Western District of Washington Pre-Motion Conference Requirements

CRITICAL

Good faith meet and confer required before filing motions in limine.

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 Local Rule 7(d)(4).

CRITICAL

Good faith meet and confer required before filing motions to compel.

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

CRITICALCivil cases

Filings that do not comply with the meet-and-confer rule will be stricken.

Filings not in compliance with this rule will be stricken.

CRITICALCivil cases

Before filing any motion other than an application for a temporary restraining order, counsel must thoroughly discuss the motion’s substance and potential resolution with opposing counsel, preferably in person.

For all cases, except applications for temporary restraining orders, counsel contemplating the filing of any motion shall first contact opposing counsel to discuss thoroughly, preferably in person, the substance of the contemplated motion and any potential resolution.

CRITICALCivil cases

The meet-and-confer discussion must address the motion’s substantive grounds and attempt to resolve the matter without filing the motion.

The parties must discuss the substantive grounds for the motion and attempt to reach an accord that would eliminate the need for the motion.

CRITICAL

Meet and confer required before filing most motions; declaration of conference required.

For all cases, except applications for temporary restraining orders, counsel contemplating the filing of any motion shall first contact opposing counsel to discuss thoroughly, preferably in person, the substance of the contemplated motion and any potential resolution. The Court construes this requirement strictly. Half-hearted attempts at compliance with this rule will not satisfy counsel’s obligation. The parties must discuss the substantive grounds for the motion and attempt to reach an accord that would eliminate the need for the motion. The Court strongly emphasizes that discussions of the substance of contemplated motions are to take place, if at all possible, in person. All motions must include a declaration by counsel briefly describing the parties’ discussion and attempt to eliminate the need for the motion and the date of such discussion. Filings not in compliance with this rule may be stricken.

WARNING

Parties may request oral argument, but the Court is not expected to grant requests routinely.

Parties may request oral argument, but they should not count on the Court granting the request as a matter of course.

WARNING

A motion to dismiss under Rule 12(b) is discouraged when an amended complaint can simply cure the defect, and the parties must meet before proceeding.

A motion to dismiss under Fed. Civ. R. 12(b) is discouraged if the defect can be cured simply by filing an amended complaint. Thus, the parties must meet and

WARNING

A Daubert motion may not be presented or renewed as a later-filed motion in limine.

Daubert motions may not be presented or renewed as a later-filed motion in limine.

WARNING

Before filing motions in limine, parties must confer in good faith; motions should identify specific evidence and avoid general requests.

Before filing motions in limine, a party must make a good faith effort to meet and confer with the opposing party. Parties are discouraged from filing motions in limine that (1) do not identify specific evidence or exhibits to be excluded, (2) request relief at a high level of generality, or (3) merely ask the Court to apply the Federal Rules of Evidence.

WARNING

To reduce the burden of litigation on pro se litigants, pro se parties are not required to meet and confer. However, if at least one party on each side is represented by an attorney, the meet and confer requirement still applies and pro se parties are encouraged, but not required, to attend.

To reduce the burden of litigation on pro se litigants, pro se parties are not required to meet and confer. However, if at least one party on each side is represented by an attorney, the meet and confer requirement still applies and pro se parties are encouraged, but not required, to attend.

WARNING

Motions to dismiss under Rule 12(b) discouraged if defect can be cured by amendment.

A motion to dismiss pursuant to FRCP 12(b) is discouraged if the defect can be cured by filing an amended pleading. Parties must endeavor not to oppose timely motions to amend.

WARNING

A motion to dismiss pursuant to FRCP 12(b) is discouraged if the defect can be cured by filing an amended pleading. Parties must endeavor not to oppose timely motions to amend.

A motion to dismiss pursuant to FRCP 12(b) is discouraged if the defect can be cured by filing an amended pleading. Parties must endeavor not to oppose timely motions to amend.

WARNING

Parties are discouraged from filing motions in limine that request exclusion without identifying specific evidence or exhibits to be excluded, request relief at a high level of generality, or merely ask the Court to apply the Federal Rules of Evidence in the absence of an unusual issue. Daubert issues may not be presented in motions in limine.

Parties are discouraged from filing motions in limine that request exclusion without identifying specific evidence or exhibits to be excluded, request relief at a high level of generality, or merely ask the Court to apply the Federal Rules of Evidence in the absence of an unusual issue. Daubert issues may not be presented in motions in limine.

