).

Applies to

Trial evidence

Must include

exhibit deadline

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

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.

Applies to

Trial evidence

Must include

daily exhibit exchange

Parties must meet daily to exchange exhibits for next day.

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.

Applies to

Trial evidence

Must include

pre trial rulings

Court rules on disputed exhibits before each trial day.

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

Applies to

Trial evidence

Must include

stipulated admission

Stipulated exhibits are not admitted until Court formally admits them.

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

Applies to

Trial evidence

Must include

revised documents

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

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.

Applies to

Trial evidence

Must include

additional exhibits

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

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.

Applies to

Trial evidence

Must include

deposition transcript

Deposition transcript with highlighted relevant portions required per LCR 32.

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.

Applies to

Trial evidence

Must include

deposition conference

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

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.

Applies to

Trial evidence

Must include

joint submission

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

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.

Applies to

Trial evidence

Must include

joint filing

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

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.

Applies to

Trial evidence

Must include

jury trial deposition

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

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.

Applies to

Trial evidence

Must include

video deposition

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

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.

Applies to

Witness notice

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

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.

Applies to

Witness exclusion

Witness exclusion rule in effect until closing arguments.

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.

Applies to

Witness recall

Witnesses cannot be recalled after completing testimony.

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

Applies to

Witness exclusion waiver

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

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.

Applies to

Witness communication

Witnesses must not discuss testimony with other witnesses.

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

Applies to

Witness availability

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

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.

Applies to

Impeachment procedure

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

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.

Applies to

Verdict requirement

Verdict must be unanimous under FRCP 48.

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

Applies to

Voir dire time limits

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

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

Applies to

Voir dire submission

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

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.

Applies to

Motion

Motions and the legal argument supporting them must be filed as a single document.

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

Applies to

Brief

Briefs referring to docket or exhibit material must include pincites with corresponding docket and page numbers.

When a Party’s briefing refers to or relies on material on the docket or attached as an exhibit, it must include pincites to such material. References or citations to such material or exhibits must include the docket and page numbers.

Applies to

Motion or brief

Motions or briefs citing out-of-jurisdiction rulings not available on Lexis or Westlaw must attach a copy of the ruling to the filing.

When filing a motion or brief that cites to a ruling from a court outside this jurisdiction that is not readily available on Lexis or Westlaw (e.g., a transcript containing a bench ruling), Parties must provide a copy of the ruling to the Court as an attachment to the motion.

Applies to

Brief

Briefs of 10 or more pages must include a table of contents and table of authorities, which are excluded from word count calculations.

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)).

Applies to

Motion

Must include

certificate of conference

Motions requiring pre-filing meet-and-confer must demonstrate meaningful efforts to confer, with non-compliant motions subject to summary denial.

For a motion that requires a meet-and-confer prior to filing, Parties must make a meaningful effort to meet and confer as defined by LCR 1(c)(6). For example, waiting until the expiration of a deadline, contacting the opposing Party, receiving no immediate response, and then filing the motion, does not satisfy that duty. If contact was not successfully made, Parties shall explain their specific efforts to comply with this requirement. Motions that do not comply may be summarily denied.

Applies to

Motion

Must include

proposed order

Motions requiring the Court’s signature must include a proposed order, except for dispositive motions.

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

Applies to

Stipulated protective order

Must include

local rule certificate

Stipulated protective orders must be filed with a redlined version showing deviations from the district's model protective order, or a certification stating there are no deviations if none exist.

A redlined version showing deviations from the model should be attached to and filed along with any proposed stipulated protective order. See LCR 26(c)(2). If there are no differences from the model, the Parties shall include with the stipulation a certification stating as much. (Merely tailoring any of the bracketed information requested in the model order and/or providing a list of specific documents to be designated as confidential in Section 2 is not considered a change or difference from the model.)

Applies to

Motion in limine

Joint briefs for motions in limine must include an introductory statement, section for agreed motions, and section for disputed motions with separate headings and supporting authority for each party's position.

The brief must contain: (1) an introductory statement summarizing the case and the context relevant to any dispute, with each side drafting its own statement if they cannot agree; (2) a section for agreed motions in limine in which the Parties shall list each issue and the agreement of the Parties as to that issue; (3) a section for any disputed motions in limine with a subsection for the Plaintiff’s disputed motions in limine and a subsection for Defendant’s disputed motions in limine, in which the Parties present each motion under a separate heading, below which the moving Party provides its position with supporting authority, followed by the position and supporting authority of the opposing Party.

