Western District of Washington Filing Timing and Cure Windows

CRITICAL

Post-confirmation quarterly reports due by 21st day of month after quarter ends, using UST Form 11-PCR.

If an application for a final decree has not been filed within 3 months after confirmation of a chapter 11 plan, then the party designated in the plan as the responsible party, such as the reorganized debtor, liquidating trustee, plan proponent, or plan administrator, shall file with the court a post-confirmation quarterly report every three months until a final decree is entered. The first such report shall include the quarter in which the plan was confirmed. Each report shall be due by the 21st day of the month after the quarter ends and, except as otherwise ordered by the court, shall be filed on UST Form 11-PCR.

CRITICAL

The briefing schedule sets specific deadlines for responses, confirmations, and replies relative to the hearing date.

Unless otherwise ordered by the court, responsive papers, replies, and confirmation of hearings shall be filed as set forth below: Hearing Date Response* Confirmation* Reply* Friday Friday noon Monday Tuesday Thursday Thursday noon Friday Monday Wednesday Wednesday noon Thursday Friday Tuesday Tuesday noon Wednesday Thursday Monday Monday noon Tuesday Wednesday * All references in these columns are to days of the week preceding the hearing date. In the event any of the days falls upon a legal holiday, then the deadline for the event shall be determined by counting backward until a day that is not a Saturday, Sunday or legal holiday.

CRITICAL

A petition submitted for filing by an unrepresented individual must include the signature of the debtor (and joint debtor if applicable) in accordance with Local Bankruptcy Rule 5005-1(c)(2) or be subject to rejection by the clerk of court and returned to the debtor with no bankruptcy case opened.

A petition submitted for filing by an unrepresented individual must include the signature of the debtor (and joint debtor if applicable) in accordance with Local Bankruptcy Rule 5005-1(c)(2) or be subject to rejection by the clerk of court and returned to the debtor with no bankruptcy case opened.

CRITICAL

Debtor must file an estimated settlement statement before the response date for the sale motion.

The debtor shall also file an estimated settlement statement prior to the response date for the motion.

CRITICAL

Individual Chapter 11 debtor must file projected budget within 14 days after entry of order for relief.

An individual debtor in possession shall file a projected budget of income and expenses for the six-month period following the petition date within 14 days after entry of the order for relief.

CRITICAL

Petitions that are submitted for filing on paper and not accompanied by the verified statement may be rejected by the clerk.

Petitions that are submitted for filing on paper and not accompanied by the verified statement may be rejected by the clerk.

CRITICAL

Trustee may move to convert or dismiss on 7 days' notice for failure to provide proof of insurance.

If the debtor in possession fails timely to provide the United States trustee with proof of insurance or insurance renewal, the United States trustee may move to convert or dismiss the case on 7 days’ notice to the debtor, parties who have requested notice, and any committee, unless the court allows a shorter period on a showing of exigent circumstances.

CRITICAL

Daubert motions (motions challenging expert testimony) must be filed by the dispositive motion deadline set in the Court's trial scheduling order.

Motions challenging expert testimony, though not dispositive motions, must be filed by the date dispositive motions are due in accordance with the Court’s trial scheduling order.

CRITICALCivil cases

If counsel cannot agree, a properly noted motion to seal must be filed before or at the same time as the document to be sealed.

If counsel cannot agree, then a properly noted mo�on to seal must be filed prior to or contemporaneously with the document to be sealed.

CRITICALCriminal cases

Time periods ending on a weekend or holiday extend to the next business day.

When the Local Rules or a court order permits a party to act within a period of time stated in days or a longer unit of time and the last day of the period is a Saturday, Sunday, or legal holiday, the time period continues to run until the following day that is not a Saturday, Sunday, or legal holiday.

CRITICALCivil cases

For purposes of LCR 7, a motion filed on a weekend or legal holiday is deemed filed the next business day and must be noted accordingly.

If a motion is filed on a weekend or legal holiday, it will be deemed filed the next business day for purposes of this rule and must be noted accordingly.

CRITICALCivil cases

The expedited submission must be noted for consideration on the date it is filed.

The submission shall be noted for consideration on the date of filing and shall be described as a “LCR 37 Joint Submission.”

CRITICALCriminal cases

Filing deadlines are extended to the next business day if the e-filing system is down for more than two hours or after 5pm, or if the courthouse closes unexpectedly.

If access to the electronic filing system is not available due to failure of the court's filing system(s) for a period longer than two hours, or any period after 5pm, or if the courthouse is closed for unanticipated reasons, filing deadlines are extended to the next business day.

CRITICALCriminal cases

Pretrial motion deadline is set at arraignment; no motions after that date without leave of court for good cause.

At the time of arraignment, the court shall set a date for the filing of pretrial motions. No motion may be filed subsequent to that date except upon leave of court for good cause shown.

CRITICAL

Exhibits must be delivered to the Courtroom Deputy Clerk by the Thursday before trial unless other arrangements are made with the clerk.

Exhibits must be delivered to Grant Cogswell, Courtroom Deputy Clerk, the Thursday prior to trial or upon other arrangements made with the clerk.

