Western District of Washington Document Filing Requirements

CRITICALCivil cases

Applies to

Voir dire time limits

Each side limited to time limits set at final pretrial conference.

Each side (not Party) is limited to time limits set by the Court at the final pretrial conference.

CRITICAL

Applies to

Exhibit list

Must include

word format

Exhibit list in Word format must be emailed before trial.

An exhibit list in Microsoft Word format must be emailed to the Court prior to the trial date. Please email to mary_trent@wawd.uscourts.gov

CRITICALCivil cases

Applies to

Jury instructions

Each side’s set of proposed jury instructions should include a proposed verdict form.

Each side's set of proposed instructions should also include a proposed verdict form.

CRITICALCivil cases

Applies to

Jury instructions

Counsel are expected to submit agreed further instructions and each side’s disputed proposed instructions, with explanations and citations supporting differing positions.

Counsel will be expected to submit to the Court (1) any further instructions upon which the opposing parties have conferred and agreed and (2) each side's proposed jury instructions upon which no agreement has been reached, along with explanations and any citations supporting differing positions.

CRITICAL

Applies to

Pleading

Must include

case number

Each page must have left footer with abbreviated title, case number, and page number; right footer with attorney's law firm address and phone number; all pleadings must be dated and signed.

The bottom left side of each page shall contain an abbreviated title of the pleading, case number, and page number. The bottom right side of each page shall contain the law firm address and phone number of the presenting attorney. All pleadings shall be dated and signed.

CRITICALCivil cases

Applies to

Voir dire submission

Counsel must submit proposed voir dire questions in every case.

In all cases, counsel shall submit a list of proposed voir dire questions.

CRITICALCivil cases

Applies to

Mediation

Must include

court report, completion deadline

Mediation must be completed by specified date with court report

(3) The mediation shall be completed no later than __________________, 20__. The mediator shall provide the Court with a report stating when the mediation occurred and whether the case has been resolved.

CRITICALCivil cases

Applies to

Exhibit and witness lists

The parties must file their exhibit and witness lists, including any revisions, with the Court.

The parties shall file their exhibit and witness lists and any revisions with the Court.

CRITICALCivil cases

Applies to

Mediator selection

Must include

mediator filing, mediator agreement, mediator designation request

(2) If the parties are unable to settle the case, they should attempt to agree on a mediator. The Court’s homepage http://www.wawd.uscourts.gov/ has a list of mediators. The parties shall file with the Court the name of the mediator selected. If the parties cannot agree on a mediator, plaintiff’s counsel shall promptly apply to the court for designation of a mediator.

(2) If the parties are unable to settle the case, they should attempt to agree on a mediator. The Court’s homepage http://www.wawd.uscourts.gov/ has a list of mediators. The parties shall file with the Court the name of the mediator selected. If the parties cannot agree on a mediator, plaintiff’s counsel shall promptly apply to the court for designation of a mediator.

CRITICALCivil cases

Applies to

Settlement memo

Each party must deliver a confidential settlement memo to chambers by noon on the specified date, including the settlement proposal and efforts to date; helpful exhibits may also be submitted.

Each party shall deliver a settlement memo to chambers by 12:00 noon on [DATE]. These memos are confidential; do not file them with the clerk’s office or serve them on opposing counsel. Settlement memos should help the Court understand the facts, the issues to resolve, the applicable law and the parties’ settlement position. The memo should include a settlement proposal, and describe settlement efforts to date. Exhibits that would help the Court understand the case may also be submitted.

CRITICALCriminal cases

Applies to

Motion

Motions to extend time must set forth specific facts establishing that an extension is appropriate or the Court will deny them.

The Court will deny motions to extend time unless the parties set forth specific facts that establish an extension is appropriate.

CRITICAL

Applies to

Pleading

Must include

case number

First page of all pleadings must include court name, docket number, title, and identity of presenting party.

The first page of all pleadings must state “United States District Court, Western District of Washington” and contain the docket number, a title, and the identity of the presenting party.

CRITICALCriminal cases

Applies to

Exhibit and witness lists

The parties must file their exhibit and witness lists, including any revisions, with the Court.

The parties shall file their exhibit and witness lists and any revisions with the Court.

CRITICALCivil cases

Applies to

Motion

The motion’s noting date must appear in the caption.

The motion’s noting date shall be placed in the caption.

CRITICALCivil cases

Applies to

Settlement negotiation

Must include

good faith attempt

Counsel must meet and negotiate settlement in good faith by specified date

(1) Counsel shall meet and engage in a good faith attempt to negotiate a settlement of the case by __________________, 20__.