Applies to

Motion in limine

Must include

word count, certificate of conference

Motions in limine must include certification of conferral and comply with word limits, or risk being stricken.

Motions in limine that do not comply with the applicable requirements, including the certification of conferral (LCR 1(c)(6) and LCR 7(d)(5)) or the word limit (LCR 7(e)(5)), without prior permission of the Court, may be summarily stricken.

Applies to

Motion for attorney fees

Must include

declaration

Motions for attorney fees must include a declaration with timesheets and costs.

Any motion seeking attorney fees must be accompanied by an appropriate declaration that attaches all relevant timesheets and costs.

Applies to

Motion to compel

Must include

certificate of conference

Motions to compel must include a certification of the meet and confer conference details.

A motion to compel must strictly comply with LCR 37(a)(1) and shall include a certification that lists the date, manner, and participants of the conference.

Applies to

Opposed discovery motion

Must include

verbatim recitation or attachment

Opposed discovery motions must include verbatim recitation or attachment of the discovery request and objection.

Any opposed discovery motion shall contain a verbatim recitation of the discovery request and objection (if any) at issue, or shall attach a copy of same.

Applies to

Notice of settlement

Must include

local rule certificate

Parties must provide timely notice of settlement for jury trial cases per LCR 39(d).

When cases scheduled for jury trial are settled (or agreed to be tried without a jury), Parties shall refer to LCR 39(d) for the requirements of providing timely notice.

Applies to

Notice of multiple attorneys

Notice of multiple lawyers intending to argue must be submitted 2 business days before hearing by email.

Parties shall submit notice under this provision by issue and speaker two (2) business days prior to the hearing to Courtroom Deputy Kadya Peter by email at kadya_peter@wawd.uscourts.gov.

Applies to

Witness list

Parties must file witness lists identifying witnesses and testimony scope 2 business days before hearing.

Any Party intending to call witnesses at a hearing 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.

Applies to

Exhibit list

Exhibit lists required; unfiled exhibits must be emailed in PDF format by 24 hours before hearing.

Any Party intending to introduce documentary evidence at a hearing 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.

Applies to

Exhibit notice

Must include

notice of electronic filing

For videoconference hearings, email must identify counsel who will introduce exhibits for screen-sharing authorization.

If the hearing 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.

Applies to

Motion

Must include

proposed order

Counsel must appear by video for videoconferences unless granted motion to appear telephonically.

Where a videoconference has been set, Counsel are required to appear via video unless they file, and the Court grants, a motion to appear telephonically.

Applies to

Exhibit list

Must include

word format

Exhibit list in Word format must be emailed before trial.

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

Applies to

Settlement negotiation

Must include

good faith attempt

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

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

Applies to

Mediator selection

Must include

mediator filing, mediator agreement, mediator designation request

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

(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.

Applies to

Mediation

Must include

court report, completion deadline

Mediation must be completed by specified date with court report

(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.

Applies to

Pleading

Must include

case number

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

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.

Applies to

Pleading

Must include

case number

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.

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.

Applies to

Stipulated motion

Must include

proposed order

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

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.

Applies to

Trial proceedings

Must include

certificate of conference

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

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:

Applies to

Exhibits

Must include

certificate of conference

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

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.

Applies to

Exhibits

Must include

certificate of conference

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

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.

Applies to

Exhibits

Must include

certificate of conference

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

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.

Applies to

Motion

Must include

notice of electronic filing

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

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.

Applies to

Complaint

Must include

filing fee or ifp application

$402 filing fee or in forma pauperis application required

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.

Applies to

Complaint

Must include

self service required if not ifp

Pro se must serve complaint and summonses if not IFP

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.

Applies to

Opening brief

Must include

identify alj errors

Opening brief required to identify ALJ errors

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

Applies to

Opening brief

List all ALJ errors on page one of opening brief

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.

Applies to

Motion

Must include

required for court action

Written motion required for any Court action

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.

Applies to

Motion for extension of time

Must include

proposed order required

Motion for extension requires proposed order

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.

