Western District of Washington Document Filing Requirements

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.

CRITICALCivil cases

Applies to

Complaint

Class action complaints must include a separate “Class Action Allegations” heading.

(2) The complaint shall contain under a separate heading, styled “Class Action Allegations”:

CRITICALCivil cases

Applies to

Exhibits

Exhibits must be marked with divider pages and specific references; only germane excerpts should be filed with clear identification.

(10) Marking Exhibits. All exhibits submitted in support of or opposition to a motion must be clearly marked with divider pages. References in the parties’ filings to such exhibits should be as specific as possible (i.e., the reference should cite specific page numbers, paragraphs, line numbers, etc.). All exhibits must be marked to designate testimony or evidence referred to in the parties’ filings. Acceptable forms of markings include highlighting, bracketing, underlining or similar methods of designations but must be clear and maintain the legibility of the text. Filing parties shall submit only those excerpts of the referenced exhibits that are directly germane to the matter under consideration, or necessary to provide relevant context. Excerpted material must be clearly and prominently identified as such. 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.

CRITICALCivil cases

Applies to

Amended pleading by consent

Must include

joint notice, redlined version

Amended pleading by consent requires joint notice and redlined version.

A party who amends a pleading by obtaining the opposing party’s written consent shall file with the court a joint notice memorializing the parties’ consent to the amended pleading and shall attach a redlined version of the amended pleading showing how it differs from the pleading that it amends.

CRITICALCivil cases

Applies to

Motion

Must include

exhibits

Motions requiring facts not in record must include affidavits, declarations, or other evidence.

If the motion requires consideration of facts not appearing of record, the movant shall also serve and file copies of all affidavits, declarations, photographic or other evidence presented in support of the motion.

CRITICALCivil cases

Applies to

Bond

Must include

monetary deposit, treasury authorized corporation

Bonds must be secured by monetary deposit or Treasury-authorized corporation meeting specific filing requirements.

Every bond must be secured by either: (1) a monetary deposit equal to the amount of the bond, or (2) a corporation authorized by the Secretary of the Treasury of the United States to act as surety on official bonds under 31 U.S.C. §§ 9301-9306, which corporation shall have on file with the clerk one of the following: (i) proof that the corporation is incorporated in Washington, (ii) a copy of the power of attorney appointing a resident agent for service of process in this district, or (iii) proof that the corporation has a resident agent who is an official of the State of Washington authorized or appointed under Washington law to receive service of process on the corporation.

CRITICALCivil cases

Applies to

Notice of removal

Must include

operative complaint attachment

Removal requires filing operative complaint as separate attachment.

In cases removed from state court, the removing defendant(s) shall file contemporaneously with the notice of removal (1) A copy of the operative complaint, which must be attached as a separate “attachment” in the electronic filing system and labeled as the “complaint” or “amended complaint.”

CRITICALCivil cases

Applies to

Bond

Must include

court officer prohibited as surety

Court officers cannot serve as sureties on any bond or undertaking.

No clerk, marshal, member of the bar, or other officer of this court will be accepted as surety on any bond or other undertaking in any action or proceeding in this court.

CRITICALCivil cases

Applies to

Motion to amend

Must include

proposed amended pleading

A party who moves for leave to amend a pleading must attach a copy of the proposed amended pleading as an exhibit to the motion. The party must indicate on the proposed amended pleading how it differs from the pleading that it amends by bracketing or striking through the text to be deleted and underlining or highlighting the text to be added. The proposed amended pleading must not incorporate by reference any part of the preceding pleading, including exhibits.

A party who moves for leave to amend a pleading must attach a copy of the proposed amended pleading as an exhibit to the motion. The party must indicate on the proposed amended pleading how it differs from the pleading that it amends by bracketing or striking through the text to be deleted and underlining or highlighting the text to be added. The proposed amended pleading must not incorporate by reference any part of the preceding pleading, including exhibits.

CRITICALCivil cases

Applies to

Civil action

Must include

related cases listing

Removing defendants must list related cases on Civil Cover Sheet and file Notice of Related Cases.

A removing defendant must list all related cases in the civil cover sheet and file a notice of Related Cases with its first appearance;

CRITICALCivil cases

Applies to

Statutory interpleader deposit

Must include

irs dof definition

Statutory interpleader funds must meet IRS DOF definition.

