Western District of Washington Document Filing Requirements

CRITICALCivil cases

Applies to

Discovery

Discovery limited to 10 interrogatories, 10 document requests, 10 requests for admission, and 15 hours of depositions per party

Unless otherwise ordered by the court or by agreement of the parties, discovery shall be limited to ten (10) interrogatories per party, ten (10) document requests, ten (10) requests for admission, and fifteen (15) hours of depositions, per party.

CRITICALCivil cases

Applies to

Pro hac vice application

Must include

local counsel signature, attestation of availability

Local counsel must review, sign, and file pro hac vice applications and attest to availability.

Local counsel must review, sign, and electronically file the applicant’s pro hac vice application. By agreeing to serve as local counsel and by signing the pro hac vice application, local counsel attests that he or she is authorized and will be prepared to handle the matter in the event the applicant is unable to be present on any date scheduled by the court.

CRITICALCivil cases

Applies to

New trial motion

Grounds for new trial motions limited to judicial misconduct, jury misconduct, or other specified grounds

Grounds for motions for a new trial shall be limited to: (1) judicial misconduct that materially affected the substantial rights of a party; (2) misconduct of the jury; or (3)

CRITICALCivil cases

Applies to

Motion for entry of default judgment

Must include

certificate of service

Default judgment motions require service on appearing defaulting parties.

If the defaulting party has appeared, the motion shall be noted in accordance with LCR 7(d)(3), and service of all papers filed in support of the motion must be made at the defaulting party’s address of record and shall also be served by electronic means if available.

CRITICALCivil cases

Applies to

Notice of bankruptcy filing

Bankruptcy filers must notify court within 3 days with specific information about the filing.

If a party files for bankruptcy during the pendency of any action before this court, that party shall notify the court within three days by filing a Notice of Bankruptcy Filing. The Notice must identify the filing party, the date of the filing, the court where the filing occurred, and set forth the party’s position regarding whether the action is subject to the automatic stay of 11 U.S.C. § 362.

CRITICALCivil cases

Applies to

Defendant pretrial statement

Must include

exhibit list, witness list, affirmative defenses +2 more

Defendant must serve pretrial statement 20 days before proposed pretrial order filing.

Not later than 20 days prior to the filing of the proposed pretrial order, each defense counsel shall serve upon counsel for all other parties (but not file) a brief statement as to: (1) Objections, additions or changes which defendant believes should be made to plaintiff’s statement on federal jurisdiction and admitted facts; (2) Which affirmative defenses and/or claims for relief defendant intends to pursue at trial, stated in summary fashion; (3) Objections, additions or changes which defendant believes should be made to plaintiff’s statement of issues of law; (4) The names and addresses of all witnesses who might be called by defendant, and the general nature of the expected testimony of each. As to each witness, defendant shall indicate “will testify” or “possible witness only.” Rebuttal witnesses, the necessity of whose testimony cannot reasonably be anticipated before trial, need not be named; (5) A list of all exhibits which will be offered by defendant at the time of trial, except exhibits already listed by plaintiff and exhibits to be used for impeachment only,

CRITICALCivil cases

Applies to

Notice of pendency of other action

Notice of Pendency of Other Action must be filed within 5 days of learning about related cases.

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 or state court, before an administrative body, or before an arbitrator, the party must file a Notice of Pendency of Other Action within five days of learning of the other action.

CRITICALCivil cases

Must include

appearance

Failure to appear at pretrial conference or trial may result in judgment against the party.

Failure of an attorney for any party to appear at a pretrial conference or to complete the necessary preparations therefor, or to appear or be prepared for trial on the date assigned, may be considered an abandonment or failure to prosecute or defend diligently, and judgment may be entered against that party either with respect to a specific issue or the entire case.

CRITICALCivil cases

Applies to

Notice of removal

Must include

jury demand attachment

Removal requires jury demand copy as labeled attachment.

(3) A copy of any Jury Demand filed in the state court, which must be filed as an attachment and labeled “Jury Demand.”

CRITICALCivil cases

Applies to

Attorney certification

Must include

certificate of service

Attorneys must certify eligibility and notify clerk within 10 days of status change.

(1) Representation of Continuing Eligibility. By signing any document filed with the court or otherwise participating in any matter before the court, an attorney certifies that he or she is currently eligible to practice before this court. Should the status of an attorney change so that he or she no longer meets the requirements of LCR 83.1(b), he or she shall notify the Clerk of Court in writing no later than 10 days after the change in status.

