Western District of Washington Document Filing Requirements

INFO

Training strongly encouraged for operating courtroom evidence presentation devices

Jurors have high expectations about the lawyers’ ability to operate the evidence presentation devices in the courtroom. Training is strongly encouraged.

INFOCriminal cases

Applies to

Jury selection

Counsel should also avoid using a peremptory challenge on a juror whose number is so high that he or she will not be reached in any event.

Counsel should also avoid using a peremptory challenge on a juror whose number is so high that he or she will not be reached in any event.

INFO

Applies to

Exhibit

Must include

exhibit tags

Exhibit tags available from clerk at pretrial conference or Clerk's Office

Exhibit tags can be obtained from the clerk at the pretrial conference or from the Clerk’s Office.

INFO

Applies to

Jury instructions

Counsel must review Judge Pechman's generic jury instructions before submitting proposed instructions.

Before submitting proposed jury instructions, counsel are instructed to review Judge Pechman's "generic" sets of preliminary and final jury instructions (available at www.wawd.uscourts.gov/judges/pechman-juryinstructions).

INFOCivil cases

Applies to

Post settlement dismissal

Must include

standard order

Court prefers standard order of post-settlement dismissal when parties notify of settlement.

In most cases, the Court will take one of two courses when parties notify it of settlement. If the parties agree, the Court will enter a standard order of post-settlement dismissal, which will contain the language excerpted below. This is the Court’s preferred course of action.

CRITICAL

Pro hac vice application must include a certificate of good standing and specific statements.

The application must include: (1) a certificate of good standing from the state bar of each state in which the applicant is admitted to practice, dated within 30 days of the application; (2) a statement that the applicant is a member in good standing of the bar of the highest court of the state in which the applicant maintains his or her principal office; (3) a statement that the applicant has read and will comply with the applicable local rules; (4) a statement that the applicant has not been disbarred or formally censured by a court of record or by a state bar association; and (5) a statement that there are no pending disciplinary proceedings against the applicant.

CRITICALCivil cases

Applies to

Motion

Motions for default judgment must include specific content requirements.

Motions for default judgment must provide sufficient information for the Court to enter judgment. Specifically: 1. The movant must establish subject matter jurisdiction and personal jurisdiction. 2. The movant must support a motion for default judgment with a declaration. 3. The movant must address the factors set forth in Eitel v. McCool, 782 F.2d 1470, 1471–72 (9th Cir. 1986). 4. The movant must separately state the amounts owing on the principal claim, liquidated damages (if applicable), pre- and post-judgment interest on the principal claim (if applicable), and reasonable attorney’s fees (if applicable). 5. The movant must provide a concise explanation of how all amounts were calculated, and must support this explanation with adequate evidence establishing the amount of the principal claim, the interest owing, the attorney’s fees, and other relevant amounts. 6. If the claim is based on a contract, the movant must provide the Court with a copy of the contract and draw the Court’s attention to the relevant provisions. 7. If an interest rate other than that provided by 28 U.S.C. § 1961 applies, the movant must state the rate and the reasons for applying it, and include all interest calculations. 8. In diversity cases, the movant must address what jurisdiction’s law applies to their substantive claims and remedies.

CRITICALCivil cases

Applies to

Infringement contentions

Each party claiming patent infringement must serve Disclosure of Asserted Claims and Infringement Contentions containing specific information including asserted claims, accused devices, claim charts, indirect infringement details, equivalents, and priority dates.

120 Disclosure of Asserted Claims and Infringement Contentions. Not later than 30 days after the Scheduling Conference, each party claiming patent infringement shall serve on all parties its "Disclosure of Asserted Claims and Infringement Contentions" which shall contain the following information: (a) The identification of each claim of each patent in suit that is allegedly infringed by each opposing party, including for each claim the applicable statutory subsections of 35 U.S.C. § 217 asserted; (b) For each Asserted Claim, each accused apparatus, product, device, process, method, act, or other instrumentality ("Accused Device") of each opposing party. Each product, device, and apparatus must be identified by name or model number, if known. Each method or process must be identified by name, if known, or by any product, device, or apparatus which, when used, allegedly results in the practice of the claimed method or process; (c) A chart identifying specifically where each element of each Asserted Claim is found within each Accused Device, including for each claim element that such party contends is governed by 35 U.S.C. § 112(6), the identity of the structure(s), act(s), or material(s) in the Accused Device that performs the claimed function; (d) For each claim which is alleged to have been indirectly infringed, an identification of any direct infringement and a description of the acts of the alleged indirect infringer that contribute to or are inducing that direct infringement. Insofar as alleged direct infringement is based on joint acts of multiple parties, the role of each such party in the direct infringement must be described. (e) Whether each element of each asserted claim is claimed to be literally present and/or present under the doctrine of equivalents in the Accused Device; and (f) For any patent that claims the priority of an earlier application, the priority date to which each asserted claim allegedly is entitled.

WARNING

Applies to

Application for compensation

Applications for compensation must contain specified content including employment order date, prior compensation, source of payment, unencumbered funds, narrative summary, itemized time records, and expense statement.

Unless otherwise ordered by the court, all applications for compensation, except chapter 13 attorney applications, shall contain the following: (1) the date of entry of the order approving the applicant's employment; (2) a statement, by date, of the amounts of compensation and reimbursement of expenses previously allowed and amounts paid; (3) the source of payment for requested compensation and reimbursement of expenses; (4) the amount of unencumbered funds in the estate; (5) a narrative summary of the services provided, results obtained and benefit to the estate; (6) an itemized time record of services for which any time-based award of compensation is sought, including: (A) the date the service was rendered; (B) the identity of the person who performed the service and the hourly rate of such individual; (C) a detailed description of the service rendered and the time spent performing the service requested; and (7) a statement of expenses, by category, for which reimbursement is sought. For extraordinary expenses, state: (A) the date the expense was incurred; (B) a description of the expense; (C) the amount of the expense requested; and (D) the necessity of the expense.

WARNING

Each page footer must include abbreviated title and page number on left, and attorney/firm/pro se party name on right.

The left side of the bottom of each page of all papers shall contain an abbreviated title of the paper, followed by the page number. The right side of the bottom of the attorney, firm, or pro se party preparing the paper.

WARNING

Requests for special notice must use Local Bankruptcy Form 11 and include specified information: name, address, phone, creditor status, and scope limitation.

A person or entity filing a request for notice pursuant to Fed. R. Bankr. P. 2002(i) must use Local Bankruptcy Form 11 and include in the request the following information: (1) the name of the person or entity requesting notice; (2) the address for service; (3) telephone number; (4) a statement that the requesting party is a creditor or equity security holder of the debtor and the court has limited notice; and (5) a statement that the request is limited to notices required to be provided under Fed. R. Bankr. P. 2002(a)(2), (a)(3) and (a)(6) and does not include any moving or responsive or reply documents, any evidence, or any proposed orders or entered orders.