Western District of Washington Document Filing Requirements

INFO

Applies to

Complaint

Must include

pro se complaint form available

Pro se complaint form available on Court website

The Court’s website has a pro se complaint form that you may choose to use to seek review of the Social Security Administration's denial of disability benefits.

INFOCivil cases

Applies to

Pretrial order

Parties may request electronic exhibit presentation to jurors via pretrial order and final pretrial conference.

The parties may request to present exhibits in electronic format to jurors by including the request in their pretrial order as set forth in LCR 16 and by reiterating the request to the assigned judge prior to or during the final pretrial conference.

INFOCivil cases

Applies to

Deposition transcript

Rule does not apply to deposition testimony offered solely for impeachment

This rule does not apply to deposition testimony offered solely for impeachment.

INFOCivil cases

Applies to

Final conference

Must include

court review of pretrial order

Court may review sufficiency of proposed pretrial order.

The court may consider and take action with respect to: (1) The sufficiency of the proposed pretrial order;

INFO

Applies to

Scheduling order

Must include

issued after ar filed

Court issues briefing schedule after AR filed

After the Social Security Administration has filed the AR, the Court will issue a briefing schedule by issuing a Scheduling Order.

INFOCivil cases

Applies to

Motion for costs

Costs motions decided by clerk without oral argument unless directed.

Motions for costs shall be considered by the clerk. All motions for costs will be decided by the clerk on the written filings and without oral argument unless the clerk specifically directs the parties to appear for a hearing.

INFOCivil cases

Applies to

Rule 26f conference

ESI discovery costs may be apportioned by court upon good cause showing.

(6) Generally, the costs of discovery shall be borne by each party. However, on motion or on its own, the court may apportion the costs of discovery related to ESI upon a determination of good cause, considering the factors in Fed. R. Civ. P. 26(b)(2)(C) and the parties' failure to agree to the Model ESI Agreement, a modified version or other similar agreement.

INFOCivil cases

Applies to

Receiver administration

Must include

bankruptcy practice followed

Receivers must follow bankruptcy estate administration practices unless court orders otherwise.

In all other respects the receiver or similar officer shall administer the estate as nearly as may be in accordance with the practice in the administration of estates in bankruptcy, except as otherwise ordered by the court.

INFOCivil cases

Applies to

Receiver compensation

Must include

court award required, notice to creditors required, notice must state amount claimed

The compensation of receivers or similar officers, of their counsel, and of all those who may have been appointed by the court to aid in the administration of the estate, the conduct of its business, the discovery and acquirement of its assets, the formation of reorganization plans, and the like, shall be ascertained and awarded by the court in its discretion. Such an allowance shall be made only on such notice to creditors and other persons in interest as the court may direct. The notice shall state the amount claimed by each applicant.

The compensation of receivers or similar officers, of their counsel, and of all those who may have been appointed by the court to aid in the administration of the estate, the conduct of its business, the discovery and acquirement of its assets, the formation of reorganization plans, and the like, shall be ascertained and awarded by the court in its discretion. Such an allowance shall be made only on such notice to creditors and other persons in interest as the court may direct. The notice shall state the amount claimed by each applicant.

INFO

Applies to

Filing fee payment

Must include

payment methods

Clerk accepts credit cards and checks/money orders for payment.

The Clerk’s Office accepts the following forms of payment: • Visa, MasterCard, American Express and Discover • Personal checks, cashier checks and money orders

INFO

Applies to

Case initiation

Must include

court appointed counsel application

Specific forms for court-appointed counsel based on case type.

To request an attorney, you must complete the correct form based on the type of case you are filing. One form is specifically for civil rights cases and the other for employment discrimination cases. Both forms can be found at the end of this guide and on our website at www.wawd.uscourts.gov/court-forms under “Self- Representation.” If your claims do not fall under either category, you can create your own form and submit it to the court.

INFO

Applies to

Case initiation

Must include

ifp application

Summons not issued until IFP granted.

Once a decision has been made, a copy of the order will be mailed to you at the address listed on the complaint. Summons will not be issued until the IFP has been granted and the court gives the clerk permission to do so.

INFO

Applies to

Case initiation

Must include

filing fee

Filing fee for opening a case is $405.00.

The filing fee to open a case in federal court is $405.00.

INFO

Applies to

Ifp filing

Must include

case number, judge assignment, summons issuance

IFP cases are randomly assigned to judges; summons are not issued until court order is entered.