CRITICALCivil cases

Applies to

Jury instructions

If parties cannot agree, file Joint Instructions and Joint Statement of Disputed Instructions with specific formatting.

If the parties cannot agree on one complete set of instructions, verdict forms, and interrogatories, they shall file two documents with the court. The first document, titled "Joint Instructions," shall reflect all agreed-upon instructions, verdict forms, and interrogatories. The second document, titled "Joint Statement of Disputed Instructions," shall present each disputed instruction, verdict form, and/or interrogatories in the following order: (1) At the top of the page, the proposed language shall be set forth with an identification of the party proposing it and a statement of any legal authority in support of the proposed language (not to exceed one page); (2) Immediately following the proposed language and supporting legal authority, the opposing party shall set forth its alternative language, if any, and its objections to the proposed language along with any legal authority in support of the objections (not to exceed one page).

CRITICALCivil cases

Applies to

Court proceeding

A legal intern may participate in all court proceedings, including depositions, provided the supervising lawyer or another lawyer from the same office is present. Unless otherwise ordered by the court, the supervising lawyer or another lawyer from the same office shall be present while a legal intern is participating in court proceedings.

A legal intern may participate in all court proceedings, including depositions, provided the supervising lawyer or another lawyer from the same office is present. Unless otherwise ordered by the court, the supervising lawyer or another lawyer from the same office shall be present while a legal intern is participating in court proceedings.

CRITICALCivil cases

Applies to

Notice of pendency of other action

The Notice must contain the title and case number of the other action, a brief description of the other action, the title and location of the court or other forum in which the other action is pending, a statement of any relationship between the two actions, a statement regarding whether transfer should be effected pursuant to 28 U.S.C. § 1407 (Multi District Litigation Procedures) if the action is pending in another U.S. District Court, and a statement regarding whether coordination between the actions might avoid conflicts, conserve resources and promote an efficient determination of the action.

The Notice must contain the title and case number of the other action, a brief description of the other action, the title and location of the court or other forum in which the other action is pending, a statement of any relationship between the two actions, a statement regarding whether transfer should be effected pursuant to 28 U.S.C. § 1407 (Multi District Litigation Procedures) if the action is pending in another U.S. District Court, and a statement regarding whether coordination between the actions might avoid conflicts, conserve resources and promote an efficient determination of the action.

CRITICALCivil cases

Applies to

Appearance

Must include

ecf signature, entry documents

Attorneys may enter appearance by signing and filing specific documents in civil cases.

An attorney eligible to appear may enter an appearance in a civil case by properly signing in accordance with the ECF Filing Procedures and filing a Notice of Appearance, complaint, amended complaint, answer, amended answer, Notice of Removal, motion to intervene, or motion for joinder on behalf of the party the attorney represents.

CRITICALCivil cases

Applies to

Deposition transcript

Must include

highlighting

Deposition transcript with highlighted relevant portions must be provided by pretrial statement deadline

If a party intends to offer a deposition instead of, or in addition to, live testimony at trial, the party shall provide to all other parties a transcript of the deposition with the relevant portions highlighted, by no later than the due date for their pretrial statement under LCR 16(h) and LCR 16(i) or as otherwise ordered by the court. Other parties may offer objections and counter- designations by highlighting them and providing the same to the opposing party no later than the conference of attorneys under LCR 16(k) or as otherwise ordered by the court.

CRITICALCivil cases

Applies to

Settlement approval

Must include

caption, judge name

In every case where the court is requested to approve a settlement involving the claim of a minor or incompetent, an independent guardian ad litem, who shall be an attorney-at-law, must be appointed by the court, and said guardian ad litem shall investigate the adequacy of the offered settlement and report thereon; provided, however, that the court may dispense with the appointment of the guardian ad litem if a general guardian has been previously appointed for such minor or incompetent, or if the court affirmatively finds that the minor or incompetent is represented by independent counsel.

In every case where the court is requested to approve a settlement involving the claim of a minor or incompetent, an independent guardian ad litem, who shall be an attorney-at-law, must be appointed by the court, and said guardian ad litem shall investigate the adequacy of the offered settlement and report thereon; provided, however, that the court may dispense with the appointment of the guardian ad litem if a general guardian has been previously appointed for such minor or incompetent, or if the court affirmatively finds that the minor or incompetent is represented by independent counsel.