Statutory interpleader funds deposited under 28 U.S.C. § 1335 must meet the IRS definition of a “disputed ownership fund” (DOF), which is a taxable entity that requires tax administration.

CRITICAL

Applies to

Motion

Must include

required for court action

Written motion required for any Court action

As discussed above, properly filing and serving a complaint is the first step in a Social Security case. After that, if you want the Court to do something, you must file a written motion.

CRITICALCivil cases

Applies to

Rule 26f conference

Attorneys must understand client's ESI storage before Rule 26(f) conference.

(2) The attorneys for each party shall review and understand how their client's data and ESI are stored and retrieved before the Rule 26(f) conference and before any meet and confer discussions related to the production of ESI in order to determine what issues must be addressed during those discussions. To satisfy this requirement, the attorney may choose to include in the Rule 26(f) conference and/or meet and confer discussion a paralegal, information technology specialist, or other person with knowledge about how the client's data and ESI are stored and retrieved.

CRITICALCivil cases

Applies to

Arbitration schedule

Discovery prohibited 14 days before arbitration through award issuance.

No discovery will be permitted during the period beginning fourteen days before the arbitration hearing and ending on the date the award is issued;

CRITICALCivil cases

Clients must be informed of legal intern status and consent to representation.

A legal intern, the intern’s supervising lawyer or a lawyer from the same office shall, before the intern undertakes to perform any services for a client, inform the client of the legal intern’s status, and obtain the client’s consent to be represented by a legal intern.

CRITICALCivil cases

Applies to

Pretrial order

Exhibits must be numbered and tagged with specific information.

Identify each exhibit with a number, which becomes the number for the exhibit at the trial and appears on the exhibit tag with the following information in table format:

CRITICALCivil cases

Applies to

Witness examination

Only one attorney per party may examine/cross-examine witnesses at trial.

At trial only one attorney for a party shall examine or cross-examine any witness unless otherwise ordered by the court.

CRITICALCivil cases

Applies to

Civil action

Must include

filing fee

A party must pay the Civil Filing Fee when it files or removes any civil action except for proceedings in forma pauperis under LCR 3(c) or as otherwise exempted by law.

A party must pay the Civil Filing Fee when it files or removes any civil action except for proceedings in forma pauperis under LCR 3(c) or as otherwise exempted by law.

CRITICALCivil cases

Applies to

Proposed pretrial order

Must include

signature blocks

Proposed pretrial order must be filed 30 days before trial.

The proposed pretrial order, bearing the signatures of counsel for each party, shall be filed 30 days prior to the scheduled trial date, unless otherwise ordered by the court.

CRITICALCivil cases

Applies to

Civil action

Civil Cover Sheet (Form JS-44) required for all civil actions except prisoner challenges.

Every civil action, except civil actions filed by persons in state or federal custody challenging conviction, sentence, or conditions of confinement, shall be accompanied by a Civil Cover Sheet, Form JS-44 revised.

CRITICALCivil cases

Applies to

In forma pauperis application

Must include

consent to fee recovery, in forma pauperis application

In forma pauperis applicants must complete district-specific application and consent to fee recovery.

At the time application is made under 28 U.S.C. § 1915 or other applicable acts of Congress for leave to commence any civil action or to file any petition or motion without being required to prepay fees and costs or give security for them, each petitioner, movant or plaintiff shall: (1) Complete the in forma pauperis application approved for use in this district for the specific type of case; and (2) File a written consent that the recovery, if any, in the action, to such amount as the court may direct, shall be paid to the clerk who may pay therefrom all unpaid fees and costs taxed against the plaintiff, and to his attorney the amount which the court allows or approves as compensation for the attorney’s services.

CRITICAL

Applies to

Complaint

Must include

self service required if not ifp

If the Court finds you do not financially qualify, you must pay the filing fee and serve your own complaint along with appropriate summonses as required by Rule 4 of the Federal Rules of Civil Procedure.

If the Court finds you do not financially qualify, you must pay the filing fee and serve your own complaint along with appropriate summonses as required by Rule 4 of the Federal Rules of Civil Procedure.

CRITICALCivil cases

Applies to

Habeas corpus petition

Respondent must lodge and serve required materials within 20 days of petition service

(1) Respondent shall as soon as practicable, but in any event on or before twenty (20) days from the date of service of the finalized petition, lodge with the court and serve petitioner's lead counsel with the following:

CRITICALCivil cases

Applies to

Motion for disbursement

Must include

payees, principal sum, disbursement amounts

Disbursement motions must specify principal amount, disbursement amounts, and payees.

