Western District of Washington Filing Timing and Cure Windows

CRITICALCivil cases

Deadline

14 calendar days

Unless the court orders otherwise, the party granted leave must file and serve the amended pleading on all parties within 14 days after the order is filed.

If a motion for leave to amend is granted, the party who was given leave to amend must file and serve the amended pleading on all parties within fourteen (14) days of the filing of the order granting leave to amend, unless the court orders otherwise.

CRITICALCriminal cases

Jury instructions must be filed per scheduling order, or 14 days before trial for government, 10 days before trial for defense, and 5 days before trial for government supplemental filings.

Jury Instructions Filed Per case scheduling order, or 14 days before trial for the government, 10 days before trial for the defense, 5 days before trial for government supplemental filings

CRITICALCriminal cases

Sentencing recommendation must be provided to court and counsel at least 7 days before the evidentiary/disposition hearing.

Sentencing Recommendation Submission. The probation or supervised release sentencing recommendation shall be provided to the court and counsel for the parties at least seven days in advance of the evidentiary and/or disposition hearing. This deadline is subject to change at the request of the presiding judge and/or the time frame in which the evidentiary/disposition hearing is scheduled.

CRITICALCivil cases

A motion to compel discovery must be filed and served by the discovery deadline unless a court order directs otherwise.

Any motion to compel discovery shall be filed and served on or before the discovery deadline or as directed by court order.

CRITICALCriminal cases

Applies to

Motion in limine

Motions in limine must be filed at least 10 days before trial.

Unless otherwise ordered by the court, motions in limine shall be filed at least ten days before trial.

CRITICALCivil cases

Joint Claim Construction and Prehearing Statement must be filed within 45 days after service of Preliminary Claim Constructions.

Not later than 45 days after service of the "Preliminary Claim Constructions," the parties shall complete and file a Joint Claim Construction and Prehearing Statement

CRITICALCriminal cases

Response brief due 14 days after opening brief.

Appellee shall file and serve a response brief in response within fourteen days thereafter.

CRITICALCriminal cases

If arraignment is postponed at defendant's request, pretrial motion deadline is three weeks from the new arraignment date.

If arraignment is postponed at the request of the defendant, the deadline for filing and service of pretrial motions shall be three weeks from the new arraignment date, unless the court otherwise orders.

CRITICALCivil cases

A party filing for bankruptcy during a pending action must file a Notice of Bankruptcy Filing within three days.

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.

CRITICALCriminal cases

Acceptance of responsibility statement must be submitted to Probation 21 days before sentencing.

Acceptance of Responsibility Statement 21 days before sentencing (submit to Probation)

CRITICALCriminal cases

Applies to

Trial brief

Defense must file and serve trial brief 10 days before trial.

The defense shall file and serve a trial brief ten days before trial.

CRITICALCriminal cases

Motion Filing Date - Normally set 3 weeks from original arraignment date unless otherwise ordered by court

Motion Filing Date - Normally set 3 weeks from original arraignment date unless otherwise ordered by court

CRITICALCriminal cases

Voir Dire Per case scheduling order, or 10 days before trial

Voir Dire Per case scheduling order, or 10 days before trial

CRITICALCivil cases

Deadline

20 calendar days

Each defense counsel must serve the statement no later than 20 days before the proposed pretrial order is filed.

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:

CRITICALCivil cases

Deadline

30 calendar days

Unless otherwise ordered, the proposed pretrial order must be filed 30 days before the scheduled trial date.

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

Deadline

24 hours

Unless the court orders otherwise, the adverse party must file an opposition-intent notice within 24 hours after service and any response within 48 hours after service.

Unless the court orders otherwise, the adverse party must (1) file a notice indicating whether it plans to oppose the motion within twenty-four hours after service of the motion, and (2) file its response, if any, within forty-eight hours after the motion is served.

