Western District of Washington Document Filing Requirements

CRITICALCivil cases

Applies to

Civil action

Patent/copyright cases require additional notices (AO 120/121).

All civil actions in which jurisdiction is invoked in whole or in part under 28 U.S.C. § 1338 (regarding patents, copyrights and trademarks) shall be accompanied by the required notice to the Patent and Trademark Office, Form AO 120, in patent and trademark matters, and by the required notice, Form AO 121, in copyright matters.

CRITICALCivil cases

Applies to

Notice of removal

Must include

jury trial preservation

Must comply with Fed. R. Civ. P. 81(c) to preserve jury trial right in removed cases.

(e) Preserving Right to Jury Trial. In a case removed from state court, a party must comply with Fed. R. Civ. P. 81(c) to preserve any right to a trial by jury.

CRITICAL

Applies to

Registration form

Must include

name, case number, phone number +2 more

Must complete registration form, PACER account, and Non-Attorney Filers access to e-file

To successfully register to directly file documents in CM/ECF in this court, you must complete the following steps: 1. Complete and submit the registration form, indicating which e-filing service you are applying for. 2. Register for a PACER-Case Search Only account through pacer.gov. 3. Register for Non-Attorney Filers access through pacer.gov.

CRITICAL

Applies to

All

Must include

name, address, phone number

Name, address, and phone number required on each document.

You must include your name, address and phone number on each document submitted.

CRITICALCivil cases

Applies to

Notice of intent new trial

Notice of intent to move for new trial must be filed within 10 court days of verdict.

Within ten (10) court days after notice of entry of a verdict, a party may file with the clerk and serve on each adverse party a notice of intention to move for a new trial

CRITICAL

Applies to

Notice of change

Must include

change of contact information

Address/phone/email changes must be reported within 10 days via written notice.

If your address, phone number or email address (if registered for electronic filing) changes, you must file a written notice within 10 (ten) days of the change, as established by LCR 10(f).

CRITICALCivil cases

Applies to

Case management order

Case management order requires document exchange 15 days before pretrial conference and discovery completion within 90 days

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

Trial procedure

Each side gets 3 hours for evidence presentation; multi-party trials divide time among plaintiffs/defendants.

Each side shall have three hours to present evidence, not including time for opening statement and time for closing argument. In multi-party trials, plaintiffs shall divide the three hours among themselves, and defendants shall divide the three hours among themselves.

CRITICALCivil cases

Applies to

Initial disclosure

Initial disclosures due within 7 days of agreement approval

If initial disclosures have not been exchanged, or if they are not yet due, the disclosures required by Fed. R. Civ. P. 26(a)(1)(A) shall be exchanged within seven (7) days after the agreement is approved by the court.

CRITICAL

Applies to

Registration form

Must include

case number

Separate registration form required for each case; case number needed before activation

A separate ECF Pro Se Registration Form must be submitted for every case that you file in this court. You are also required to have a case number before your account can be activated.

CRITICAL

Applies to

Complaint

All documents must be dated and signed with an original signature per FRCP 11(a).

All documents must be dated and signed with an original signature, as established by FRCP 11(a).

CRITICAL

Applies to

Motion

Must include

caption

All motions must include a Noting Date displayed directly under the document title.

All motions must include a "Noting Date". This is the date the motion will be ready for the judge's review. The noting date must appear on the face of the motion directly under the document title, as established by LCR 7.

CRITICAL

Applies to

Complaint

New cases require a Complaint, Civil Cover Sheet, and filing fee payment or IFP application.

The following documents are required to file a new case. 1) Complaint form 2) Civil Cover Sheet 3) Payment of the filing fee ($405.00) or submittal of an Application to Proceed In Forma Pauperis – commonly referred to as an “IFP” – requesting that the court waive the filing fee.

CRITICALCivil cases

Applies to

Appeal procedure

Must include

other grounds waived, new trial motion required before appeal

Appeal requires new trial motion first; appeal only on grounds from subsection (n)(3) unless parties agree.

Before filing an appeal, a party shall make a motion for a new trial pursuant to subsection (n) of these procedures. If the motion for a new trial is denied, the party may appeal the judgment and seek a new trial only on grounds specified in subsection (n)(3). All other grounds for appeal shall be waived and are not permitted, unless the parties agree otherwise.

CRITICAL

Applies to

Proof of service

Must include

certificate of service

Proof of service must be filed for each defendant with the clerk.

You must also file proof of service for each defendant with the clerk, in accordance with rules 4(l) and (m) of Federal Rules of Civil Procedure.

CRITICAL

Applies to

Motion

Must include

oral argument requested

Oral argument requests must be clearly marked under case number and title.

