Western District of Washington Service and Proof of Service Rules

CRITICAL

Service of the motion to seal and sealed document must comply with Federal and Local Rules and include a certificate of service.

Service of the motion to seal and the sealed document, where appropriate, must be made in accordance with the Federal Rules of Civil Procedures, Federal Rules of Bankruptcy Procedure and these Local Bankruptcy Rules., and be accompanied by a certificate of service

CRITICAL

Applies to

Notice of 341 meeting

Clerk must serve notice of §341 meeting in each new and converted case.

The clerk of court shall prepare and serve notice of the 11 U.S.C. § 341 meeting of creditors in each new and converted case, pursuant to Fed. R. Bankr. P. 2002(a)(1).

CRITICAL

Applies to

Motion

Motions for cash collateral or financing orders must be served on the U.S. Attorney's Office and the Washington Attorney General.

Notice of all motions seeking approval of use of cash collateral or financing orders must be served on the United States Attorney’s Office, Attn: Bankruptcy Assistant, 700 Stewart Street, Room 5220, Seattle, Washington 98101, and the Attorney General for the State of Washington, Bankruptcy and Collections Unit at 800 Fifth Avenue, 20th floor, Seattle, Washington 98104. The notice required by this rule is in addition to any other applicable notice and service requirements.

CRITICAL

Applies to

Notice of foreign proceeding hearing

Clerk must provide notice of hearing on petition for recognition of foreign proceeding and intention to communicate.

The clerk of court shall provide notice pursuant to Fed. R. Bankr. P. 2002(q) of the court's hearing on a petition for recognition of a foreign proceeding, and of the court's intention to communicate with a foreign court or foreign representative as prescribed by Fed. R. Bankr. P. 5012.

CRITICAL

Applies to

Official form b119

Service

Email

If a petition preparer's compensation exceeds $400, they must serve Official Form B119 and the disclosure on the U.S. Trustee via email within 14 days after filing.

If the amount of compensation disclosed pursuant to 11 U.S.C. §110(h)(2) exceeds $400, the bankruptcy petition preparer shall serve a copy of the filed Official Form B119 on the United States ... The bankruptcy petition preparer shall serve the Official Form B119 and the disclosure of compensation on the United States Trustee via email to ustpregion18.se.ecf@usdoj.gov within fourteen days after filing.

CRITICAL

Plaintiff must file certificate of service within 14 days after serving summons and complaint.

The plaintiff shall file a certificate of service within 14 days after service of a summons and complaint has been effected.

CRITICAL

Debtor must serve the plan on the claim holder following FRBP 7004 service rules.

serve the plan on the holder of the claim in the manner provided for service of a summons and complaint by Federal Rule of Bankruptcy Procedure 7004;

CRITICAL

Applies to

Notice of plan acceptance rejection

The proponent of the plan in a chapter 11 case shall give notice of the time fixed for accepting or rejecting a plan.

The proponent of the plan in a chapter 11 case shall give notice of the time fixed for accepting or rejecting a plan.

CRITICAL

Applies to

Chapter 13 plan

Debtor must serve plan on creditors at least 14 days before the meeting of creditors if plan is filed after petition.

If the plan is filed after the petition, the debtor shall serve copies of the plan on all creditors not less than 14 days prior to the originally scheduled meeting of creditors. Nothing in this subsection excuses compliance with Fed. R. Bankr. P. 3015(b).

CRITICAL

Applies to

Motion for hardship discharge

Motions for hardship discharge must be served on the trustee, U.S. trustee, and all creditors at least 21 days before the hearing.

Motions for discharge under 11 U.S.C. § 1328(b) shall be filed with the court and served on the trustee, United States trustee, and all creditors at least 21 days preceding the date fixed for hearing.

CRITICAL

Applies to

Amendment of schedules

In chapter 7/12/13 cases, when amending schedules to add creditors after 341 notice mailed but before 341 meeting, debtor must serve notice and 341 copy on added creditors and file proof of service.

If the debtor in a chapter 7, 12, or 13 case amends the schedules of creditors after the 11 U.S.C. § 341 meeting notice has been mailed, but before the 11 U.S.C. § 341 meeting occurs, the debtor shall serve on any creditors added by the amendment a notice of the amendment, together with a copy of the 11 U.S.C. § 341 meeting notice. The debtor shall file proof that service has been effected on the added creditors.