CRITICAL

Petitioner's traverse is due 14 days after the due date for the respondent's return, and the return is noted on the motion docket for that traverse due date.

The return shall be noted on the Court’s motion docket for the due date of the Petitioner’s traverse – 14 days after the due date of the respondent’s return.

CRITICAL

Deadline

48 hours

Respondents must give Petitioners and their counsel at least 48 hours' notice (72 hours if the period extends into a weekend, holiday, or court closure) before any transfer out of the district or removal from the United States.

Respondents shall provide Petitioner(s) and Petitioner(s)’ counsel in this habeas action at least 48 hours’ notice (or 72 hours’ notice if the period extends into a weekend, holiday, or date the Court is closed) prior to any action to move or transfer any Petitioner(s) from the Western District of Washington or to remove them from the United States.

CRITICALCriminal cases

Applies to

Exhibit list

Defense must file exhibit list no later than 10 days before trial.

The defense shall file its list of case-in-chief exhibits no later than ten days in advance of trial.

CRITICALCriminal cases

Response to objections to magistrate judge report due within 7 days of objections.

any party desiring to oppose such objections shall have seven days thereafter within which to file and serve a written response.

CRITICALCriminal cases

Applies to

Voir dire questions

Proposed voir dire questions must be served and filed at least 10 days before trial.

Each party shall prepare any suggested questions for the court to propound to the jurors, which shall be served and filed at least ten days before the trial date.

CRITICALCriminal cases

Motions to transfer trial must be filed within the same deadline as pretrial motions under CrR 12.

A motion to transfer a trial under Fed. R. Crim. P. 21 shall be made within the time allowed for filing pretrial motions under CrR 12.

CRITICALCivil cases

Deadline

30 calendar days

The attorney must receive at least 30 days to object and show cause, and the order to show cause must state the deadline.

The attorney will be afforded at least thirty days to present any objections and show cause why discipline should not be imposed, and the order to show cause must include the deadline.

CRITICALCriminal cases

Response to a motion must be filed within 7 days of the motion's filing.

Motion Response Date 7 days after filing of motion

CRITICALCivil cases

If initial disclosures have not been exchanged or are not yet due, the required disclosures must be exchanged within seven days after court approval of the individualized trial agreement.

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.

CRITICALCivil cases

Objections in dispositive matters and prisoner petitions must be noted on the motions calendar for a date at least 14 days after filing.

A party filing objections must note them on the motions calendar pursuant to LCR 7 for a date no earlier than 14 days after the objections are filed.

CRITICAL

A return to the habeas petition is due within 14 days under the standard scheduling order.

the standard order provides that a return to the habeas petition will be due in 14 days

CRITICALCriminal cases

Applies to

Jury instructions

Government must file proposed jury instructions and verdict form 14 days before trial; defense must file alternatives 10 days before trial; government may file supplemental instructions 5 days before trial.

Unless a specific scheduling order has been adopted for the case, the government shall file its proposed jury instructions and verdict form 14 days in advance of the trial date. The defense may file any proposed alternative or supplemental instructions and proposed verdict form no later than ten days in advance of trial. The government may file any supplemental or alternative instructions and an amended proposed verdict form based on the defense filing no later than five days in advance of trial.

CRITICALCriminal cases

Agreed proposed jury instructions, jury questionnaire, and verdict form must be filed no later than 14 days before trial.

Agreed proposed jury instructions, jury _____________ questionnaire, and verdict form No later than 14 days before trial. CrR 30(a)

CRITICALCriminal cases

Government witness list must be disclosed no later than 14 days before trial.

Disclosure of witness list for the government’s case _____________ in chief No later than 14 days before trial. CrR 23.1(a)(4)

CRITICAL

A traverse to the return of the habeas petition may be filed within 5 days of the return.

a traverse may be filed within 5 days of the return

CRITICAL

Petitioner's traverse must be filed no later than 14 days from the due date for the respondent's return.

