Western District of Washington Document Filing Requirements

CRITICALCivil cases

Applies to

Jury selection

Must include

judge name

Jury will have 7-12 members with no alternates.

The jury will consist of no fewer than seven (7) and no more than 12 members, and there will be no alternates. The Court will advise the parties at the pretrial conference how many jurors will be empaneled.

CRITICALCivil cases

Deadline

7 calendar days before trial

Applies to

Electronic exhibits

Electronic PDF copies of all exhibits with OCR must be sent 7 days before trial.

In addition, no later than seven (7) days before the trial date, the parties must send an electronic copy of all exhibits in PDF format with Optical Character Recognition (OCR) searchable text to Mr. Cogswell.

CRITICALCivil cases

Applies to

Pretrial order

Must include

word version

Microsoft Word version of pretrial order must be emailed to chambers.

When filing the pretrial order, the parties must also send a Microsoft Word version of the proposed order, including witness and exhibit lists, to whiteheadorders@wawd.uscourts.gov.

CRITICALCivil cases

Applies to

Jury selection

Each side gets 3 peremptory challenges using alternating strike sheet, starting with plaintiff.

Following each panel, the parties may challenge for cause. Once all challenges for cause have been heard, the Court will hear peremptory challenges. Each side ordinarily has three peremptory challenges, which will be made using a “strike sheet” in alternating fashion, beginning with the plaintiff.

CRITICAL

Applies to

Stipulated notice

Must include

signature blocks

If all conditions are met, the parties may file a Stipulated Notice signed by all parties, stating as follows:

If all conditions are met, the parties may file a Stipulated Notice signed by all parties, stating as follows:

CRITICALCivil cases

Applies to

Jury selection

Court will use yes/no screening questions to identify hardships and conflicts.

The Court will examine the prospective jurors using “screening” questions to identify hardships and conflicts. (Judge Whitehead’s standard screening questions can be found on his court web page). These questions can generally be answered with a “yes” or “no” response.

CRITICALCivil cases

Applies to

Jury selection

Peremptory challenges cannot be used for discriminatory reasons (Batson v. Kentucky).

Peremptory challenges must not be used to exclude potential jurors for discriminatory reasons. See Batson v. Kentucky, 476 U.S. 79 (1986).

CRITICAL

Applies to

Motion

Must include

certificate of conference

A Rule 12(b) motion must include a certification of conferral.

If a Rule 12(b) motion is filed, it must include a certification of conferral.

CRITICALCivil cases

Applies to

Deposition transcripts

Must include

typed objections, highlighted transcript, color coded designations

Highlighted deposition transcripts with color-coded designations required for deposition testimony.

The parties must follow LCR 32(e), except that for each deponent the parties intend to offer deposition testimony instead of, or in addition to, live testimony, they must file (1) a single copy of the highlighted deposition transcript, with designations and counter designations highlighted in different colors, including typed objections

CRITICALCivil cases

Deadline

5 calendar days before trial

Applies to

Trial exhibits

Must include

original and copy

Original trial exhibits and one copy must be delivered to courtroom deputy 5 days before trial.

The parties must deliver the original trial exhibits and one copy to Judge Whitehead’s Courtroom Deputy, Grant Cogswell, five (5) days before the trial date.

CRITICALCivil cases

Applies to

Motion in limine

Motions in limine must be submitted as joint brief with specific structure.

All motions in limine shall be submitted in a joint brief that: (1) contains an introductory statement summarizing the case and the context for any disputes, with each side drafting its own statement if they cannot agree; and (2) presents each motion under a separate heading, below which the moving party will state its position and supporting legal authority,

CRITICALCivil cases

Applies to

Stipulated motion

Must include

proposed order

Stipulated motion and proposed order required for cross-motion bundling.

If the parties can reach an agreement on such a schedule and any necessary adjustments to the page/word limits, they shall submit a stipulated motion and proposed order for the Court’s approval.

CRITICALCivil cases

Applies to

Stipulated motion

Must include

proposed order

Parties agreeing to alternate cross-motion briefing schedule must submit stipulated motion and proposed order.

