Western District of Washington Document Filing Requirements

WARNING

Applies to

Exhibit list

The Word exhibit list should number plaintiff and defendant exhibits using the specified formats.

Exhibits should be numbered as follows on the Word list: Plaintiff: 1 Defendant: A-1 2 A-2 3 A-3 3a A-3a

WARNING

Applies to

Jury instructions

Each side’s proposed jury instructions should include a proposed verdict form.

Each side's set of proposed instructions should also include a proposed verdict form.

WARNING

Applies to

Exhibit list

The Word exhibit list should use the specified numbering convention.

Exhibits should be numbered as follows on the Word list:

WARNING

Applies to

Exhibit list

Duplicated documents cannot be listed twice on exhibit list

Duplicated documents shall not be listed twice on the exhibit list.

WARNINGCriminal cases

Applies to

Jury selection

Each side has limited time for voir dire questioning.

Counsel for each side may ask questions of the whole panel, of individual jurors, or both. Each side (not party) is limited to time limits agreed upon with the court in advance.

WARNING

Applies to

Exhibits and depositions

Deliver the original and one copy of exhibits and depositions to the courtroom deputy clerk by the Thursday before trial, unless other arrangements are made; if JEEPS is used, only one paper set is required.

The original and one copy of the exhibits/depositions are to be delivered to Grant Cogswell, Courtroom Deputy Clerk, the Thursday prior to trial or upon other arrangements made with the clerk. If JEEPS (Jury Electronic Evidence Presentation) is being used, only one set of paper exhibits is required.

WARNING

Applies to

Trial exhibits

Counsel must pre-mark and number trial exhibits in consecutive, party-specific series; duplicate documents may not appear twice on the exhibit list, and an identified exhibit may be used by any party.

All trial exhibits must be pre-marked by counsel. Plaintiff’s exhibits shall be numbered consecutively beginning with number 1. Defendant’s exhibits shall be numbered consecutively beginning with the next number series (i.e. 200) not used by the plaintiff. If multiple parties, each parties exhibits shall be numbered consecutively beginning with the next number series not used. Duplicate documents shall not be listed twice on the exhibit list. Once a party has identified an exhibit on the exhibit list or in the pretrial order, any party may use it.

WARNING

Applies to

Proposed order

The proposed-order email subject should include the case number, case name, and motion title, not just “Proposed Order.”

The subject heading of the email should include the case number, the case name, and the title of the motion (i.e., it should not simply read “Proposed Order”).

WARNINGCivil cases

Applies to

Briefing

Motions, oppositions, and replies must be supported by relevant legal authority, with Blue Book citations in the body of the briefing and none in footnotes or endnotes.

All motions, oppositions, and replies must be supported by relevant legal authority. Citations should be in Blue Book format and must be included in the body of the briefing – the Court does not allow citations in footnotes or endnotes.

WARNINGCivil cases

Applies to

Video deposition

The party offering a video deposition must know how to use the courtroom technology and ensure the video is appropriately edited after the Court rules on objections.

The party offering the video is responsible for being familiar with the courtroom technology necessary to play it and for ensuring that the video is edited appropriately after the Court makes its rulings on any objections.

WARNINGCriminal cases

Applies to

Motion

Multi-defendant cases require consultation before filing motions.

In multi-defendant cases, prior to filing any motion, counsel are directed to consult with counsel for all codefendants to determine whether the motion can either be stipulated to or jointly brought.

WARNING

Applies to

Stipulated motion

Must include

caption

Stipulated motions should be filed as a “Stipulated Motion” rather than just as a “Stipulation.” While stipulated motions may be noted for the day they are filed, parties should not expect them to be considered on the noting date.

Stipulated motions should be filed as a “Stipulated Motion” rather than just as a “Stipulation.” While stipulated motions may be noted for the day they are filed, parties should not expect them to be considered on the noting date.

WARNING

Applies to

Exhibit

Must include

formal admission

Stipulated exhibits are not admitted until court formally admits them on record; typically require showing to jury.

Exhibits to which counsel has stipulated to admissibility are not admitted until the court formally admits the exhibits on the record. The court will typically not admit exhibits unless they have been or will be shown or described to the jury in open court.

WARNING

Applies to

Trial

Must include

technology training

Technology training required before trial; trial won’t be delayed for tech difficulties.

If the courtroom technology will be used at trial, counsel and the pro se parties are responsible for participating in the training program offered by the Court prior to the commencement of trial. Training can be requested through the Court’s website. Absent extraordinary circumstances, trial will not be delayed due to difficulties with the technology.

WARNING

Applies to

Technology training

Must include

required for unfamiliar staff

Technology training required for unfamiliar counsel/support staff before trial.

Technology training is available and must be attended prior to trial if counsel or support staff are not familiar with the courtroom technology/presentation process.

WARNING

Applies to

Exhibit list

Duplicate documents should appear only once on the exhibit list, and any party may use an exhibit identified on a party’s list or in the pretrial order.