CRITICALCivil cases

Applies to

General

Must include

electronic filing

Unless otherwise specifically ordered by the court or directed by the clerk, all counsel are required to electronically file documents through the court’s electronic filing system and to comply with the electronic filing procedures for the district. Unrepresented parties may, but are not required to, electronically file documents.

Unless otherwise specifically ordered by the court or directed by the clerk, all counsel are required to electronically file documents through the court’s electronic filing system and to comply with the electronic filing procedures for the district. Unrepresented parties may, but are not required to, electronically file documents.

CRITICALCivil cases

Applies to

Habeas corpus petition

Rule 104 governs first habeas corpus petitions in capital cases seeking death penalty relief.

This rule shall govern the procedures for a first petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 in which petitioner seeks relief from a judgment imposing a penalty of death.

CRITICALCivil cases

Applies to

Pretrial motion

Pretrial motions (except dispositive) must follow LCR 37 individualized procedure

Except for dispositive motions, all pretrial motions must use the individualized procedure set forth in LCR 37.

CRITICALCivil cases

Applies to

Withdrawal motion

Must include

unrepresented party contact info

Withdrawal motions leaving party unrepresented must include party's contact information.

If a withdrawal will leave a party unrepresented, the motion to withdraw must include the party’s address and telephone number.

CRITICALCivil cases

Applies to

Corporate disclosure statement

Nongovernmental parties (except individuals/sole proprietorships) must file corporate disclosure statements.

Any nongovernmental party, or any nongovernmental corporation that seeks to intervene, other than an individual or sole proprietorship, must file a corporate disclosure statement.

CRITICALCivil cases

Applies to

Pro hac vice application

Must include

local counsel

Pro hac vice appearances require representation by local counsel.

The party must also be represented by local counsel, who shall fulfill the responsibilities

CRITICALCivil cases

Applies to

Trial

Trial must be held within 6 months of agreement approval

Unless otherwise ordered, trial shall be held no later than six months after the agreement is approved by the court.

CRITICALCivil cases

Applies to

Motion to proceed pro se

Must include

proposed order, certificate of service

When attorney becomes unavailable, party must appoint new counsel or seek pro se substitution.

(6) When an attorney suddenly becomes unable to act in a case due to death, incapacity, removal or suspension, the party for whom he or she was acting as attorney must, before any further proceedings are had in the action on his or her behalf, unless such party is already represented by another attorney, (i) appoint another attorney who must enter an appearance in accordance with subsection (a) or (ii) seek an order of substitution to proceed pro se in accordance with subsection (b)(5).

CRITICAL

Applies to

Complaint

The plaintiff must sign the complaint.

You must sign the complaint.

CRITICALCivil cases

Applies to

Motion for interpleader deposit

Must include

dof identification, cris identification

Motion for Interpleader Deposit required with CRIS/DOF identification.

A Motion for Interpleader Deposit is required. The motion must clearly identify that the funds are to be deposited into the Court Registry Investment System (CRIS) for Disputed Ownership Fund.

CRITICALCivil cases

Applies to

All

Must include

date, signature

(4) Dates and Signature Lines. All pleadings, motions and other filings shall be dated and signed as provided by Federal Rule of Civil Procedure 11, LCR 11, and the court’s Electronic Filing Procedures. If an original document is required to be filed with the court, any required signature thereto must also be original. The court might not consider improperly signed or unsigned documents.

(4) Dates and Signature Lines. All pleadings, motions and other filings shall be dated and signed as provided by Federal Rule of Civil Procedure 11, LCR 11, and the court’s Electronic Filing Procedures. If an original document is required to be filed with the court, any required signature thereto must also be original. The court might not consider improperly signed or unsigned documents.

CRITICALCivil cases

Applies to

Motion for costs

Must include

certificate section

Costs must be verified under penalty of perjury.

The movant shall verify, in a declaration sworn under penalty of perjury by the party, an attorney of record, or an agent having knowledge of the facts, that each requested cost is correct and has been necessarily incurred in the case and that the services for which fees have been charged were actually and necessarily performed.

CRITICALCivil cases

Applies to

Amended pleading

Must include

final format filing, service on all parties

The amended pleading in final format, i.e., without redlining, should be filed simultaneously as a separate docket entry and served on all parties.

The amended pleading in final format, i.e., without redlining, should be filed simultaneously as a separate docket entry and served on all parties.

CRITICAL

Applies to

Motion

Must include

notice of electronic filing

Motions before magistrate judges must comply with LCR 7, 10 (civil) or LCrR 12 (criminal) and electronic filing procedures.