If the parties can reach an agreement on such a schedule and any necessary adjustments to the page/word limits, they shall submit a stipulated motion and proposed order for the Court’s approval.

CRITICALCivil cases

Applies to

Motion in limine

Must include

proposed order

Motions in limine must be submitted in joint brief with intro statement and separate headings for each motion.

All motions in limine shall be submitted in a joint brief that: (1) contains an introductory statement summarizing the case and the context for any disputes, with each side drafting its own statement if they cannot agree; and (2) presents each motion under a separate heading, below which the moving party will state its position

CRITICALCivil cases

Applies to

Motion in limine

Motions in limine must be submitted as a joint brief with introductory statement and separate headings for each motion.

All motions in limine shall be submitted in a joint brief that: (1) contains an introductory statement summarizing the case and the context for any disputes, with each side drafting its own statement if they cannot agree; and (2) presents each motion under a separate heading, below which the moving party will state its position and supporting legal authority, and the opposing

CRITICALCivil cases

Applies to

Exhibits

In addition, no later than seven days before the trial date, the parties should send an electronic copy of all exhibits in .PDF format with Optical Character Recognition ("OCR") searchable text to Courtroom Deputy Diyana Staples at Diyana_Staples@wawd.uscourts.gov.

In addition, no later than seven days before the trial date, the parties should send an electronic copy of all exhibits in .PDF format with Optical Character Recognition ("OCR") searchable text to Courtroom Deputy Diyana Staples at Diyana_Staples@wawd.uscourts.gov.

CRITICALCivil cases

Applies to

Exhibits

Parties must deliver two copies of trial exhibits to Courtroom Deputy 7 days before trial.

The parties must deliver two copies of their respective trial exhibits to Courtroom Deputy Diyana Staples seven days before the trial date. Each exhibit shall be clearly marked.

CRITICALCriminal cases

Applies to

Motion to continue

Must include

speedy trial waiver

Motion to continue trial date not granted until speedy trial waiver filed if opposed by defense.

The Court will not grant a motion to continue a trial date that is not opposed by defense counsel’s client(s) until a speedy trial waiver has been filed.

CRITICALCriminal cases

Applies to

Trial brief

Must include

no motions in limine

Motions in limine in trial briefs that should have been filed earlier will be stricken.

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

Electronic exhibit

Electronic exhibits must be delivered to Courtroom Deputy before trial.

Exhibits must be delivered to the Courtroom Deputy prior to the trial date. Exhibits are to be delivered in the following format:

CRITICALCivil cases

Applies to

Jury instructions

Must include

proposed order

A. Jury Instructions

A. Jury Instructions

CRITICALCivil cases

Applies to

Bench trial

Must include

proposed findings conclusions

Proposed findings and conclusions required after bench trial.

F. Proposed Findings of Fact and Conclusions of Law Following a Bench Trial

CRITICALCivil cases

Applies to

Trial exhibit

Original and copy of trial exhibits due to Courtroom Deputy 7 days before trial.

The original and one copy of the trial exhibits are to be delivered to Natalie Wood, Courtroom Deputy, seven days before the trial date.

CRITICALCivil cases

Applies to

Exhibits

E. Procedures for Handling Exhibits

E. Procedures for Handling Exhibits

CRITICALCivil cases

Applies to

Trial exhibit

Must include

pre marked, clearly marked

All trial exhibits must be pre-marked and clearly labeled.

All trial exhibits must be pre-marked by counsel. Each exhibit must be clearly marked.

CRITICALCivil cases

Applies to

Proposed findings conclusions

Proposed findings of fact and conclusions of law must cite specific record materials.

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.

CRITICALCriminal cases

Applies to

Motion to continue

Must include

speedy trial waiver

Motions to continue trial date require speedy trial waiver except for stipulated/unopposed motions.

All motions to continue the trial date except stipulated and unopposed motions shall be accompanied by a waiver of speedy trial beyond the proposed new trial date by the longer of (1) three weeks beyond the noting date of the motion or (2) two weeks beyond the requested trial date.

