Western District of Washington Pre-Motion Conference Requirements

CRITICALCivil cases

Court must set status conference after record filing to determine schedule

(3) As soon as practicable after the filing of the record, the court shall set a status conference to determine a schedule for further proceedings.

CRITICALCivil cases

Opposition briefs must be filed and served within time prescribed in LCR 7(d).

Each party opposing the motion shall, within the time prescribed in LCR 7(d), file with the clerk, and serve on each party that has appeared in the action, a brief in opposition to the motion, together with any supporting material of the type described in subsection (1).

CRITICALCivil cases

Opposition papers for 21-day motions must be filed within 15 days.

Any opposition papers shall be filed and received by the moving party no later than 15 days after the filing date of the motion.

CRITICALCivil cases

Objections to magistrate judge orders must be noted for consideration on filing day; responses only if court requests.

Any objection filed pursuant to this subsection must be noted for consideration for the day it is filed. No response shall be filed unless requested by the court. The request will set a date when the response is due, and may limit briefing to particular issues or points raised by the objections, may authorize a reply, and may prescribe word or, if written by hand or typewriter, page limitations.

CRITICALCivil cases

Motion to compel discovery must include certification of good faith meet-and-confer attempt with date, manner, and participants.

(1) Meet and Confer Requirement. Any motion for an order compelling disclosure or discovery must include a certification, in the motion or in a declaration or affidavit, that the movant has in good faith conferred or attempted to confer with the person or party failing to make disclosure or discovery in an effort to resolve the dispute without court action. The certification must list the date, manner, and participants to the conference. If the movant fails to include such a certification, the court may deny the motion without addressing the merits of the dispute. A good faith effort to confer with a party or person not making a disclosure or discovery requires a face-to-face meeting or a telephone conference.

CRITICALCivil cases

Unless otherwise ordered by the court, all motions will be decided by the court without oral argument. Counsel shall not appear on the date the motion is noted unless directed by the court. A party desiring oral argument shall so indicate by including the words “ORAL ARGUMENT REQUESTED” in the caption of its motion or responsive memorandum.

Unless otherwise ordered by the court, all motions will be decided by the court without oral argument. Counsel shall not appear on the date the motion is noted unless directed by the court. A party desiring oral argument shall so indicate by including the words “ORAL ARGUMENT REQUESTED” in the caption of its motion or responsive memorandum.

CRITICALCivil cases

Protective order motions require certification of good faith meet and confer conference.

(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. If the movant fails to include such a certification, the court may deny the motion without addressing the merits of the dispute. A good faith effort to confer requires a face-to-face meeting or a telephone conference.

CRITICALCivil cases

As soon as practicable after a case is filed, but no later than either the filing of the proof of service on any defendant or the appearance of any defendant, the court shall order a scheduling conference, or order the submission of a joint status report, or both, unless the judge finds good cause for delay.

As soon as practicable after a case is filed, but no later than either the filing of the proof of service on any defendant or the appearance of any defendant, the court shall order a scheduling conference, or order the submission of a joint status report, or both, unless the judge finds good cause for delay.

CRITICALCivil cases

Parties must meet and confer before filing motion to consolidate; if agreement reached, must file stipulation addressing consolidation and scheduling issues.

(b) Meet and Confer Requirement Prior to filing a motion to consolidate, the parties must meet and confer and attempt to reach agreement regarding whether the cases should be consolidated and whether consolidation should extend through trial. If they agree, the parties must file a stipulation to consolidate in all of the cases to be consolidated. The stipulation should also address, to the extent possible, any scheduling issues implicated by consolidation such as which case schedule should govern in the consolidated action.

CRITICALCivil cases

Mandatory meet and confer conference before initial status conference or joint status report.