Applies to

Civil action

Must include

caption

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

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.

Applies to

Civil action

Must include

caption

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

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.

Applies to

Civil action

Must include

filing fee

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

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.

Applies to

In forma pauperis application

Must include

consent to fee recovery, in forma pauperis application

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

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.

Applies to

Civil action

Must include

related cases listing

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

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;

Applies to

Civil action

Must include

related cases listing

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

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

Applies to

Civil action

Must include

notice of related cases

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

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.

Applies to

Notice of pendency of other action

Must include

certificate of service

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

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.

Applies to

Notice of pendency of other action

Notice must include specific information about related actions and coordination.

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.

Applies to

Summons

Must include

caption, judge name, case number

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

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.

Applies to

General

Must include

electronic filing

All counsel must electronically file documents unless court orders otherwise.

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.

Applies to

Motion

Must include

proposed order

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

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.

Applies to

Motion

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

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.

Applies to

Motion

Must include

exhibits

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

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.

Applies to

Motion

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

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]

Applies to

Responsive brief

Must include

requests to strike

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

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.

Applies to

Brief

Must include

word count

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

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.

Applies to

Praecipe

Must include

case number, docket number, specific language

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

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.

Applies to

Praecipe

Must include

case number, docket number, specific language

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

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.

Applies to

Corporate disclosure statement

Must include

certificate of service

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

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

Applies to

Corporate disclosure statement

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

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).'

Applies to

Corporate disclosure statement

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

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.

Applies to

Complaint

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

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.

Applies to

All

Must include

date, signature

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

(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.

Applies to

Pretrial conference

Must include

appearance

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

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.

Applies to

All

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

(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.

Applies to

Proposed order

Must include

proposed order

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

(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]”

Applies to

Exhibits

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

(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.

Applies to

Filing

Must include

signature

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

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.

Applies to

Filing

Must include

compliance with rules

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

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.

Applies to

Motion to amend

Must include

proposed amended pleading

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

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.

Applies to

Amended pleading

Must include

filing deadline

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

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.

Applies to

Amended pleading by consent

Must include

joint notice, redlined version

Amended pleading by consent requires joint notice and redlined version.

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.

Applies to

Amended pleading

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

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

Applies to

Amended pleading

Must include

final format filing, service on all parties

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

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

Applies to

Motion to compel discovery

Must include

filing deadline

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

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

Applies to

Joint status report

Must include

topics from lcr 26 f, topics from fed r civ p 26 f 3

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

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).

Applies to

Scheduling order

Must include

written format

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

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

Applies to

Scheduling order

Must include

discovery deadline, dispositive motions deadline

Scheduling order must include deadlines for discovery and dispositive motions.

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

Applies to

Motion to exclude expert testimony

Must include

filing deadline

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

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.

Applies to

Dispositive motion

Must include

filing deadline

Dispositive motions must be filed by the dispositive motions deadline.

Not later than the deadline to file dispositive motions, unless

Applies to

Proposed pretrial order

Must include

signature blocks

Proposed pretrial order must be filed 30 days before trial.

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.

Applies to

Plaintiff pretrial statement

Must include

exhibit list, witness list, issues of law +3 more

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

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.

Applies to

Defendant pretrial statement

Must include

exhibit list, witness list, affirmative defenses +2 more

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

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.

Applies to

Conference

Must include

principal attorney attendance

Principal trial attorney must attend conference.

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

Applies to

Conference

Must include

case familiarity, settlement discussion, stipulation preparation

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

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.

Applies to

Conference

Must include

cooperation on pretrial order

Counsel must cooperate to develop proposed pretrial order.

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

Applies to

Final conference

Must include

pro se party attendance, principal attorney attendance

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

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

Applies to

General provision

Must include

strict enforcement, sanctions applicable

Rule provisions strictly enforced with sanctions for non-compliance.

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.

Applies to

General provision

Must include

pro se compliance required

Pro se parties must comply with all counsel obligations.

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

Applies to

Pretrial order

Pretrial order form required for all cases except land condemnation.

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

Applies to

Pretrial order

Expert witness limits apply to each party.

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

Applies to

Pretrial order

Exhibits must be numbered and tagged with specific information.

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:

Applies to

Exhibit list

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

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.

