Western District of Washington Pre-Motion Conference Requirements

INFO

Same-day motions do not permit responses or replies unless ordered.

The following motions may be noted for the same day they are filed. A response or reply is not permitted unless ordered by the court.

INFO

28-day motions require 21-day response and reply by noting date.

The following types of motions cannot be noted any earlier than 28 calendar days after they are filed. The response is due by 21 days after the date of filing and the reply is due by the noting date, unless otherwise ordered by the judge.

INFO

Motions ............................................................................................................. 32

Motions ............................................................................................................. 32

INFO

21-day motions require 15-day response and reply by noting date.

Non-dispositive motions, except those specifically listed in other parts of LCR 7(d), cannot be noted any earlier than 21 calendar days after they are filed. The response is due by 15 days after the filing date and the reply is due by the noting date, unless otherwise ordered by the judge.

INFOCivil cases

A motion to compel may use the LCR 7(d)(3) procedure or, by agreement of the parties, the 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.

INFOCriminal cases

Motions to shorten time are abolished; for immediate action, use telephonic motion procedure; if assigned judge unavailable, any other judge may hear the matter.

Motions to shorten time are abolished. If immediate action is necessary, parties shall use the procedures for telephonic motions outlined above. If the judge assigned to the case is unavailable, any other judge may hear and dispose of the matter requiring immediate attention, but such action shall not constitute reassignment of the case or proceeding.

INFOCivil cases

By unanimous agreement, parties may use the expedited joint motion procedure for other motions, including motions to seal, for relief from a deadline, and in limine.

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.

INFOCivil cases

A party seeking consolidation may file a motion to consolidate.

If a party seeks to have its case consolidated with one or more cases pending in this district, the party may file a motion to consolidate the cases.

INFOCivil cases

No Rule 16(b) conference; Court reviews joint status report and issues scheduling order.

Unless specific circumstances require it, the Court will not hold a Fed. R. Civ. P. 16(b) Initial Status Conference. Instead, the Court will review the parties' combined Joint Status Report and Discovery Plan as required by FRCP 26(f) and Local Civil Rule 26(f) and issue a Scheduling Order as soon as practicable thereafter.

INFOCivil cases

The Court may resolve motions on the briefs without oral argument; if argument is held, each side gets 20 minutes plus 5 minutes for rebuttal.

Regardless of whether the parties request oral argument, the Court retains discretion to resolve a motion on the briefs. If the Court finds that oral argument is necessary, the Court will contact the parties for scheduling and other necessary arrangements. The parties shall be limited to twenty (20) minutes per side plus five (5) minutes for rebuttal unless otherwise ordered.

INFO

Oral argument granted after briefing; Court contacts parties to schedule.

After briefing has been completed, the Court will decide whether to grant a request for oral argument. Should oral argument be allowed, the Court will contact the parties to schedule a date and time.

CRITICAL

Motions in limine that do not comply with the applicable requirements, including the certification of conferral (LCR 7(d)(4)) or the word limit (LCR 7(e)(5)), without prior permission of the Court may be summarily stricken.

Motions in limine that do not comply with the applicable requirements, including the certification of conferral (LCR 7(d)(4)) or the word limit (LCR 7(e)(5)), without prior permission of the Court may be summarily stricken.

CRITICAL

Good faith conferral required before filing motions in limine; single omnibus motion allowed.

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)(4). Parties are discouraged from filing motions in limine that do not identify specific evidence or exhibits to be excluded, that request relief at a high level of generality, or that merely ask the Court to apply the Federal Rules of Evidence in the absence of an unusual issue. Each Party may file a single, omnibus motion in limine. Successive motions in limine shall require advance Court approval.

CRITICAL

Motion to compel only as last resort; good faith conferral required with certification.

The Court expects Parties to file a motion to compel only as a last resort. The Court strongly encourages Parties to make every effort to resolve discovery disputes without the Court’s intervention. Before filing a motion to compel, the moving Party must make a good faith effort to meet and confer with the opposing Party. See Section II.D. A motion to compel must strictly comply with LCR 37(a)(1) and shall include a certification that lists the date, manner, and

CRITICAL

Daubert motions must be filed by dispositive motion deadline and cannot be in limine motions.

Motions challenging expert testimony, though not dispositive motions, must be filed by the date dispositive motions are due in accordance with the Court’s trial scheduling order. Daubert issues may not be presented in motions in limine.