With respect to any motion to be heard before a magistrate judge, the parties shall comply with all rules of this court relating to motions, including but not limited to LCR 7 and 10 in civil cases, and LCrR 12 in criminal cases. All attorneys must also comply with this district=s electronic filing procedures.

CRITICALCivil cases

Applies to

Trial brief

Must include

caption

Trial briefs must be submitted by a specified deadline.

Trial briefs shall be submitted to the court on or before _______________.

CRITICALCivil cases

Applies to

Jury instructions

Parties must exchange jury instructions 21 days before due date and confer to agree on one set.

Twenty-one days before jury instructions are due, the parties shall exchange proposed jury instructions, verdict forms, and, if necessary, special interrogatories. Plaintiff is responsible for submitting proposed standard civil instructions and proposed instructions on any issue on which plaintiff bears the burden of proof. Defendant is responsible for submitting proposed instructions on any issue on which defendant bears the burden of proof. The parties shall confer with the objective of filing with the court one set of agreed-upon instructions, verdict forms, and interrogatories which addresses all elements of all claims and defenses in the case.

CRITICALCivil cases

Applies to

Temporary restraining order

Must include

proposed order

Proposed order required with temporary restraining order motions.

(4) Proposed Order: A motion for a temporary restraining order must include a proposed order specifically setting forth the relief requested and describing in reasonable detail the act or acts to be restrained or required.

CRITICALCivil cases

Applies to

Complaint

Class action complaints must reference the applicable Rule 23 provisions.

(A) A reference to the portion or portions of Fed. R. Civ. P. 23 under which it is claimed that the suit is properly maintainable as a class action.

CRITICALCivil cases

Each party limited to one expert witness unless court permits or parties agree

No party shall call more than one expert witness to testify, unless permitted by the court or by agreement of the parties.

CRITICALCivil cases

Applies to

Notice of removal

Must include

filing location

(g) Bankruptcy Cases. Parties asserting removal under 28 U.S.C. § 1452 (“Removal of claims related to bankruptcy cases”) should file their notice of removal with the Clerk of the Bankruptcy Court. A party should not file the notice with the Clerk of the District Court for the Western District of Washington.

(g) Bankruptcy Cases. Parties asserting removal under 28 U.S.C. § 1452 (“Removal of claims related to bankruptcy cases”) should file their notice of removal with the Clerk of the Bankruptcy Court. A party should not file the notice with the Clerk of the District Court for the Western District of Washington.

CRITICALCivil cases

Applies to

Motion to exclude expert testimony

Must include

filing deadline

Motions to exclude expert testimony must be filed by dispositive motions deadline.

Unless otherwise ordered by the court, parties shall file any motion to exclude expert testimony for failure to satisfy Daubert v. Merrell Dow Pharmaceuticals, Inc. and its progeny not later than the deadline to file dispositive motions.

CRITICALCivil cases

Applies to

Plaintiff pretrial statement

Must include

exhibit list, witness list, issues of law +3 more

Plaintiff must serve pretrial statement 30 days before proposed pretrial order filing.

Not later than 30 days prior to the date for filing the proposed pretrial order, counsel for plaintiff(s) shall serve upon counsel for all other parties (but not file) a brief statement as to: (1) Federal jurisdiction; (2) Which claims for relief plaintiff intends to pursue at trial, stated in summary fashion; (3) Relevant facts about which plaintiff asserts there is no dispute and which plaintiff is prepared to admit; (4) Issues of law; (5) The names and addresses of all witnesses who might be called by plaintiff, and the general nature of the expected testimony of each. As to each witness, plaintiff shall indicate “will testify” or “possible witness only.” Rebuttal witnesses, the necessity of whose testimony cannot reasonably be anticipated before trial, need not be named; (6) A list of all exhibits which will be offered by plaintiff at the time of trial, except exhibits to be used for impeachment only, and a statement of whether the plaintiff intends to present exhibits in electronic format to jurors. The exhibits shall be numbered in the manner required by the assigned judge during a pre-trial conference, in the applicable case management order, or by other order.

CRITICAL

Applies to

Civil rights complaint

The third 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 third 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

Disbursement

Must include

addresses, w 9 forms, email to finance

W-9 forms and addresses must be emailed to Finance Department, not filed.

Mailing address(es) and a completed IRS W-9 form from each disbursement recipient must be emailed to the Clerk’s Office Finance Department at seafin@wawd.uscourts.gov, but shall not be filed in the record.