To request oral argument on a motion, “Oral Argument Requested” must be written under the case number and document title. If the request for oral argument is granted, the parties will be contacted as to the date and time of argument, as established by LCR 7.

CRITICAL

Applies to

Proof of service

After serving defendants, pro se litigants must file a Proof of Service document.

After summons have been issued and the defendant(s) have been "served" a copy of the complaint and accompanying documents, you must file a document called a "Proof of Service," which is on the second page of the summons form.

CRITICAL

Applies to

Summons

Must include

certificate of service

Pro se litigants cannot serve their own documents.

You may not serve your own documents.

CRITICALCivil cases

Applies to

Joint individualized trial statement

Joint Individualized Trial Statement required 7 days before conference

The parties must file a Joint Individualized Trial Statement seven (7) days before the individualized trial conference addressing all of the following topics,

CRITICAL

Applies to

Summons

The original summons form will then be returned to you for execution of service on the defendant(s). The court cannot serve the defendant(s) on your behalf, except if ordered by the court.

The original summons form will then be returned to you for execution of service on the defendant(s). The court cannot serve the defendant(s) on your behalf, except if ordered by the court.

CRITICAL

Applies to

Notice of related cases

Must include

judge name, case number

Pro se litigants must file a Notice of Related Cases if they have related cases in federal court involving the same defendants.

Complete this section if you currently have or have had cases in this court or other federal courts with the same defendant(s). If so, add the name of the judge and case number to the form. You are also required to file a "Notice of Related Cases," listing the case information. As the court does have a general form to use, you may create your own.

CRITICAL

Applies to

Civil cover sheet

Must include

name, address, phone number

Pro se litigants must provide contact information in Section 1(c).

Section 1(c): Since you are appearing pro se, write your name, address and phone number under “Attorneys.”

CRITICAL

Applies to

Civil cover sheet

Must include

judge name

Civil Cover Sheet is required with initial filing.

A “Civil Cover Sheet” is a document that provides the court with basic information about your case and must be filed when you submit your initial documents, as established by LCR 3(a).

CRITICAL

Applies to

Case filing

File in Seattle or Tacoma based on county of claim or defendant residence per Local Civil Rules.

Should you file your case in Tacoma or Seattle? The U.S. District Court for the Western District of Washington has courthouses in Seattle and Tacoma. Where you file your case depends on the county in which the claim arose or where the defendant(s) reside, as established by the Court’s Local Civil Rules (LCR).

CRITICALCivil cases

Applies to

Agreement for individualized trial

Parties must file written agreement using court form for Individualized Trial Program

The parties shall file a written agreement, using the court form titled “Agreement for Individualized Trial and Request for Approval” available from the Clerk’s Office and on the court’s website.

CRITICAL

Applies to

Case filing

Verify correct court jurisdiction before filing to avoid missing statute of limitations deadlines.

Before filing a case in federal court, you first need to make sure that you are filing it in the correct court. This can be especially important if you are working with a deadline for certain statutes of limitations. Filing your case in the wrong court may affect whether or not you meet those required deadlines.

CRITICAL

Applies to

All

Must include

date, signature

All documents must be dated and signed with original signature per FRCP 11(a).

All documents must be dated and signed with an original signature, as established by FRCP 11(a).

CRITICALCivil cases

Applies to

New trial motion

New trial motions limited to judicial misconduct, jury misconduct, or corruption/fraud/undue means.

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) corruption, fraud, or other undue means employed in the proceedings of the court or jury.

CRITICALCivil cases

Must include

expert witness limit

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.

CRITICAL

Applies to

Motion

Must include

noting date

All motions must include a noting date under the document title.

All motions must include a “Noting Date”. This is the date the motion will be ready for the judge’s review. The noting date must appear on the face of the motion directly under the document title, as established by LCR 7.

CRITICAL

Applies to

Civil cover sheet

Pro se litigants must sign and date the civil cover sheet in the "Signature of Attorney of Record" box.

Because you are appearing pro se (i.e., acting as your own attorney), you must sign and date the box at the bottom of form under, "Signature of Attorney of Record."

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.

CRITICAL

Applies to

Proof of service

Original proof of service must be filed with the court after service is completed.

Once the defendant(s) have been served, the original proof of service must be filed with the court, as established by FRCP 4(l).

CRITICALCivil cases

Applies to

Arbitration award

The arbitrator’s award must be written and signed by the arbitrator.

The award shall be in writing and signed by the arbitrator.

CRITICALCivil cases

Applies to

Motion to seal

Must include

certificate of conference

A motion to seal must include a detailed meet-and-confer certification and a statement of the legal standard and reasons supporting sealing, including interests, potential injury, and why less restrictive alternatives are insufficient.

