Western District of Washington Document Filing Requirements

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.

CRITICALCivil cases

Applies to

Witness exclusion waiver

Waivers of witness exclusion rule require opposing counsel discussion and court approval.

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

CRITICALCivil cases

Applies to

Trial evidence

Must include

joint filing

Joint Submission of Deposition Designations must be filed as single docket entry.

The Parties shall then file on the docket, as a single filing, a “Joint Submission of Deposition Designations,” in which each highlighted deposition transcript and an accompanying deposition designation chart is filed as a separate exhibit.

CRITICALCivil cases

Applies to

Trial evidence

Must include

exhibit chart

Parties must provide exhibit chart with stipulations and objections for each trial day.

Parties must coordinate to provide the Court with a chart listing any exhibits or demonstratives expected to be used during each trial day along with any stipulations and remaining objection(s) to any exhibit(s) or demonstrative(s).

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.

CRITICAL

Applies to

Motion in limine

Must include

word count, certificate of conference

Motions in limine must include certification of conferral and comply with word limits, or risk being stricken.

Motions in limine that do not comply with the applicable requirements, including the certification of conferral (LCR 1(c)(6) and LCR 7(d)(5)) or the word limit (LCR 7(e)(5)), without prior permission of the Court, may be summarily stricken.

CRITICAL

Applies to

Motion

Must include

proposed order

Motions requiring the Court’s signature must include a proposed order, except for dispositive motions.

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

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).

CRITICALCivil cases

Applies to

Trial evidence

Must include

revised documents

Revised documents must be filed with redlined version and clean copies.

If the exhibit list, pretrial order, or witness list is revised at any time after it is filed with the Court, Counsel shall promptly file the revised document with the Court and provide the Courtroom Deputy with a redlined version indicating the changes as well as replacement, clean copies of any revised or added exhibits in both electronic and physical format.

CRITICALCivil cases

Applies to

Trial evidence

Must include

daily exhibit exchange

Parties must meet daily to exchange exhibits for next 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.

CRITICAL

Applies to

Joint claim construction brief

Must include

page count

If the joint brief exceeds 72 pages, the parties must certify compliance with scheduling-order page limits or equivalent word counts and briefly explain the excess length.

If the joint brief as submitted is more than seventy-two (72) pages, the Parties must certify that the page limits (or equivalent word counts) in the scheduling order have been complied with and Effective January 2, 2024 provide a brief explanation (e.g., formatting issues, listing of agreed-upon terms) as to why the brief is longer than seventy-two (72) pages.

CRITICAL

Applies to

Joint claim chart and prehearing statement

The parties must state whether witnesses will be called at the claim construction hearing and identify them if so.

The Parties shall indicate whether any witnesses are to be called at the claim construction hearing, and if so, their identities.

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

CRITICALCivil cases

Applies to

Trial exhibits

Must include

pre marking, physical set, electronic set +1 more

Physical and electronic trial exhibits due 5 days before trial, pre-marked with specific information.

One physical set and one electronic set of the trial exhibits are to be delivered to Judge Lin's chambers five (5) days before the trial date. Each exhibit shall be clearly pre-marked by Counsel. Exhibit stickers/labels/tags can be obtained from the clerk at the pretrial conference or from the Clerk's Office. Exhibit tags generated electronically are also acceptable so long as they list the following information: (1) Plaintiff(s)', Defendant(s)', or Joint Exhibit; (2) case number; and (3) exhibit number.

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

Joint claim construction brief

The parties must combine their served briefs into one joint brief, arranging their positions on each claim term in sequential order and substantially following the specified form.

The Parties shall copy and paste their served briefing into one brief, with their positions on each claim term in sequential order, in substantially the form below:

CRITICALCivil cases

Witnesses must not discuss testimony with other witnesses.

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

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

Motion or brief

Motions or briefs citing out-of-jurisdiction rulings not available on Lexis or Westlaw must attach a copy of the ruling to the filing.

When filing a motion or brief that cites to a ruling from a court outside this jurisdiction that is not readily available on Lexis or Westlaw (e.g., a transcript containing a bench ruling), Parties must provide a copy of the ruling to the Court as an attachment to the motion.

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

Brief

Briefs referring to docket or exhibit material must include pincites with corresponding docket and page numbers.