CRITICAL

Applies to

Notice of claims deadline

Debtor or trustee in chapter 11 case must give notice of claims deadline.

The debtor or trustee, if applicable, in a chapter 11 case shall give notice of the deadline for filing claims.

CRITICAL

Applies to

Discovery request

Parties must notify third parties of discovery procedures, and third parties must comply.

Parties must provide notice of these discovery procedures to third parties who receive discovery requests from the Parties, and such third parties shall comply with these procedures.

CRITICAL

Applies to

Asserted claims and preliminary infringement contentions

A party claiming patent infringement must serve all parties with its Asserted Claims and Preliminary Infringement Contentions under LPR 120.

A Party claiming patent infringement will serve on all Parties a statement of the Asserted Claims and Preliminary Infringement Contentions pursuant to LPR 120.

CRITICALCivil cases

A party seeking to file a document another party claims is confidential must give the other parties at least 7 days’ notice, allowing the sealing proponent to prepare and file a motion to seal when the document is submitted.

If a party seeks to file a document that another party claims is confiden�al, the party seeking to file the document shall give at least 7 days’ no�ce to the other par�es so a mo�on to seal may be prepared and filed by the proponent of sealing at the same �me the document is submited.

CRITICALCivil cases

Applies to

Deposition notice

If the parties cannot agree on arrangements for a deposition of a person in custody, the noticing party must serve notice on the specified recipients at least 14 days before the proposed deposition.

If agreement is not reached, the party noting the deposition shall serve a notice, at least 14 days before the proposed deposition, on the deponent, all other parties, the superintendent of the institution, and the attorney for the institution (e.g., the Washington Attorney General for a state prisoner, or the United States Attorney for a federal prisoner).

CRITICALCivil cases

Deadline

10 court days

Within ten (10) court days after notice of entry of a verdict, a party may file with the clerk and serve on each adverse party a notice of intention to move for a new trial on any of the grounds specified in subsection (n)(3) of this rule.

Within ten (10) court days after notice of entry of a verdict, a party may file with the clerk and serve on each adverse party a notice of intention to move for a new trial on any of the grounds specified in subsection (n)(3) of this rule.

CRITICALCivil cases

If the defaulting party has appeared, all supporting papers must be served at the party’s address of record and electronically if available.

If the defaulting party has appeared, the motion shall be noted in accordance with LCR 7(d)(3), and service of all papers filed in support of the motion must be made at the defaulting party’s address of record and shall also be served by electronic means if available.

CRITICALCivil cases

Applies to

Discovery requests

Discovery requests must be served early enough for all responses to be due before the discovery deadline.

Interrogatories, requests for admissions or production, etc., must be served sufficiently early that all responses are due before the discovery deadline.

CRITICALCriminal cases

Applies to

Jury instructions

Service

Electronic service to all parties

Proposed jury instructions must be served on all parties.

All proposed instructions must be served on all parties, filed in the docket, and attached as a Word or WordPerfect compatible file to an e-mail sent to the e-mail orders address of the assigned judge pursuant to the court's electronic filing procedures.

CRITICALCivil cases

Non-Infringement and Invalidity Contentions must be served within 30 days after service of Infringement Contentions.

Not later than 30 days after service upon it of the “Disclosure of Asserted Claims and Infringement Contentions,” each party opposing a claim of patent infringement, shall serve on all parties its “Non-Infringement and Invalidity Contentions”

CRITICALCivil cases

A party seeking costs must serve the motion for costs within twenty-one days after entry of judgment.

The party in whose favor a judgment is rendered, and who seeks to recover costs, shall, within twenty-one days after the entry of judgment, file and serve a motion for costs and necessary disbursements, also known as a bill of costs.

CRITICALCivil cases

A private litigant or the litigant’s attorney must arrange for service through a person authorized to serve process.

The private litigant or attorney of record for the private litigant shall make appropriate arrangements with a person authorized to serve process.

CRITICALCivil cases

Applies to

Opposition

An opposing party must timely file and serve its opposition brief and any supporting material on each party that has appeared.

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

Applies to

Motion

Service

Electronic service to opposing party

Unless Rule 65(b)’s requirements for proceeding without notice are met, the moving party must serve all motion papers electronically if available before or when filing and include a certificate of service.