Any traverse by Petitioner shall be filed no later than [14 days from due date for return].

CRITICALCivil cases

Unless the court orders otherwise, a motion to exclude expert testimony under Daubert must be filed by the dispositive-motion 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.

CRITICALCriminal cases

Appellant may file and serve a reply brief within seven days thereafter.

Appellant may file and serve a reply brief within seven days thereafter.

CRITICALCivil cases

Deadline

4 calendar days

Within four days after receiving the opposing party’s submission, the moving party must add its reply and file the joint submission or notify the opponent that it will not pursue the requested relief.

Within four days of receipt of the LCR 37 submission from the opposing party, the moving party will either add its reply and file the joint submission with the court, or notify the opposing party that it no longer intends to move for the requested relief.

CRITICALCriminal cases

Reply to an opposition must be filed within 5 days of the opposition's filing.

Motion Reply Date 5 days after filing of opposition

CRITICALCriminal cases

Government expert disclosures must be filed no later than 30 days before trial.

Expert disclosures for government’s case in chief _____________ No later than 30 days before trial. CrR 16(d)(2)(i)

CRITICALCivil cases

If the filing party has not filed the required notice, another party who learns of the bankruptcy filing must file it within five days of learning of it.

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

Deadline

5 calendar days

A surreply requesting that reply material be stricken must be filed within five days of the reply and may address only the request to strike.

(2) The surreply must be filed within five days of the filing of the reply brief, and shall be strictly limited to addressing the request to strike. Extraneous argument or a surreply filed for any other reason will not be considered.

CRITICALCivil cases

A motion for reconsideration must be filed within fourteen days after the related order is filed.

The motion shall be filed within fourteen days after the order to which it relates is filed.

CRITICALCivil cases

Represented parties’ attorneys and unrepresented parties must notify the court of address, telephone, or email changes, with the notice received by the Clerk’s Office within ten days.

Any attorney representing any party or any party not represented by an attorney must file a notice with the court of any change in address, telephone number or email address. Such notice must be received by the Clerk’s Office within ten days of the change.

CRITICALCivil cases

A party must file a Notice of Pendency of Other Action within five days after learning of a qualifying action pending in another federal court.

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(h).

CRITICALCivil cases

Deadline

5 calendar days

Notice of an agreement settling a jury-trial case or waiving a jury must be filed as soon as possible and no later than five days before the scheduled trial date.

Where cases set for trial by jury are settled or agreed to be tried without a jury, notice of such agreement shall be filed in the Clerk’s Office as soon as possible but no later than five (5) days before the day on which the case is set;

CRITICALCriminal cases

Motions in limine must be filed no later than 10 days before trial.

Motions in limine deadline _____________ No later than 10 days before trial. CrR 23.1(a)(6)

CRITICALCriminal cases

Rebuttal expert disclosures must be filed no later than 10 days before trial.

Rebuttal expert disclosures _____________ No later than 10 days before trial. CrR 16(d)(2)(iii)

CRITICALCriminal cases

Transcript must be filed within 21 days after Notice of Appeal.

Counsel for appellant shall arrange to have such transcript filed within twenty-one days after the Notice of Appeal is filed; but upon motion made within such time, the district judge may extend the deadlines for transcript and briefs.

CRITICALCivil cases

Deadline

7 calendar days

A motion to retax must be filed and served within seven days after costs are taxed and must identify the clerk’s challenged rulings.

An appeal may be taken by filing a motion to retax which shall be filed and served within seven days after costs have been taxed and which shall specify the ruling(s) of the clerk to which the party objects.

CRITICALCivil cases

A response to objections must be filed by the noting date.

Any response to the objections must be filed by the noting date.

CRITICALCriminal cases

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

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

CRITICALCriminal cases

Defense trial brief must be filed no later than 10 days before trial.

Defense trial brief filing date _____________ No later than 10 days before trial. CrR 23.1(a)(5)