Applies to

Trial brief

Must include

caption, judge name, case number +2 more

Trial briefs must be submitted by a specified deadline.

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

Applies to

Jury instructions

Must include

caption, judge name, case number +2 more

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

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

Applies to

Voir dire questions

Must include

caption, judge name, case number +2 more

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

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 _______________.

Applies to

Settlement approval

Must include

caption, judge name, case number +2 more

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

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.

Applies to

Complaint

Must include

caption

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

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

Applies to

Complaint

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

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

Applies to

Complaint

Class action complaints must reference the applicable Rule 23 provisions.

(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.

Applies to

Complaint

Class action complaints must include allegations justifying class action status.

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

Applies to

Complaint

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

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

Applies to

Complaint

Class action complaints must allege adequacy of class representatives.

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.

Applies to

Complaint

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

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

Applies to

Complaint

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

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.

Applies to

Discovery requests

Must include

timely service

Discovery requests must be served early enough to meet deadlines.

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

Applies to

Rule 26f conference

Must include

certificate of service

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

(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;

Applies to

Rule 26f conference

Must include

certificate of service

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

(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.

Applies to

Rule 26f conference

Must include

certificate of service

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

(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.

Applies to

Rule 26f conference

Must include

certificate of service

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

(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.

Applies to

Motion

Must include

esi agreement, certificate of service

ESI-related motions must include certification or ESI Agreement.

(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.

Applies to

Scheduling order

Must include

esi agreement

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

(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.

Applies to

Deposition transcript

Must include

highlighting

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

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.

Applies to

Deposition transcript

Must include

highlighting, objections in margins

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

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.

Applies to

Video deposition

Must include

submission to court, submission to parties

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

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.

Applies to

Expedited joint motion

Must include

proposed order

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

(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.

Applies to

Arbitration consent

Must include

signature blocks

Plaintiff must secure and file consent forms for arbitration.

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.

Applies to

Arbitration schedule

Discovery prohibited 14 days before arbitration through award issuance.

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

Applies to

Joint individualized trial statement

Must include

certificate of service

Joint Individualized Trial Statement due 7 days before individualized trial conference

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:

Applies to

Case management order

Must include

certificate of service

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

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.

Applies to

Pretrial conference

Must include

certificate of service

Pretrial conference must be held within 150 days of agreement approval

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

Applies to

Discovery

Must include

certificate of service

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

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.

Applies to

Expert witness

Must include

certificate of service

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

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

Applies to

Pretrial motion

Must include

certificate of service

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

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

Applies to

Trial

Must include

certificate of service

Trial must be held within 6 months of agreement approval

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

Applies to

Post trial motion

Must include

certificate of service

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

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.

Applies to

Notice of intention new trial

Must include

certificate of service

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

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.

Applies to

New trial motion

Must include

certificate of service

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

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)

Applies to

Trial exhibit

Must include

original copy

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

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.

Applies to

Witness list

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

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.

Applies to

Witness examination

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

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

Applies to

Expert witness

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

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

Applies to

Jury instructions

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

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.

Applies to

Jury instructions

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

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).

Applies to

Jury instructions

Must include

table of contents

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

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).

Applies to

Motion for costs

Must include

certificate section

Costs must be verified under penalty of perjury.

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.

Applies to

Motion for entry of default judgment

Must include

certificate of service

Default judgment motions require service on appearing defaulting parties.

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.

Applies to

Summary judgment motion

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

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.

Applies to

Temporary restraining order

Must include

proposed order

Proposed order required with temporary restraining order motions.

(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.

Applies to

Bond

Must include

monetary deposit, treasury authorized corporation

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

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.

Applies to

Bond

Must include

court officer prohibited as surety

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

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.

Applies to

Receiver inventory

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

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.

Applies to

Receiver report

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

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.

Applies to

Receiver dismissal

Must include

court leave required, notice to parties required

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

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.

Applies to

Registry deposit order

Must include

judge signature, specific language

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

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 $____.”

Applies to

Motion for disbursement

Must include

payees, principal sum, disbursement amounts

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

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.

Applies to

Disbursement order

Must include

specific language

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

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).”

Applies to

Disbursement order

Must include

separate statement for multiple checks

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

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.

Applies to

Disbursement

Must include

addresses, w 9 forms, email to finance

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

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.