CRITICAL

Applies to

Jury instructions

Proposed jury instructions must be filed on the docket and emailed in Word format, include preliminary and final instructions, a proposed verdict form, and comply with LCR 51.

Proposed jury instructions must be submitted both on the docket and in Word format via e-mail. The Court recommends the latest version of the https://www.ce9.uscourts.gov/jury-instructions/ as the preferred proposed instructions. Instructions must comply with LCR 51 and include the parties' proposals for both preliminary and final instructions. Instructions should be sent to kingorders@wawd.uscourts.gov and natalie_wood@wawd.uscourts.gov. The proposed instructions should also include a proposed verdict form.

CRITICALCivil cases

Applies to

Jury instructions

Proposed jury instructions must be submitted on ECF and via email in Word format.

Proposed jury instructions must be submitted both on the docket and in Word format via e-mail. The Court recommends the latest version of the Ninth Circuit Model Jury Instructions as the preferred proposed instructions. Instructions must comply with LCR 51 and include the parties’ proposals for both preliminary and final instructions. Instructions should be sent to kingorders@wawd.uscourts.gov and natalie_wood@wawd.uscourts.gov. The proposed instructions should also include a proposed verdict form.

CRITICALCivil cases

Applies to

Deposition designations

D. Objections to Deposition Designations

D. Objections to Deposition Designations

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

Email proposed orders in Word format to specified address.

Pursuant to this District's Electronic Filing Procedures, the moving party must email a Microsoft Word version of a proposed order to kingorders@wawd.uscourts.gov. Parties may not send requests for substantive relief to this email address.

CRITICAL

Applies to

Pleading or motion

Must include

certificate of no improper purpose

By filing, attorneys and unrepresented parties certify that the filing is not for an improper purpose.

By filing a pleading, written motion, or other paper, an attorney or unrepresented party "certifies that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances": (1) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation.

CRITICALCriminal cases

Applies to

Supervised release sentencing memorandum

Supervised release sentencing memoranda due 5 days before hearing.

Each party shall file its supervised release sentencing memorandum no later than five days in advance of the evidentiary and/or disposition hearing on a supervised release violation.

CRITICAL

Applies to

Motion

Must include

proposed order

Proposed orders required for non-dispositive motions requiring Court signature.

Under LCR 7(b)(1), any motion requiring the signature of the Court must be presented along with a proposed order. However, Parties are not required to submit proposed orders for dispositive motions.

CRITICALCivil cases

Applies to

Trial evidence

Must include

video deposition

Video depositions must be submitted on USB or DVD to Chambers and parties by deadline.

If a Party intends to offer a video deposition instead of live testimony, the Party must, in addition to complying with the provisions above, submit a copy of the video deposition on a USB flash drive (preferred) or DVD to Chambers and to all other Parties no later than the deadline for filing deposition designations.

CRITICAL

Applies to

Proposed order

Proposed orders must be emailed to linorders@wawd.uscourts.gov with specific subject heading.

Pursuant to this District’s Electronic Filing Procedures, the moving party must email a Microsoft Word version of a proposed order to linorders@wawd.uscourts.gov at the time of filing. The subject heading of the email should include the case number, the case name, and the title of the motion rather than simply, “Proposed Order.”

CRITICALCivil cases

Applies to

Witness availability

Trial will not recess for unavailable witnesses except in extraordinary circumstances.

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

CRITICALCivil cases

Applies to

Trial evidence

Must include

deposition conference

Parties must meet and confer 3 days before deposition designation deadline.

No later than three (3) days prior to the due date for deposition designations, the Parties shall meet and confer regarding any disputed deposition designations.

CRITICAL

Applies to

Exhibit list

Exhibit lists required; unfiled exhibits must be emailed in PDF format by 24 hours before hearing.

Any Party intending to introduce documentary evidence at a hearing must supply a list of exhibits. For exhibits that have already been filed with the Court, the Party should clearly indicate the applicable docket number. If an exhibit has not been filed, the Party must supply the exhibit via email, in PDF format, to all relevant Parties and to the Court as soon as possible, but no later than twenty-four (24) hours before the hearing.

