Western District of Washington Document Filing Requirements

CRITICALCivil cases

Applies to

Amended contentions

Amendments to Infringement or Invalidity Contentions require court order upon a showing of good cause.

Amendment of the Infringement Contentions or the Invalidity Contentions may be made only by order of the Court upon a timely showing of good cause. Non-exhaustive examples of circumstances that may, absent undue prejudice to the non-moving party, support a finding of good cause include: (a) a claim construction by the Court different from that proposed by the party seeking amendment; (b) recent discovery of material prior art despite earlier diligent search; and (c) recent discovery of nonpublic information about the Accused Device which was

CRITICALCivil cases

Applies to

Joint pretrial statement

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

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

CRITICALCriminal cases

Applies to

Notice of intent to enter guilty plea

Defense counsel must file a Notice of Intent to Enter a Guilty Plea containing specified information when pleading guilty without a written plea agreement.

If a defendant chooses to plead guilty without a written Plea Agreement, defense counsel must file a Notice of Intent to Enter a Guilty Plea, which includes the following information: (A) The counts and offenses to which the defendant intends to plead guilty; (B) The elements of each offense; (C) The minimum and maximum penalties of each offense; (D) Known collateral consequences of the guilty plea; (E) A statement of facts the defendant is prepared to admit under oath; (F) A statement by counsel that he or she has reviewed the rights the defendant waives upon entry of a guilty plea; and (G) A statement verifying that counsel has relayed all plea offers and that the defendant did not accept them.

CRITICAL

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.

CRITICALCivil cases

Applies to

Civil cover sheet

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

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

CRITICALCivil cases

Applies to

Motion

Must include

certificate of conference

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

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

CRITICALCivil cases

Applies to

Pretrial order

The pretrial order must identify each party’s trial experts by name and address and state the issue on which each will testify.

The name(s) and addresses of the expert witness(es) to be used by each party at the trial and the issue upon which each will testify is:

CRITICALCivil cases

Applies to

Motion

A temporary restraining order motion must include contact information for opposing counsel or an unrepresented opposing party.

The motion must also include contact information for the opposing party’s counsel or for an unrepresented party.

CRITICALCivil cases

Applies to

Settlement conference

Must include

response by defendant, settlement demand by plaintiff

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

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

CRITICALCivil cases

Applies to

Jury instructions

The parties must propose instructions from the most recent version of the Manual of Model Jury Instructions.

The parties shall propose instructions from the most recent version of the Manual of Model Jury

CRITICAL

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.

CRITICALCivil cases

Applies to

Pro hac vice application

Local counsel must review, sign, and electronically file the applicant’s pro hac vice application.

Local counsel must review, sign, and electronically file the applicant’s pro hac vice application.

CRITICALCivil cases

Applies to

Sealed document

A sealed document’s first page must be prominently marked “FILED UNDER SEAL.”

A party filing a document under seal shall prominently mark its first page with the phrase “FILED UNDER SEAL.”

CRITICALCivil cases

Applies to

Motion

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

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

CRITICALCivil cases

Applies to

Motion

Must include

certificate of conference

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

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

CRITICALCivil cases

Applies to

Pleadings motions and other filings

Citations to filed record documents must identify the docket number and page, and citations to legal authority must include page numbers.

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.

CRITICALCivil cases

Applies to

Amended pleading

An amended pleading filed by written consent may not incorporate any part of the preceding pleading by reference, including exhibits.

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

CRITICALCivil cases

Applies to

Pretrial order

Counsel must assemble one properly paginated pretrial order.

Counsel shall assemble a single pretrial order, properly paginated.

CRITICALCriminal cases

Applies to

Application for leave to appear as legal intern

The Legal Intern application must include the name and signature of the supervising lawyer.

The application shall give the name of, and shall be signed by, the supervising lawyer who, in doing so, shall assume the responsibilities of supervising lawyer set forth in this rule if the applicant is granted a limited license as a legal intern.

CRITICALCivil cases

Applies to

Court filing with hyperlinks

Parties using hyperlinks in court filings must also provide traditional citations to the cited authority.

To preserve the integrity of the court record, parties wishing to include hyperlinks in court filings shall continue to use the traditional citation method for the cited authority, in addition to the hyperlink.

CRITICALCivil cases

Applies to

Complaint

For a class action claimed to be maintainable under Rule 23(b)(3), the class-action allegations must include allegations supporting the findings required by that subdivision.

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.

CRITICALCivil cases

Applies to

Complaint

A diversity-jurisdiction complaint must identify the parties’ citizenship and, for an LLC, LLP, or partnership, the citizenship of its owners, partners, or members.

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.

CRITICALCivil cases

Applies to

Motions and other filings

Unless the court waives the requirement, local counsel must review and sign all motions and other filings, ensure compliance with local rules, and remind pro hac vice counsel of the court’s professionalism and civility expectations.

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.

CRITICAL

Applies to

Trial proceedings

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.

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.

CRITICALCivil cases

Applies to

Pretrial order

For every witness, indicate whether the witness will testify or is only a possible witness and identify deposition witnesses; rebuttal witnesses whose need cannot reasonably be anticipated before trial need not be named.

(As to each witness, expert or others, indicate “will testify,” or “possible witness only.” Also indicate which witnesses, if any, will testify by deposition. Rebuttal witnesses, the necessity of whose testimony cannot reasonably be anticipated before trial, need not be named.)

