Western District of Washington Filing Timing and Cure Windows

CRITICAL

Daubert motions must be filed by the dispositive motion deadline in the trial scheduling order.

Daubert motions must be filed by the dispositive motion deadline according to the Court’s trial scheduling order.

CRITICAL

All briefing must be complete and ready for the Court by the dispositive motion deadline on the case schedule.

All briefing must be complete and ready for the Court’s consideration consistent with the dispositive motion deadline on the case schedule.

CRITICAL

Motions in limine must be filed 35 days before trial, noted for 21 days from filing; opposition due 15 days after filing; no reply without court order.

All motions in limine must be filed no later than 35 days before trial and noted for consideration 21 days from the date of filing. Any opposition papers shall be filed and received by the moving party no later than 15 days after the filing date of the motion. No reply papers shall be filed unless the Court orders otherwise.

CRITICAL

Dispositive motions must be noted at least 90 days before trial.

Specifically, dispositive motions must be noted for at least 90 days prior to trial to allow sufficient time following the noting date to issue a decision on the motion prior to the deadline for motions

CRITICAL

Trial exhibits must be delivered to the courtroom deputy seven days before trial.

The original and one copy of the trial exhibits are to be delivered to Natalie Wood, Courtroom Deputy, seven days before the trial date.

CRITICAL

Deadline

5 business days

Motions in limine must be filed as a joint brief at least 5 business days before the pretrial conference.

Any motions in limine must be presented in a joint brief filed at least five (5) business days before the pretrial conference.

CRITICAL

Deadline

2 business days

Oppositions to motions for extension of time must be filed within 2 business days of the motion's filing.

Any opposition must be filed within two (2) business days of the motion.

CRITICAL

Discovery disputes must be raised timely to avoid waiver of the right to seek court resolution.

Discovery disputes shall be raised in a timely manner to allow discovery to be completed before the discovery deadline. Failure to do so may waive a Party’s right to bring the dispute before the Court.

CRITICALCivil cases

Motions for relief from a deadline and motions for protective order are noted at least 14 days after filing, with opposition due within 9 days and reply due within 14 days; the noting-date rule does not apply when a party is under confinement.

Motions are to be noted no earlier than 14 days after filing. Any opposition papers shall be filed and received by the moving party no later than 9 days after the filing date of the motion. Any reply papers shall be filed and received by the opposing party no later than 14 days after the filing of the motion. (This noting date does not apply where a party is under confinement.) • Motions for relief from a deadline • Motions for protective order

CRITICALCivil cases

For the specified 28-day motions, opposition papers are due within 21 days after filing and reply papers within 28 days.

Motions are to be noted 28 days after filing. Any opposition papers shall be filed and received by the moving party no later than 21 days after the filing date of the motion. Any reply papers shall be filed and received by the opposing party no later than 28 days after the filing of the motion.

CRITICALCivil cases

Motions in limine must be noted for consideration no later than 12 days before any scheduled Pretrial Conference.

Note for consideration no later than 12 days prior to any scheduled Pretrial Conference

CRITICALCivil cases

The listed motions must be noted for consideration on the day they are filed.

Note the following motions for consideration for the day they are filed: • Stipulated, joint or agreed • Request for over-length motions or briefs • Reconsideration • Joint submissions • Appointment of a mediator • Default and Default Judgment • Ex Parte • Recusal • Temporary restraining order (“TRO”)

CRITICALCivil cases

The listed dispositive, preliminary-injunction, expert-exclusion, class-certification, and forum-change motions are noted 28 days after filing, with opposition due within 21 days and reply due within 28 days.

Motions are to be noted 28 days after filing. Any opposition papers shall be filed and received by the moving party no later than 21 days after the filing date of the motion. Any reply papers shall be filed and received by the opposing party no later than 28 days after the filing of the motion. • Dispositive motions (dismiss and summary judgment) • Preliminary Injunctions • Exclusion of expert testimony for failure to satisfy Fed. R. Evid. 702/Daubert • Class certification • Changing the forum (remand, transfer, or compel arbitration)

CRITICALCivil cases

For the specified 14-day motions, opposition papers are due within 9 days after filing and reply papers within 14 days.

Motions are to be noted no earlier than 14 days after filing. Any opposition papers shall be filed and received by the moving party no later than 9 days after the filing date of the motion. Any reply papers shall be filed and received by the opposing party no later than 14 days after the filing of the motion.

