Western District of Washington Document Filing Requirements

INFOCivil cases

Applies to

Trial evidence

Must include

pre admitted exhibits

Pre-admitted exhibits require only formal motion, no foundation needed.

If an exhibit is “pre-admitted” in this manner, then Counsel will only need to formally move for admission of the exhibit at the time it will be introduced but will not need to lay a foundation for admissibility or request permission to publish the exhibit during the trial.

INFO

New procedures replace previous ones only for filings/hearings after reassignment.

If the case was previously assigned to a different District Judge, these procedures replace those that previously controlled, but only as to filings and hearings from the date of reassignment.

INFOCivil cases

Applies to

Trial evidence

Must include

video responsibility

Offering party responsible for video technology and editing after Court rulings.

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.

INFO

Applies to

Exhibits

Must include

exhibit labels

Exhibit stickers/labels/tags available from Clerk.

Exhibit stickers/labels/tags can be obtained from the Clerk at the pretrial conference or from the Clerk's Office.

INFOCivil cases

Court will try to accommodate witnesses with advance scheduling notice.

If alerted ahead of time, the Court will endeavor to accommodate witnesses with scheduling problems.

INFOCivil cases

Applies to

Trial evidence

Must include

impeachment exhibits

Impeachment/rebuttal exhibits need not be disclosed but should be pre-marked.

Impeachment or rebuttal exhibits (those whose sole purpose is to attack a witness's veracity) need not be disclosed in advance, but they should be pre-marked, when possible, so that they will be immediately useable at trial without the necessity for labeling by the Courtroom Deputy.

INFOCivil cases

Applies to

Trial evidence

Must include

non jury trial

Deposition transcripts not read at non-jury trials.

For non-jury trials: Deposition transcripts will not be read at trial.

INFOCivil cases

Applies to

Jury composition

Jury will consist of 6-12 members, typically 8 jurors recommended.

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.

INFO

Applies to

Exhibits

Must include

exhibits returned after trial

Original exhibits returned to counsel after trial.

All original exhibits admitted at trial will generally be returned to Counsel at the conclusion of the trial. CrR 55(a).

INFO

Applies to

Evidence presentation

Must include

training strongly encouraged

Training on evidence presentation devices strongly encouraged.

Training is strongly encouraged, and it is the responsibility of the Parties to participate in training sufficiently in advance of the start of trial, if needed.

INFOCivil cases

Applies to

Jury selection

Jurors selected are those with lowest numbers after challenges.

The jurors will be the panelists with the lowest numbers remaining after all challenges have been exercised.

INFOCivil cases

Applies to

Exhibit handling

Exhibit notebooks or JEEP should eliminate need to approach witness.

The use of an exhibit notebook or the JEEP should obviate the need to approach the witness.

INFO

Applies to

Notice of voluntary dismissal

Must include

signed by all parties

Settlement allows voluntary dismissal via Notice of Voluntary Dismissal without court order.

Upon reaching settlement, Parties are reminded that pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), a plaintiff may dismiss an action without a court order by filing a Notice of Voluntary Dismissal (rather than a motion) signed by all Parties who have appeared.

INFOCivil cases

Applies to

Trial evidence

Must include

deposition highlighting

Other parties may highlight additional deposition portions in different color.

Other Parties may offer other portions of the deposition by highlighting them, using a different color.

INFOCivil cases

Applies to

Trial evidence

Must include

exhibit return

Original exhibits returned to counsel after trial per LCR 79(g).

Original exhibits admitted at trial will generally be returned to Counsel at the conclusion of the trial. LCR 79(g).

INFOCriminal cases

Applies to

Jury instructions

Must include

use ninth circuit model

Court recommends Ninth Circuit Model Jury Instructions as preferred.

The Court recommends the latest version of the Ninth Circuit Model Jury Instructions as the preferred proposed instructions.

INFOCivil cases

Applies to

Jury trial technology

Must include

JEEP laptop

JEEP laptop provided for jury trials with no network/internet access.

The Court has implemented a program to use for jury trials known as the Jury Evidence Electronic Presenter ("JEEP"). The IT Department for the U.S. District Court will provide a laptop computer that has been prepared specifically for presentation of electronic exhibits to jurors. This laptop will not have any network access, internet browsing capability, nor tools for

INFO

Applies to

Tutorial

The parties are encouraged to use visual aids and suggest a reasonable volume of reading materials for the tutorial.

Visual aids and suggestions for reading materials of a reasonable volume are encouraged.

