Western District of Washington Document Filing Requirements

CRITICALCivil cases

Applies to

Default judgment

Must include

declaration, attorney fees, liquidated damages +10 more

Motions for default judgment seeking attorney’s fees must state basis and include counsel’s declaration.

If Plaintiffs seek attorney’s fees, Plaintiffs must state the basis for attorney’s fees and must include a declaration from Plaintiffs’ counsel establishing the reasonable amount of fees to be awarded.

CRITICALCivil cases

Applies to

Default judgment

Must include

declaration, attorney fees, liquidated damages +3 more

Motions for default judgment must separately state principal claim, liquidated damages, pre/post-judgment interest, and attorney’s fees.

Plaintiffs shall separately state the amounts owing on the principal claim, liquidated damages (if applicable), pre- and postjudgment interest on the principal claim (if applicable), and reasonable attorney’s fees (if applicable).

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.

CRITICALCivil cases

Applies to

Default judgment

Must include

declaration

A declaration must accompany motions for default judgment.

Plaintiffs shall support a motion for default judgment with a declaration.

CRITICAL

Applies to

Exhibit

Must include

delivery to in court clerk

Original and one copy of exhibits/depositions must be delivered to In-Court Clerk one day before trial

The original and one copy of the exhibits/depositions are to be delivered to the In-Court Clerk one day before the start of the trial.

CRITICALCivil cases

Applies to

Default judgment

Must include

declaration, attorney fees, liquidated damages +4 more

Motions for default judgment must include a concise explanation of how all amounts were calculated.

Plaintiffs shall provide a concise explanation of how all amounts were calculated. If the court is not certain about how a particular amount was calculated, the court will not award that amount.

CRITICAL

Applies to

Exhibit list

Must include

revised list filing

Revised exhibit or witness lists must be filed with the court

If the exhibit or witness list is revised at any time after it is filed with the court, counsel shall file a revised list with the court.

CRITICALCivil cases

Applies to

Default judgment

Must include

declaration, attorney fees, liquidated damages +6 more

Motions for default judgment seeking liquidated damages must provide evidence of entitlement and amount.

If Plaintiffs seek liquidated damages, Plaintiffs shall provide evidence establishing an entitlement to liquidated damages and any other information needed to determine the amount of liquidated damages.

CRITICALCivil cases

Applies to

Default judgment

Must include

declaration, attorney fees, liquidated damages +7 more

Motions for default judgment must state interest rate and reasons if using a rate other than 28 U.S.C. § 1961.

If an interest rate other than that provided by 28 U.S.C. § 1961 applies, Plaintiffs shall state the rate and the reasons for applying it.

CRITICALCivil cases

Applies to

Default judgment

Motions for default judgment must comply with Local Rule CR 55.

Plaintiffs shall comply with Local Rules W.D. Wash. CR 55.

CRITICALCivil cases

Applies to

Default judgment

Must include

declaration, attorney fees, liquidated damages +5 more

Motions for default judgment must provide evidence establishing the principal claim amount, including contract portions if applicable.

Plaintiffs shall provide evidence establishing the amount of the principal claim. If the claim is based on one or more contracts, the relevant portion(s) of the contract(s) shall be attached to the declaration. If further information is required to determine the amount of the principal claim (e.g., the number of hours worked under an employment contract), Plaintiffs shall provide that information.

CRITICALCivil cases

Applies to

Default judgment

Must include

declaration, attorney fees, liquidated damages +7 more

Motions for default judgment must state prejudgment interest accrual date and basis.

For prejudgment interest, Plaintiffs shall state the date on which prejudgment interest began to accrue and the basis for selecting that date.

CRITICAL

Applies to

Exhibit or witness list

If an exhibit or witness list is revised after filing, counsel must file the revised list with the court.

If the exhibit or witness list is revised at any time after it is filed with the court, counsel shall file a revised list with the court.

CRITICAL

Applies to

Jury instructions

Counsel must comply with all procedures in Local Rule 51.

Counsel are required to review and comply with all procedures set forth in Local Rule 51.

CRITICAL

Applies to

Motion

Must include

proposed order

Proposed order required with any motion requiring Court's signature.

Under Local Rule 7(b)(1), any motion requiring the signature of the Court must be presented along with a proposed order.