All motions for disbursement of registry funds shall specify the principal sum initially deposited, the amount(s) of principal funds to be disbursed and to whom the disbursement is to be made.

CRITICALCivil cases

Applies to

Complaint

Class action complaints under Rule 23(b)(3) must include supporting allegations.

4. In actions claimed to be maintainable as class actions under Fed. R. Civ. P. 23(b)(3), allegations thought to support the findings required by that subdivision.

CRITICALCivil cases

Applies to

Complaint

Class action complaints must allege adequacy of class representatives.

2. The basis upon which the plaintiff (or plaintiffs) claims (i) to be an adequate representative of the class, or (ii) if the class is composed of defendants, that those named as parties are adequate representatives of the class.

CRITICALCivil cases

Applies to

Conference

Must include

cooperation on pretrial order

Counsel must cooperate to develop proposed pretrial order.

At the conference, counsel shall cooperate in developing a proposed pretrial order which can be signed by counsel for all parties.

CRITICAL

Applies to

Complaint

A prisoner civil-rights complaint must be submitted on the Court-furnished form.

Local Rule CR 103, Local Rules for the Western District of Washington, requires you to submit your Complaint on the form furnished by the Court (a § 1983 form is attached).

CRITICALCivil cases

Applies to

Discovery requests

Must include

timely service

Discovery requests must be served early enough to meet deadlines.

Interrogatories, requests for admissions or production, etc., must be served sufficiently early that all responses are due before the discovery deadline.

CRITICALCivil cases

Applies to

Final conference

Must include

pro se party attendance, principal attorney attendance

Principal trial attorney and pro se parties must attend final pretrial conference.

Counsel who will have principal responsibility for trying the case for each party shall attend, together with any party proceeding pro se.

CRITICALCivil cases

Applies to

Complaint

Class action complaints must allege the size and definition of the class.

1. The size (or approximate size) and definition of the alleged class,

CRITICALCivil cases

Applies to

Notice of removal

Must include

civil cover sheet

Removal requires completed Civil Cover Sheet AO44.

(4) A completed Civil Cover Sheet (AO44).

CRITICALCivil cases

Applies to

Pro hac vice application

Must include

certificate of compliance, particular need statement, disciplinary history statement

Pro hac vice applications must include specific statements about need, compliance, and disciplinary history.

An application for leave to appear pro hac vice shall be promptly filed with the clerk and shall set forth: (1) the name and address of the applicant’s law firm; (2) the basis upon which “particular need” is claimed; (3) a statement that the applicant understands that he or she is charged with knowing and complying with all 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

Conference

Must include

case familiarity, settlement discussion, stipulation preparation

Attorneys must be familiar with case and prepared to stipulate and discuss settlement.

Each attorney shall be completely familiar with all aspects of the case in advance of the conference, and be prepared to enter into stipulations with reference to as many facts, issues, deposition excerpts, and exhibits as possible, and to discuss the possibility of settlement.

CRITICALCivil cases

Applies to

Joint individualized trial statement

Joint Individualized Trial Statement due 7 days before individualized trial conference

The parties must file a Joint Individualized Trial Statement seven (7) days before the individualized trial conference addressing all of the following topics, unless they have already addressed these topics in their Joint Status Report or unless otherwise ordered by the court:

CRITICALCivil cases

Applies to

Withdrawal motion

Must include

noticing per lcr 7d3, service certification

Withdrawal motions must be noted per LCR 7(d)(3) and include certification of service.

A motion for withdrawal shall be noted in accordance with LCR 7(d)(3) or CrR 12(b) (criminal cases) and shall include a certification that the motion was served on the client and opposing counsel.

CRITICALCivil cases

Applies to

Receiver dismissal

Must include

court leave required, notice to parties required

Actions with appointed receivers cannot be dismissed without court leave and notice to parties.

No action in which a receiver has been appointed shall be dismissed by any party except by leave of court and on such notice to other parties as the court may prescribe.

CRITICAL

Applies to

Opening brief

Must include

identify alj errors

Opening brief required to identify ALJ errors

The Scheduling Order will direct you to file an opening brief that identifies all the ways you believe the ALJ erred.

