Western District of Washington Document Filing Requirements

CRITICALCivil cases

Applies to

Civil action

Civil actions must be accompanied by a Civil Cover Sheet, Form JS-44 revised, except specified actions filed by persons in custody.

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.

CRITICALCivil cases

Applies to

Proposed order for disbursement

When one order directs multiple checks, it must separately state the principal and interest due to 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.

CRITICALCivil cases

Applies to

Subsequent pleadings motions and other filings

All later pleadings, motions, and other filings must reflect the updated address, telephone number, and email.

All subsequent pleadings, motions or other filings shall reflect the new address, telephone number, and email.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

For other motions using the expedited procedure, the same timing and procedure apply, except the moving party sets out the requested relief and supporting authority instead of a discovery dispute and must submit a proposed order stating the requested relief.

The timing and procedure shall be the same as set forth above except that (1) instead of setting forth the disputed discovery request and the opposing party’s objection/response thereto, the moving party should set forth the relief requested and the legal authority that supports the requested relief, and (2) the moving party must submit a proposed order that sets forth the relief requested.

CRITICALCivil cases

Applies to

Document requiring court signature

A document requiring the court’s signature must include the presenting attorney’s signature preceded by “Presented by” on the left side of the last page, followed by the specified date and judicial-signature form.

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]”

CRITICALCivil cases

Applies to

Proposed amended pleading

A proposed amended pleading may not incorporate any part of the preceding pleading by reference, including exhibits.

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

CRITICALCivil cases

Applies to

Petition for admission

The admission petition must include good-character certificates from two reputable members of the court’s bar.

The petition must include the certificates of two reputable members of the bar of this court attesting to the petitioner’s good moral character.

CRITICALCivil cases

Applies to

Withdrawal stipulation and proposed order

A withdrawal stipulation and proposed order must be signed by all opposing counsel or pro se parties and, as appropriate, the party’s new counsel or the 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.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

The movant must serve and file the motion and proposed order and email chambers an editable Word-compatible version of the proposed order.

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.

CRITICALCivil cases

Applies to

Habeas petition or 2255 motion

Habeas petitions and § 2255 motions must use or substantially follow the district’s 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.

CRITICALCivil cases

Applies to

Disputed instruction

The opposing party’s submission must immediately follow the proposed language and include any alternative language, objections, and supporting legal authority.

(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).

CRITICALCivil cases

Applies to

Default judgment

A plaintiff seeking a nonstatutory interest rate must state the rate and reasons, and a request for prejudgment interest must state its accrual date and the basis for that date.

(B) If plaintiff is seeking interest and claims that an interest rate other than that provided by 28 U.S.C. § 1961 applies, plaintiff shall state the rate and the reasons for applying it. For prejudgment interest, plaintiff shall state the date on which prejudgment interest began to accrue and the basis for selecting that date.

CRITICALCivil cases

Applies to

Corporate disclosure statement

In diversity actions, the corporate disclosure statement must list the citizenship states of the party and identified owners, partners, or members.

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.

CRITICALCivil cases

Applies to

Invalidity contentions

Invalidity Contentions must be accompanied by production of prior art not in the file history, with English translations if needed.

With the “Invalidity Contentions,” the party opposing a claim of patent infringement must produce or make available for inspection and copying a copy of each item of prior art identified pursuant to Local Patent Rule 121(b) which does not appear in the file history of the patent(s) at issue. To the extent any such item is not in English, an accurate English translation of the portion(s) relied upon must be produced.

CRITICALCivil cases

Applies to

Petition for conditional admission

A qualifying federal attorney who is not a member of the Washington State Bar must file a conditional-admission petition stating their agency and the circumstances justifying admission.

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.

CRITICALCivil cases

Applies to

Legal document

A legal intern’s signature must be followed by “legal intern,” and court-presented or filed documents must also be signed by the supervising lawyer or a qualified lawyer from the same office.

When a legal intern signs any correspondence or legal document, the intern’s signature shall be followed by the title “legal intern” and, if the document is prepared for presentation to a court or for filing with the clerk thereof, the document shall also be signed by the supervising lawyer or lawyer from the same office as the supervising lawyer.

CRITICALCivil cases

Applies to

Pretrial order

The pretrial order must enumerate every agreed fact, regardless of admissibility, and note any admissibility objections.