Applies to

Statutory interpleader filing

Must include

ownership disclaimer, statutory interpleader

DOF created when plaintiff files statutory interpleader disclaiming ownership.

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.

Applies to

Statutory interpleader deposit

Must include

irs dof definition

Statutory interpleader funds must meet IRS DOF definition.

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.

Applies to

Motion for interpleader deposit

Must include

dof identification, cris identification

Motion for Interpleader Deposit required with CRIS/DOF identification.

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.

Applies to

Proposed order for interpleader

Must include

specific language

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

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.”

Applies to

Petition for admission

Must include

certificate of good standing

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

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.

Applies to

Petition for admission

Must include

certificate of good moral character

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

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.

Applies to

Petition for conditional admission

Must include

employment statement, justification for admission

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

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.

Applies to

Pro hac vice application

Must include

showing of particular need

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

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.

Applies to

Pro hac vice application

Must include

local counsel

Pro hac vice appearances require representation by local counsel.

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

Applies to

Pro hac vice application

Must include

certificate of compliance, particular need statement, disciplinary history statement

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

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.

Applies to

Pro hac vice application

Must include

local counsel signature, attestation of availability

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

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.

Applies to

All filings

Must include

compliance check, local counsel review, local counsel signature +1 more

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

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.

Applies to

Appearance

Must include

ecf signature, entry documents

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

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.

Applies to

Withdrawal

Must include

leave of court

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

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).

Applies to

Withdrawal motion

Must include

noticing per lcr 7d3, service certification

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

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.

Applies to

Stipulation withdrawal

Must include

opposing counsel signatures, new counsel or party signature

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

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.

Applies to

Withdrawal motion

Must include

unrepresented party contact info

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

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

Applies to

Withdrawal notice

Must include

attorney identification, client remains represented statement

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

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.

Applies to

Business entity appearance

Must include

counsel requirement

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

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

Applies to

Business entity withdrawal

Must include

certification of advice

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

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

Applies to

Motion to proceed pro se

Must include

proposed order, certificate of service

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

(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.

Applies to

Motion to proceed pro se

Must include

proposed order, certificate of service

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

(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).

Applies to

Motion to withdraw

Must include

proposed order, certificate of service

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

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

Applies to

Attorney certification

Must include

certificate of service

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

(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.

Applies to

Order to show cause

Must include

proposed order, certificate of service

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

(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

Applies to

Reinstatement petition

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.

(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.

Applies to

Court proceeding

Must include

certificate of service, local rule certificate, certificate of conference

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

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.

Applies to

Client engagement

Must include

certificate of service, local rule certificate, certificate of conference

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

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.

Applies to

Notice of bankruptcy filing

Must include

judge name, case number, certificate of service

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

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.

Applies to

Notice of bankruptcy filing

Must include

judge name, case number, certificate of service

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

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.

Applies to

Habeas corpus petition

Must include

local rule certificate

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

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.

Applies to

Habeas corpus petition

Must include

local rule certificate

Party in custody must complete all required form information.

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

Applies to

Habeas corpus petition

Must include

filing fee

Habeas corpus petitions require filing fee.

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

Applies to

Habeas corpus petition

Must include

original copy

Party in custody must send original completed petition to clerk.

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

Applies to

Habeas corpus petition

Must include

verification by non party, explanation for non party verification

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

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.

Applies to

Notice of removal

Must include

good faith belief statement

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

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.

Applies to

Notice of removal

Must include

operative complaint attachment

Removal requires filing operative complaint as separate attachment.

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.”

Applies to

Notice of removal

Must include

counsel contact info, certificate of service

Removal requires certificate of service with counsel contact info.

(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.

Applies to

Notice of removal

Must include

jury demand attachment

Removal requires jury demand copy as labeled attachment.

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

Applies to

Notice of removal

Must include

civil cover sheet

Removal requires completed Civil Cover Sheet AO44.

(4) A completed Civil Cover Sheet (AO44).

Applies to

Notice of removal

Must include

state court records, verification of records

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

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.

Applies to

Notice of removal

Must include

jury trial preservation

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

(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.

Applies to

Notice of removal

Must include

citizenship identification

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

(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.

Applies to

Notice of removal

Must include

filing location

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

(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.

Applies to

Notice of pendency

Must include

filing deadline

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

(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).