CRITICAL

Applies to

Stipulated motion

Must include

proposed order

Stipulated motions should be filed as a “stipulated motion” rather than a “stipulation,” “agreed motion,” or “unopposed motion.” Stipulated motions may be noted for the day they are filed, but may not necessarily be signed that day. When filing stipulations, include a proposed order for the Judge to sign and send a Word version of the order to christelorders@wawd.uscourts.gov.

Stipulated motions should be filed as a “stipulated motion” rather than a “stipulation,” “agreed motion,” or “unopposed motion.” Stipulated motions may be noted for the day they are filed, but may not necessarily be signed that day. When filing stipulations, include a proposed order for the Judge to sign and send a Word version of the order to christelorders@wawd.uscourts.gov.

CRITICAL

Applies to

Exhibits

All exhibits must be handled electronically; hard copies to Courtroom Deputy if needed

All exhibits will be handled electronically. If for some reason a hard copy exhibit becomes necessary, any such hard copy that counsel wishes to have the Court examine should be handed to the Courtroom Deputy.

CRITICALCivil cases

Applies to

Peremptory challenge

Each party must submit a written list of the panelists it wishes to excuse when exercising peremptory challenges simultaneously.

Peremptory challenges will be exercised simultaneously, with each party submitting a written list of the panelists it wishes to excuse.

CRITICAL

Applies to

Trial proceedings

All counsel must follow these trial conduct rules unless excused by Judge Leupold

When appearing in this Court, unless excused by Judge Leupold, all counsel (including any other people at counsel table), shall adhere to the following rules:

CRITICAL

Applies to

Exhibits

In advance of each trial session, counsel for the party going forward at that session should show opposing counsel the exhibits s/he intends to introduce at the session. The opponent shall indicate those exhibits to which s/he has no objection, and the Court will admit them when offered at the session.

In advance of each trial session, counsel for the party going forward at that session should show opposing counsel the exhibits s/he intends to introduce at the session. The opponent shall indicate those exhibits to which s/he has no objection, and the Court will admit them when offered at the session.

CRITICAL

Applies to

Exhibits

The DEPS program will be used for presenting exhibits. Any exhibit offered in evidence should, at the time it is offered, be displayed electronically first to opposing counsel.

The DEPS program will be used for presenting exhibits. Any exhibit offered in evidence should, at the time it is offered, be displayed electronically first to opposing counsel.

CRITICALCivil cases

Applies to

Motion to seal

If the Court denies a request to seal, counsel must advise the Court how the confidential material should be handled.

Counsel shall advise the Court of the requested disposi�on of confiden�al maters in the event the Court denies a request to seal (e.g., should the informa�on be removed from the docket rather than be unsealed).

CRITICALCivil cases

Applies to

Motion to seal

Must include

proposed order

Motions to seal, including stipulated motions, must comply with Local Rule CR 5(g), specifically identify the documents, provide supporting facts, and include a proposed order.

Par�es moving to file documents under seal must comply with Local Rule CR 5(g). All mo�ons to seal, including s�pulated mo�ons, must describe with specificity the documents sought to be protected, provide facts jus�fying sealing, and include a proposed order.

CRITICALCivil cases

Applies to

All filings

Must include

compliance check, local counsel review, local counsel signature +1 more

Unless waived by the court in addition to those responsibilities and any assigned by the court, local counsel must review and sign all motions and other filings, ensure that all filings comply with all local rules of this court, and remind pro hac vice counsel of the court’s commitment to maintaining a high degree of professionalism and civility from the lawyers practicing before this court as set forth in the Introduction to the Civil Rules.

Unless waived by the court in addition to those responsibilities and any assigned by the court, local counsel must review and sign all motions and other filings, ensure that all filings comply with all local rules of this court, and remind pro hac vice counsel of the court’s commitment to maintaining a high degree of professionalism and civility from the lawyers practicing before this court as set forth in the Introduction to the Civil Rules.

CRITICALCivil cases

Applies to

Disbursement order

Must include

separate statement for multiple checks

Multiple checks require separate statement of principal and interest for each payee.

If more than one check is to be issued pursuant to a single order, the portion of principal and interest due each payee must be separately stated.

CRITICALCivil cases

Applies to

Pretrial order

The following form of pretrial order shall be used, insofar as possible, in the trial of all cases except those involving land condemnation.

The following form of pretrial order shall be used, insofar as possible, in the trial of all cases except those involving land condemnation.

CRITICALCivil cases

Applies to

Expedited joint motion

Must include

proposed order

Proposed order must be prepared and emailed to judge's email orders address in Word/WordPerfect format.

