Western District of Washington Document Filing Requirements

CRITICALCivil cases

Applies to

Motion

A motion for leave to amend must include the proposed amended pleading as an exhibit.

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.

CRITICALCivil cases

Applies to

Notice of change in status

An attorney whose status changes so that they no longer meet LCR 83.1(b) requirements must notify the Clerk of Court in writing within 10 days.

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.

CRITICALCivil cases

Applies to

Pleading

When a party contends that a three-judge-court hearing is required, the pleading making that allegation must display “THREE JUDGE COURT” in capital letters in the specified first-page location, unless the court rules the cause is not properly before such a court.

If the case is such that any party contends that it will require a hearing before a three judge court, the words “THREE JUDGE COURT” shall be typed in capital letters on the first page of the complaint, answer, or other pleading making such allegation immediately below the name of the pleading to the right of the name of the cause, unless the court rules that the cause is not properly before a three judge court.

CRITICALCivil cases

Applies to

Complaint

A prisoner § 1983 complaint must use a court-supplied form, or, if the plaintiff is represented by an attorney, contain all information requested in that form.

Such complaints shall be on the forms supplied by the court or, if a plaintiff is represented by an attorney, must contain all of the information requested in the form.

CRITICALCriminal cases

Applies to

Petition for reinstatement

Petitions for reinstatement after disbarment must include a Petition for Admission and pay the applicable fee.

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.

CRITICALCivil cases

Applies to

Motion exhibits

Filing parties must submit only germane or contextually necessary exhibit excerpts and clearly and prominently identify them as excerpts.

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.

CRITICALCivil cases

Applies to

Motion exhibits

Exhibits must mark the testimony or evidence cited in the filings, using clear markings that preserve legibility.

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.

CRITICALCivil cases

Applies to

Pretrial order

The prescribed pretrial-order form should be used as far as possible in all trials except land-condemnation cases.

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

CRITICALCivil cases

Applies to

Registry deposit order

Each signed order for a registry deposit must include the specified deposit direction language.

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 $____.”

CRITICALCivil cases

Applies to

Jury instructions

If the parties cannot agree on a complete set, they must file a Joint Instructions document and a Joint Statement of Disputed Instructions in the specified order.

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:

CRITICALCivil cases

Applies to

Default judgment

A fee request in a default-judgment motion must state the basis for an award and include counsel’s declaration establishing a reasonable amount, with applicable rate, hours, and tasks.

(C) If plaintiff seeks attorney’s fees, plaintiff must state the basis for an award of fees and include a declaration from plaintiff’s counsel establishing the reasonable amount of fees to be awarded, including, if applicable, counsel’s hourly rate, the number of hours worked, and the tasks performed.

CRITICALCivil cases

Applies to

Pretrial order

The pretrial order must identify each party’s non-expert trial witnesses by name and address and describe generally their testimony.

The names and addresses of witnesses, other than experts, to be used by each party at the time of trial and the general nature of the testimony of each are:

CRITICALCivil cases

Applies to

Motion

A motion for interpleader deposit is required and must identify the funds as being deposited into CRIS for the Disputed Ownership Fund.

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.

CRITICALCivil cases

Applies to

In forma pauperis application

Applicants seeking to proceed without prepaying fees must complete the district-approved application for their case type and file written consent concerning payment from any 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.

CRITICALCivil cases

Applies to

Civil action

Civil actions invoking jurisdiction under 28 U.S.C. § 1338 must include Form AO 120 in patent and trademark matters and Form AO 121 in copyright matters.

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.

CRITICALCivil cases

Applies to

Notice of bankruptcy filing

A Notice of Bankruptcy Filing must identify the filing party, filing date and court, and state the party’s position on whether the automatic stay applies.

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.

CRITICALCivil cases

Applies to

Notice of pendency of other action

A Notice of Pendency of Other Action must include identifying details, the relationship between the actions, and statements about possible transfer 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.

CRITICALCivil cases

Applies to

Motion for costs

A motion for costs must include a declaration under penalty of perjury verifying the accuracy and necessity of requested costs and charged services.

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.

CRITICALCivil cases

Applies to

Habeas petition or 2255 motion

If someone other than the party in custody makes and verifies the petition or motion, that person must explain why and state the basis of their knowledge, including information sources when relying on information and belief.