WARNING

Joint petitions missing a joint debtor's signature receive a 7-day deficiency notice to cure.

Joint petitions filed without the signature of a joint debtor will be issued a 7-day deficiency notice to provide the missing signature.

WARNING

Monthly financial report must be filed by the 21st day of the following month.

Each report shall be due by the 21st day of the subsequent month

WARNINGCivil cases

Any answer or reply must be filed within the time directed by court order.

Pursuant to those rules, the time for filing answers and replies, if any, shall be as directed by order of the Court.

WARNINGCivil cases

A pro hac vice application must be filed promptly with the clerk.

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.

WARNINGCivil cases

A party may oppose a motion for leave to file an amicus brief within 7 days after service or as the court orders, briefly stating the grounds.

Any party may file an opposition to a motion for leave to file an amicus brief, concisely stating the reasons for such opposition, within 7 days after service of the motion or as ordered by the court.

WARNINGCriminal cases

Witness statements must be provided after witness testifies at trial or earlier by agreement.

Witness Statements After witness has testified at trial or earlier by agreement of parties

WARNINGCivil cases

The motion for leave and amicus brief must be filed timely to avoid prejudice or delay, and an amicus brief may not be filed after the relevant motion’s noting date without court permission.

The motion for leave and amicus brief shall be filed in a timely manner such that it does not unduly prejudice any party or delay the court’s ability to rule on any pending matter, and in no circumstances shall an amicus curiae file an amicus brief after the noting date of the relevant motion without permission of the court.

WARNINGCivil cases

The arbitrator must file the award with the clerk promptly after the hearing.

The arbitrator shall file his or her award with the clerk promptly after the hearing.

INFOCriminal cases

Applies to

Motion in limine

Supplemental motions in limine allowed only for discovery produced after the motion deadline.

If the government or the defense produces discovery after the date on which motions in limine are to be filed, the opposing party may file a motion in limine after the deadline set out in this rule provided that the motion is directed only at this subsequently-produced information.

INFOCriminal cases

Applies to

Trial brief

Supplemental trial briefs allowed only for discovery produced after the trial brief deadline.

If the government or the defense produces discovery after the date on which a trial brief is to be filed, the opposing party may file a supplemental trial brief after the deadline provided by this rule provided that the supplemental trial brief is directed only at this subsequently-produced information.

INFOCriminal cases

Certain motions (stipulated, joint, unopposed, over-length, reconsideration, ex parte, recuse) are noted for consideration on the day they are filed.

Stipulated, joint motions or unopposed motions, motions to file over-length motions or briefs, motions for reconsideration, ex parte motions, and motions to recuse shall be noted for consideration for the day they are filed.

INFOCivil cases

Under the expedited procedure, the motion may be noted for consideration on the day it is filed.

If the parties utilize this procedure, the motion may be noted for consideration for the day the motion is filed.

INFOCivil cases

A temporary restraining order motion may be noted for the same day it is filed.

The motion must not exceed 8,400 words or, if written by hand or typewriter, twenty-four pages in length and may be noted for the same day it is filed.

CRITICALCivil cases

Filing deadlines extend to the next business day if a court filing-system failure lasts longer than two hours, occurs for any period after 5 p.m., or the courthouse closes for unanticipated reasons.

If access to the electronic filing system is not available due to failure of the court’s filing system(s) for a period longer than two hours, or any period after 5pm, or if the courthouse is closed for unanticipated reasons, filing deadlines are extended to the next business day.

CRITICAL

Applies to

Motion

Motions for summary judgment and lien avoidance must be filed and served at least 28 days before the hearing.

Motions for summary judgment and lien avoidance shall be filed and served at least 28 days preceding the date fixed for hearing.

CRITICAL

Applies to

Reply to objection to confirmation

Debtor's reply to objection to confirmation must be filed no later than 7 days before the confirmation hearing.

The debtor shall file a reply to the objection to confirmation no later than 7 days prior to the hearing on plan confirmation. (Note: Local Bankruptcy Rule 9013-1(d)(8) governs the timing of a reply, if any, in all chapter 13 proceedings except plan confirmations subject to this subsection).

CRITICAL

Applies to

Report of proceedings

Report of proceedings must be filed within 21 days of removal or within 14 days after denial of remand motion.

The removing party shall, within 21 days of the notice of removal, or, if a motion to remand is filed prior to the expiration of such 21-day period, 14 days after the entry of an order denying the motion to remand, file a report of the proceedings in the court from

CRITICAL

Applies to

Response

Responses to motions must be filed and served at least 7 days before the hearing.

Unless otherwise ordered by the court, each party opposing a motion shall file and serve responsive papers not later than 7 days prior to the date set for hearing subject to the provisions of subsection (d)(5)(B) below.

CRITICAL

Pre-confirmation attorneys’ fees in excess of the presumptive fee may be requested by application filed with the court not more than 21days after the entry of the order of confirmation.

Pre-confirmation attorneys’ fees in excess of the presumptive fee may be requested by application filed with the court not more than 21days after the entry of the order of confirmation.