CRITICAL

Applies to

Exhibit list

An exhibit list in Microsoft Word format must be emailed to the Courtroom Deputy Clerk at the stated address.

An exhibit list in Microsoft Word format must be emailed to Grant Cogswell, Courtroom Deputy Clerk at: Grant_Cogswell@wawd.uscourts.gov

CRITICAL

Applies to

Motion

Must include

proposed order

A motion requiring the Court’s signature must be accompanied by a proposed order.

Under Local Rule 7(b)(1), any motion requiring the signature of the Court must be presented along with a proposed order.

CRITICAL

Applies to

Exhibits

Exhibits must be numbered and named using the exhibit number and a brief description.

Exhibits must be numbered and named. The naming convention for each exhibit must include the exhibit number and a brief description.

CRITICALCivil cases

Applies to

Default judgment

The motion must include all interest calculations and, for prejudgment interest, identify its accrual start date and the basis for selecting that date.

Plaintiff shall include all interest calculations in the motion for default judgment. For prejudgment interest, Plaintiff shall state the date on which prejudgment interest began to accrue and the basis for selecting that date.

CRITICALCriminal cases

Applies to

Motion to continue trial

Must include

speedy trial waiver

Speedy trial waiver (30+ days) required with trial continuance motions.

All motions to continue the trial date shall be accompanied by a waiver of speedy trial at least 30 days beyond the proposed new trial date.

CRITICALCivil cases

Applies to

Default judgment

The motion must concisely explain how each amount was calculated; the Court will not award an amount whose calculation is uncertain.

Plaintiff shall provide a concise explanation of how all amounts were calculated. If the Court is not certain about how a particular amount was calculated, the Court will not award that amount.

CRITICALCivil cases

Applies to

Motion

Must include

certificate of conference

Every motion must include counsel’s declaration briefly describing the parties’ discussion, their attempt to avoid the motion, and the date of the discussion.

All motions must include a declaration by counsel briefly describing the parties’ discussion and attempt to eliminate the need for the motion and the date of such discussion.

CRITICALCivil cases

Applies to

Default judgment

Plaintiffs must comply with Local Civil Rule 55 when seeking default judgment.

Plaintiff shall comply with Local Civil Rule 55.

CRITICALCivil cases

Applies to

Deposition designations

After the joint chambers submission, the parties must file the highlighted color transcripts and objections form on the docket.

The parties shall then file on the docket the highlighted color transcripts, together with the form setting forth the objections.

CRITICALCivil cases

Applies to

Jury instructions

Jury instructions must be submitted pursuant to LR 51.

Jury Instructions: Shall be submitted pursuant to LR 51.

CRITICALCivil cases

Applies to

Default judgment

The motion must establish the principal claim amount with evidence; relevant contract portions must be attached to the declaration, and any further information needed to determine the amount must be provided.

Plaintiff shall provide evidence establishing the amount of the principal claim. If the claim is based on one or more contracts, the relevant portion(s) of the contract(s) shall be attached to the declaration. If further information is required to determine the amount of the principal claim (e.g., the number of hours worked under an employment contract), Plaintiff shall provide that information.

CRITICALCivil cases

Applies to

Default judgment

A plaintiff seeking liquidated damages must provide evidence of entitlement and any other information needed to determine the amount.

If Plaintiff seeks liquidated damages, Plaintiff shall provide evidence establishing an entitlement to liquidated damages and any other information needed to determine the amount of liquidated damages.

CRITICALCriminal cases

Applies to

Trial brief

Must include

no motions in limine

Motions in limine in trial briefs will be stricken if they could have been filed earlier.

MOTIONS IN LIMINE CONTAINED IN A TRIAL BRIEF THAT COULD HAVE BEEN BROUGHT BY THE PRETRIAL MOTIONS DEADLINE WILL BE STRICKEN.

CRITICALCivil cases

Applies to

Default judgment

If a different interest rate applies than the rate provided by 28 U.S.C. § 1961, the plaintiff must state the rate and reasons for applying it.

If 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.

CRITICALCivil cases

Applies to

Deposition objections

Failure to designate an objection as specified waives it, even if it was previously stated at the deposition.

A failure to designate objections as set forth above shall constitute a waiver, even if the objection was previously stated at the deposition.

CRITICALCivil cases

Applies to

Default judgment

A motion for default judgment must be supported by a declaration.

Plaintiff shall support a motion for default judgment with a declaration.

CRITICALCivil cases

Applies to

Attorney fees motion

Every motion for attorney’s fees must include an appropriate declaration attaching all relevant timesheets and costs.

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

CRITICALCivil cases

Applies to

Default judgment

The motion must separately state amounts owed for the principal claim and, when applicable, liquidated damages, pre- and post-judgment interest, and reasonable attorneys’ fees.

Plaintiff shall 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 attorneys’ fees (if applicable).

CRITICALCivil cases

Applies to

Default judgment

A plaintiff seeking attorneys’ fees must state the basis for the award and include counsel’s declaration establishing the reasonable fee amount.

If Plaintiff seeks attorneys’ fees, Plaintiff must state the basis for an award of attorneys’ fees and must include a declaration from Plaintiff’s counsel establishing the reasonable amount of fees to be awarded.

CRITICAL

Applies to

Exhibit and witness lists

Email exhibit and witness lists in Word format to Courtroom Deputy before trial.

Please email the Courtroom Deputy the exhibit and witness lists in Word format prior to the start of trial. That email address is tyler_campbell@wawd.uscourts.gov.

CRITICAL

Applies to

Exhibits

Exhibits must be numbered and named according to the Judge’s instructions and naming convention, which can be obtained from the Courtroom Deputy.

Exhibits must be numbered and named. Exhibit numbering should be per the Judge’s instructions. Contact the Courtroom Deputy for the Judge’s naming convention

CRITICAL

Applies to

Exhibits

Counsel must pre-mark all trial exhibits and may obtain labels from the Clerk’s Office or create their own.

All trial exhibits must be pre-marked by counsel. Exhibit labels may be obtained from the Clerk’s Office or counsel may create their own.

CRITICAL

Applies to

Electronic exhibits

You may bring the CD of electronic exhibits with you on the first day of trial, or as otherwise discussed.

You may bring the CD of electronic exhibits with you on the first day of trial, or as otherwise discussed.

CRITICAL

Applies to

Exhibits

Plaintiff’s exhibits must be numbered consecutively from 1, and Defendant’s exhibits consecutively from A-1.

Plaintiff’s exhibits shall be numbered consecutively beginning with number 1. Defendant’s exhibits shall be numbered consecutively beginning with number A-1.

WARNING

Applies to

Motion

Must include

proposed order

A proposed order must be attached as an exhibit to motions, except for ex parte or stipulated motions.

A copy of a proposed order, except one requested ex parte or by stipulation, shall be attached as an exhibit to the motion as a separate document.

WARNING

Applies to

Notice of intent to argue

If an objection or response is filed to a motion that has been set for a hearing, a party must confirm the hearing for argument, including a hearing on a continued or rescheduled motion. A registered ECF filer shall confirm a hearing by docketing a notice of intent to argue linked to the motion prior to the scheduled hearing date in accordance with the deadlines set forth in subsection (d)(8) below.

If an objection or response is filed to a motion that has been set for a hearing, a party must confirm the hearing for argument, including a hearing on a continued or rescheduled motion. A registered ECF filer shall confirm a hearing by docketing a notice of intent to argue linked to the motion prior to the scheduled hearing date in accordance with the deadlines set forth in subsection (d)(8) below.

WARNING

Applies to

Application for compensation

Interim compensation applications must include description of remaining tasks and projection of future expenses and fees.

In any case in which interim compensation is sought, except a chapter 13 case, the application shall also include a description of the tasks remaining to be done and a projection of the applicant’s future expenses and fees and the anticipated source of their payment.

WARNING

Applies to

Motion to shorten time

If no stipulation is obtained, the attorney must certify in writing the efforts made to give notice and why further notice is not required.

In the absence of a stipulation signed by counsel for all parties having an interest in the motion including the trustee, the applicant’s attorney shall certify in writing the efforts that have been made to give notice to those parties and the reasons why further notice should not be required.

WARNING

Applies to

Notice of motion

Notice of motion must include hearing date/time/place, nature of relief, response deadline, and warning about possible grant without response; must substantially comply with Local Bankruptcy Form 1.