If you file an IFP requesting that the court waive the filing fee, the clerk will: 1) Randomly assign a case number and judge, based on the county where the incident took place or where the defendant(s) reside. 2) Social Security appeals are randomly assigned to judges in Seattle or Tacoma, regardless of their location. 3) Summons will not be issued until an order is entered by the court and the clerk is given permission to issue them.

INFO

Applies to

Motion

Oral argument is requested by writing "Oral Argument Requested" under the case number and document title.

To request oral argument on a motion, "Oral Argument Requested" must be written under the case number and document title. If the request for oral argument is granted, the parties will be contacted as to the date and time of argument, as established by LCR 7.

INFO

Applies to

Litigation hold letter

Must include

certificate of service

Litigation hold letters may be sent to preserve evidence before formal discovery.

However, a party may send a letter called a “litigation hold” or also called “preservation letters” or “stop destruction requests”. The letter or communication basically advises the other side of the possibility of future litigation and identifies the relevant documents and electronically stored information which should be preserved.

INFO

Applies to

Case initiation

Must include

ifp application

IFP form available in packet or online.

The IFP form can be found at the end of this packet or on our website at www.wawd.uscourts.gov/court-forms under "Self-Representation."

INFO

Applies to

Summons

Must include

certificate of service

Service can be performed by any person over 18 who is not a party to the case.

Any person over the age of 18 and not a party to the case may serve the required documents.

INFO

Applies to

Case initiation

Must include

court appointed counsel application

Application for court-appointed counsel available but not guaranteed.

If you cannot afford an attorney but would like to request one be appointed, you can submit an "Application for Court-Appointed Counsel." Although this option is available, there is no right to representation in civil matters and no guarantee that the judge will appoint an attorney in your case.

INFO

Applies to

Summons

Summons issuance timing depends on filing fee vs IFP status.

If you pay the filing fee, summons can be issued immediately. If you file an IFP, summons will not be issued until the motion is granted and the clerk receives permission from the court to do so.

INFO

Applies to

Case filing

Must include

case number, judge assignment

Filing fee cases are randomly assigned to judges based on county or defendant residence; Social Security appeals go to Seattle/Tacoma judges.

If you pay the filing fee, the clerk will: 1) Randomly assign a case number and judge, based on the county where the incident took place or where the defendant(s) reside. 2) Social Security appeals are randomly assigned to judges in Seattle or Tacoma, regardless of where you reside. 3) Issue summons, if submitted.

INFOCivil cases

Must include

jury size seven, six person jury allowed

Seven-person jury standard; six-person jury allowed if juror cannot complete trial.

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.

INFO

Applies to

Complaint

Must include

jury demand

Only complete jury demand box in Section VII as per LCR 38(b).

The only information you will complete in this section is the jury demand box, as established by LCR 38(b).

INFO

Must include

court appointed counsel application

Factors for court-appointed counsel decision.

The judge may base his or her decision on several factors, including but not limited to: 1. Do you have the financial ability to hire counsel? 2. Have you made reasonable efforts to hire counsel on your own? 3. Can you prepare and present your case without the help of an attorney? 4. How complex is your case?

INFO

Applies to

Case initiation

Must include

ifp application

IFP application required to waive filing fee.

If you cannot afford to pay the filing fee, you can apply to have the fee "waived," which means your case may proceed without payment of the filing fee. In order to make that request, you must complete an "Application to Proceed In Forma Pauperis" – commonly referred to as an "IFP" – and submit it with your initiating documents.

INFO

Applies to

Deposition

Depositions are recorded interviews under oath per FRCP 30.

A “deposition” is like an interview where you, the defendant(s) or other witnesses answer questions in person and under oath. A deposition is usually recorded by audio recording, video recording, or by a court reporter, as established by FRCP 30.

INFO

Applies to

Case filing

Federal law, Social Security, and federal agency decisions belong in federal court.

Is your case about a federal law, the denial of Social Security benefits, other federal benefits, or a decision by a federal agency? If so, you are likely in the right court.

INFO

Applies to

Praecipe

Praecipe form can be used to request summons issuance later.

If you prefer to wait and have summons issued later, you may submit them with a “Praecipe” form.

INFOCivil cases

Applies to

Bench trial

Must include

resume cv sufficient for expert qualification

Resume/CV generally sufficient for expert qualification in bench trials.

A proper resume or curriculum vitae generally will suffice for the determination of an expert witness’ qualification without additional questioning.

INFOCivil cases

Applies to

Settlement conference

Must include

contact information available

Other people who may increase the probability of settling the case should be present, if possible. For example, the attendance of an expert may be helpful. Counsel assisting the client on related matters may need to be involved. At the very least, contact information should be available for them at the conference.

