Western District of Washington Document Filing Requirements

CRITICAL

Applies to

Exhibit list

Must include

exhibit list

Updated exhibit lists with objections due by 8 PM daily

To the extent any objections remain after this conferral, the exhibit list with all updated stipulations and objections shall be emailed to the Courtroom Deputy by 8 p.m. each day.

CRITICAL

Applies to

Motion to continue

Must include

speedy trial waiver

Motion to continue must include 30-day speedy trial waiver.

All motions to continue the trial date shall be accompanied by a waiver of speedy trial at least thirty (30) days beyond the proposed new trial date except that any defendant contesting such a motion need not file a waiver.

CRITICAL

Applies to

Motion

Must include

certificate of conference

Motions require certification of conference, attached as separate page.

Motions shall contain a certification that the Parties have met and conferred (see also Section III.G for additional requirements as to FRCP 12(b) motions to dismiss). To not count against word limits for motions, the certification shall be attached as a separate page after the signature page of the motion and shall be signed by Counsel or the movant, if pro se.

CRITICAL

Applies to

Exhibits

Must include

original documents available at trial

Parties must have original documents available at trial.

Each Party will be responsible for having its original documents available at trial.

CRITICALCriminal cases

Waiver requests for witness exclusion must be discussed with opposing counsel first.

Counsel who desire a waiver of the rule with respect to a specific witness (for example, an expert) shall first discuss the matter with opposing Counsel and then present the request to the Court during the preliminary morning session prior to the start of trial on the particular day at issue.

CRITICAL

Applies to

Exhibit introduction

Must include

counsel name for videoconference

Counsel name required for videoconference exhibit introduction.

When the hearing at which exhibits will be introduced will proceed by videoconference, the email to the Court must identify the full name of the Counsel who will be introducing the exhibit, so the Court may authorize the appropriate attorney to share their screen.

CRITICAL

Applies to

Stipulated motion to continue

Must include

signed speedy trial waivers

file speedy trial waivers signed by the Defendant(s) with the stipulation to continue the trial.

file speedy trial waivers signed by the Defendant(s) with the stipulation to continue the trial.

CRITICAL

This Order has the force and effect of court orders from its date.

The terms of this Order shall have the force and effect of orders of the Court from the date of the Order.

CRITICALCriminal cases

Applies to

Joint instructions statement

Must include

joint submission

Joint Instructions Statement and verdict form must be emailed in Word format to specified addresses.

The Joint Instructions Statement and verdict form must be submitted via email in Microsoft Word format to linorders@wawd.uscourts.gov and to Courtroom Deputy Kadya Peter at Kadya_Peter@wawd.uscourts.gov.

CRITICAL

Applies to

Notice of settlement

Must include

settlement in principle

Notice of Settlement required when settlement in principle reached but not finalized.

For Parties who do not wish to voluntarily dismiss the action (e.g., a settlement in principle has been reached but not yet finalized) and where court approval of a settlement is not required, Parties must file a Notice of Settlement upon reaching a settlement in principle.

CRITICALCivil cases

Applies to

Joint instructions statement

Must include

email submission

Format

DOCX

Joint Instructions Statement, jury instruction chart, and verdict form must be submitted via email in Microsoft Word format to specified email addresses.

The Joint Instructions Statement, jury instruction chart, and verdict form must be submitted in Microsoft Word format via email to linorders@wawd.uscourts.gov and to Courtroom Deputy Kadya Peter at Kadya_Peter@wawd.uscourts.gov.

CRITICALCriminal cases

Witnesses must not discuss testimony with other witnesses.

Counsel shall instruct witnesses not to discuss their testimony with other witnesses, either before or after they complete their testimony.

CRITICALCriminal cases

Applies to

Joint motion

Must include

stipulation, joint motion

The Parties shall file either a stipulation (if agreement can be reached) or a joint motion explaining each Party’s respective positions (if agreement cannot be reached).

The Parties shall file either a stipulation (if agreement can be reached) or a joint motion explaining each Party’s respective positions (if agreement cannot be reached).

CRITICALCriminal cases

Applies to

Motion to continue trial date

Must include

speedy trial waiver, speedy trial act calculation

Motions to continue trial date require speedy trial waiver (except contested by defendant) and Government must include Speedy Trial Act calculation for contested motions.

All motions to continue the trial date shall be accompanied by a waiver of speedy trial, except that any defendant contesting such a motion need not file a waiver. A contested motion to continue the trial date filed by the Government shall be accompanied by a calculation of time under the Speedy Trial Act.

