Western District of Washington Document Filing Requirements

INFO

Applies to

Complaint

Must include

consent to magistrate judge

At the start of your case, whether you are filing your complaint electronically or in person at the Clerk’s Office, you will be asked if you consent to have a United States Magistrate Judge decide your case.

At the start of your case, whether you are filing your complaint electronically or in person at the Clerk’s Office, you will be asked if you consent to have a United States Magistrate Judge decide your case.

INFO

Applies to

Non dispositive pretrial matter

Magistrate judges may hear non-dispositive pretrial matters upon district judge reference.

(a) In accordance with 28 U.S.C. ' 636(b)(1)(A) and Fed. R. Crim. P. 59, a full-time magistrate judge may, upon reference by a district judge, hear and determine any non-dispositive pretrial matter in a case pending before the district judge, other than those matters excluded by 28 U.S.C. § 636(b)(1)(A).

INFOCivil cases

Applies to

Local rules

Must include

citation format

Local rules citation format: LCR for civil, CrR for criminal, MJR for magistrate, Local Patent Rules, Local Admiralty Rules.

The local rules of this district should be cited “Local Rules W.D. Wash. __.” The rule number should be preceded by “LCR” for the Local Civil Rules, 1 by “CrR” for the Local Criminal Rules, and by “MJR” for rules governing proceedings before magistrate judges. The Local Patent Rules may be cited as “Local Patent Rules,” and the Local Admiralty Rules may be cited “Local Admiralty Rules.”

INFO

Applies to

Final order

Must include

issued after review

Court issues final order after review

The Court will then issue an Order deciding the outcome of the case.

INFOCivil cases

Applies to

Habeas corpus petition

§ 2255 motions and IFP habeas petitions have no filing fee.

No filing fee is required for motions filed pursuant to 28 U.S.C. § 2255 or for petitions for habeas corpus filed with applications to proceed in forma pauperis.

INFOCivil cases

Applies to

Jury instructions

Must include

chambers copy

Court provides written copies of jury instructions to jury.

The court will provide written copies of the instructions to the jury.

INFOCivil cases

Applies to

Complaint

Fee schedule and form templates available on court website.

The Fee Schedule and form templates are available on the court’s website (www.wawd.uscourts.gov).

INFO

Applies to

Objection to magistrate ruling

Objections to magistrate rulings follow Fed. R. Civ. P. 72(a) or Fed. R. Crim. P. 59(a).

(b) Objections to the ruling of a magistrate judge in a non-dispositive pretrial matter are governed by Fed. R. Civ. P. 72(a) in a civil case, and by Fed. R. Crim. P. 59(a) in a criminal case.

INFO

Applies to

Habeas corpus proceeding

Magistrate judges may issue preliminary orders and conduct hearings in ' 2254/' 2255 cases, but final orders require district judge.

(b) In considering prisoner applications for post-trial relief under paragraph (a)(1), the magistrate judges may perform all the duties imposed on a judge in the Rules governing ' 2254 and ' 2255 proceedings. In so doing, a magistrate judge may issue any preliminary orders, and conduct any necessary evidentiary hearing or other appropriate proceeding. Any order disposing of the petition may only be made by a district judge.

INFOCivil cases

Applies to

Trial time division

If parties cannot agree on trial time division, judge will order division

If the parties cannot agree to a division of trial time, the judge shall order a division.

INFO

Applies to

Evidentiary hearing

Must include

proposed findings conclusions

Magistrate judges may conduct evidentiary hearings and submit proposed findings/recommendations.

(a) In accordance with 28 U.S.C. ' 636(b)(1)(B) and (C) and Fed. R. Crim. P. 59(b), a full-time magistrate judge may, upon reference by a district judge, in a case pending before the district judge, hear, conduct such evidentiary hearings as are deemed necessary or appropriate by the magistrate judge, and submit to the referring district judge proposed findings of fact and/or a report and recommendation for the disposition of any matter specified in 28 U.S.C. § 636(b)(1)(B) and;

INFO

Applies to

Motion

Must include

formal request

Motion is formal request for Court action

A motion is a formal request that asks the Court to take certain action.

INFOCivil cases

Applies to

General

Must include

professionalism requirement

High degree of professionalism expected from lawyers.

The judges of this district expect a high degree of professionalism from the lawyers practicing before them.

INFOCivil cases

Applies to

In forma pauperis proceeding

Must include

witness fee payment

Witness fees paid by marshal for in forma pauperis parties in habeas/2255 cases.

In all proceedings in forma pauperis, for a writ of habeas corpus, or under 28 U.S.C. § 2255, the marshal shall pay all fees of witnesses for the party authorized to proceed in forma pauperis, upon the certificate of the judge.

INFOCivil cases

Applies to

General

Local rules apply to all civil proceedings unless otherwise ordered.