When a Party’s briefing refers to or relies on material on the docket or attached as an exhibit, it must include pincites to such material. References or citations to such material or exhibits must include the docket and page numbers.

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 for attorney fees

Must include

declaration

Motions for attorney fees must include a declaration with timesheets and costs.

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

CRITICAL

Applies to

Joint claim chart

The parties must attach a Claim Chart Appendix containing copies of all disputed patents and relevant prosecution history.

The Parties will attach to the Joint Claim Chart a Joint Appendix (“Claim Chart Appendix”) with copies of all patents in dispute, together with the relevant prosecution history.

CRITICALCivil cases

Applies to

Trial evidence

Must include

deposition transcript

Deposition transcript with highlighted relevant portions required per LCR 32.

Pursuant to Local Civil Rule 32, if a Party intends to offer a deposition in lieu of or in addition to live testimony at trial, that Party shall provide to all other Parties a transcript of the deposition with the relevant portions highlighted.

CRITICAL

Applies to

Joint claim chart

If a party proposes a new construction, the Joint Claim Chart must be amended to reflect it.

If a Party must propose a new construction, the Joint Claim Chart must be amended to reflect that change.

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.

CRITICALCivil cases

Applies to

Trial evidence

Must include

daily conference

Parties must confer daily after exhibit exchange to make stipulations.

The Parties are required to confer each day following this exchange to make further stipulations and discuss any remaining objections.

CRITICALCivil cases

Applies to

Trial procedures

Official trial record will be taken by electronic recording or Realtime reporter.

The official record of all trials and proceedings will be taken by either electronic sound recording or by a Realtime reporter.

CRITICAL

Applies to

Motion

Motions requiring pre-filing meet-and-confer must demonstrate meaningful efforts to confer, with non-compliant motions subject to summary denial.

For a motion that requires a meet-and-confer prior to filing, Parties must make a meaningful effort to meet and confer as defined by LCR 1(c)(6). For example, waiting until the expiration of a deadline, contacting the opposing Party, receiving no immediate response, and then filing the motion, does not satisfy that duty. If contact was not successfully made, Parties shall explain their specific efforts to comply with this requirement. Motions that do not comply may be summarily denied.

CRITICALCivil cases

Applies to

Verdict requirement

Verdict must be unanimous under FRCP 48.

Counsel are reminded that, pursuant to Federal Rule of Civil Procedure 48, the verdict must be unanimous.

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.”

CRITICAL

Counsel must appear by video for videoconferences unless granted motion to appear telephonically.

Where a videoconference has been set, Counsel are required to appear via video unless they file, and the Court grants, a motion to appear telephonically.

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

Notice of settlement

Parties must provide timely notice of settlement for jury trial cases per LCR 39(d).

When cases scheduled for jury trial are settled (or agreed to be tried without a jury), Parties shall refer to LCR 39(d) for the requirements of providing timely notice.

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.

CRITICALCivil cases

Applies to

Witness notice

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.

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.

CRITICAL

Applies to

Joint claim chart and prehearing statement

Infringement and invalidity allegations must be filed in a Joint Claim Chart and Prehearing Statement.

All allegations of infringement and invalidity will be filed with the Court in the form of a Joint Claim Chart and Prehearing Statement.

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

Prehearing statement

A party claiming infringement must list all allegedly infringed claims in the Prehearing Statement.

A Party claiming patent infringement must provide a list of all allegedly infringed claims in the Prehearing Statement.

CRITICALCivil cases

Applies to

Trial evidence

Must include

daily deadline

Updated exhibit list with objections due to Courtroom Deputy 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.

CRITICALCivil cases

Applies to

Trial procedures

Counsel must meet after each trial day to resolve upcoming disputes.

To ensure that the morning pretrial hearing is productive and efficient, Counsel shall meet after the conclusion of each trial day and attempt to resolve or refine upcoming disputes.

CRITICALCivil cases

Applies to

Witness exclusion

Witness exclusion rule in effect until closing arguments.

The rule on exclusion 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 outside of the courtroom except while testifying.

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

Exhibit list

Must include

word format, email submission

Exhibit list in Word format must be emailed to Courtroom Deputy 5 days before trial.

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