WARNINGCivil cases

Parties must be prepared to discuss ADR procedures at scheduling conference.

Counsel and all pro se parties shall be prepared to discuss at the scheduling conference those matters listed in Fed. R. Civ. P. 16(c)(2) and 26(f) and LCR 26(f) and to state whether there is a significant possibility that early and inexpensive resolution of the case would be fostered by any alternative dispute resolution ("ADR") procedure, as described in LCR 39.1 and 39.2.

WARNINGCivil cases

Pending state court motions not considered unless refiled in federal court.

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).

WARNINGCivil cases

Removal timing applies even without specified damages if amount exceeds jurisdiction.

If the complaint filed in state court does not set forth the dollar amount prayed for, a removal petition shall nevertheless be governed by the time limitation of 28 U.S.C. § 1446(b) if a reasonable person, reading the complaint of the plaintiff, would conclude that the plaintiff was seeking damages in an amount greater than the minimum jurisdictional amount of this court.

WARNINGCriminal cases

Before filing a motion for further discovery, the parties must confer to try to resolve the request without court involvement.

If discovery or inspection beyond that provided for above is sought by either counsel, the attorney for the government and the defendant’s attorney shall confer with a view toward satisfying these requests in a cooperative atmosphere without recourse to the court. Only in the event that either party’s request for any discovery or inspection cannot be satisfied without recourse to the court may either party move for additional discovery or inspection.

WARNINGCivil cases

If the movant omits the certification, the court may deny the motion without reaching the merits.

If the movant fails to include such a certification, the court may deny the motion without addressing the merits of the dispute.

WARNINGCivil cases

If the opposing party does not respond, the moving party may file the LCR 37 submission and state that no response was received.

If the opposing party fails to respond, the moving party may file the LCR 37 submission with the court and state that no response was received.

WARNINGCivil cases

When a motion is noted later than the rule’s filing-based schedule, response and reply deadlines extend by the same number of days as the noting-date extension.

If a motion is noted for consideration later than the time contemplated by the rule when counting from the date of filing, the time for the response and reply shall be extended by the same number of days that the noting date has been extended.

WARNINGCivil cases

Motions seeking permission to file an over-length motion or brief are disfavored but permitted subject to the stated requirements.

Motions seeking approval to file an over-length motion or brief are disfavored but may be filed subject to the following:

WARNINGCivil cases

No response to a surreply requesting that reply material be stricken may be filed unless the court requests it.

(4) No response shall be filed unless requested by the court.

WARNINGCivil cases

Counsel must not appear on the motion’s noting date unless the court directs them to appear.

Counsel shall not appear on the date the motion is noted unless directed by the court.

WARNINGCivil cases

Replies to objections in dispositive matters and prisoner petitions will not be considered.

No reply will be considered.

WARNINGCivil cases

A motion may be heard by telephone without motion papers if a party requests it and the court approves.

Upon the request of any party, and with the court’s approval, a motion may be heard by telephone without the filing of motion papers.

WARNINGCivil cases

Motions are decided without oral argument unless the court orders otherwise.

Unless otherwise ordered by the court, all motions will be decided by the court without oral argument.

WARNINGCivil cases

No further briefing is permitted unless the court orders otherwise.

There shall be no further briefing unless otherwise ordered by the court.

WARNINGCriminal cases

Parties must meet and confer before filing any motion in limine.

The parties must meet and confer prior to the filing of a motion in limine pursuant to CrR 12(b)(7).

WARNINGCivil cases

Reply papers on motions in limine are prohibited.

No reply papers shall be filed.

WARNINGCivil cases

No opposition to an over-length motion may be filed unless the court requests one.

No opposition to the motion shall be filed unless requested by the court.

WARNINGCivil cases

Stipulated motions should rarely be necessary and are disfavored by the court.

Such stipulated motions should rarely be necessary, and are disfavored by the court.

WARNINGCriminal cases

Motion to recuse is reviewed by challenged judge who may voluntarily recuse; if not, motion is referred to chief judge or senior active judge.