The following facts are admitted by the parties: (Enumerate every agreed fact, irrespective of admissibility, but with notation of objections as to admissibility. List 1, 2, 3, etc.)

CRITICALCivil cases

Applies to

Stipulated motion

Must include

proposed order

A stipulated motion must be presented to the court with a proposed order.

“Stipulated Motion” is a stipulation (agreement) between or among the parties presented to the court with a proposed order.

CRITICALCivil cases

Applies to

Expert witness

Must include

resume cv

Expert witness resumes/CVs must be provided in exhibit notebooks

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

CRITICALCivil cases

Applies to

Deposition testimony

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

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

CRITICALCivil cases

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

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

CRITICALCivil cases

Applies to

Motion

Must include

certificate of conference

Motions (except dispositive) must include a certification of conferral, with at least 3 business days between conferral attempts and filing.

Except for dispositive motions, motions shall contain a certification that the parties have met and conferred. (But see Section II(F) infra, for conferral requirements as to motions to dismiss pursuant to Fed. R. Civ. P. 12(b).) The certification should be clearly visible within either the first substantive paragraph or the final paragraph of the motion. Parties must make a meaningful effort to confer prior to filing a motion. Parties should provide for at least three (3) business days between attempts to confer and a motion's filing.

CRITICALCivil cases

Applies to

Joint pretrial statement

Must include

verdict forms, proposed joint voir dire, proposed joint jury instructions

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

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

CRITICALCivil cases

Applies to

Witness procedure

Witness sequestration rule - witnesses excluded except while testifying

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

CRITICALCivil cases

Applies to

Objection procedure

Speaking objections in presence of jury are not permitted

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

CRITICALCivil cases

Applies to

Deposition testimony

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

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

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

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

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

CRITICALCivil cases

Applies to

Exhibit list

Must include

word format

Exhibit list must be emailed to courtroom deputy in Word format

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

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

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

CRITICALCivil cases

Applies to

Objection procedure

Objections must be made standing using shorthand phrases

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

CRITICALCivil cases

Applies to

Trial procedures

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.

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.

CRITICALCivil cases

Applies to

Joint pretrial statement

Joint pretrial statement due 28 days before trial.

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):

CRITICALCivil cases

Applies to

Discovery motion

Must include

certificate of conference

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

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

CRITICALCivil cases

Must include

early arrival

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

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

CRITICALCivil cases

Applies to

Deposition testimony

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

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

CRITICALCivil cases

Applies to

Joint glossary

Must include

submission deadline

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

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

CRITICALCivil cases

Applies to

Trial briefs

Trial briefs not allowed unless court orders otherwise.

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

CRITICALCivil cases

Witnesses must not 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.

CRITICALCivil cases

Applies to

Witness list

Must include

word format

Witness list must be emailed to courtroom deputy in Word format

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

CRITICALCivil cases

Applies to

Court appearance

Must include

counsel authority

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

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

CRITICALCivil cases

Applies to

Videotaped deposition

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

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

CRITICAL

Applies to

Jury instructions

Must include

legal argument

Counsel are expected to submit agreed additional instructions and each side’s disputed proposed instructions with explanations and supporting citations.

Counsel will be expected to submit to the Court (1) any further instructions upon which the opposing parties have conferred and agreed and (2) each side's proposed jury instructions upon which no agreement has been reached, along with explanations and any citations supporting differing positions.

CRITICAL

Applies to

Stipulated motion

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

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

CRITICAL

Applies to

Exhibits

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

Exhibits must be presented to the Court prior to the trial date.

CRITICAL

Applies to

Stipulated motion

Must include

proposed order

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

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

CRITICAL

Applies to

Stipulation

Must include

proposed order

Stipulations must include a proposed order for the Judge to sign.

When filing stipulations, include a proposed order for the Judge to sign

CRITICAL

Applies to

Exhibits

Exhibits must use the specified numbering formats for plaintiff and defendant exhibits.

Exhibits must be numbered as follows: Plaintiff: 00001 Defendant: A0001 00002 A0002 00003 A0003 00003a A0003a

CRITICAL

Applies to

Exhibits

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

Exhibits must be presented to the Court prior to the trial date.

CRITICAL

Applies to

Exhibits

Exhibits must follow the Court’s specified numbering format.

Exhibits must be numbered as follows:

CRITICALCriminal cases

Applies to

Jury selection

Plaintiff gets 6 peremptory challenges, defense gets 10.

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