Western District of Washington Pre-Motion Conference Requirements

CRITICAL

Withdrawal without replacement requires a court order, obtained either by stipulation or by motion with hearing.

An attorney who wishes to withdraw from representing a client without replacement must obtain an order of the court. Such an order may be sought by: (1) filing an ex parte stipulation and order signed by the attorney and the client authorizing the attorney to withdraw; or (2) filing a motion to withdraw and noting it for hearing pursuant to Local Bankruptcy Rule 9013-1(d)(2)(F).

CRITICALCivil cases

Discovery motions prohibited until status conference on discovery dispute.

the parties are prohibited from filing a discovery related motion until after the court has conducted a status conference to discuss the discovery dispute.

CRITICAL

The Court will deny or strike a discovery motion if the parties fail to meet and confer in good faith.

The Court will deny or strike a discovery motion for failure to meet and confer in good faith.

CRITICAL

Before filing a discovery motion, parties must meet and confer in good faith and exhaust reasonable alternatives, including affirmative suggestions and compromise aimed at resolving the dispute without court involvement.

Before filing a discovery motion, parties must meet and confer and exhaust all reasonable alternatives to a formal motion. Good faith conferral demands not just an expression of either side’s position, but affirmative suggestions and compromise aimed at achieving the sought-after relief without court involvement.

CRITICAL

Parties must confer before filing a Rule 12(b) motion to dismiss to determine whether it can be avoided.

confer before filing any Rule 12(b) motion to dismiss to determine whether it can be avoided.

CRITICAL

Before the first brief on cross-motions, the parties must submit a stipulated motion proposing the briefing schedule and word limits.

The parties must submit a stipulated motion proposing a briefing schedule and word-limits on cross motions in advance of the first brief.

CRITICAL

Parties anticipating cross-motions for summary judgment must file four briefs sequentially, not six briefs in three pairs.

If the parties anticipate cross-motions for summary judgment, they must file four briefs sequentially, rather than three pairs of briefing (i.e., six briefs).

CRITICALCivil cases

Joint statement (max 3 pages) required before discovery conference.

The moving party must submit a joint statement to the Court briefly identifying the issue(s) in dispute. The joint statement shall be no more than three pages and shall be filed via CM/ECF.

CRITICALCivil cases

Discovery disputes require conference before filing motions.

As required by LCR 37(a), all discovery matters are to be resolved by agreement if possible. If agreement is not possible, prior to the filing of any discovery motions, the Court directs the parties to request a conference with the Court.

CRITICALCivil cases

Before filing discovery motions, parties must request conference and submit joint statement max 3 pages via CM/ECF.

If agreement is not possible, prior to the filing of any discovery motions, the Court directs the parties to request a conference with the Court. See FRCP 16(b)(3). The moving party must submit a joint statement to the Court briefly identifying the issue(s) in dispute. The joint statement shall be no more than three pages and shall be filed via CM/ECF.

CRITICALCivil cases

Pre-motion conference with the Court is required for all discovery motions if parties cannot reach agreement.

If agreement is not possible, prior to the filing of any discovery motions, the Court directs the parties to request a conference with the Court.

CRITICALCivil cases

Noting dates. 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.

Noting dates. 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.

CRITICALCivil cases

Meet and confer required before filing dispositive motions with certification.

Counsel must make a meaningful effort to confer prior to filing a dispositive motion. Such motions must contain a certification of conferral that is clearly visible within either the first substantive paragraph or the final paragraph of the motion. Counsel should provide for at least three business days between attempts to confer and a motion's filing and must explain their specific efforts to comply if contact was not successfully made.

CRITICALCivil cases

I. Motions in Limine

I. Motions in Limine

CRITICALCivil cases

Meet and confer required before filing dispositive motions.

G. Meet and Confer Required Before Filing Dispositive Motions

CRITICALCriminal cases

Motions in limine must be filed by the pretrial motions deadline.

All motions in limine must be filed by the deadline set for pretrial motions.

CRITICALCivil cases

Meet and confer required before filing motions in limine.

Conferral required. Before filing motions in limine, a party must make a good faith effort to meet and confer with the opposing party, and must comply with all other requirements of LCR 7(d)(5). Parties are discouraged from filing motions in limine that do not identify specific evidence or exhibits to be excluded, which request relief at a high level of generality, or which merely ask the Court to apply the Federal Rules of Evidence.

CRITICALCriminal cases

All motions must be filed before the pretrial motions deadline.

All motions, including motions to continue the trial date, shall be made prior to the pretrial motions deadline.

CRITICALCivil cases

Meet and confer required before filing discovery motions.