Other people who may increase the probability of settling the case should be present, if possible. For example, the attendance of an expert may be helpful. Counsel assisting the client on related matters may need to be involved. At the very least, contact information should be available for them at the conference.

INFOCivil cases

Counsel should engage in preliminary discussions to narrow disputes before settlement conference.

Counsel for the parties are strongly encouraged to engage in preliminary discussions with an eye toward meaningfully narrowing their disputes before appearing for the Conference.

INFOCivil cases

Applies to

Deposition designations

The deposition-designation requirements in this rule do not apply when deposition testimony is offered solely for impeachment.

This rule does not apply to deposition testimony offered solely for impeachment.

INFOCivil cases

Applies to

Notice of supplemental authority

Before a pending motion is decided, a party may serve and file a Notice of Supplemental Authority attaching later-issued relevant 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.

INFOCriminal cases

Applies to

Brief

Pro se appellant may file a short statement of issues instead of a formal brief.

If appellant is pro se, appellant may file a short statement of the issues for the court to consider on appeal, instead of a formal brief.

INFOCivil cases

Applies to

Stipulation to consolidate

The consolidation stipulation should, to the extent possible, address scheduling issues, including which case schedule governs.

The stipulation should also address, to the extent possible, any scheduling issues implicated by consolidation such as which case schedule should govern in the consolidated action.

INFOCriminal cases

Applies to

Motion

Argument in support of motion may be included in the motion; no separate brief required.

The argument in support of the motion may be submitted as part of the motion itself and need not be made in a separate document.

INFOCivil cases

Applies to

Habeas petition or 2255 motion

Upon request, the clerk must provide blank court forms for habeas petitions and § 2255 motions.

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

Motion exhibits

A party may timely file appropriate additional exhibit excerpts with a reply brief, and responding parties may timely file additional excerpts they believe are directly germane.

Parties who file excerpts do so without prejudice to their right to timely file additional excerpts of the exhibit with reply briefs if otherwise appropriate. Responding parties may also timely file additional excerpts of the exhibit that they believe are directly germane.

INFOCriminal cases

In the event that a defendant wishes to provide a written statement accepting responsibility, the statement should be signed by the defendant.

In the event that a defendant wishes to provide a written statement accepting responsibility, the statement should be signed by the defendant.

INFOCivil cases

Applies to

Declaration

Each party may submit declarations to attach documents for consideration and provide information sufficient for assessment of expenses and sanctions.

Each party may submit declarations for the purpose of attaching documents to be considered in connection with the submission and to provide sufficient information to permit the court to assess expenses and sanctions, if appropriate.

INFOCivil cases

Applies to

Jury trial

Civil jury trials use 8 jurors with 3 peremptory challenges per side.

In civil trials, the jury shall consist of eight jurors. Each side may use up to three peremptory challenges.

INFOCivil cases

Applies to

Deposition testimony

Deposition transcripts will not be read at bench trials

Deposition transcripts will not be read at trial.

INFOCivil cases

Applies to

Proposed findings conclusions

Proposed findings and conclusions not filed in advance; may be ordered at trial's end.

Proposed findings of fact and conclusions of law shall not be filed in advance of trial. Where necessary, the Court will order that such documents be filed at the conclusion of trial.

INFOCivil cases

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

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

INFOCivil cases

Applies to

Trial procedures

Realtime reporter will take official record of all trials and proceedings.

The official record of all trials and proceedings will be taken by a realtime reporter.

INFOCivil cases

Applies to

Trial schedule

Trial day schedule: 9:00 AM - 12:00 PM and 1:30 PM - 4:30 PM with 15-minute breaks.

The normal trial day goes from 9:00 a.m. to noon and 1:30 p.m. to 4:30 p.m., with morning and afternoon breaks fifteen minutes in duration at the Court's discretion.

INFOCivil cases

Applies to

Expert witness

Expert witness resumes/CVs generally sufficient for qualification in bench trials

A proper resume or curriculum vitae generally will suffice for the determination of an expert witness's qualification without additional questioning.

INFO

Applies to

Stipulated motion

Stipulated motions may be noted on filing day but not necessarily signed that day.

Stipulated motions may be noted for the day they are filed, but may not necessarily be signed that day.

INFO

Applies to

Exhibit

Once identified on exhibit list or pretrial order, any party may use the exhibit

Once a party has identified an exhibit on the exhibit list or in the pretrial order, any party may use it.

INFOCriminal cases

Applies to

Jury selection

Criminal jury will have 12 members and 1-2 alternates.

The jury will consist of twelve members and one or two alternates.