CRITICAL

Deadline

1 business days

A voluntary petition filed by a registered ECF filer that is not accompanied by this verified statement may be dismissed after 1 business day without further notice.

A voluntary petition filed by a registered ECF filer that is not accompanied by this verified statement may be dismissed after 1 business day without further notice.

CRITICAL

Creditor list must be filed within 7 days of petition; failure may result in dismissal.

A debtor in a voluntary case shall file or submit a list of creditors in the format required by the office of the clerk of court, containing the names and addresses of each entity included or to be included on Schedules D, E/F, G and H, as required by 11 U.S.C. § 521(a)(1)(A) and Fed. R. Bankr. P. 1007(a)(1), no later than 7 days from the date of the filing of the petition. Failure to timely file or submit the creditor list may result in dismissal of the debtor’s case.

CRITICAL

Parties must file consent or withholding of consent to bankruptcy judge jury trial by the later of the answer/reply deadline or 21 days after the demand.

If there is a right to jury trial and a demand under Fed. R. Civ. P. 38(b) is timely filed, the parties shall consent or not (28 U.S.C. § 157(e)) to have the trial conducted by the bankruptcy judge by filing a statement of consent or withholding of consent by the later of the time for answer or reply, if the demand is made in a complaint or cross- or counter-claim, or 21 days after the demand is made.

CRITICAL

Jury trial demand must be filed with the notice of removal, first pleading, or within 30 days of removal, whichever is earlier.

and be filed with the notice of removal; or with a party’s first pleading, or within 30 days of the filing of a notice of removal (pursuant to Fed. R. Bankr. P. 9027 and Local Bankruptcy Rule 9027-1), whichever is earlier.

CRITICAL

Objections to disclosure statement in chapter 11 case must be filed and served at least 7 days before the hearing.

Unless otherwise ordered by the court, objections to a disclosure statement in a chapter 11 case shall be filed and served not later than 7 days before the hearing on the disclosure statement.

CRITICAL

Deadline

1 business days

Missing debtor signature on ECF petition may result in dismissal within 1 business day without further notice.

A petition filed by a registered ECF filer must include the signature of the debtor (and joint debtor if applicable) in accordance with Local Bankruptcy Rule 5005-1(c)(1) or be subject to dismissal within 1 business day, without further notice, as to the debtor whose signature is not provided.

CRITICAL

Response to withdrawal motion due 14 days after service.

Response documents shall be filed and served no later than 14 days after service of the motion for withdrawal.

CRITICAL

Applies to

Motion to remand

Motion to remand must be served and filed within 30 days of the notice of removal.

Any motion to remand shall be served and filed within 30 days of the notice of removal and noted for hearing in accordance with Local Bankruptcy Rule 9013-1.

CRITICAL

Motions for reconsideration must be filed and served within 14 days of the judgment or order.

such motions shall be filed and served within 14 days after entry of the judgment or order

CRITICAL

Failure to file or submit these schedules and statements may result in dismissal of the debtor’s case, provided that the docket shows that the debtor was given 15 days' notice of this provision. The 15-day notice of dismissal for failure to file schedules and statements may be provided with the Official Form B309 Notice of Bankruptcy Case.

Failure to file or submit these schedules and statements may result in dismissal of the debtor’s case, provided that the docket shows that the debtor was given 15 days' notice of this provision. The 15-day notice of dismissal for failure to file schedules and statements may be provided with the Official Form B309 Notice of Bankruptcy Case.

CRITICAL

Party presenting an order after hearing must serve copies and give at least 7 days' notice of presentation date.

Unless the court directs otherwise, a party presenting an order for entry after the hearing on a motion shall serve copies on the parties that were present at the hearing and, unless agreement is reached as to the form of the order, shall give at least 7 days' notice of the time, date and place of presentation.

CRITICAL

Objections to an order must be filed and served at least 3 days before the presentation date.

Any party opposing entry of the order shall file and serve an objection not later than 3 days prior to the date set for presentation.

CRITICAL

Clerk transmits withdrawal motion to district court 28 days after filing or after response/reply/recommendation, whichever earlier.

Except as otherwise ordered by the bankruptcy court, 28 days after the filing of the motion for withdrawal of reference, or after a response, reply and judicial recommendation have been filed, whichever is earlier, the clerk of the bankruptcy court shall transmit to the district court the motion and related documents that have been filed with the bankruptcy court and any recommendation of the bankruptcy judge.

CRITICAL

Applies to

Motion

All other motions must be filed and served at least 21 days before the hearing.

All other motions and/or notice thereof shall be filed and served upon the appropriate parties at least 21 days preceding the date fixed for hearing unless a longer period of notice is ordered by the court or prescribed by the Federal Rules of Bankruptcy Procedure or these Local Bankruptcy Rules.

CRITICAL

If a response is filed, a reply, if any, shall be filed and served no later than 21 days after filing of the motion.

If a response is filed, a reply, if any, shall be filed and served no later than 21 days after filing of the motion.

CRITICAL

Mediator must file Certificate of Compliance within 14 days of mediation conference conclusion.

Within 14 days of the conclusion of the Mediation Conference, the Mediator shall file with the court a Certificate of Compliance in the form provided by the court.