CRITICALCivil cases

Applies to

Motion for leave to file amicus brief

Must include

proposed order

A motion for leave to file an amicus brief must state specified information and party positions and include a proposed order and the proposed brief.

A motion for leave to file an amicus brief shall concisely state the nature of the movant’s interest; identify the party or parties supported, if any; and set forth the reasons why an amicus brief is desirable, why the movant’s position is not adequately represented by a party, and why the matters asserted are relevant to the disposition of the case. The motion shall state the position of each party as to the filing of such a brief and be accompanied by a proposed order and a copy of the proposed amicus brief.

CRITICALCivil cases

Applies to

Proposed findings conclusions

Must include

proposed findings conclusions

Proposed findings and conclusions must not be filed before trial.

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

CRITICALCivil cases

Applies to

Joint individualized trial statement

The parties must file a Joint Individualized Trial Statement seven days before the individualized trial conference covering the specified topics, unless already addressed in the Joint Status Report or otherwise ordered.

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:

CRITICALCivil cases

Applies to

Motion for reconsideration

A reconsideration motion must specifically identify overlooked or misapprehended matters, new matters, and the requested modifications to the prior ruling.

The motion shall point out with specificity the matters which the movant believes were overlooked or misapprehended by the court, any new matters being brought to the court’s attention for the first time, and the particular modifications being sought in the court’s prior ruling.

CRITICALCivil cases

Must include

readily contactable authority, counsel authority to negotiate

Counsel without settlement authority may be sanctioned.

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

CRITICALCivil cases

Applies to

Order to show cause

The order to show cause must warn that failing to respond timely may be deemed acquiescence to discipline.

The order to show must also state that the failure to file a timely response may be deemed acquiescence to the imposition of discipline.

CRITICALCivil cases

Applies to

Discovery motion

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

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

CRITICALCivil cases

Applies to

Motion for reconsideration

A motion for reconsideration must be plainly labeled as a motion for reconsideration.

A motion for reconsideration shall be plainly labeled as such.

CRITICALCivil cases

Applies to

Surreply

Must include

leave of court

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

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

CRITICAL

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.

CRITICAL

Applies to

Trial proceedings

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.

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.

CRITICALCivil cases

Applies to

Pleading

A pleading asserting an admiralty claim also within the court’s jurisdiction on another ground must place “AT LAW AND IN ADMIRALTY” in capital letters above the cause number on its first page.

The words “AT LAW AND IN ADMIRALTY” shall be typed in capital letters above the cause number on the first page of a pleading setting forth a claim for relief within the admiralty and maritime jurisdiction that is also within the jurisdiction of the court on some other ground.

CRITICALCivil cases

Applies to

Motion exhibits

Exhibits supporting or opposing a motion must be clearly marked with divider pages.

All exhibits submitted in support of or opposition to a motion must be clearly marked with divider pages.

CRITICALCivil cases

Applies to

Disputed instruction

The disputed-instruction submission must identify the proposing party and include supporting legal authority with the proposed language at the top of the page.

(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);

CRITICALCivil cases

Applies to

Pretrial order

Counsel must file the deposition designations with the pretrial order.

Counsel shall then file the deposition designations with the pretrial order.

CRITICALCivil cases

Applies to

Brief

Must include

word count

When a word limit applies, the signature block must certify the document’s word count using substantially the stated language.

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.”

CRITICALCivil cases

Applies to

Memorandum

A summary-judgment motion or response must include the statement of material facts or opposing statement of facts within its memorandum.

A party filing a motion for summary judgment or a response thereto shall not separately file a statement of material facts or opposing statement of facts but shall include them within the memorandum

CRITICALCivil cases

Applies to

Petition for admission

When a conditionally admitted attorney ceases qualifying federal employment, the attorney must file a regular admission petition and pay the applicable fee.

If a conditionally admitted attorney ceases to be employed as an attorney for the United States or one of its agencies, the conditional admission will be revoked and the attorney must file a petition for admission as set forth in LCR 83.1(c)(1) and pay the applicable fee.

CRITICALCivil cases

Applies to

Discovery motion

Must include

proposed order

The moving party must file the motion containing both parties’ positions, submitted declarations, and the proposed order.

The moving party shall be responsible for filing the motion containing both parties’ positions on the discovery disputes, any declarations submitted by the parties, and the proposed form of order.

CRITICALCivil cases

Applies to

Corporate disclosure statement

Covered nongovernmental parties must file a corporate disclosure statement identifying specified ownership interests or stating that none must be identified.

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

CRITICAL

Applies to

Motion for temporary restraining order

All motions for temporary restraining orders must comply with Federal Rule of Civil Procedure 65 and Local Civil Rule 65.

All motions for temporary restraining orders must meet the requirements of Federal Rule of Civil Procedure 65 and Local Civil Rule 65.

CRITICALCivil cases

Must include

settlement authority present

Settlement authority must be present or available by phone.

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

CRITICALCivil cases

Applies to

Registry deposit

Must include

proposed order

Each deposit into the Court Registry must be accompanied by a judge-signed order approving the deposit.

All deposits into the Registry of the Court must be accompanied by an order approving the deposit signed by a judge.

CRITICALCivil cases

Must include

in person attendance

Parties within 100 miles must attend settlement conference in person.

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

CRITICALCivil cases

Applies to

Pretrial order

The pretrial order must number each exhibit using the number that will identify it at trial and provide the listed information in table format.

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: