Western District of Washington Document Filing Requirements

WARNING

Applies to

Pleading

Must include

judge name

Front page must show judge name on top right; motions and notices of hearings require additional notations.

The right side of the top of the front page of all pleadings shall contain the name of the judge assigned to the case. Motions and Notices of Hearings shall contain the additional notations required under Local Bankruptcy Rule 9013-1(d).

WARNING

Applies to

Projected budget

Individual Chapter 11 debtor must file a projected budget of income and expenses for the six-month period following the petition date.

An individual debtor in possession shall file a projected budget of income and expenses for the six-month period following the petition date within 14 days after entry of the order for relief.

WARNING

Applies to

Converted case schedules

Upon conversion of a bankruptcy case, debtor must file amendments to required documents or a declaration of no changes.

Where a chapter 7, chapter 13, chapter 12, or individual chapter 11 case is converted to another chapter, the debtor is required to file either: (1) amendments to all of the schedules, statements, and documents required by Fed. R. Bankr. P. 1007(b)(1), (4), (5), and (6) ("Required Documents"); (2) amendments to only the Required Documents that have changed and a declaration under penalty of perjury that there are no changes to the other Required Documents; or (3) a declaration under penalty of perjury that there are no changes to any of the Required Documents.

WARNING

Applies to

Motion for reconsideration

Motions for reconsideration shall not be noted for hearing unless the court requests oral argument.

shall not be noted for hearing unless oral argument is requested by the court

WARNING

Applies to

Order

Orders, findings of fact, conclusions of law, and judgments must be prepared by the prevailing party and submitted electronically.

All orders, findings of fact and conclusions of law, and judgments shall be prepared by the prevailing party and submitted electronically.

WARNING

Applies to

Notice of withdrawal and substitution

Substitution of counsel is effective upon filing a notice signed by both attorneys; no court order required.

An attorney may withdraw from representing a client if another attorney has agreed to represent the client by filing a notice of withdrawal and substitution signed by the withdrawing attorney and the substituting attorney. The withdrawal and substitution is effective upon the filing of the notice without an order of the court.

WARNING

Applies to

All documents filed by registered ECF filers

Registered ECF filers must follow specific signature formats: typed name on signature block constitutes signature, scanned images or /s/ for other signatories, and original signatures require scanned image, digital signature, or /s/ with document retention.

A filing made through a registered ECF filer’s account and authorized by that registered ECF filer, together with that registered ECF filer’s name on the signature block, constitutes the registered ECF filer’s signature. (B) A document filed by a registered ECF filer that includes signatures of other people (e.g., a stipulation or agreed order) shall be submitted with either: (i) the digitally scanned image of a physical signature; or (ii) an “/s/” and the typed name of the person, which is a representation that the registered ECF filer has obtained authorization to sign on their behalf. (C) When filing a document that requires an original signature or verification, the registered ECF filer complies by filing: (i) a digitally scanned image of the original signed document containing the original ink signature; (ii) the signatory’s digital signature created using a commercially available digital signature software product that provides signature authentication; or (iii) a document indicating a signature with “/s/” and the typed name of the person provided the registered ECF filer maintains the original signed document, in hard copy or electronic form, for a period of not less than 5 years.

WARNING

Applies to

Chapter 13 plan

Nonstandard plan provisions must reference the specific section(s) being modified.

Any nonstandard provisions included in Section X of the plan which modify any of the provisions contained in Sections I through IX shall begin by specifically referencing the section(s) modified, such as "Section IV.A.3 is modified as follows… ."

WARNING

Applies to

Notice of active duty

Debtors on active military duty must indicate on Schedule I; if deployed for 14+ days after filing, must file notice with deployment dates, address, and redacted orders.

Debtors on active military duty must so indicate on Schedule I, and those going on active duty or being deployed for a period of 14 days or more after the filing of the petition must file notice setting forth the beginning and end dates of the active duty or deployment, and any new or additional address, attaching a copy of the orders to or official documentation of the active duty or deployment with social security numbers redacted to show only the last four digits, and the names (other than the issuing official) and social security numbers of any non-debtors completely redacted.

WARNING

Applies to

Documents filed by unrepresented individuals

Unrepresented individuals must use original ink signatures for paper filings, and may use /s/, scanned image, or digital signature for electronic filings.

When an unrepresented individual presents a document to the clerk’s office over-the-counter, via the postal system, or via the clerk’s lobby dropbox, the document must contain an original ink signature. (B) When an unrepresented individual electronically submits a document to the clerk’s office for the purpose of filing, the signature requirement is met by including: (i) the typed name of the unrepresented individual followed by “/s/” on the document’s signature page which represents that the signer read and signed the document, (ii) a digitally scanned image or photo of the document’s signature page with the original ink signature which represents that the signer read and signed the actual document; or (iii) a digital signature created using a commercially available digital signature software product that provides signature authentication.

WARNING

Applies to

Motion

Motions must include a statement of reasons, memorandum of points and authorities, and all supporting affidavits, declarations, and evidence.

The moving party shall include in or with its motion (i) a statement of all reasons in support thereof, together with a memorandum of points and authorities as is necessary to support such motion, and (ii) all affidavits, declarations and photographic or documentary evidence to be presented in support of the motion.

WARNING

Applies to

Report of proceedings

Must include

certificate of service

The report of proceedings must include a docket copy, each identified pleading, and a certificate of service, attached as separate exhibits.

The following documents are to be attached to the report as separate exhibits (Local Bankruptcy Rule 9004-1(d) applies): (1) a copy of the docket of the removed action; (2) each identified pleading; and (3) the certificate of service required by Local Rule W.D. Wash. CR 101(b).

WARNING

Applies to

Order

If an order is filed without notice, it must include 'ex parte' in the title and docket entry.

Orders uploaded in accordance with this rule shall include the words “ex parte” in the title of the order and in the docket entry if they are being filed without notice in accordance with Local Bankruptcy Rule 9013-1(g).

WARNING

Applies to

Application for professional employment

Application for professional employment must disclose pre-petition creditor status, retainer, compensation method, and attach fee agreements and security interests.

Applications for the appointment of professionals shall disclose whether the professional is a pre-petition creditor of the debtor, and if so, the nature of services rendered, amount owed, whether counsel claims a security interest in property of the estate to secure fees, and identify the collateral subject to the security interest, if any. The application shall also state whether any retainer has been paid or promised, and the anticipated method of compensation, and sources thereof, including third parties and guarantors. Copies of any fee agreements and security interests shall be attached as exhibits.

WARNING

Applies to

Application for compensation

Compensation applications of $15,000 or more must categorize narrative summary and time entries by task categories.

Where the cumulative applications for an applicant are projected to equal or exceed $15,000, the narrative summary required by subsection (a)(5) and itemized time entries required by subsection (a)(6) shall be divided into categories according to the nature of the tasks performed, with the total hours, fees, and expenses broken down for each category. Categories include but are not limited to: general administration; claims analysis and objections to claims; financing and cash collateral; sales of assets; disclosure statement and plan, including drafting and confirmation; and adversary proceedings.

WARNING

Applies to

Pleading

Responsive pleadings must be electronically linked to the initial pleading.

Every pleading filed in response to or in connection with a motion or other initial pleading must be electronically linked to the initial pleading.

WARNING

Applies to

Stipulated notice

The parties request that the Clerk of the Court reset the deadlines as noticed.

The parties request that the Clerk of the Court reset the deadlines as noticed.

WARNING

Applies to

Jury instructions

Proposed jury instructions should be identified as Preliminary, In-Trial, or Final.

The parties should identify whether a proposed instruction is Preliminary (i.e., to be given at the start of trial), In-Trial (i.e., to be given, as necessary, during trial), or Final (i.e., to be given at the conclusion of evidence).

WARNINGCivil cases

Applies to

Settlement notification

Must include

prompt notification

Failure to promptly notify court of settlement may result in sanctions under LCR 11(b).

Attorneys who fail to give the Court prompt notice of settlement may be subject to sanctions or discipline under LCR 11(b).

WARNINGCivil cases

Applies to

Technical difficulties

Trial will not be delayed for technical difficulties except in extraordinary circumstances.

Absent extraordinary circumstances, trial will not be delayed because of technical difficulties.

WARNINGCivil cases

Applies to

Scheduling order

Must include

minimum deadline spacing

In proposing new deadlines, the parties should endeavor to provide at least as much time between deadlines as shown in the scheduling template in Section I. Judge King will not decrease the amount of time between the summary judgment motion noting date and the trial date, or between the motion in limine noting date and the trial date, unless the parties set forth an extraordinary basis for doing so.