INFO

These procedures supplement the Federal Rules of Criminal Procedure (“FRCrP”) and Local Criminal Rules of the United States District Court for the Western District of Washington (“CrR”). In the event there is an inconsistency between the Local Rules and the Federal Rules of Criminal Procedure, the terms of this Order control.

These procedures supplement the Federal Rules of Criminal Procedure (“FRCrP”) and Local Criminal Rules of the United States District Court for the Western District of Washington (“CrR”). In the event there is an inconsistency between the Local Rules and the Federal Rules of Criminal Procedure, the terms of this Order control.

INFOCriminal cases

Applies to

Peremptory challenges

Must include

government starts, alternating method

Court uses alternating peremptory challenges starting with Government, but modifications may be requested.

Generally, the Court uses the alternating method for peremptory challenges, starting with the Government. However, the Parties may request modifications to this procedure at the pretrial conference.

INFO

Applies to

Motion

Court decides whether to grant oral argument after briefing completion.

After briefing has been completed on a motion, the Court will decide whether to grant a request for oral argument.

INFOCivil cases

Applies to

Trial evidence

Must include

equipment provision

IT provides 42" monitor and speakers for jury room evidence viewing.

The IT Department will also provide a portable 42” flat screen monitor and a pair of computer speakers, in a location in the jury room that will allow all jurors to have a clear view of the content on the screen.

INFO

Applies to

Jury evidence

Must include

jeep system available

JEEP system available for jury trials.

The Court has implemented a program to use for jury trials known as the Jury Evidence Electronic Presenter ("JEEP").

INFOCivil cases

Applies to

Jury instructions

Parties need not submit instructions that are included in the Court’s standard set.

Any instructions included in the standard set need not be submitted by any party.

INFOCivil cases

Must include

judge decision

Assigned judge decides whether to designate case for mediation

Under this rule the assigned judge decides whether to designate a case for mediation.

INFOCivil cases

Applies to

Exhibits

The parties should avoid submitting or listing duplicate documents.

The parties should not submit or list duplicate documents.

INFOCivil cases

Applies to

Order

Case designated for mediation under Local Rule CR 39.1

The Court finds that it is appropriate to designate this case for mediation under Local Rule CR 39.1. The parties are therefore ORDERED to conduct mediation as set forth below.

INFOCivil cases

Most civil cases are referred for mediation under Local Rule CR 39.1

Mediation Pursuant to Local Rule CR 39.1 most civil cases are referred for mediation.

INFOCivil cases

Must include

magistrate judge order

Magistrate Judge Tsuchida enters order on CR 39.1 mediation designation

Where the parties have consented to proceed before Magistrate Judge Tsuchida, Judge Tsuchida will enter an order indicating whether he has designated the case for CR 39.1 mediation.

INFOCriminal cases

Must include

consent

Magistrate judges can preside over certain misdemeanors with defendant consent.

With the consent of the defendant, a United States Magistrate Judge may preside over Class A Misdemeanors (1 yr. imprisonment & $100,000 fine) and Class B Misdemeanors - Non Motor Vehicle (6 months imprisonment & $5,000 fine).

INFOCivil cases

Must include

settlement conference appointment

Court may appoint judge to conduct judicial settlement conference

The Court may appoint a District or Magistrate Judge to conduct a judicial settlement conference.

INFOCivil cases

Must include

mediation prerequisite

Generally, a settlement judge will not be appointed unless the parties have already participated in mediation.

Generally, a settlement judge will not be appointed unless the parties have already participated in mediation.

INFOCivil cases

Must include

attendance requirements, confidential settlement memo

Court enters order on attendance requirements and confidential settlement memos

The Court will thereafter enter an order regarding who is required to attend, and the submission of confidential settlement memos.

INFOCriminal cases

United States Magistrate Judges may preside over all infractions (5 days of imprisonment), Class C Misdemeanors (30 days imprisonment), and Class B misdemeanors (6 months imprisonment) involving motor vehicle offenses without the defendant’s consent.

United States Magistrate Judges may preside over all infractions (5 days of imprisonment), Class C Misdemeanors (30 days imprisonment), and Class B misdemeanors (6 months imprisonment) involving motor vehicle offenses without the defendant’s consent.

INFOCivil cases

Applies to

General

Must include

judge imposition acknowledgment

Judges will support or impose cost reduction tools when appropriate.

The judges will support the use of these tools and, if necessary, impose them, when appropriate and helpful to reduce costs or more effectively manage and resolve civil cases.

INFOCivil cases

Applies to

Notice of unavailability

Notices of unavailability are optional and do not change court deadlines.