A motion to seal a document, even if it is a stipulated motion, must include the following: (A) A certification that the party has met and conferred with all other parties in an attempt to reach agreement on the need to file the document under seal, to minimize the amount of material filed under seal, and to explore redaction and other alternatives to filing under seal; this certification must list the date, manner, and participants of the conference; (B) A specific statement of the applicable legal standard and the reasons for keeping a document under seal, including an explanation of: i. the legitimate private or public interests that warrant the relief sought; ii. the injury that will result if the relief sought is not granted; and iii. why a less restrictive alternative to the relief sought is not sufficient

CRITICAL

Applies to

Trial proceedings

In making objections, counsel should state only the legal grounds for the objection and should withhold all further comment or argument unless elaboration is requested by the Court.

In making objections, counsel should state only the legal grounds for the objection and should withhold all further comment or argument unless elaboration is requested by the Court.

CRITICALCivil cases

Applies to

Amicus brief

An amicus may file a brief only with court permission, which may follow a motion for leave or the Court’s own initiative.

An amicus curiae may file a brief only upon leave of Court, which may be granted after the submission of a motion for leave to file or upon the Court’s own initiative.

CRITICALCivil cases

Applies to

Discovery motion

The moving party must certify in the motion that it has complied with these requirements.

The moving party shall certify in the motion that it has complied with these requirements.

CRITICALCivil cases

Applies to

Filing

Each pleading, motion, or other filing must include the specified court name on its first page and a title identifying the paper’s purpose and presenting party below the docket number.

Each pleading, motion or other filing shall contain the words “United States District Court, Western District of Washington” on the first page and, in the space below the docket number, a title indicating the purpose of the paper and the party presenting it.

CRITICALCivil cases

Applies to

Sur reply

A party intending to file a surreply to request that reply material be stricken must file notice as soon as practicable after receiving the reply brief.

(1) That party must file a notice of intent to file a surreply as soon after receiving the reply brief as practicable.

CRITICALCriminal cases

Applies to

Brief

Must include

word count

Briefs subject to word limits must include a word count certification in the signature block.

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 Criminal Rules."

CRITICALCivil cases

Applies to

Complaint

The class-action allegations must identify the portion or portions of Federal Rule of Civil Procedure 23 supporting maintenance of the suit as a class action.

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.

CRITICALCriminal cases

Applies to

Jury note

If the jury sends a note, the court must notify the parties and allow each side to be heard on the note and proposed response before answering.

If the jury sends the court a note, the court shall notify the parties. In open court, but outside the jury's presence, the court shall allow each side to be heard on the note and the court's proposed response to it. If the court determines that the note requires an answer, the court shall give the

CRITICALCivil cases

Applies to

Court filing

An attorney certifies current eligibility to practice before the court by signing a court filing or participating in a matter.

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.

CRITICALCivil cases

Applies to

Motion

A motion’s supporting argument must be included in the motion rather than filed separately.

The argument in support of the motion shall not be made in a separate document but shall be submitted as part of the motion itself.

CRITICAL

Applies to

Trial proceedings

Be respectful of opposing counsel, litigants, and witnesses

Be respectful of opposing counsel and the litigants and/or witnesses.

CRITICALCivil cases

Applies to

Stipulation to consolidate

If the parties agree to consolidation, they must file a stipulation in every case to be consolidated.

If they agree, the parties must file a stipulation to consolidate in all of the cases to be consolidated.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

A temporary restraining order motion must include a proposed order specifying the requested relief and describing in reasonable detail the acts to be restrained or required.

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

Motion for protective order

Must include

certificate of conference

A motion for a protective order must include a certification of a good-faith meet-and-confer, listing its date, manner, and participants.

(1) Any motion for a protective order must include a certification, in the motion or in a declaration or affidavit, that the movant has engaged in a good faith meet and confer conference with other affected parties in an effort to resolve the dispute without court action. The certification must list the date, manner, and participants to the conference.

CRITICALCivil cases

Applies to

Joint pretrial order

Must include

deposition testimony intent

The intent to utilize deposition testimony should be included in the proposed Joint Pretrial Order after counsel have conferred and narrowed any objections. If differences remain, counsel for the offering party shall provide to the Court two (2) copies of the designated transcript FIVE (5) business days prior to the Final Pretrial Conference.

The intent to utilize deposition testimony should be included in the proposed Joint Pretrial Order after counsel have conferred and narrowed any objections. If differences remain, counsel for the offering party shall provide to the Court two (2) copies of the designated transcript FIVE (5) business days prior to the Final Pretrial Conference.