These are the Local Rules of practice for civil proceedings before the United States District Court for the Western District of Washington. These rules, promulgated under 28 U.S.C. § 2071 and Fed. R. Civ. P. 83, have been adopted by the judges of the district and apply to all civil proceedings before this court unless otherwise ordered in a specific case.

INFOCivil cases

Must include

cost reduction acknowledgment

The judges of this district are committed to assisting the bar and litigants to reduce costs in civil cases. It is the obligation of all counsel, as officers of the court, to work toward the prompt completion of each case and to minimize the costs of discovery.

The judges of this district are committed to assisting the bar and litigants to reduce costs in civil cases. It is the obligation of all counsel, as officers of the court, to work toward the prompt completion of each case and to minimize the costs of discovery.

INFOCivil cases

Applies to

Witness exclusion order

Counsel responsible for monitoring witness exclusion order compliance.

Counsel will be responsible for monitoring compliance with an order excluding witnesses from the courtroom during trial.

INFOCivil cases

Applies to

Motion for entry of default judgment by clerk

Clerk's default judgment motions need not be served on defaulting parties.

A motion for entry of default judgment by the clerk need not be served on the defaulting party.

INFOCivil cases

Applies to

Discovery plan

Must include

proportionality standard applied

Proportionality standard required in all discovery planning.

The proportionality standard set forth in Fed. R. Civ. P. 26(b)(1) must be applied in every case when parties formulate a discovery plan and promulgate discovery requests. To further the application of the proportionality standard in discovery, discovery requests and related responses should be reasonably targeted, clear, and as specific as possible.

INFOCivil cases

Applies to

Summons

Private litigants encouraged to seek waiver of service under FRCP 4 before requesting US Marshals Service.

Private litigants are encouraged to seek a waiver of service as provided by Federal Rule of Civil Procedure 4 before seeking such an order.

INFOCivil cases

Applies to

General provision

Must include

magistrate authority acknowledged

Magistrate judges authorized to conduct pretrial conferences and related functions.

The full-time magistrate judges of this court are authorized to conduct pretrial conferences, enter and modify scheduling orders, and perform all other functions performed by district judges under Fed. R. Civ. P. 16 and this rule.

INFO

Applies to

Mental competency hearing

Magistrate judges may conduct mental competency hearings in felony cases.

(3) Hearings to determine mental competency pursuant to 18 U.S.C. '' 4241 et seq. in felony cases;

INFOCivil cases

Applies to

Legal intern practice

Legal interns are subject to all laws and rules governing lawyers and are personally responsible for their work.

A legal intern shall be authorized to engage in the limited practice of law only as authorized by the provisions of this rule. A legal intern shall be subject to all laws and rules governing lawyers admitted to this court and shall be personally responsible for all services performed as an intern.

INFOCivil cases

Applies to

General

Failure to provide proof of service does not invalidate service.

Failure to make the proof of service required by Fed. R. Civ. P. 5(d)(1)(B) does not affect the validity of the service, and the court may at any time allow the proof of service to be amended or supplied unless it clearly appears that to do so would result in material prejudice to any party.

INFO

Applies to

Court review

Must include

after reply brief deadline

Court reviews briefs and AR after reply brief deadline

Once the deadline for your reply brief has passed, the Court will review all of the briefs that were filed as well as the AR.

INFO

Applies to

Local rules

Must include

available online

Local rules available on Court website

All of the Court’s local rules can be accessed on the Court’s website under “Local Rules and General Orders,” or by clicking here.

INFOCivil cases

Applies to

Intra firm substitution

Must include

notice of appearance, notice of withdrawal

Intra-firm counsel changes require only Notices of Appearance/Withdrawal, not court order.

Where there has simply been a change of counsel within the same law firm, an order of substitution is not required; the new attorney should file a Notice of Appearance and the withdrawing attorney should file a Notice of Withdrawal.

INFOCivil cases

Applies to

Motion for costs

Witness fees allowed under 28 U.S.C. § 1821.

In taxing costs, the following rules shall be observed: (A) The attendance, travel, and subsistence fees of witnesses, for actual and proper attendance, shall be allowed in accordance with 28 U.S.C. § 1821, whether such attendance was procured by subpoena or was voluntary;

INFO

Applies to

Complaint

Must include

court service if ifp granted

Court serves complaint if IFP granted

If the Court finds that you are financially unable to pay the filing fee, and grants your application to proceed in forma pauperis, the Court will serve the complaint for you.

INFOCivil cases

Applies to

Multiple attorney withdrawal

Must include

no leave required

Multiple attorneys can withdraw without court leave if client remains represented.

Where a party is represented by multiple attorneys from the same or different firms and one or more attorneys wish to withdraw but will not leave the client without representation, leave of the court to withdraw is not required.

INFOCivil cases

Applies to

Notice of intention new trial

Notice of intention to move for new trial is deemed a motion for new trial

The notice shall be deemed to be a motion for a new trial.