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.

CRITICALCivil cases

Applies to

Motion to proceed pro se

Must include

certificate of service

A represented party may not act pro se until moving to proceed on their own behalf, certifying service of the motion on current counsel and the opposing party, and obtaining a substitution order, although the court may hear the party in open court at its discretion.

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.

CRITICALCivil cases

Applies to

Pretrial order

The pretrial order must list and state each legal issue; a simple statement of the ultimate issue is not accepted, and parties who cannot agree may provide separate statements.

The following are the issues of law to be determined by the court: (List 1, 2, 3, etc., and state each issue of law involved. A simple statement of the ultimate issue to be decided by the court, such as “Is the plaintiff entitled to recover?” will not be accepted.) If the parties cannot agree on the issues of law, separate statements may be given in the pretrial order.

CRITICALCivil cases

Applies to

Default judgment

A default-judgment motion seeking amounts must explain their calculation and support the amounts with evidence; a contract-based claim also requires the contract and citations to relevant provisions.

(A) Plaintiff 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.

CRITICALCivil cases

Applies to

Proposed order

Must include

proposed order

The moving party must prepare a proposed order identifying each disputed discovery request and leaving space for the court’s decision.

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.

CRITICALCivil cases

Applies to

Amicus brief

An amicus brief must include the information required by the specified provisions of Federal Rule of Appellate Procedure 29.

The amicus brief shall contain the information required by Fed. R. App. P. 29(a)(4)(A), (D), and (E).

CRITICALCivil cases

Applies to

Complaint

The class-action allegations must state the size or approximate size and definition of the alleged class.

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

CRITICALCivil cases

Applies to

Notice of removal

For diversity removals, the notice of removal must identify party citizenship and, where possible, the citizenship of LLC owners or partnership members or partners.

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.

CRITICALCivil cases

Applies to

Civil cover sheet

A plaintiff must list related cases in the Civil Cover Sheet and file a Notice of Related Cases with its first appearance if related cases exist.

(1) 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;

CRITICALCivil cases

Applies to

Proposed pretrial order

Must include

proposed order

Unless otherwise ordered, the proposed pretrial order must bear counsel’s signatures for each party and 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.

CRITICALCivil cases

Applies to

Notice of withdrawal

When withdrawal will not leave the client unrepresented, court leave is unnecessary, but a Notice of Withdrawal must state that the client remains represented, identify the attorneys, and be signed by the withdrawing and remaining attorneys unless the notice details why the withdrawing attorney’s signature cannot be obtained.

Where a party is represented by multiple attorneys from the same or different firms and one or more attorneys wish to withdraw but will not leave the client without representation, leave of the court to withdraw is not required. 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. The Notices shall be signed by the withdrawing attorney(s) and the remaining attorney(s) of record to confirm that fact. If circumstances prevent obtaining the signature of the withdrawing attorney(s), the Notice must state those circumstances in sufficient detail to satisfy the court that those circumstances in fact preventing obtaining signature.

CRITICALCivil cases

Applies to

Proposed order for disbursement

Each proposed order for disbursement of registry funds must include the specified check-drawing and payment language.

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).”

CRITICALCivil cases

Applies to

Complaint

A class-action complaint must include a separate heading styled “Class Action Allegations.”

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

CRITICALCivil cases

Applies to

Jury instructions

All jury instructions submitted to the court must include a table of contents identifying each instruction’s number, title, source, page number, and proposing party.

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).

CRITICALCivil cases

Applies to

Petition

A petition to perpetuate testimony must specify how the deposition will be taken and recorded; if remote, it must include specified remote-deposition provisions in the proposed order.

The petition must state the specific means by which the proponent seeks to take and record the deposition, including whether it will be remote or in person. If remote, the petition must include in the proposed order how exhibits will be handled, by what means persons including the deponent shall participate, 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

Discovery motion

Must include

certificate of conference

A motion to compel disclosure or discovery must include a certification describing the good-faith conference or attempted conference, including its date, manner, and participants.

