Western District of Washington Document Filing Requirements

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

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.

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

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

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

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

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

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

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:

CRITICALCivil cases

Applies to

Motion

The noting-date caption must use the specified “NOTE ON MOTION CALENDAR” wording and date format.

The form for this notation shall be as follows: NOTE ON MOTION CALENDAR: [insert date noted for consideration]

CRITICALCivil cases

Applies to

Notice of removal

Must include

certificate of service

Removing defendants must file specified documents and copies contemporaneously with the notice of removal, including a certificate of service, with the stated attachment, labeling, verification, and certification-cost conditions.

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.” (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. (3) A copy of any Jury Demand filed in the state court, which must be filed as an attachment and labeled “Jury Demand.” (4) A completed Civil Cover Sheet (AO44). (5) 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. The copies need not be certified or exemplified by the state court, and the added cost of certification or exemplification will not be allowed as a cost item under 28 U.S.C. § 1920(4) unless certification is required after an opposing party challenges the accuracy of the copies.

CRITICALCivil cases

Applies to

Complaint

A class-action complaint must place the legend “Complaint—Class Action” next to its caption.

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

CRITICALCivil cases

Applies to

Esi related motion

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.

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.

CRITICALCivil cases

Applies to

Complaint

The class-action allegations must identify the alleged questions of law and fact claimed to be common to the class.

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

CRITICALCivil cases

Applies to

Withdrawal filing

An attorney withdrawing from representation of a business entity other than a sole proprietorship must certify that the entity was advised of its counsel requirement and the potential consequences of failing to obtain replacement counsel by the effective withdrawal date.

A business entity, except a sole proprietorship, must be represented by counsel. 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 result in the dismissal of the business entity’s claims for failure to prosecute and/or entry of default against the business entity as to any claims of other parties.

CRITICALCivil cases

Applies to

Motion

If a motion relies on facts outside the record, the movant must serve and file copies of the supporting affidavits, declarations, photographs, 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.

CRITICALCivil cases

Applies to

Deposition notice

A deposition notice must state whether the deposing party intends to take the deposition remotely.

The notice must state whether the deposing party intends that deposition to be taken by remote means as provided in, and subject to, Fed. R. Civ. P. 30(b).

CRITICALCivil cases

Applies to

Joint notice

When amending by written consent, the party must file a joint notice memorializing consent with a redlined amended pleading attached.

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.

CRITICALCriminal cases

Applies to

Plea agreement

Without court approval, plea agreements in felony cases shall be in writing and signed by the defendant, the defendant’s attorney and the attorney for the government. Unless otherwise ordered, all felony plea agreements shall set forth a factual basis for the plea.

Without court approval, plea agreements in felony cases shall be in writing and signed by the defendant, the defendant’s attorney and the attorney for the government. Unless otherwise ordered, all felony plea agreements shall set forth a factual basis for the plea.

CRITICALCivil cases

Applies to

Court order

When a deposition under FRCP 27(a)(3) will be remote, the court’s order must address exhibit handling, participation, other necessary particulars, and use of the deposition.

If the court issues an order as provided in FRCP 27(a)(3) and the deposition will be taken remotely, the court’s order shall include provisions for how exhibits will be handled, by what means persons including the deponent shall participate, any other particulars necessary to the taking of a remote deposition, and that the deposition may be used in the same way as any other deposition.

CRITICALCivil cases

Applies to

Withdrawal motion

A withdrawal motion that would leave a party unrepresented must include that party’s address and telephone number.

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

CRITICALCivil cases

Applies to

Motion

Every motion must state its noting date in the caption immediately below the motion 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.

CRITICALCriminal cases

Applies to

Filing

Parties must redact passport numbers and driver license numbers in their entirety from filings.

In addition to redactions required by Fed. R. Crim. P. 49.1, parties shall redact in their entirety Passport Numbers and Driver License Numbers.

CRITICALCriminal cases

Applies to

Motion

Must include

proposed order

Each motion must be accompanied by a proposed order.