(G) The moving party shall prepare a proposed order that identifies each of the discovery requests at issue, with space following each of the requests for the court’s decision. This proposed order shall be attached as a Word or Word Perfect compatible file to an email sent to the email orders address of the assigned judge pursuant to the court’s Electronic Filing Procedures.

CRITICALCivil cases

Applies to

Brief

Must include

word count

Word count certification required in signature block for briefs with word limits

When word limits apply, the signature block shall include the certification of the signer as to the number of words, substantially as follows: “I certify that this memorandum contains ____ words, in compliance with the Local Civil Rules.” Counsel may rely on the word count of a word-processing system used to prepare the brief.

CRITICALCivil cases

Applies to

Habeas corpus petition

Counsel required for habeas petitioners unless intelligent voluntary pro se election approved by court.

Each petitioner shall be represented by counsel, unless petitioner has clearly elected to proceed pro se and the court is satisfied, after a hearing, that petitioner’s election is intelligent and voluntary.

CRITICALCivil cases

Applies to

Filing

Must include

compliance with rules

Failure to comply with rules or court orders may result in personal liability for excess costs and other sanctions.

An attorney or party who without just cause fails to comply with any of the Federal Rules of Civil or Criminal Procedure, these rules, or an order of the court, or who presents to the court unnecessary motions or unwarranted opposition to motions, or who fails to prepare for presentation to the court, or who otherwise so multiplies or obstructs the proceedings in a case may, in addition to or in lieu of the sanctions and penalties provided elsewhere in these rules, be required by the court to satisfy personally such excess costs and may be subject to such other sanctions as the court may deem appropriate.

CRITICALCivil cases

Applies to

Complaint

Class action complaints must include allegations justifying class action status.

(B) Appropriate allegations thought to justify such claim, including, but not necessarily limited to:

CRITICALCivil cases

Applies to

Case management order

Case management order requires document exchange 15 days before pretrial conference and discovery completion 90 days after individualized trial conference

The court shall issue a case management order following the conference. Unless otherwise ordered by the court, the order shall require the parties to exchange the documents described in Fed. R. Civ. P. 26(a)(3) no later than fifteen (15) days before the pretrial conference and shall require the parties to complete all discovery no later than ninety 90 days after the individualized trial conference.

CRITICALCivil cases

Applies to

General provision

Must include

pro se compliance required

Pro se parties must comply with all counsel obligations.

A party proceeding without counsel shall comply in all respects with obligations imposed upon “counsel” under this rule.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

Proposed orders must be submitted to chambers via email in editable Word format.

The moving party shall serve the motion and a proposed order on each party that has appeared in the action, shall file the motion and proposed order with the clerk, and shall submit an editable version of the proposed order, in a format compatible with Microsoft Word, to chambers via email as provided in the Electronic Filing Procedures manual.

CRITICALCivil cases

Applies to

Withdrawal

Must include

leave of court

Attorneys must obtain leave of court to withdraw appearance unless specific exceptions apply.

No attorney shall withdraw an appearance in any case, civil or criminal, except by leave of court, unless the withdrawal complies with the requirements of subsections (b)(2) or (b)(3).

CRITICALCivil cases

Applies to

Scheduling order

Must include

discovery deadline, dispositive motions deadline

Scheduling order must include deadlines for discovery and dispositive motions.

The scheduling order shall include, among other things, deadlines for the completion of discovery and the filing of dispositive motions.

CRITICALCivil cases

Applies to

Petition for admission

Must include

certificate of good standing

Eligibility for admission to bar requires Washington State Bar membership or federal agency employment.

An attorney is eligible for admission to the bar of this court if he or she is (1) a member in good standing of the Washington State Bar, or (2) a member in good standing of the bar of any state and employed by the United States or one of its agencies in a professional capacity and who, while being so employed may have occasion to appear in this court on behalf of the United States or one of its agencies.

CRITICALCivil cases

Applies to

Order to show cause

Must include

certificate of service

Status changes trigger Order to Show Cause with 30-day response deadline.

(2) If the change in status is due to a disciplinary proceeding or criminal conviction, the provisions of LCR 83.3(c) shall apply. Otherwise, upon receipt of a notification of change of status, the Chief Judge, or other district judge who may be assigned to the matter, may issue an Order to Show Cause why the court should not suspend or revoke the attorney's admittance to practice before the court. The Order to Show Cause shall contain: (A) a reference to the notification of the change of status; (B) an order directing the attorney to show cause within 30 days why the attorney's admission to practice before this court should not be suspended or revoked; (C) notification that failure by the attorney to file a timely response to the Order to Show

CRITICALCivil cases

Applies to

Receiver inventory

Receivers must file inventory within 20 days of taking possession, unless court orders otherwise.