CRITICALCivil cases

Applies to

Habeas corpus petition

Washington Attorney General must send monthly death penalty case status reports to clerk.

The Washington Attorney General shall send to the clerk of this court a monthly report summarizing the status of each case wherein a Washington court has imposed the sentence of death.

CRITICAL

Applies to

Civil rights complaint

The complaint must specify the injury, harm, or damages allegedly resulting from the Count II events and continue paragraph numbering.

State with specificity the injury, harm, or damages you believe you suffered as a result of the events you described above in Count II. Continue to number your paragraphs.

CRITICALCivil cases

Applies to

Rule 26f conference

(I) whether the case will involve the preservation and production of Electronically Stored Information ("ESI") and, if so: (i) the nature, location, and scope of discoverable ESI; and (ii) whether the parties agree to adopt the Model Agreement Regarding Discovery of Electronically Stored Information in Civil Litigation (the "Model ESI Agreement," which can be found under "Forms" on the court's website) or a modified version thereof, and the timing for filming the agreement;

(I) whether the case will involve the preservation and production of Electronically Stored Information ("ESI") and, if so: (i) the nature, location, and scope of discoverable ESI; and (ii) whether the parties agree to adopt the Model Agreement Regarding Discovery of Electronically Stored Information in Civil Litigation (the "Model ESI Agreement," which can be found under "Forms" on the court's website) or a modified version thereof, and the timing for filming the agreement;

CRITICALCivil cases

Applies to

Jury instructions

Must include

caption, judge name

Jury instructions must be submitted by a specified deadline in jury trials.

(Omit this subparagraph in non-jury case). Jury instructions requested by either party shall be submitted to the court on or before _______________.

CRITICALCivil cases

Applies to

Notice of removal

Must include

good faith belief statement

Removal notice must state reasons for good faith belief of damages exceeding jurisdiction.

The notice of removal shall in that event set forth the reasons which cause petitioner to have a good faith belief that the plaintiff is seeking damages in excess of the jurisdictional amount of this court notwithstanding the fact that the prayer of the complaint does not specify the dollar damages being sought.

CRITICALCivil cases

Applies to

Withdrawal notice

Must include

attorney identification, client remains represented statement

Withdrawal notices for multiple attorneys must state client remains represented and identify attorneys.

The remaining or withdrawing attorney(s) shall file a Notice of Withdrawal, which shall include a statement that the client remains represented and identifies the withdrawing and remaining attorneys.

CRITICALCivil cases

Parties limited to one expert witness per subject unless court orders otherwise.

Except as otherwise ordered by the court, a party shall not be permitted to call more than one expert witness on any subject.

CRITICALCivil cases

Applies to

Notice of pendency

Must include

filing deadline

Must file Notice of Pendency of Other Action within 5 days of learning about related federal cases.

(b) Multidistrict Litigation Whenever a party knows or learns that its pending case involves all or a material part of the same subject matter and all or substantially the same parties as another action that is pending in any other federal court, the party must file a Notice of Pendency of Other Action within five days of learning of the other action as set forth in LCR 3(g).

CRITICALCivil cases

Applies to

Dispositive motion

Must include

filing deadline

Dispositive motions must be filed by the dispositive motions deadline.

Not later than the deadline to file dispositive motions, unless

CRITICALCivil cases

Applies to

Motion

Motions must include 'NOTE ON MOTION CALENDAR' date in caption below title.

All motions shall include in the caption (immediately below the title of the motion) the date the motion is to be noted for consideration upon the court’s motion calendar. See LCR 7(d) for scheduling motions and briefing deadlines. The noting date is the date by which all briefing is complete and the matter is ready for the court’s consideration, although the court may not issue a ruling on that day. The form for this notation shall be as follows: NOTE ON MOTION CALENDAR: [insert date noted for consideration]

CRITICALCivil cases

Applies to

Notice of bankruptcy filing

Other parties must file bankruptcy notice within 5 days if filer fails to do so.

If the filing party has not filed the required Notice and another party learns of the bankruptcy filing, that party must file the Notice within five days of learning of the bankruptcy filing.

CRITICALCivil cases

Applies to

General provision

Must include

strict enforcement, sanctions applicable

Rule provisions strictly enforced with sanctions for non-compliance.

The provisions of this rule will be strictly enforced. Sanctions and penalties for failure to comply are set forth in LCR 11 and in the Federal Rules of Civil Procedure.