CRITICALCivil cases

Applies to

Impeachment procedure

Copies of impeachment documents must be provided to witness, court, and opposing counsel.

Where Counsel seek to impeach a witness by use of that witness’s prior deposition or other discovery materials, copies of the relevant document must be provided to the witness, the Court, and opposing Counsel.

CRITICAL

Applies to

Discovery motion

Must include

verbatim recitation

Opposed discovery motions must include verbatim discovery request and objection or attach a copy.

Opposed discovery motions shall contain a verbatim recitation of the discovery request and objection (if any) at issue or shall attach a copy of such.

CRITICALCriminal cases

Applies to

Witness procedure

Witness sequestration rule in effect until closing arguments.

The rule on exclusion (sequestration) of witnesses will be in effect throughout the trial until the time of closing arguments and instructions. Other than Parties and their representatives, all witnesses must remain out of the courtroom except while testifying. After completion of their own testimony, a witness may remain in or return to the courtroom but cannot then be recalled.

CRITICAL

Applies to

Stipulated protective order

Must include

local rule certificate

Stipulated protective orders must be filed with a redlined version showing deviations from the district's model protective order, or a certification stating there are no deviations if none exist.

A redlined version showing deviations from the model should be attached to and filed along with any proposed stipulated protective order. See LCR 26(c)(2). If there are no differences from the model, the Parties shall include with the stipulation a certification stating as much. (Merely tailoring any of the bracketed information requested in the model order and/or providing a list of specific documents to be designated as confidential in Section 2 is not considered a change or difference from the model.)

CRITICAL

Applies to

Attorney fees motion

Attorney fee motions must include declaration with timesheets and costs.

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

CRITICAL

Applies to

Motion in limine

Joint briefs for motions in limine must include an introductory statement, section for agreed motions, and section for disputed motions with separate headings and supporting authority for each party's position.

The brief must contain: (1) an introductory statement summarizing the case and the context relevant to any dispute, with each side drafting its own statement if they cannot agree; (2) a section for agreed motions in limine in which the Parties shall list each issue and the agreement of the Parties as to that issue; (3) a section for any disputed motions in limine with a subsection for the Plaintiff’s disputed motions in limine and a subsection for Defendant’s disputed motions in limine, in which the Parties present each motion under a separate heading, below which the moving Party provides its position with supporting authority, followed by the position and supporting authority of the opposing Party.

CRITICALCivil cases

Applies to

Trial exhibits

Must include

table of contents

Trial exhibits must include table of contents/index with exhibit numbers and descriptions.

Both the physical and electronic copies of the trial exhibits must be accompanied by a table of contents or index identifying each exhibit. The table of contents or index must include the exhibit number and a brief description of each exhibit.

CRITICALCriminal cases

Applies to

Jury instruction

Counsel must provide proposed text for immediate jury instructions.

Counsel requesting that an immediate jury instruction be given to the jury must provide the Court with the proposed text of the jury instruction.

CRITICALCivil cases

Applies to

Voir dire submission

Parties must file joint submission with voir dire questions and case statement.

The Parties shall file a joint submission with (1) agreed-upon voir dire questions from the Court’s general voir dire; (2) any additional agreed-upon proposed voir dire questions; (3) a chart of any disputed proposed voir dire questions that includes (a) the proposed question, (b) the objection to the proposed question, and (c) the response to the objection; and (4) a proposed joint neutral statement of the case to be read during voir dire.

CRITICAL

Applies to

Witness notice

Must include

witness list

The Court expects the Parties to provide notice to Opposing Counsel of their next-day’s witnesses by 8 p.m. the day before a witness is to be called.

The Court expects the Parties to provide notice to Opposing Counsel of their next-day’s witnesses by 8 p.m. the day before a witness is to be called.

CRITICALCivil cases

Applies to

Voir dire documents

Must include

email submission

Format

DOCX

Voir dire documents must be submitted via email in Microsoft Word format to specified email addresses.

In addition to being filed on the docket, all of these documents must be submitted via email in Microsoft Word format linorders@wawd.uscourts.gov and to Courtroom Deputy Kadya Peter at Kadya_Peter@wawd.uscourts.gov.