Applies to

Habeas corpus petition

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

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.

Applies to

Habeas corpus petition

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

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.

Applies to

Habeas corpus petition

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

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.

Applies to

Habeas corpus petition

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

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.

Applies to

Habeas corpus petition

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

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.

Applies to

Habeas corpus petition

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

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.

Applies to

Habeas corpus petition

Must include

prior relief disclosure, execution date disclosure

Petitions must disclose prior relief attempts and execution dates.

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.

Applies to

Habeas corpus petition

Must include

certificate of service

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

(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:

Applies to

Evidentiary hearing

Must include

transcript

Transcript must be prepared and provided immediately after evidentiary hearing

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.

Applies to

Deposition

Must include

identification on record

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

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.

Applies to

All

Must include

name, address, phone number

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

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

Applies to

Agreement for individualized trial

Must include

certificate of service, certificate of conference

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

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.

Applies to

Joint individualized trial statement

Must include

certificate of service, certificate of conference

Joint Individualized Trial Statement required 7 days before conference

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

Applies to

Initial disclosure

Must include

certificate of service, certificate of conference

Initial disclosures due within 7 days of agreement approval

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.

Applies to

Case management order

Must include

certificate of service, certificate of conference

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

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.

Applies to

Expert witness

Must include

expert witness limit

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

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

Applies to

Trial procedure

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

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.

Applies to

Post trial motion

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

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.

Applies to

Notice of intent new trial

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

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

Applies to

New trial motion

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

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.

Applies to

Appeal procedure

Must include

other grounds waived, new trial motion required before appeal

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

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.

Applies to

Case filing

Must include

certificate of service

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

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.

Applies to

Case filing

Must include

certificate of service

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

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).

Applies to

All

Must include

date, signature

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

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

Applies to

Civil cover sheet

Must include

judge name, case number

Civil Cover Sheet is required with initial filing.

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).

Applies to

Civil cover sheet

Must include

name, address, phone number

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

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

Applies to

Registration form

Must include

name, case number, phone number +2 more

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

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.

Applies to

Registration form

Must include

case number

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

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.

Applies to

Summons

Must include

certificate of service

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

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.

Applies to

Summons

Must include

certificate of service

Pro se litigants cannot serve their own documents.

You may not serve your own documents.

Applies to

Proof of service

Must include

certificate of service

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

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.

Applies to

Proof of service

Must include

certificate of service

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

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

Applies to

Motion

Must include

noting date

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

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.

Applies to

Motion

Must include

oral argument requested

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

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.

Applies to

Notice of change

Must include

change of contact information

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

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).

Applies to

Complaint

Must include

caption

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

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

Applies to

Complaint

Must include

caption

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

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.

Applies to

Notice of related cases

Must include

caption, judge name, case number

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

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.

Applies to

Civil cover sheet

Must include

caption

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

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."

Applies to

Proof of service

Must include

caption

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

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.

Applies to

Motion

Must include

caption

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

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.

Applies to

Trial proceedings

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

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:

Applies to

Trial proceedings

Stand when court is opened, recessed, or adjourned

Stand as Court is opened, recessed, or adjourned.

Applies to

Trial proceedings

Stand when jury enters or exits in jury trials

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

Applies to

Trial proceedings

Stand when addressing or being addressed by the Court

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

Applies to

Trial proceedings

Stand at lectern when examining witnesses, except for handling exhibits

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.

Applies to

Trial proceedings

Address all remarks to the Court, not opposing counsel

Address all remarks to the Court, not to opposing counsel.

Applies to

Trial proceedings

Be respectful of opposing counsel, litigants, and witnesses

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

Applies to

Trial proceedings

Refer to all persons by surname, not first name

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

Applies to

Trial proceedings

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

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.

Applies to

Trial proceedings

Request permission before approaching the bench

Request permission before approaching the bench.

Applies to

Trial proceedings

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

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.

Applies to

Trial proceedings

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

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.

Applies to

Trial proceedings

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

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.

Applies to

Trial proceedings

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

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

Applies to

Trial proceedings

Do not face or address jurors when questioning witnesses

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

Applies to

Trial proceedings

Sidebar conferences presumptively not tolerated except in extraordinary circumstances

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.

Applies to

Opening statement

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

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