INFOCivil cases

Applies to

Habeas corpus petition

Subsequent habeas filings may be treated as first petition if original wasn't dismissed on merits.

A subsequent filing may be deemed a first petition under this rule if the original filing was not dismissed on the merits.

INFOCivil cases

Applies to

Complaint

Only original complaint form required; no copies needed for prisoner civil rights complaints.

Plaintiff shall send to the clerk an original complaint form for filing; additional copies are not required.

INFO

Applies to

Administrative record

SSA files administrative record within 60 days

The Social Security Administration will respond to the complaint within approximately sixty (60) days by filing a copy of the administrative record (AR).

INFOCivil cases

Applies to

Motion for entry of default

Motions for entry of default need not be served on defaulting parties.

A motion for entry of default need not be served on the defaulting party.

INFO

Applies to

Reply brief

Must include

optional

Optional reply brief permitted

You may then submit an optional reply brief that addresses the arguments raised by the Social Security Administration.

INFOCivil cases

Applies to

General

Must include

interpretation requirement

Rules should be interpreted to promote just, efficient, speedy, and economical determination.

These rules should be interpreted so as to be consistent with the Federal Rules and to promote the just, efficient, speedy, and economical determination of every action and proceeding.

INFOCivil cases

Applies to

General

Court may issue orders to facilitate prompt, inexpensive, and just disposition of cases.

The court may make such orders as may facilitate the prompt, inexpensive, and just disposition of any action.

INFOCivil cases

Applies to

Multi party trial

In multi-party trials, plaintiffs and defendants divide their 3 hours among themselves

In multi-party trials, plaintiffs shall divide the three hours among themselves, and defendants shall divide the three hours among themselves.

INFOCivil cases

Applies to

Habeas corpus petition

Must include

local rule certificate

Clerk provides blank habeas corpus and § 2255 forms upon request.

Upon request, the clerk shall provide blank copies of forms prescribed by this court for petitions for writs of habeas corpus and motions filed pursuant to 28 U.S.C. § 2255.

INFOCivil cases

Applies to

Notice of supplemental authority

Must include

specific language

Before the court rules on a pending motion, a party may bring to the court's attention relevant authority issued after the date the party's last brief was filed by serving and filing a Notice of Supplemental Authority that attaches the supplemental authority without argument.

Before the court rules on a pending motion, a party may bring to the court's attention relevant authority issued after the date the party's last brief was filed by serving and filing a Notice of Supplemental Authority that attaches the supplemental authority without argument.

INFOCivil cases

Applies to

Trial time

Each side has 3 hours to present evidence (excluding opening and closing statements)

Each side shall have three hours to present evidence, not including time for opening statement and time for closing argument.

INFOCivil cases

Applies to

Bond

Must include

attorney monetary deposit allowed, bond voiding funds returned to surety

Attorneys may make monetary deposits on bonds with oral certification, but funds returned only to surety if bond voided.

Monetary deposits on bonds may be made by members of the bar on oral certification that the funds are the property of a specified person who has signed as surety on the bond. Upon voiding of the bond, such moneys shall be returned to the surety alone and not to the attorney.

INFO

Applies to

Post trial relief application

Magistrate judges may hear post-trial relief applications for criminal convictions.

(1) Applications for post-trial relief made by individuals convicted of criminal offenses;

INFOCivil cases

Applies to

General

Must include

judge web page review requirement

Counsel should review assigned judge's web page for procedural information.

All counsel and unrepresented parties are encouraged to review their assigned judge’s web page for procedural information specifically applicable to each judge.

INFOCivil cases

Applies to

General provision

Must include

court modification allowed

Court may modify or forgo procedures/deadlines by specific order.

The court may, by order in a specific case, modify or forgo any of the procedures or deadlines set forth in this rule.

INFO

Applies to

Post magistrate proceeding

Post-magistrate proceedings follow Fed. R. Civ. P. 72(b) or Fed. R. Crim. P. 59(b).

(c) After the magistrate judge=s proposed findings, recommendations or report have been filed, further proceedings before the district judge shall be governed by Fed. R. Civ. P. 72(b) in a civil case, and Fed. R. Crim. P. 59(b) in a criminal case.

INFOCivil cases

Applies to

General

Must include

consistent professionalism requirement

Professional conduct must be consistent inside and outside court.

There should be no difference between the professional conduct of counsel when appearing before the court and when engaged outside it whether in discovery or any other phase of a case.

INFOCivil cases

Applies to

Jury trial

Jury trial before 7 jurors, may proceed with 6 if a juror cannot complete

Jury trial will be before seven jurors and may proceed before a six-person jury if a juror is unable to serve through conclusion of trial and deliberations.

INFOCivil cases

Must include

professionalism acknowledgment

Judges are concerned about professionalism in discovery.

Along with the cost of civil litigation, the judges of this district are very concerned about professionalism among attorneys, especially in the conduct of discovery.