CRITICALCivil cases

Motions must be noted on a weekday that is not a legal holiday.

All motions shall be noted on a weekday, excluding legal holidays.

CRITICALCivil cases

All motions other than the specified same-day, 14-day, and 28-day motions must be noted at least 21 days after filing, with opposition due within 15 days and reply due within 21 days.

With the exception of the motions specifically set forth herein (same-day, 14- day, and 28-day motions), all other motions are to be noted no earlier than 21 days after filing. Any opposition papers shall be filed and received by the moving party no later than 15 days after the filing date of the motion. Any reply papers shall be filed and received by the opposing party no later than 21 days after the filing of the motion.

CRITICALCriminal cases

Supplemental, non-agreed proposed jury instructions, jury questionnaire, and verdict form must be filed no later than 10 days before trial.

Supplemental, non-agreed proposed jury instructions, _____________ jury questionnaire, and verdict form No later than 10 days before trial. CrR 30(a)

CRITICALCriminal cases

Sentencing memorandum must be filed at least 7 days before sentencing.

Counsel for the United States or for a defendant shall serve copies of any sentencing memorandum or related documents upon the opposing party and upon the U.S. Probation Office and file such materials at least seven days prior to sentencing.

CRITICALCriminal cases

Motion must be noted for hearing 40 days after filing.

The movant shall note the motion for 40 days after the motion is filed.

CRITICALCivil cases

Deadline

30 calendar days

Unless trial de novo was waived in the arbitration agreement, a party may serve and file a written demand for trial de novo within 30 days after the award is filed.

Unless the agreement to arbitrate waived trial de novo, any party may, within 30 days of the filing of the award, serve and file a written demand for trial de novo.

CRITICALCivil cases

Deadline

7 calendar days

If the opposing party no longer objects to the requested relief, it must state that and respond as requested within seven days after receiving the draft submission.

If the opposing party no longer objects to the relief requested, it shall so state and respond as requested within seven days from the date the party received the draft LCR 37 submission.

CRITICALCivil cases

In actions reviewing an administrative agency decision, the agency record must be filed within thirty days after the complaint or petition if the agency is the plaintiff or petitioner, or with the answer or return if it is the defendant or respondent, unless the court grants an extension for good cause.

Unless an extension of time is obtained from the court on a showing of good cause, in any action seeking review of a final decision of an administrative agency, the record of the agency proceeding shall be filed (1) within thirty days of the filing of the complaint or petition when the administrative agency is the plaintiff or petitioner; or (2) with the answer or return when the administrative agency is the defendant or respondent.

CRITICALCriminal cases

Defense expert disclosures must be filed no later than 14 days before trial.

Expert disclosures for defense case in chief _____________ No later than 14 days before trial. CrR 16(d)(2)(ii)

CRITICALCivil cases

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:

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:

CRITICALCriminal cases

Court-ordered specific calendar dates are not extended if they fall on a weekend or holiday.

If an order of the court sets a specific calendar date by which a party must act, the date is not extended even if it falls on a Saturday, Sunday, or legal holiday unless otherwise ordered by the court.

CRITICALCriminal cases

Applies to

Witness list

Defense must provide witness list to court and government 10 days before trial.

the defense must provide its list of proposed case-in-chief witnesses to the court and the government no later than 10 days prior to trial

CRITICALCriminal cases

Applies to

Exhibit list

Government must file exhibit list 14 days before trial.

The government shall file its list of case-in-chief exhibits 14 days in advance of the trial date.

CRITICAL

In cases filed by pro se petitioners, the traverse filing window is extended to 14 days to account for mail delays.

The standard scheduling order for cases filed by pro se petitioners will allow 14 days for the filing of a traverse to account for mail delays.

CRITICALCriminal cases

Objections to magistrate judge report must be filed within 14 days of service.

Within fourteen days after such service, any party may file and serve written objections thereto

CRITICALCriminal cases

Government's trial brief must be filed no later than 14 days before trial.

Government’s trial brief filing date _____________ No later than 14 days before trial. CrR 23.1(a)(5)

CRITICALCriminal cases

Sentencing memorandum must be filed 7 days before sentencing.

Sentencing Memorandum 7 days before sentencing

CRITICALCriminal cases

Applies to

Opposition

Responses to motions in limine must be filed at least 5 days before trial.