CRITICAL

Applies to

Witness instructions

Must include

witness instructions

Witnesses must be instructed not to discuss testimony with other witnesses.

Counsel shall instruct witnesses not to discuss their testimony with other witnesses, either during or after they complete their testimony.

CRITICAL

Applies to

Motion

Motions must be filed as a single document with legal argument.

A motion and the legal argument supporting the motion shall be filed as a single document.

CRITICAL

Applies to

Exhibit list

Must include

exhibit list

Daily meeting to exchange proposed exhibits for next trial day

Thereafter, the Parties are directed to meet at a mutually agreed upon time during each trial day to exchange a set of proposed exhibits and demonstratives to be used the following day.

CRITICALCriminal cases

Must include

stand when objecting, no speaking objections

Speaking objections not permitted; counsel must stand when objecting unless accommodated.

“Speaking objections” in the presence of the jury will not be permitted. Counsel must stand when raising objections (unless an accommodation has been provided, see infra Section III.A and

CRITICAL

Applies to

Brief

Briefs 10+ pages require table of contents and authorities.

Parties who file a brief that is ten (10) pages or longer shall include a table of contents and a table of authorities (neither of which counts toward the word limit, see LCR 7(e)(6)).

CRITICAL

Applies to

Exhibit list

Must include

joint final exhibit list

Joint exhibit list in Word format due 5 days before trial.

A joint, final exhibit list in Microsoft Word format must be emailed to Kadya Peter, Courtroom Deputy, at Kadya_Peter@wawd.uscourts.gov five (5) days prior to the trial date.

CRITICALCriminal cases

Applies to

Voir dire submission

Must include

joint submission

Joint voir dire submissions must be filed via email in Word format to specified addresses.

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 sorting or general voir dire questions; (3) a chart of any disputed proposed voir dire questions that includes: (a) the proposed question; (b) any objection to the proposed question; and (c) the response to the objection. If any Party will be proposing a jury questionnaire, the proposed questionnaire, along with a joint statement including each Party’s position regarding the questionnaire, shall be filed. In addition to being filed on the docket, all of these documents must be submitted via email in Microsoft Word format to linorders@wawd.uscourts.gov and to Courtroom Deputy Kadya Peter at Kadya_Peter@wawd.uscourts.gov.

CRITICALCriminal cases

Applies to

Motion

Must include

proposed order

Motions requiring Court signature must include proposed order.

As a general rule, any motion requiring the signature of the Court should be presented along with a proposed order. See CrR 1(b)(8) (stipulated motions); CrR 12(b)(1) (pretrial motions).

CRITICALCriminal cases

Applies to

Stipulated motion to continue trial date

Must include

speedy trial waiver, good cause statement, proposed case schedule

Stipulated/unopposed motions to continue trial date require good cause statement, speedy trial waiver 30 days beyond new date, and proposed case schedule with specific deadlines.

With respect to stipulated or unopposed motions to continue the trial date, Counsel must: 1. state facts establishing good cause for the continuance. A request for continuance “in order to provide the Parties more time to prepare” is not a sufficient showing to warrant a trial continuance “in the interest of justice”; 2. file a waiver of speedy trial at least thirty (30) days beyond the proposed new trial date signed by the Defendant(s). Although not dispositive, these waivers are useful to the Court in establishing that Defendants have been consulted and agree to the requested continuance; and 3. include with the proposed order a proposed case schedule with the following deadlines: a. Expert Discovery (if applicable) b. Pretrial Motions (where possible, this deadline should be set for at least six weeks prior to the pretrial conference) c. Trial Briefs d. Motions in Limine e. Proposed Jury Questionnaire (if applicable) f. Proposed Voir Dire Questions g. Proposed Jury Instructions h. Proposed Verdict Form i. Exhibit Lists j. Witness Lists

CRITICAL

Applies to

Witness notice

Must include

testimony scope, witness identity

Witness notice required 2 business days before hearing with witness identity and testimony scope.

If the Parties intend to call witnesses at a hearing, they must submit a filing declaring their intention to do so at least two (2) business days prior to the hearing. The filing must contain the identity of each witness and the scope of the testimony.

CRITICAL

Applies to

Stipulated motion to continue

Must include

good cause statement

Stipulated motions to continue must state facts establishing good cause.

With respect to stipulated or unopposed motions to continue the trial date, Counsel must: a. state facts establishing good cause for the continuance.

CRITICAL

Applies to

Impeachment materials

Must include

copies to court, copies to witness, copies to opposing counsel

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.