Before filing a motion to compel or a motion for a protective order, a party must make a good faith effort to meet and confer with the opposing party. Parties are encouraged to submit discovery disputes jointly through the procedure set forth in LCR 37(a)(2).

CRITICALCriminal cases

In multi-defendant cases, counsel must consult before filing any motion.

In multi-defendant cases, prior to filing any motion, counsel are directed to consult with all other counsel, including counsel for all codefendants, to determine whether the motion can either be stipulated or brought jointly.

CRITICAL

Before filing a motion to compel or protective order, parties must meet and confer in good faith; joint submission via LCR 37(a)(2) is encouraged.

Before filing a motion to compel or a motion for a protective order, a party must make a good faith effort to meet and confer with the opposing party. Parties are encouraged to submit discovery disputes jointly through the procedure set forth in LCR 37(a)(2).

CRITICAL

Before filing a dispositive motion, counsel must confer meaningfully, include a visible certification of conferral, allow at least three business days between conferral attempts and filing, and explain efforts if contact fails.

Counsel must make a meaningful effort to confer prior to filing a dispositive motion. Such motions must contain a certification of conferral that is clearly visible within either the first substantive paragraph or the final paragraph of the motion. Counsel should provide for at least three business days between attempts to confer and a motion's filing and must explain their specific efforts to comply if contact was not successfully made.

CRITICAL

Opposition to extension motions due within 2 business days.

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

CRITICAL

Meaningful conferral required before filing dispositive motions with 3 business day buffer.

Parties must make a meaningful effort to confer prior to filing a dispositive motion. Such motions must contain a certification of conferral. See Section II.D. Parties should provide for at least three (3) business days between the final attempt to confer and a motion’s filing and must explain their specific efforts to comply in the certification if contact was not successfully made.

CRITICAL

Proposed briefing schedule required for cross-motions for summary judgment.

Parties must submit for approval a proposed briefing schedule if they plan on filing cross- motions for summary judgment. As noted in LCR 7(k), the Court may order Parties filing cross- motions for summary judgment to combine their memoranda and forgo reply briefs in exchange for an enlarged response brief.

CRITICAL

Should the case be referred to a Magistrate Judge for discovery-related issues, no opposed discovery motions shall be filed until the Party has contacted the Magistrate Judge to be informed of that judge’s procedures for resolving discovery disputes.

Should the case be referred to a Magistrate Judge for discovery-related issues, no opposed discovery motions shall be filed until the Party has contacted the Magistrate Judge to be informed of that judge’s procedures for resolving discovery disputes.

CRITICAL

Replies to extension motions are not permitted.

No replies are allowed.

CRITICAL

All pretrial motions, except stipulated or unopposed motions to continue the trial date, must be noted on the motion calendar for twelve (12) days after the motion is filed per CrR 12(b)(6).

All pretrial motions, except stipulated or unopposed motions to continue the trial date, must be noted on the motion calendar for twelve (12) days after the motion is filed per CrR 12(b)(6).

CRITICAL

Replies to motions in limine only if requested by Court.

No reply shall be filed unless requested by the Court.

CRITICAL

Additional motions in limine require advance Court approval.

Successive motions in limine shall require advance Court approval.

CRITICAL

Before filing motions in limine, parties must make a good-faith meet and confer with the opposing party and comply with LCR 7(d)(5).

Before filing motions in limine, a Party must make a good-faith effort to meet and confer with the opposing Party and must comply with all other requirements of LCR 7(d)(5).

CRITICAL

Should the case be referred to a Magistrate Judge for discovery-related issues, no opposed discovery motions shall be filed until the Party has contacted the Magistrate Judge and has been informed of that judge’s procedures for resolving discovery disputes.

Should the case be referred to a Magistrate Judge for discovery-related issues, no opposed discovery motions shall be filed until the Party has contacted the Magistrate Judge and has been informed of that judge’s procedures for resolving discovery disputes.

CRITICAL

Parties must meet and confer in good faith before filing a motion to compel.

Before filing a motion to compel, the moving Party must make a good faith effort to meet and confer with the opposing Party.

CRITICALCivil cases

Dispositive and expert testimony challenges must be filed 4 months before trial with hearing set within 4 weeks.

All dispositive motions and motions challenging expert witness testimony must be filed by this date (see LCR 7(d)). Such motions must be noted for consideration no later than the fourth Friday thereafter (see LCR 7(d)).

CRITICALCivil cases

Stipulated motions with non-compliant schedules will be denied.

Stipulated motions proposing a schedule that does not comply with this requirement will be denied.

CRITICALCivil cases

Motions in limine must be filed 37 days before trial.