Unless the court otherwise orders, a receiver or similar officer as soon as practicable after appointment and not later than 20 days after the receiver has taken possession of the estate, shall file an inventory of all the property and assets in the receiver's possession or in the possession of others who hold possession as the receiver's agent, and in a separate schedule, an inventory of the property and assets of the estate not reduced to possession by the receiver but claimed and held by others.

CRITICALCivil cases

Applies to

Motion

Must include

esi agreement

ESI-related motions must include certification or ESI Agreement.

(3) Any motion for a protective order or motion to compel related to the production of ESI must include the certification set forth in LCR 26(c) or 37(a)(1), state that the parties agreed to an ESI Agreement and attach that ESI Agreement, or state that the parties met and conferred regarding the topics set forth in LCR 26(f)(1)(I) to the extent they are applicable.

CRITICAL

Applies to

Civil rights complaint

The second claim must state all important facts, specify dates, times, locations, and people involved, describe each defendant’s conduct, and include facts explaining why it was wrongful.

State the facts of your second claim below. Include all the facts you consider important. Be specific about dates, times, locations, and the names of the people involved. Describe exactly what each specific defendant did or failed to do that caused you injury or violated your rights, and include any other facts that show why you believe what happened was wrong.

CRITICALCivil cases

Applies to

Receiver report

Receivers must file reports every six months after inventory filing until discharged.

Within six months after the filing of the inventory, and at regular intervals of six months thereafter until discharged, or at such other times as the court may direct, the receiver or other similar officer shall file reports of receipts and expenditures and of the receiver's acts and transactions in an official capacity.

CRITICALCivil cases

Applies to

Post trial motion

Post-trial motions limited to costs/fees, clerical errors, verdict conformity, enforcement, and new trial motions

Post-trial motions shall be limited to determination of costs and attorney’s fees, correcting a judgment for clerical error, conforming the verdict to the agreement, enforcement of judgment and motions for a new trial.

CRITICALCivil cases

Applies to

Complaint

Must include

caption

Class action complaints must include “Complaint—Class Action” legend next to the caption.

(1) The complaint shall bear next to its caption the legend, “Complaint—Class Action.”

CRITICALCivil cases

Applies to

Notice of removal

Must include

citizenship identification

Notice of removal must identify citizenship of parties and entity owners for diversity jurisdiction.

(f) Identification of Citizenship. If the removal is based on diversity, the notice of removal must also, to the extent possible, identify the citizenship of the parties, and, if any of the parties is a limited liability corporation (LLC), a limited liability partnership (LLP), or a partnership, identify the citizenship of the owners/partners/members of those entities to establish the court’s jurisdiction.

CRITICAL

Applies to

Motion for extension of time

Must include

proposed order required

For example, if you need more time to prepare your opening brief or reply brief, you should file a paper entitled, “Motion for an Extension of Time,” along with a proposed order that states what you want the Court to do and how much of an extension you need.

For example, if you need more time to prepare your opening brief or reply brief, you should file a paper entitled, “Motion for an Extension of Time,” along with a proposed order that states what you want the Court to do and how much of an extension you need.

CRITICALCivil cases

Applies to

Praecipe

Must include

case number, docket number, specific language

Filing inaccurate documents may result in refusal to consider corrections; corrections require praecipe with docket number and page/line details.

Parties are expected to file accurate, complete documents, and the failure to do so may result in the court's refusal to consider later filed corrections or additions to the record. In the event that an error is discovered, a party should file, as promptly as possible, a praecipe requesting that the court consider a corrected document, which must be filed as an attachment to the praecipe. The praecipe must specify by docket number the document being corrected and the corrections by page and line number.

CRITICALCivil cases

Applies to

Stipulation withdrawal

Must include

opposing counsel signatures, new counsel or party signature

Stipulation withdrawals require signatures from opposing counsel and new counsel/party.

A stipulation and proposed order for withdrawal must (1) be signed by all opposing counsel or pro se parties, and (2) be signed by the party’s new counsel, if appropriate, or by the party.

CRITICALCivil cases

Applies to

Amended pleading

Amended pleadings cannot incorporate by reference any part of the preceding pleading.

The amended pleading must not incorporate by reference any part of the preceding pleading, including exhibits.

CRITICALCivil cases

Applies to

Petition for admission

Must include

certificate of good moral character

Petition for admission requires certificates from two local bar members attesting to good moral character.

Each applicant for admission to the bar of this court shall file with the clerk a Petition for Admission to Practice. The petition must include the certificates of two reputable members of the bar of this court attesting to the petitioner's good moral character. The certificates must be completed by members of this court's bar who either reside or maintain an office for the practice of law in the Western District of Washington.