The notice shall clearly state (i) the date, time and place of hearing, (ii) the nature of relief requested and the grounds therefor, unless the notice and motion are combined, (iii) that any party opposing the motion must file and serve a written response by the response date, which shall be set out, and (iv) that if no response is filed by the response date, the court may in its discretion grant the motion prior to the hearing, without further notice. The notice shall substantially comply with Local Bankruptcy Form 1 (Notice of Motion and Hearing).

WARNING

Applies to

Application for compensation

Counsel for trustees/debtors in possession must include additional information in compensation applications: list of other professionals, financial condition, and case status.

Where compensation is sought by general counsel for a trustee or debtor in possession, the application shall include the following additional information: (1) a list of names and functions of all other professionals whose employment has been authorized in the case; (2) the financial condition of the estate with respect to payment of post-petition expenses, including taxes and the United States trustee’s quarterly fees, and any other anticipated expenses that could impact the estate’s ability to meet post-petition expenses; (3) the status of the case, and the progress of the case toward closing or proposal of a plan of reorganization, identifying any significant impediments to closing or confirmation that are expected. If a plan has been filed, the statement shall include a projected date for confirmation. If a plan has been confirmed, the statement shall describe what progress has been made toward consummation of the plan and what remains to be done to close the case.

WARNING

Applies to

Certificate of compliance

Mediator must file a Certificate of Compliance in the form provided by the court.

Within 14 days of the conclusion of the Mediation Conference, the Mediator shall file with the court a Certificate of Compliance in the form provided by the court.

WARNING

Applies to

Post confirmation quarterly report

Post-confirmation quarterly reports must be filed on UST Form 11-PCR.

If an application for a final decree has not been filed within 3 months after confirmation of a chapter 11 plan, then the party designated in the plan as the responsible party, such as the reorganized debtor, liquidating trustee, plan proponent, or plan administrator, shall file with the court a post-confirmation quarterly report every three months until a final decree is entered. The first such report shall include the quarter in which the plan was confirmed. Each report shall be due by the 21st day of the month after the quarter ends and, except as otherwise ordered by the court, shall be filed on UST Form 11-PCR.

WARNING

Applies to

Chapter 13 attorney application

Chapter 13 attorney applications may receive presumptive fee up to $5,000 without written application; must file plan in required form and Chapter 13 Information Sheet.

Attorneys representing debtors in chapter 13 cases may be awarded fees of up to $5,000 (or such other amount as may be set by general order) (the “presumptive fee”) without having first filed a written application. The fee shall be compensation for all services rendered to the debtor(s) through entry of the order confirming plan and shall include, without limitation: the filing of a chapter 13 plan in the form required by Local Bankruptcy Rule 3015-1; filing with the chapter 13 trustee the Chapter 13 Information Sheet together with the documents required by

WARNING

Applies to

Ex parte application for professional employment

Ex parte application must include written UST endorsement or certification that 7 days have passed since service without objection.

Professionals seeking appointment on an ex parte basis shall, prior to filing the application with the court, (1) obtain the written endorsement of the United States Trustee’s Office of the application, or (2) certify that at least 7 days have passed since the application was served upon and received by the United States Trustee’s office, and no objection has been made by the United States Trustee’s office to the application.

WARNING

Applies to

Monthly financial report

A non-small business or non-subchapter V chapter 11 debtor in possession or trustee shall file with the court a monthly financial report, and shall serve the same on counsel for any committees elected or appointed pursuant to the Bankruptcy Code, or if a committee has no counsel, on each member of the committee. Each report shall be due by the 21st day of the subsequent month and, except as otherwise ordered by the court, shall be filed on the form for financial reporting established by the United States Trustee in accordance with 28 U.S.C. § 589b, attaching bank statements for the reported month for any bank accounts used by the debtor.

A non-small business or non-subchapter V chapter 11 debtor in possession or trustee shall file with the court a monthly financial report, and shall serve the same on counsel for any committees elected or appointed pursuant to the Bankruptcy Code, or if a committee has no counsel, on each member of the committee. Each report shall be due by the 21st day of the subsequent month and, except as otherwise ordered by the court, shall be filed on the form for financial reporting established by the United States Trustee in accordance with 28 U.S.C. § 589b, attaching bank statements for the reported month for any bank accounts used by the debtor.