Duplicate documents should not be listed twice on the exhibit list. Once a party has identified an exhibit on the exhibit list or in the pretrial order, any party may use it.

INFO

Applies to

Declaration of no objection

If no objections are timely filed, a declaration of no objection may be filed and the order submitted as a received unsigned order.

If no objections are timely filed, a declaration of no objection may be filed and the order noted for presentation may be submitted as a received unsigned order.

INFO

Applies to

Amendment to petition for name change

Petition may be amended to change debtor's name by ex parte motion.

The name of an original debtor, as stated in the case caption, may be amended by ex parte motion.

INFO

Applies to

Notice of deadlines

In small business cases, plan proponent must obtain and provide notice of deadlines for disclosure statement objections, pre-confirmation report, and plan confirmation objections.

In a small business case, and upon application for conditional approval of the disclosure statement, the plan proponent shall obtain from the court and provide notice to all creditors on the master mailing matrix of the deadlines for filing objections to the disclosure statement, the deadline for the pre-confirmation report under Local Bankruptcy Rule 3020-1(a), and the deadline for filing and serving objections to confirmation of the plan under Local Bankruptcy Rule 3020-1(b).

INFO

Applies to

Motion for withdrawal of reference

Must include

caption

Withdrawal motion decided without hearing unless party requests oral argument by typing 'ORAL ARGUMENT REQUESTED' in caption.

Unless otherwise ordered by the district court, a motion for withdrawal of reference will be decided by the court without a hearing. A party desiring oral argument should so indicate by typing "ORAL ARGUMENT REQUESTED" in the caption of its motion or responsive memorandum.

INFO

Applies to

Notice of hearing on disclosure statement

Notice of hearing on disclosure statement must include objection deadline and conference details.

The proponent's notice of hearing on the disclosure statement shall include the time within which objections must be served under subsection (a) of this rule, and the date, time and place of the conference of attorneys required by subsection (b) of this rule.

INFO

Applies to

Pro hac vice application

Pro hac vice application must include name/address of law firm, basis for particular need, and other required information.

An application for leave to appear pro hac vice, and order thereon, shall be promptly filed with the clerk using the required local forms, 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

INFO

Applies to

Mediation certification

Mediation Certification must be on a court-approved form and include certifications about reading mediation instructions, discussing options, and considering mediation.

The certification shall be filed on a form established for that purpose by the court and in conformity with the instructions approved by the court. Counsel and client shall certify that both have: (a) Read the information sheet entitled Honorable Thomas T. Glover Mediation Program Instructions for Parties; (b) Discussed the available dispute resolution options provided by the court and private entities; and (c) Considered whether their case might benefit from mediation.

INFO

Applies to

Request for tax information

Requests for tax information should include a self-addressed, stamped envelope.

Requests for tax information filed with the court should be accompanied by a self-addressed, stamped envelope bearing sufficient postage.

INFO

Applies to

Ballot summary

Ballot summary must include creditor name, acceptance/rejection, claim amount, total allowed claims, and percentage acceptances.

The summary shall include the following information for each class of creditors in the plan proponent’s plan: (a) the name of each creditor, whether said creditor has accepted or rejected the plan, the dollar amount of the creditor’s claim, and whether the debtor has objected to the claim; (b) the total dollar amount and number of all allowed claims voted; (c) the percentage dollar amount of acceptances; and (d) the percentage number of acceptances.

INFO

Applies to

Jury instructions

Parties should agree on one stipulated set of proposed jury instructions unless true uncertainty about binding substantive law prevents agreement.

As much as possible, the parties should agree on one stipulated set of proposed jury instructions. Only true uncertainty about the binding substantive law should prevent such agreement.

INFOCivil cases

Applies to

Jury instructions

Judge Whitehead uses specific Ninth Circuit Model Civil Jury Instructions for preliminary instructions.

Judge Whitehead's standard preliminary jury instructions include Ninth Circuit Model Civil Jury Instruction Nos. 1.3, 1.5, 1.6 or 1.7 (when applicable), 1.9, 1.10, 1.11, 1.12, 1.13, 1.14, 1.15, 1.16, 1.17, 1.18, 1.20, and 1.21.

INFOCivil cases

Applies to

Technology use

Must include

cellphones allowed, cellphones off during session

Cellphones allowed in courtroom but must be turned off during court sessions.

Cellphones are allowed inside Judge Whitehead’s courtroom, but they must be turned off when court is in session.

INFOCivil cases

Applies to

Courtroom technology training

Training on the built-in courtroom equipment is strongly encouraged, and it is the parties’ responsibility to participate in training sufficiently before the start of trial, if needed.

Training on the built-in courtroom equipment is strongly encouraged, and it is the parties’ responsibility to participate in training sufficiently before the start of trial, if needed.

INFOCivil cases

Applies to

Courtroom procedure

Must include

lectern use, jury approaching prohibited, witness approaching prohibited

All argument and witness questioning should occur from the courtroom lectern. Do not approach the jury or a witness without permission.