CRITICALCivil cases

Applies to

Trial procedure

Must include

witness instruction

Witnesses must not discuss testimony with other witnesses.

Counsel shall instruct witnesses to not discuss their testimony with other witnesses, either before or after they complete their testimony.

CRITICAL

Applies to

Joint instructions statement

Must include

proposed verdict form, proposed jury instructions, joint instructions statement

Joint instructions and verdict form must be submitted 21 days before trial.

The Parties shall submit a Joint Instructions and Joint Statement of Disputed Instructions (“Joint Instructions Statement”), a proposed Jury Instructions (see https://www.wawd.uscourts.gov/judges/lin-procedures), and a proposed verdict form at least twenty-one (21) days before trial.

CRITICAL

Applies to

Exhibit list

Must include

exhibit list

Exhibit lists for opening statements/first trial day due by 5 PM Friday before trial

For exhibits to be used during opening statements and the first day of trial, a list of the exhibits and demonstratives shall be emailed to the Courtroom Deputy by 5 p.m. the Friday before the first trial date.

CRITICAL

Applies to

Motion to continue

Must include

speedy trial act calculation

Government contested motions to continue must include Speedy Trial Act calculation.

A contested motion to continue the trial date filed by the Government shall be accompanied by a calculation of time under the Speedy Trial Act.

CRITICALCriminal cases

Applies to

Proposed order

Must include

email submission, microsoft word format

Proposed orders must be emailed as Word document to linorders@wawd.uscourts.gov with specific subject line format.

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

Pretrial order

When filing the pretrial order, the Parties should send a Microsoft Word version of the proposed order to linorders@wawd.uscourts.gov.

When filing the pretrial order, the Parties should send a Microsoft Word version of the proposed order to linorders@wawd.uscourts.gov.

CRITICAL

Applies to

Stipulated motion to continue

Must include

speedy trial waiver duration

have Defendant(s) waive speedy trial to at least thirty (30) days beyond the requested trial date.

have Defendant(s) waive speedy trial to at least thirty (30) days beyond the requested trial date.

CRITICALCriminal cases

Applies to

Motion to continue trial date

Must include

speedy trial waiver, speedy trial act calculation

Court will not grant motion to continue trial date without speedy trial waiver or Speedy Trial Act calculation.

The Court generally will not grant a motion to continue a trial date until a speedy-trial waiver or calculation of time under the Speedy Trial Act has been filed.

CRITICALCivil cases

Applies to

Glossary

Glossary must be emailed in Word format 3 days before trial and hard copies provided on first day.

The glossary must be emailed to Courtroom Deputy Kadya Peter at Kadya_Peter@wawd.uscourts.gov, in Microsoft Word format, no later than three (3) days before the start of trial. Hard copies shall also be provided to the Courtroom Deputy and Court Reporter (if any) on the first day of trial.

CRITICAL

Applies to

Equipment testing

Must include

equipment testing scheduled at pretrial

Equipment testing must be scheduled at pretrial conference.

At the pretrial conference, the Parties must arrange with Kadya Peter, Courtroom Deputy, to schedule a time to test any equipment that the parties wish to use at trial.

CRITICALCivil cases

Applies to

Trial exhibits

Must include

exhibit list

Trial exhibits must be delivered as one physical and one electronic set 3 days before trial.

One physical set and one electronic set of the trial exhibits must be delivered to Judge Lin’s chambers three (3) days before the trial date.

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.

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

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

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.

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.

CRITICALCivil cases

Applies to

Pretrial order

Must include

word version

When filing the pretrial order, the Parties should send a Microsoft Word version of the proposed order to linorders@wawd.uscourts.gov.

When filing the pretrial order, the Parties should send a Microsoft Word version of the proposed order to linorders@wawd.uscourts.gov.

CRITICALCivil cases

Applies to

Immediate jury instruction

Must include

proposed text

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.

CRITICAL

Applies to

Prehearing statement

When multiple products or processes are accused, the Prehearing Statement must identify which claims each infringes.

If more than one allegedly infringing product or process is at issue, the Party shall identify which product(s) or process(es) infringe which claims.

CRITICAL

Applies to

Joint claim chart

The Joint Claim Chart must include each party’s proposed constructions, specified intrinsic-evidence references, and descriptions of extrinsic evidence.

This Chart will include each Party’s proposed construction of disputed terms, together with specific references to the relevant portions of the specification and the prosecution history, and descriptions of the extrinsic evidence to be used.