In proposing new deadlines, the parties should endeavor to provide at least as much time between deadlines as shown in the scheduling template in Section I. Judge King will not decrease the amount of time between the summary judgment motion noting date and the trial date, or between the motion in limine noting date and the trial date, unless the parties set forth an extraordinary basis for doing so.

WARNING

Applies to

Discovery request

Must include

notice of procedures

Parties serving discovery on third parties must notify them of these procedures; third parties must comply.

A party who serves discovery requests on third parties must provide notice of these discovery procedures to such parties. These parties will be expected to comply with these procedures.

WARNINGCivil cases

Applies to

Motion

Court will not award fees for correcting mistakes in default judgment motions.

The Court urges movants to take care to sufficiently address all relevant information; it will not award fees incurred correcting mistakes. See Stephens v. Marino, White, O'Farrell & Gonzalez, No. C10-5820BHS, 2011 WL 4747920, at *4 (W.D. Wash. Oct. 7, 2011); Johnson v. Peter, No. C21-1602-LK, 2023 WL 22021, at *8 (W.D. Wash. Jan. 3, 2023).

WARNINGCivil cases

Applies to

Trial exhibit

Must include

additional copies for court, additional copies for opposing counsel

Additional trial exhibits require extra copies for opposing counsel and Court.

If additional exhibits are marked in the course of trial (for example, for impeachment purposes), counsel must provide extra copies of the exhibits for opposing counsel and for the Court.

WARNING

Applies to

Revised exhibit list

Revised exhibit lists, pretrial orders, or witness lists must be filed and a redlined version provided to the courtroom deputy.

If the exhibit list, pretrial order, or witness list is revised at any time after it is filed with the Court, counsel must file a revised exhibit list with the Court and provide the Courtroom Deputy with a redlined version indicating the changes.

WARNING

Applies to

Stipulated protective order

Stipulated protective orders must include a redlined version identifying departures from the model.

LCR 26(c) requires that when parties submit a stipulated protective order for the Court’s approval, they must also provide the Court with a redlined version, identifying departures from the model. LCR 26(c)(2).

WARNING

Applies to

Proposed findings conclusions

Proposed findings of fact and conclusions of law must include specific references to the record.

Proposed findings of fact and conclusions of law submitted following a bench trial must contain specific references to the affidavits, declarations, exhibits, transcripts, and other parts of the record and supporting materials relied upon to support the fact described in the proposed finding/conclusion.

WARNINGCivil cases

Applies to

Exhibit list

Must include

redlined version

Revised exhibit lists must include redlined version showing changes.

If the exhibit list, pretrial order, or witness list is revised at any time after it is filed with the Court, counsel must file a revised exhibit list with the Court and provide the Courtroom Deputy with a redlined version indicating the changes.

WARNING

Applies to

Construction brief appendix

If the parties wish to submit supporting materials, they must submit them in a joint Construction Brief Appendix.

To the extent the Parties wish to submit materials supporting their position, the Parties shall submit them in a Joint Appendix (“Construction Brief Appendix”).

WARNING

Applies to

Neutral expert

If the Court appoints a neutral expert, the parties will divide the expert’s cost equally.

In such a situation, the Parties will split the cost of the expert equally.

WARNINGCriminal cases

Applies to

Voir dire

Must include

follow court rejections

Counsel cannot ask questions rejected by the Court during voir dire.

Counsel shall not ask any questions submitted to and rejected by the Court.

WARNING

Failure to comply with procedures may result in sanctions.

Failure to comply with the procedures set forth in this Order may result in sanctions.

WARNINGCivil cases

Applies to

Trial evidence

Must include

technology delay exception

Trial will not be delayed for technology difficulties except in extraordinary circumstances.

Absent extraordinary circumstances, trial will not be delayed due to difficulties with the technology.

WARNINGCivil cases

Applies to

Witness approach

In extraordinary circumstances, counsel may approach courtroom deputy to approach witness.

If extraordinary circumstances exist, Counsel may approach the Courtroom Deputy who, in turn, will approach the witness.

WARNINGCivil cases

Applies to

Voir dire changes

Must include

clean copy, redlined copy

If the Parties suggest changes to the Court’s general voir dire questions, they should also submit both clean and red-lined copies indicating any changes, deletions, or additions to those questions.