Responses to motions in limine shall be filed at least five days before trial.

CRITICAL

Petitioner's traverse must be filed no later than 5 days from the due date for the respondent's return.

Any traverse by Petitioner(s) shall be filed no later than [5 days from due date for return].

CRITICALCriminal cases

Opening brief due 28 days after Notice of Appeal.

Appellant shall file and serve an opening brief within twenty-eight days after filing the Notice of Appeal.

CRITICALCivil cases

The initial individualized trial conference must occur within thirty days after filing the agreement, unless the court orders otherwise.

The conference shall occur no later than thirty (30) days after the filing of the agreement unless otherwise ordered by the court.

CRITICALCivil cases

Deadline

21 calendar days

A party seeking costs must file and serve a motion for costs within twenty-one days after entry of judgment.

The party in whose favor a judgment is rendered, and who seeks to recover costs, shall, within twenty-one days after the entry of judgment, file and serve a motion for costs and necessary disbursements, also known as a bill of costs.

CRITICALCivil cases

Deadline

10 court days

A party may file and serve a notice of intention to move for a new trial within ten court days after notice of entry of the 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 on any of the grounds specified in subsection (n)(3) of this rule.

CRITICALCriminal cases

Responses to motions in limine must be filed no later than 5 days before trial.

Responses to motions in limine _____________ No later than 5 days before trial. CrR 23.1(a)(6)

CRITICALCriminal cases

Expert disclosures - Per case scheduling order, or, 30 days before trial for the government, 14 days before trial for the defense, 7 days before trial for the government rebuttal

Expert disclosures - Per case scheduling order, or, 30 days before trial for the government, 14 days before trial for the defense, 7 days before trial for the government rebuttal

CRITICALCriminal cases

Trial brief must be filed per scheduling order, or 14 days before trial for government and 10 days before trial for defense.

Trial Brief Per case scheduling order, or 14 days before trial for the government and 10 days before trial for the defense

CRITICALCriminal cases

Government must file §5K1.1 motion and supporting written statement at least 14 days before sentencing.

If the government intends to file a § 5K1.1 motion for substantial assistance, the motion must be served on all counsel and filed under seal at least fourteen days prior to sentencing. In such event, the government must also serve and file under seal a written statement of the nature and extent of the defendant's cooperation.

CRITICALCivil cases

Unless the court orders otherwise, an order transferring or remanding a case takes effect 14 days after filing.

Unless otherwise ordered by the court, an order transferring a case to another district or remanding a case shall become effective 14 days after the date the order is filed.

CRITICALCriminal cases

Presentence reports must be furnished by Probation 35 days before sentencing; objections due within 14 days of receipt; final report to counsel 14 days before sentencing; submitted to court 7 days before sentencing.

Presentence Reports Furnished by Probation 35 days before sentencing; objections within 14 days of receipt (submit to Probation); final presentence report to counsel 14 days before sentencing; submitted to court 7 days before sentencing

CRITICALCriminal cases

Motions in limine must be filed per scheduling order, or 10 days before trial.

Motions in Limine Per case scheduling order, or 10 days before trial

CRITICALCriminal cases

Witness lists must be exchanged per scheduling order, or 14 days before trial for government and 10 days before trial for defense.

Witness Lists Exchanged Per case scheduling order, or 14 days before trial for the government and 10 days before trial for the defense

CRITICALCriminal cases

Sentencing § 5K1.1 motions must be filed 14 days before sentencing.

Sentencing § 5K1.1 Motions 14 days before sentencing

CRITICAL

The return must be noted on the Court's motion docket for the traverse due date, which is 5 days after the return's due date.

The return shall be noted on the Court’s motion docket for the due date of the Petitioner’s traverse – 5 days after the due date of the respondent’s return.

CRITICALCriminal cases

Applies to

Witness list

Government must provide witness list to court and defense 14 days before trial.

the government must provide a list of proposed case-in-chief witnesses to the court and the defense no later than 14 days prior to trial

CRITICALCriminal cases

Trial exhibits lists must be filed no later than 14 days before trial.

Trial exhibits lists _____________ No later than 14 days before trial. CrR 23.1(a)(3)

CRITICALCriminal cases

Defense witness list must be disclosed no later than 10 days before trial.

Disclosure of witness list for the defense case-in-chief _____________ No later than 10 days before trial. CrR 23.1(a)(4)