CRITICALCivil cases

Applies to

Habeas corpus petition

Must include

original copy

Party in custody must send original completed petition to clerk.

The party in custody shall send to the clerk an original completed petition or motion form for filing.

CRITICALCivil cases

Applies to

Business entity withdrawal

Must include

certification of advice

Business entity attorneys must certify they advised entity about counsel requirement before withdrawal.

If the attorney for a business entity, except a sole proprietorship, is seeking to withdraw, the attorney shall certify to the court that he or she has advised the business entity that it is required by law to be represented by an attorney admitted to practice before this court and that failure to obtain a replacement attorney by the date the withdrawal is effective may

CRITICALCivil cases

Applies to

Habeas corpus petition

Must include

verification by non party, explanation for non party verification

If a petition or motion is not made and verified by the party in custody, the person making such petition or motion shall verify the same on behalf of such party in custody, and shall set forth therein the reason why it is not made and verified by the party in custody, and shall state he or she knows the facts set forth therein, or if upon information and belief, the sources of his or her information shall be stated.

If a petition or motion is not made and verified by the party in custody, the person making such petition or motion shall verify the same on behalf of such party in custody, and shall set forth therein the reason why it is not made and verified by the party in custody, and shall state he or she knows the facts set forth therein, or if upon information and belief, the sources of his or her information shall be stated.

CRITICALCivil cases

Applies to

Video deposition

Must include

submission to court, submission to parties

Video deposition must be submitted to court and parties by pretrial order 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 to the court upon request and to all other parties no later than the deadline for filing the pretrial order. The party offering the video is responsible for being familiar with the courtroom technology necessary to play it and for ensuring that the video is edited appropriately.

CRITICALCivil cases

Applies to

Deposition

Must include

identification on record

All deposition attendees must identify themselves on the record at the start or when admitted

Every person attending the deposition shall be identified on the record at the commencement of the deposition or upon later entry permitted by the court reporter. Persons attending by telephone must identify themselves by name and by telephone number. Under no circumstances may persons attend the deposition virtually in any manner without identifying themselves on the record at the commencement of the deposition or when admitted later by the court reporter.

CRITICAL

Applies to

Complaint

Must include

filing fee or ifp application

$402 filing fee or in forma pauperis application required

To file your case, you must either pay the $402 filing fee or complete and file an application to proceed in forma pauperis (without payment of fees) along with your complaint.

CRITICALCivil cases

Applies to

Summons

Must include

case number

Parties must provide properly formatted summons with sufficient copies for service.

It is the obligation of a party seeking the issuance of a summons by the clerk to present the summons to the clerk in the proper form, prepared for issuance, with sufficient copies for service.

CRITICALCivil cases

Applies to

All

(6) Citation to the Record. In all cases where the court is to review the proceedings of an administrative agency, transcripts, deposition testimony, etc., the parties shall, insofar as possible, cite the page and line of any part of the transcript or record to which their pleadings, motions or other filings refer. Citations to documents already in the record, including declarations, exhibits, and any documents previously filed, must include a citation to the docket number and the page number (e.g., Dkt. # __ at p. __) and citations to legal authority must include page numbers.

(6) Citation to the Record. In all cases where the court is to review the proceedings of an administrative agency, transcripts, deposition testimony, etc., the parties shall, insofar as possible, cite the page and line of any part of the transcript or record to which their pleadings, motions or other filings refer. Citations to documents already in the record, including declarations, exhibits, and any documents previously filed, must include a citation to the docket number and the page number (e.g., Dkt. # __ at p. __) and citations to legal authority must include page numbers.

CRITICALCivil cases

Applies to

Petition for conditional admission

Must include

employment statement, justification for admission

Conditional admission requires petition stating employment and justification for non-Washington State Bar attorneys.

In the case of an attorney for the United States or one of its agencies who is not a member of the Washington State Bar, he or she must file a Petition for Conditional Admission to Practice, which can be downloaded from the court's website, and state the department or agency by which he or she is employed and the circumstances justifying the proposed admission to the bar of this court.

CRITICALCivil cases

Applies to

Joint status report

Must include

topics from lcr 26 f, topics from fed r civ p 26 f 3

Joint status report must address all topics in Fed. R. Civ. P. 26(f)(3) and LCR 26(f).

In their joint status report, the parties must address all of the topics set forth in Fed. R. Civ. P. 26(f)(3) and in LCR 26(f).