The moving party shall file and serve on each party that has appeared in the action the motion and a proposed order.

CRITICALCriminal cases

Applies to

Motion

Must include

certificate of service

Motions for withdrawal must include a certification of service on the client and opposing counsel and must be noted per CrR 12(b).

A motion for withdrawal shall be noted in accordance with CrR 12(b) and shall include a certification that the motion was served on the client and opposing counsel.

CRITICALCivil cases

Applies to

Discovery motion

The expedited submission must be noted for consideration on its filing date and titled “LCR 37 Joint Submission.”

The submission shall be noted for consideration on the date of filing and shall be described as a “LCR 37 Joint Submission.”

CRITICALCivil cases

Applies to

Motion for disbursement

A motion to disburse registry funds must state the initial principal deposit, the principal amount to be disbursed, and the recipient.

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.

CRITICALCivil cases

Applies to

LCR 37 submission

Must include

certificate of conference

An LCR 37 submission must certify that it includes the responding party’s full response and that the parties conferred to attempt to resolve the discovery dispute.

I certify that the full response by the responding party has been included in this submission, and that prior to making this submission the parties conferred to attempt to resolve this discovery dispute in accordance with LCR 37(a).

CRITICALCivil cases

Applies to

Proposed order

The proposed order accompanying the motion must identify the interpleader funds using the specified language.

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.”

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Joint claim construction and prehearing statement

The Joint Claim Construction and Prehearing Statement must include the parties’ agreed and disputed constructions, supporting references and evidence, prioritized disputed terms, hearing information, and the parties’ positions on testimony, a tutorial, a pre-hearing conference, and an independent expert.

Not later than 45 days after service of the “Preliminary Claim Constructions,” the parties shall complete and file a Joint Claim Construction and Prehearing Statement, which shall contain the following information: (a) The construction of those claim terms, phrases, or clauses on which the parties agree; (b) Each party’s proposed construction of each disputed claim term, phrase, or clause, together with an identification of all references from the specification or prosecution history that support that construction, and an identification of any extrinsic evidence on which it intends to rely either to support its proposed construction of the claim or to oppose any other party’s proposed construction of the claim in the format of the Sample Joint Claim Chart in Appendix 2 to these Local Patent Rules; (c) The ten most important disputed claim terms. If the parties cannot agree on such terms, then they shall set forth the disputed terms upon which they agree, and each party shall identify any additional terms it believes should be construed, with a brief explanation as to why it believes the construction of such terms are important. The Court will construe a maximum of ten claim terms at the initial Markman hearing, unless the Court determines otherwise. Prioritization should be guided by the twin goals of narrowing the issues and choosing the ten claim terms for which a claim construction would be most productive in terms of setting the groundwork for possible settlement. (d) The anticipated length of time necessary for the Claim Construction Hearing; (e) The proposed order of presentation at the Claim Construction Hearing; (f) The parties’ position on whether, why, and the extent to which the Court should consider live testimony at the Claim Construction Hearing, including the identity of any witnesses a party proposes to call, and for each expert, the disclosure required by Fed. R. Civ. P. 26(a)(2)(B) as to opinions to be offered at the Claim Construction Hearing; (g) The parties’ position as to whether there should be a tutorial on the subject matter of the patent(s) at issue and, if so, the timing of such a tutorial; (h) Whether a pre-hearing conference, prior to the Claim Construction Hearing, is necessary and, if so, the proposed subjects to be addressed and proposed dates for such conference; and (i) Whether the parties believe the Court should appoint an independent expert.

CRITICALCivil cases

Applies to

Electronic exhibits

The party offering electronic exhibits must provide a paper index with them.

The party offering the electronic exhibit(s) must include an index on paper with the electronic exhibits.

CRITICALCivil cases

Applies to

Complaint

The class-action allegations must state the basis for the plaintiff’s claim to be an adequate representative, or, for a defendant class, the basis for the named parties’ adequate representation.

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.