(1) Prior to the initial status conference with the court, if any, or prior to submitting their joint status report, counsel and any pro se parties shall meet and discuss, and address in their joint status report if the court orders one, the topics set forth in Fed. R. Civ. P. 26(f) and the following issues: (A) possibilities for promptly settling or otherwise resolving the case; (B) whether the parties plan to engage in some form of alternative dispute resolution (“ADR”), such as mediation or the individualized trial program set forth in LCR 39.2, when they plan to engage in ADR, or why the parties do not plan to engage in ADR; (C) the existence of any related cases pending before this court or in another jurisdiction as set forth in LCR 3(g) and (h) and a proposal for how to handle the related cases; (D) a statement of how discovery will be managed to promote the expeditious and inexpensive resolution of the case, including but not limited to: (i) forgoing or limiting depositions or exchanging documents informally; (ii) agreeing to share discovery from third parties and the cost of obtaining that discovery; (iii) scheduling discovery or case management conferences with the judge assigned to the case as necessary; (iv) presenting discovery disputes to the court by informal means; (v) requesting the assistance of a magistrate judge for settlement conferences; (vi) requesting to use an abbreviated pretrial order;

CRITICALCivil cases

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

Any reply papers shall be filed and received by the opposing party no later than 28 days after the filing date of the motion.

CRITICALCivil cases

Conference of attorneys required 10 days before filing proposed pretrial order.

Not later than ten days prior to the filing of the proposed pretrial order, there shall be a conference of attorneys for the purpose of accomplishing the requirements of this rule.

CRITICALCivil cases

Prisoner cases follow 7-day, 21-day, or 28-day briefing schedules, not 14-day.

Except for petitions for habeas corpus and motions filed pursuant to 28 U.S.C. § 2255, all motions filed in a case in which a party is under civil or criminal confinement shall be subject to the briefing schedule under Rule 7(d)(1), 7(d)(3), or 7(d)(4), not 7(d)(2).

CRITICALCivil cases

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

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

CRITICALCivil cases

21-Day Motions. With the exception of the motions specifically listed in LCR 7(d)(1), 7(d)(2), and 7(d)(4), all other motions shall be noted for consideration no earlier than 21 days from the date of filing.

21-Day Motions. With the exception of the motions specifically listed in LCR 7(d)(1), 7(d)(2), and 7(d)(4), all other motions shall be noted for consideration no earlier than 21 days from the date of filing.

CRITICALCivil cases

Counsel with principal responsibility and all pro se parties must attend scheduling conference.

Counsel with principal responsibility for a case and all pro se parties shall attend the scheduling conference.

CRITICALCivil cases

Motions to shorten time are not permitted.

Motions to shorten time have been abolished.

CRITICALCivil cases

Motions must be noted for consideration on weekdays, excluding legal holidays.

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

Opposition papers for 14-day motions must be filed within 9 days.

Any opposition papers shall be filed and received by the moving party no later than 9 days after the filing date of the motion.

CRITICALCivil cases

No motion for judgment by default should be filed against any party unless the court has previously granted a motion for default against that party pursuant to LCR 55(a) or unless default otherwise has been entered.

No motion for judgment by default should be filed against any party unless the court has previously granted a motion for default against that party pursuant to LCR 55(a) or unless default otherwise has been entered.

CRITICALCivil cases

Pretrial motions (except dispositive) must follow LCR 37 individualized procedure.

Except for dispositive motions, all pretrial motions must use the individualized procedure set forth in LCR 37.

CRITICAL

Discovery planning conference required before seeking discovery under FRCP 26(f)(d).

As a general rule, a party may not seek discovery from any source before the parties have held a planning conference as required by FRCP 26(f), FRCP 26(d).

CRITICALCivil cases

Plaintiff must request individualized trial conference within 30 days of filing agreement

Immediately upon the filing of the agreement, plaintiff shall contact the courtroom deputy for the assigned judge and request an initial individualized trial conference. The conference shall occur no later than thirty (30) days after the filing of the agreement unless otherwise ordered by the court.