All argument and witness questioning should occur from the courtroom lectern. Do not approach the jury or a witness without permission.

INFOCivil cases

Applies to

Deposition designations

Parties must meet and confer on disputed deposition designations before submitting to court.

The parties must meet and confer about any disputed deposition designations before submitting them to the Court for a ruling.

INFOCivil cases

Applies to

Technology use

Must include

digital assistant disabled

If your laptop or tablet features a digital assistant (e.g., Siri), be sure to disable the voice-prompt or always-listening feature to avoid accidental courtroom interruptions.

If your laptop or tablet features a digital assistant (e.g., Siri), be sure to disable the voice-prompt or always-listening feature to avoid accidental courtroom interruptions.

INFOCivil cases

Must include

honorifics pronouns invitation

Court invites parties to share honorifics/pronouns for respectful addressing.

The Court invites parties and counsel to share their honorifics or pronouns— such as Ms., Mx., or Mr.—so that the Court may address them respectfully.

INFOCivil cases

Applies to

Deposition testimony

Must include

reader provided

For jury trials, offering party must provide reader for deposition testimony unless video is used.

For jury trials, unless a video deposition is presented, the party offering deposition testimony must provide a person to read the answers from the witness stand.

INFOCivil cases

Applies to

Jury instructions

Court will follow Ninth Circuit Model or Washington Pattern Jury Instructions.

The Court will usually follow the current version of the Manual of Model Jury Instructions for the Ninth Circuit or the Washington Pattern Jury Instructions—Civil, where appropriate.

INFOCivil cases

Must include

punctuality, standing when speaking, addressing court not counsel +2 more

Finally, be on time; if you’re able, stand when speaking; address all remarks to the Court, not opposing counsel; be professional and ethical; be courteous and respectful to courtroom staff at all times.

Finally, be on time; if you’re able, stand when speaking; address all remarks to the Court, not opposing counsel; be professional and ethical; be courteous and respectful to courtroom staff at all times.

INFOCivil cases

Applies to

Motion in limine

Pro se parties are exempt from joint brief requirement for motions in limine and file under LCR 7(d).

Matters where a party is proceeding pro se are exempted from this procedure. In those cases, parties shall file motions in limine according to the briefing schedule set forth in Local Rules W.D. Wash. LCR 7(d).

INFOCivil cases

Applies to

Jury selection

B. Civil Jury Impanelment Procedures

B. Civil Jury Impanelment Procedures

INFOCivil cases

Applies to

Voir dire

C. The Court's General Voir Dire Questions

C. The Court's General Voir Dire Questions

INFOCivil cases

Applies to

Brief

E. Unpublished Cases

E. Unpublished Cases

INFOCivil cases

Applies to

All

A. Table of Authorities is Not Required

A. Table of Authorities is Not Required

INFOCivil cases

Applies to

Discovery request

Must include

notice to third parties

Provide notice of discovery procedures to third parties.

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.

INFOCivil cases

Applies to

Patent case

Patent cases may require tutorial, neutral expert, or claim construction hearing.

B. Tutorial and/or Court-Appointed Neutral Expert and Claim Construction Hearing

INFOCivil cases

Applies to

Motion

Table of authorities is not required for motions.

Judge King does not require a table of authorities.

INFOCivil cases

Applies to

Patent case

A. Scheduling

A. Scheduling

INFOCivil cases

Applies to

Brief

Must include

citation format

Follow Bluebook and local rules for citing unpublished decisions.

Parties must follow the Bluebook and the issuing court's rules regarding citation to unpublished decisions. See, e.g., Ninth Circuit Rule 36-3; GR 14.1(a) ("unpublished opinions of the [Washington] Court of Appeals filed on or after March 1, 2013, may be cited as nonbinding authorities, if identified as such by the citing party, and may be accorded such persuasive value as the court deems appropriate").

INFO

Applies to

Brief

Table of authorities is not required for briefs.

Judge King does not require a table of authorities.

INFOCivil cases

Applies to

Trial proceedings

Must include

recording

Trial proceedings will be recorded electronically or by real-time reporter.

The official record of all trials and proceedings will be taken either by electronic sound recording or by a real-time reporter.

INFOCivil cases

Applies to

Voir dire

Must include

general voir dire questions

Court uses posted general voir dire questions for hardship screening.

The Court will utilize the general “sorting” voir dire questions, which are posted at https://www.wawd.uscourts.gov/judges/lin-procedures and are meant to screen for hardship as well as familiarity with the case and/or witnesses.

INFOCivil cases

Applies to

Jury selection

Must include

jury size

Jury panel of 6-12 members, typically 8.

Under Federal Rule of Civil Procedure 48, the jury will consist of not fewer than six and not more than twelve members. The Court will discuss with Counsel how many jurors will be impaneled at the pretrial conference but generally recommends a panel of eight jurors.