All motions in limine must be filed by TR – 37 days

CRITICALCivil cases

Discovery-related motions must be filed 6 months before trial.

All motions related to discovery must be filed by TR – 6 mos

CRITICALCivil cases

Discovery disputes require conference and 3-page joint statement before filing motions.

As required by LCR 37(a), all discovery matters are to be resolved by agreement if possible. If agreement is not possible, before filing any discovery motions, Judge Cartwright requires the parties to request a conference with the Court. See FRCP 16(b)(3)(B)(v). The moving party must submit a joint statement to the Court briefly identifying the issue(s) in dispute. The joint statement shall be no more than three pages and shall be filed via CM/ECF.

CRITICAL

Good faith conference required to resolve discovery disputes before filing motion.

All parties are required to make a good faith effort to confer in person or by phone to resolve a discovery dispute under Local Rule CR 37(a)(1)(A).

CRITICALCivil cases

Before filing a discovery motion, the moving party must make reasonable efforts to have all parties participate in contacting the Court to request a telephonic motion.

The moving party must make reasonable efforts to have all parties to the discovery dispute participate in contacting the Court to request a telephonic motion. See Local Civil Rule 7(i).

CRITICALCivil cases

Opposition papers for 28-day motions must be filed within 21 days.

Any opposition papers shall be filed and received by the moving party no later than 21 days after the filing date of the motion.

CRITICALCivil cases

Same-day motions include stipulated, joint, unopposed motions, and specific motion types.

Same Day Motions. Stipulated, joint or unopposed motions (see for example LCR 10(g)), motions to file over-length motions or briefs (see LCR 7(f)), motions for reconsideration (see LCR 7(h)), joint submissions pursuant to the optional procedure established in LCR 37(a)(2), motions to appoint a mediator (LCR 39.1(c)(3)), motions for default (see LCR 55(a)), requests for the clerk to enter default judgment (see LCR 55(b)(1)), ex parte motions, motions for the court to enter default judgment where the opposing party has not appeared (see LCR 55(b)(2)), motions to recuse (see LCR3(f)), and motions for a temporary restraining order ("TRO") (see LCR 65) shall be noted for consideration for the day they are filed.

CRITICALCivil cases

Reply papers for 14-day motions must be filed within 14 days.

Any reply papers shall be filed and received by the opposing party no later than 14 days after the filing date of the motion.

CRITICALCivil cases

Motions for relief from deadline and protective orders require 14-day notice.

14-Day Motions. Motions for relief from a deadline, and motions for protective order, shall be noted for consideration no earlier than 14 days after filing.

CRITICALCivil cases

Major dispositive motions require 28-day notice.

28-Day Motions. Motions to dismiss, motions for summary judgment, motions seeking a preliminary injunction, motions to exclude expert testimony for failure to satisfy Fed. R. Evid. 702/Daubert, motions for class certification, and motions directed toward changing the forum (through remand, transfer, or to compel arbitration) shall be noted for consideration no earlier than 28 days after filing.

CRITICALCivil cases

Deadlines falling on weekends or holidays are extended to the next business day.

If the deadline for a party's response or reply to a motion falls on a date that is a Saturday, Sunday, or legal holiday as defined by Fed. R. Civ. P. 6, the party's response or reply is due on the following day that is not a Saturday, Sunday, or legal holiday.

CRITICALCivil cases

Objections to magistrate judge recommended dispositions must be filed within 14 days and noted on motions calendar.

A party must file and serve any objections to a magistrate judge’s recommended disposition within 14 days after being served unless the court enlarges the time period in a specific case. The party filing the 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. Any response to the objections must be filed by the day before the noting date. No reply will be considered.

CRITICALCivil cases

Mail service requires 3-day earlier deadline for opposition papers.

If any opposition papers required to be served under LCR 7(d) are served via mail, the deadline for filing and serving such opposition papers shall be 3 days earlier than the deadlines provided in LCR 7(d)(2), 7(d)(3), or 7(d)(4). If doing so places the deadline on a Saturday, Sunday, or legal holiday, the opposition brief shall be filed and served on the next earliest date that is not a Saturday, Sunday, or legal holiday.

CRITICALCivil cases

The moving party may, within the time prescribed in LCR 7(d), file with the clerk, and serve on each party that has appeared in the action, a reply brief in support of the motion, together with any supporting material of the type described in subsection (1).

The moving party may, within the time prescribed in LCR 7(d), file with the clerk, and serve on each party that has appeared in the action, a reply brief in support of the motion, together with any supporting material of the type described in subsection (1).

CRITICALCivil cases

Motion for new trial required before appeal; only specific grounds allowed after denial.

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.