If the Parties suggest changes to the Court’s general voir dire questions, they should also submit both clean and red-lined copies indicating any changes, deletions, or additions to those questions.

WARNING

Applies to

Brief

The patents and relevant prosecution-history documents included in the Claim Chart Appendix must not be resubmitted with the briefs.

These documents shall not be resubmitted upon briefing.

WARNING

Applies to

Technology

Must include

trial will not be delayed for technology issues

Trial will not be delayed for technology difficulties except in extraordinary circumstances.

Absent extraordinary circumstances, trial will not be delayed due to difficulties with the technology.

WARNING

Applies to

Brief

A party may not propose a construction that the other party cannot respond to without first obtaining leave of Court.

A Party may not propose a construction when the other Party is unable to respond without leave of Court (e.g., in a response brief).

WARNINGCivil cases

Applies to

Trial evidence

Must include

objection waiver

Failure to designate objections constitutes waiver even if previously stated.

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

WARNINGCivil cases

Applies to

Settlement notice

Failure to provide timely notice of settlement may result in jury expense assessment.

Parties shall refer to Local Civil Rule 39(d) where cases scheduled for jury trial are settled (or agreed to be tried without a jury) for the requirements of providing timely notice. Failure to provide timely notice may result in the assessment of jury expenses to the Parties. See LCR 39(d).

WARNING

Applies to

Discovery motion

Losing party in discovery motion may be sanctioned.

If the Court must resolve the discovery dispute by motion, the losing Party may be sanctioned.

WARNING

Applies to

Notice of settlement

Timely notice required for settled jury trials; failure may result in jury expense assessment.

Parties shall refer to Local Civil Rule 39(d) where cases scheduled for jury trial are settled (or agreed to be tried without a jury) for the requirements of providing timely notice. Failure to provide timely notice may result in the assessment of jury expenses to the Parties.

WARNING

Applies to

Joint claim chart and prehearing statement

After allegations are filed in the Joint Claim Chart and Prehearing Statement, the Court will consider new infringement or invalidity allegations only for good cause.

After that time, the Court will not consider new allegations of infringement or invalidity without good cause.

WARNING

Applies to

Construction brief appendix

Intrinsic evidence already included in the Claim Chart Appendix must not be repeated in the Construction Brief Appendix; the parties must cite to the Claim Chart Appendix instead.

However, to the extent any intrinsic evidence (including copies of the patent(s) at issue) was previously provided in the Claim Chart Appendix, any such evidence shall not be repeated in the Construction Brief Appendix. Instead, the Parties shall cite to the Claim Chart Appendix for such materials.

WARNING

Applies to

All

Non-compliance with procedures may result in sanctions.

Failure to comply with the procedures set forth in this Order may result in sanctions.

WARNINGCivil cases

Applies to

Exhibits

Plaintiff’s exhibits must be numbered consecutively starting at 1, and defendant’s exhibits must continue with the next unused number.

Plaintiff’s exhibits shall be numbered consecutively beginning with 1; defendant’s exhibits shall be numbered consecutively beginning with the next number not used by plaintiff.

WARNINGCriminal cases

Applies to

Motion

A defendant seeking an extension normally should also file a signed waiver of the right to be charged timely and the right to a speedy trial.

Where a defendant seeks to extend the time to file an indictment or information, the defendant normally should also file a signed waiver of his or her right to be charged in a timely manner and right to a speedy trial.

WARNINGCivil cases

Applies to

Pretrial communication

Counsel should advise the Court whether an extra-large jury pool or individual questioning of prospective jurors is needed.

Pre-Trial Counsel should advised the Court whether the case requires an extra-large jury pool and whether the case requires each prospective juror be individually questioned.

WARNINGCriminal cases

Applies to

Motion

Boilerplate reasons alone—including party agreement, a speedy-trial waiver, or time to negotiate—are insufficient grounds for an extension.

The Court strongly discourages motions that only contain “boiler-plate” reasons. Thus, reasons such as “the agreement of the parties,” “the defendant has filed a speedy trial waiver,” or “the parties need time to negotiate” are, without more, insufficient grounds to grant an extension.

WARNINGCivil cases

Applies to

Exhibits

Each exhibit must be clearly marked.

Each exhibit shall be clearly marked.