Any motion for an order compelling disclosure or discovery must include a certification, in the motion or in a declaration or affidavit, that the movant has in good faith conferred or attempted to confer with the person or party failing to make disclosure or discovery in an effort to resolve the dispute without court action. The certification must list the date, manner, and participants to the conference.

CRITICALCivil cases

Applies to

Trial exhibits

Must include

exhibit list

Unless the court orders otherwise, appearing parties must provide the clerk with marked and tagged trial exhibits on the morning of trial, including an original and a copy of each, although leave to dispense with copies may be sought when copying or using copies would be impractical.

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.

CRITICALCivil cases

Applies to

Arbitration agreement

An agreement waiving trial de novo must specifically state that the arbitration is final and conclusive.

If the parties agree that the arbitration is to be final and conclusive, with trial de novo waived, the agreement shall specifically so provide.

CRITICALCivil cases

Applies to

Stipulated motion

A stipulated motion changing court-set dates or schedules must clearly state the reasons justifying the proposed change.

If a stipulated motion would alter dates or schedules previously set by the court, the parties shall clearly state the reasons justifying the proposed change.

CRITICALCivil cases

Applies to

Default judgment

A motion for default judgment must include a declaration and evidence establishing entitlement to the requested monetary and nonmonetary relief.

Plaintiff must support a motion for default judgment with a declaration and other evidence establishing plaintiff’s entitlement to a sum certain and to any nonmonetary relief sought.

CRITICALCivil cases

Applies to

Withdrawal motion

Must include

certificate of service

A withdrawal motion must be noted under LCR 7(d)(3) and certify service on the client and opposing counsel.

A motion for withdrawal shall be noted in accordance with LCR 7(d)(3) and shall include a certification that the motion was served on the client and opposing counsel.

CRITICALCivil cases

Applies to

Habeas petition or 2255 motion

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

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

CRITICALCivil cases

Applies to

Pleading

A pleading asserting a claim cognizable only in admiralty must place “IN ADMIRALTY” in capital letters above the cause number on its first page.

The words “IN ADMIRALTY” shall be typed in capital letters above the cause number on the first page of a pleading setting forth a claim which is cognizable only in admiralty.

CRITICALCivil cases

Applies to

Reinstatement petition

A reinstatement petition must be filed with the Clerk of Court and include the specified prior orders and a concise statement of facts justifying reinstatement.

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.

CRITICALCivil cases

Applies to

Electronic exhibits

Electronic exhibits must be provided on a secure electronic device unless the court orders otherwise.

Electronic exhibits must be provided via a secure electronic device (e.g., USB stick) unless otherwise ordered by the court.

CRITICALCivil cases

Applies to

Pro hac vice application

A pro hac vice application must be filed promptly with the clerk and include the specified firm, need, rule-compliance, and disciplinary information.

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.

CRITICALCivil cases

Applies to

Motion

A party seeking oral argument must place “ORAL ARGUMENT REQUESTED” in the caption of its motion or responsive memorandum.

A party desiring oral argument shall so indicate by including the words “ORAL ARGUMENT REQUESTED” in the caption of its motion or responsive memorandum.

CRITICALCivil cases

Applies to

Motion

Must include

certificate of conference

A motion in limine must certify that the movant in good faith conferred or attempted to confer with affected parties to resolve disputed matters.

Any motion in limine must include a certification that the movant has in good faith conferred or attempted to confer with other affected parties in an effort to resolve which matters really are in dispute.

CRITICALCivil cases

Applies to

Arbitration agreement

An arbitration agreement must certify that the parties had access to program materials and agreed freely and knowingly.

Any agreement shall include a certification that the parties have been provided access to materials describing the arbitration program, and agree to arbitration freely and knowingly.

CRITICALCivil cases

Applies to

Notice of related cases

Unless the related action was already listed, parties who have appeared must notify the court of a potentially related district action within five days of learning of it.

(3) 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.

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Opening brief

The cover page of each opening brief must state the responsive brief’s due date beneath the title.

The cover page of an opening brief shall note, under the title, “Due Date: [Date],” where the date shall be the date that the responsive brief is due.

CRITICALCivil cases

Applies to

Notice of pendency of other action

A party must file a Notice of Pendency of Other Action within five days of learning of a qualifying action in another court, administrative body, or arbitration forum.

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.