Whenever a motion to recuse directed at a judge of this court is filed pursuant to 28 U.S.C. § 144 or 28 U.S.C. § 455, the challenged judge will review the motion papers and decide whether to recuse voluntarily. If the challenged judge decides not to voluntarily recuse, he or she will direct the clerk to refer the motion to the chief judge, or the chief judge’s designee. If the motion is directed at the chief judge, or if the chief judge or the chief judge’s designee is unavailable, the clerk shall refer it to the active judge with the highest seniority.

WARNINGCivil cases

Counsel must make a genuine effort to comply with the meet-and-confer requirement; half-hearted attempts are insufficient.

The Court construes this requirement strictly. Half-hearted attempts at compliance with this rule will not satisfy counsel’s obligation.

WARNINGCivil cases

Issues that Arise During Trial, After Court Hours: Should an issue arise during trial after court hours, counsel are instructed to meet and confer to see if the issue may be resolved without court intervention.

Issues that Arise During Trial, After Court Hours: Should an issue arise during trial after court hours, counsel are instructed to meet and confer to see if the issue may be resolved without court intervention.

WARNINGCivil cases

Counsel should hold substantive discussions about contemplated motions in person whenever possible.

The Court strongly emphasizes that discussions of the substance of contemplated motions are to take place, if at all possible, in person.

INFO

A motion’s noting date is distinct from its hearing date.

The “noting date” for a motion is different from the hearing date.

INFO

If unavailable for a lengthy period, parties should confer with opposing counsel.

Instead, if you’ll be gone for any lengthy period, confer with opposing counsel.

INFOCivil cases

Pro se parties are exempt from discovery dispute conference requirement and may file discovery motions directly.

Matters where a party is proceeding pro se are exempted from this procedure. In those cases, parties may file discovery motions directly and note them according to Local Rules W.D. Wash. LCR 7(d).

INFOCivil cases

Pro se parties exempt from meet and confer requirement.

To reduce the burden of litigation on pro se litigants, pro se parties are not required to meet and confer. However, if at least one party on each side is represented by an attorney, the meet and confer requirement still applies and pro se parties are encouraged, but not required, to attend.

INFOCriminal cases

Pretrial motions deadline is typically set six weeks before trial.

The Court typically sets the pretrial motions deadline six weeks before trial.

INFOCivil cases

H. Briefing Schedule for Cross-Motions for Summary Judgment

H. Briefing Schedule for Cross-Motions for Summary Judgment

INFO

Oral argument is decided after briefing is completed on a motion.

After briefing has been completed on a motion, the Court will decide whether to grant a request for oral argument.

INFOCivil cases

Motions are normally decided within 30 days of the noting date.

All motions will be decided as soon as practicable, and normally within thirty days following the noting date.

INFOCivil cases

Expedited joint motion procedure available for motions to seal, relief from deadline, and motions in limine by agreement.

(I) If all parties agree to do so, they may use the expedited joint motion procedure for other types of motions, including but not limited to motions to seal, motions for relief from a deadline, and motions in limine. The timing and procedure shall be the same as set forth above except that (1) instead of setting forth the disputed discovery request and the opposing party’s objection/response thereto, the moving party should set forth the relief requested and the legal authority that supports the requested relief, and (2) the moving party must submit a proposed order that sets forth the relief requested.

INFOCivil cases

Expedited joint motion procedure available for discovery motions by agreement.

(2) Expedited Joint Motion Procedure. A motion for an order compelling disclosure or discovery may be filed and noted in the manner prescribed in LCR 7(d)(3). Alternatively, the parties may, by agreement, utilize the expedited procedure set forth in this subsection. If the parties utilize this procedure, the motion may be noted for consideration for the day the motion is filed.

INFOCivil cases

Final pretrial conference may be scheduled at court's discretion.

The court may, in its discretion, schedule a final pretrial conference.

INFO

Motions in limine responses due Monday before noting date; replies not permitted unless ordered.

After a party files a motion in limine, the response is due by the Monday before the noting date. A reply is not permitted unless ordered by the judge.

INFO

14-day motions require 9-day response and reply by noting date.

The following types of motions cannot be noted earlier than 14 calendar days after they are filed. Unless otherwise ordered by the judge, the response is due no later than 9 days after the filing of the motion; the reply is due by the noting date.

INFO

Motions in limine must be noted between 21 days after filing and 6 days before pretrial conference.

Motions in limine cannot be noted any earlier than 21 calendar days after filing but no later than 6 days before the pretrial conference, unless otherwise ordered by the judge.