Notices of unavailability are not required. Such notices, if filed, do not alter dates set by the Court or civil rules. The Court expects the parties to confer about significant periods of unavailability. This rule does not preclude an attorney from requesting relief from a deadline due to a scheduling difficulty. See LCR 7(j).

INFOCivil cases

Applies to

Proposed exhibit

Assigned judge may impose additional exhibit submission requirements.

The assigned judge may impose additional requirements for submitting proposed exhibits during a pre-trial conference, in the applicable case management order, or by other order. Further clarification may be obtained by reviewing the assigned judge’s web page at http://www.wawd.uscourts.gov and/or by contacting the assigned judge’s courtroom deputy.

INFO

Applies to

Irs summons proceeding

Magistrate judges may hear IRS summons enforcement or quashing proceedings.

(4) Petitions to enforce compliance with a summons issued by the Internal Revenue Service, pursuant to 26 U.S.C. '' 7402(b) and 7604(a); or proceedings to quash such summonses, pursuant to ' 7609.

INFOCivil cases

Applies to

General

Must include

cost reduction methods acknowledgment

Cost reduction methods include limiting discovery, early mediation, abbreviated pretrial orders, and magistrate consent.

While no list is exhaustive, attorneys and litigants should consider the following means for reducing costs: (a) limiting discovery and phasing discovery and motions to bring on for early resolution potentially dispositive issues; (b) the availability of judges to resolve discovery disputes by telephone or informal conference; (c) scheduling discovery or case management conferences with the judge assigned to the case as necessary; (d) early referral to mediation through Local Rule 39.1 or other alternative dispute resolution mechanism; (e) the use of an abbreviated pretrial order; and (f) consenting to the assignment of the case to a United States magistrate judge for the conduct of all proceedings pursuant to 28 U.S.C. § 636(c).

INFOCivil cases

Must include

meet and confer requirement

Meet and confer requires good faith conference with professionalism and collegiality.

(6) “Meet and Confer” means a good faith conference in person or by telephone to attempt to resolve the matter in dispute without the court’s involvement. The court expects a high degree of professionalism and collegiality among counsel during any meet and confer conference.

INFO

Applies to

Responsive brief

Must include

filed after opening brief

SSA files responsive brief after opening brief

After you file the opening brief, the Social Security Administration will submit a responsive brief addressing your assignments of error.

INFOCivil cases

Applies to

General

Must include

certificate of service

Whenever proof of service is required or permitted it shall be made by a certificate or acknowledgment of service on the document itself. Parties should not file a separate proof of service document unless it is necessary.

Whenever proof of service is required or permitted it shall be made by a certificate or acknowledgment of service on the document itself. Parties should not file a separate proof of service document unless it is necessary.

INFOCivil cases

Court conducts all voir dire and sets time limits for opening statements and closing argument

The court shall conduct all voir dire and shall determine time limits for opening statements and closing argument.

INFOCivil cases

Applies to

Local rules

Must include

effective date

Local rules apply to all pending civil cases regardless of filing date; last revised March 27, 2025.

These local rules, as amended, shall apply to every civil case pending in the Western District of Washington, without regard to when the case was filed. The rules were last revised effective March 27, 2025.

INFOCivil cases

Applies to

General

Certificate of service not required for ECF filings to represented or ECF-participating parties.

No certificate of service is required when a paper is served on a represented party by filing it with the ECF system, or on an unrepresented party that has signed up to participate in the ECF system.

INFOCivil cases

Applies to

General

Must include

bias prohibition requirement

Litigation must be free from prejudice and bias; fair treatment required.

Litigation, inside and outside the courtroom in the United States District Court for the Western District of Washington, must be free from prejudice and bias in any form. Fair and equal treatment must be accorded all courtroom participants, whether judges, attorneys, witnesses, litigants, jurors, or court personnel.

INFOCivil cases

Applies to

Arbitrator nomination

Parties may nominate specific arbitrator within 14 days of court order.

The parties may notify the clerk that they agree to nominate a specific arbitrator, and that the nominee has advised the parties that he or she is willing to serve.

INFOCivil cases

Applies to

General

Must include

case management tools acknowledgment

Local rules provide tools for civil case management including discovery.

The local rules provide the judges and attorneys with basic tools for the management of civil cases, including discovery.

INFOCivil cases

Applies to

Habeas corpus petition

Notice of intent is for court information only; failure to file doesn't prevent petition filing.

The notice is for the information of the court only, and failure to file the notice shall not preclude the filing of the petition.

INFO

Applies to

Judicial review petition

Magistrate judges may hear petitions for judicial review of administrative determinations.

(2) Petitions or applications for judicial review of administrative determinations;