CRITICALCivil cases

Parties must note all motions, except those specifically listed in LCR 7(d)(1), 7(d)(2), 7(d)(4), 7(d)(5), and 7(o), including motions to exclude expert testimony for failure to satisfy Fed. R. Evid. 702/Daubert, for consideration no earlier than 21 days from filing.

All motions, except those specifically listed in LCR 7(d)(1), 7(d)(2), 7(d)(4), 7(d)(5), and 7(o), including motions to exclude expert testimony for failure to satisfy Fed. R. Evid. 702/Daubert, shall be noted for consideration no earlier than 21 days from the date of filing.

CRITICALCivil cases

An over-length motion must be filed as soon as possible and at least 3 days before the underlying filing is due, and noted for consideration on its filing day under LCR 7(d)(1).

The motion shall be filed as soon as possible but no later than three days before the underlying motion or brief is due, and shall be noted for consideration for the day on which it is filed, pursuant to LCR 7(d)(1).

CRITICALCivil cases

A cross motion must be noted under the local rules, and the court typically considers it with the underlying motion even if they are noted for different days.

A party filing a cross motion must note it in accordance with the local rules. Even if the motion and cross motion are noted for different days, the court will typically consider them together.

CRITICALCivil cases

Motions for relief from a deadline and motions for protective orders must be noted at least 14 days after filing.

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

The motions-in-limine procedure does not apply to Daubert motions to exclude expert testimony, which must be filed by the dispositive motion deadline.

This subsection shall not apply to Daubert motions to exclude expert testimony. Such motions shall be filed by the dispositive motion deadline.

CRITICALCriminal cases

Motion procedure: file motion with proposed order, note motion for 12 days, opposition due 7 days after filing, reply due 5 days after opposition. Argument must be in motion itself.

The moving party shall file and serve on each party that has appeared in the action the motion and a proposed order. 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. The moving party shall also note the motion for twelve days after the day on which it is filed. Obligations of Opponent. Each party opposing the motion shall file with the clerk and serve on each party that has appeared in the action a brief in opposition to the motion, together with any supporting material as provided in section (a) hereof. The deadline for filing the opposition is seven days after the motion is filed. Reply Brief. The moving party may, but is not required to, file and serve on each party that has appeared in the action a reply brief in support of the motion, together with any supporting material. The deadline for filing the reply is five days after the opposition.

CRITICALCivil cases

A pending, undecided state-court motion after removal will not be considered until the moving party files and notes it on the court’s calendar under LCR 7(d).

If a motion is pending and undecided in the state court at the time of removal, it will not be considered unless and until the moving party files and notes the motion on this court’s calendar in accordance with LCR 7(d).

CRITICALCivil cases

Before filing a motion to consolidate, parties must meet and confer and attempt to agree on consolidation and whether it should extend through trial.

Prior to filing a motion to consolidate, the parties must meet and confer and attempt to reach agreement regarding whether the cases should be consolidated and whether consolidation should extend through trial.

CRITICALCivil cases

Reply papers for a 21-day motion must be filed and received by the opposing party within 21 days after the motion is filed.

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

CRITICALCivil cases

A good-faith meet-and-confer requires a face-to-face meeting or telephone conference.

A good faith effort to confer requires a face-to-face meeting or a telephone conference.

CRITICALCivil cases

Any response must be filed and received by the moving party no later than 6 days before the pretrial conference.

Any response shall be filed and received by the moving party no later than 6 days prior to the pretrial conference.

CRITICALCivil cases

The listed stipulated, joint, unopposed, specified, ex parte, default, recusal, and TRO matters must be noted for the filing day.

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

A telephonic-motion request will be considered only if all counsel join the request call or requesting counsel represents that reasonable efforts to include them were unsuccessful.

No request for a telephonic motion shall be considered unless all counsel participate in the call making the request, or unless it is represented by counsel making the call that reasonable efforts have been made to include all counsel in the call, and that such efforts were unavailing.

CRITICALCivil cases

A good-faith effort to confer about a disclosure or discovery dispute requires a face-to-face meeting or telephone conference.

A good faith effort to confer with a party or person not making a disclosure or discovery requires a face-to-face meeting or a telephone conference.

CRITICALCivil cases

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

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

CRITICALCivil cases

A response to a 21-day motion must be filed and received by the movant within 15 days after the motion is filed.

Any response shall be filed and received by the moving party no later than 15 days after the filing date of the motion.

CRITICALCivil cases

A later noting date that would push a deadline beyond the scheduling order or another court deadline requires a court order.

If the later noting date would extend a deadline beyond what is described in the case scheduling order or other court deadline, it requires an order of the court.

CRITICALCivil cases

Reply papers for a 14-day motion must be filed and received by the opposing party within 14 days after the motion is filed.

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

CRITICAL

A party seeking an expedited or enlarged briefing schedule must promptly meet and confer with the opposing party and then file a joint expedited motion, noted for the same day it is filed, containing an agreed or competing briefing schedule proposal.

If either party seeks an expedited or enlarged briefing schedule, counsel for that party (or the party themselves, if unrepresented) shall contact the opposing counsel (or party) promptly to meet and confer. The parties shall then file a joint expedited motion, noted for the same day it is filed, that contains either an agreed briefing schedule or the parties’ competing proposals for a briefing schedule.

CRITICALCivil cases

No reply is permitted in the temporary restraining order motion procedure.

The response may not exceed 8,400 words or, if written by hand or typewriter, twenty-four pages in length, and no reply will be permitted.

CRITICALCivil cases

No response to a reconsideration motion may be filed, and the motion will not be granted, unless the court requests a response.

No response to a motion for reconsideration shall be filed unless requested by the court. No motion for reconsideration will be granted without such a request.

CRITICALCivil cases

A response to a 14-day motion must be filed and received by the movant within 9 days after the motion is filed.

Any response shall be filed and received by the moving party no later than 9 days after the filing date of the motion.

CRITICALCivil cases

Parties must meet and confer before filing a Rule 12(b) motion to dismiss, and the motion must include a certification of conferral.

A motion pursuant to Fed. R. Civ. P. 12(b) is discouraged if the defect can be cured by filing an amended pleading. Therefore, the parties must meet and confer prior to filing a motion to dismiss pursuant to Fed. R. Civ. P. 12(b) to determine whether it can be avoided, and such motions must contain a certification of conferral as set forth above in Section II(C).

CRITICALCivil cases

Sur-replies require leave of court.

Leave of the Court must be obtained to file a sur−reply.

CRITICALCivil cases

Parties must meaningfully confer under Rule 37(a)(1) and arrange a court conference before filing any opposed discovery motion.

No opposed discovery motions are to be filed with the Court until the parties meaningfully comply with Fed. R. Civ. P. 37(a)(1). If the parties are unable to reach an agreement on a discovery issue after conferring, they shall arrange a telephone or video conference with the Court regarding the issue. Both of these steps must be completed before any opposed discovery motions are filed. Noncompliant motions may be summarily denied or stricken.

CRITICALCivil cases

Before filing a motion to seal, the filing party must make a good-faith effort to meet and confer with the party that produced the confidential document.

In order to avoid unnecessary motions to seal, Judge Robart requires that the party filing the motion make a good faith effort to meet and confer with the party that produced the confidential document before filing a motion to seal.

CRITICAL

Judge Robart follows Local Rules W.D. Wash. LCR 7 in scheduling matters for consideration by the court. Counsel and pro se parties should follow the scheduling guidelines specified in Local Rule 7(d). The court may re-note or strike motions that have been improperly noted for consideration, or take other appropriate action.

Judge Robart follows Local Rules W.D. Wash. LCR 7 in scheduling matters for consideration by the court. Counsel and pro se parties should follow the scheduling guidelines specified in Local Rule 7(d). The court may re-note or strike motions that have been improperly noted for consideration, or take other appropriate action.