Unless the requirements of Fed. R. Civ. P. 65(b) for issuance without notice are satisfied, the moving party must serve all motion papers on the opposing party, by electronic means if available, before or contemporaneously with the filing of the motion and include a certificate of service with the motion.

CRITICALCivil cases

When proof of service is required or permitted, it must appear as a certificate or acknowledgment on the document itself.

Whenever proof of service is required or permitted it shall be made by a certificate or acknowledgment of service on the document itself.

CRITICALCriminal cases

Applies to

Motion

Movant must serve the motion on all parties that have appeared.

A party moving to modify an imposed term of imprisonment under 18 U.S.C. § 3582(c) shall serve the motion on each party that has appeared in the action.

CRITICAL

Respondents must give Petitioner at least 7 days' notice before any transfer or removal, file the notice of intent on the docket, and file a follow-up notice on the docket once the transfer or removal is completed.

Respondents shall provide Petitioner in this habeas action at least 7 days’ notice prior to any action to move or transfer Petitioner from the Western District of Washington or to remove them from the United States. Respondents shall also (1) file the notice of intent to transfer or remove on the Court’s docket; and (2) file a notice on the docket if the transfer or removal is completed.

CRITICALCivil cases

Each defense counsel must serve, but not file, a brief pretrial statement on other parties’ counsel 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

The order to show cause must be sent by email and mail to the attorney’s last known addresses on file with the court.

The order to show cause shall be emailed and mailed to the attorney at the last known addresses the attorney provided to the court.

CRITICALCivil cases

Deadline

14 calendar days

For a defaulting party who has appeared, the moving party must provide written notice at least 14 days before filing and include evidence of notice with the motion.

However, in the case of a defaulting party who has entered an appearance, the moving party must give the defaulting party written notice of the requesting party’s intention to move for the entry of default at least fourteen days prior to filing its motion and must provide evidence that such notice has been given in the motion for entry of default.

CRITICALCivil cases

Deadline

7 calendar days

Memoranda must be delivered to the mediator and served on all other parties at least seven days before the mediation conference.

Copies of the memorandum must be delivered to the mediator and served upon all other parties at least seven days before the mediation conference.

CRITICALCriminal cases

Applies to

Report and recommendation

A copy of the magistrate judge's report and recommendation must be served on all parties.

A copy of such report and recommendation shall be served on all parties.

CRITICALCivil cases

Applies to

Deposition transcript

A party offering deposition testimony at trial must provide all other parties a transcript with relevant portions highlighted by the pretrial-statement deadline, unless the court orders otherwise.

If a party intends to offer a deposition instead of, or in addition to, live testimony at trial, the party shall provide to all other parties a transcript of the deposition with the relevant portions highlighted, by no later than the due date for their pretrial statement under LCR 16(h) and LCR 16(i) or as otherwise ordered by the court.

CRITICALCivil cases

Applies to

Disclosure of Asserted Claims and Infringement Contentions

Patent infringement claimant must serve initial infringement contentions within 15 days of the Scheduling Conference or entry of the case schedule.

Within 15 days of the Scheduling Conference or, if there is no Scheduling Conference, entry of the case schedule, a party claiming patent infringement shall serve on all parties a "Disclosure of Asserted Claims and Infringement Contentions."

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Disclosure of asserted claims and infringement contentions

A party claiming patent infringement must serve its Disclosure of Asserted Claims and Infringement Contentions on all parties within 15 days of the Scheduling Conference or, if none is held, entry of the case schedule.

Within 15 days of the Scheduling Conference or, if there is no Scheduling Conference, entry of the case schedule, a party claiming patent infringement shall serve on all parties a “Disclosure of Asserted Claims and Infringement Contentions.”

CRITICALCivil cases

In declaratory judgment cases, Preliminary Invalidity Contentions must be served within 14 days after answer or scheduling conference, whichever is later.

no later than 14 days after the defendant serves its answer, or 14 days after the Scheduling Conference, whichever is later, the party seeking a declaratory judgment must serve upon each opposing party its Preliminary Invalidity Contentions that conform to Local Patent Rule 121 and produce or make available for inspection and copying the documents described in Local Patent Rule 122.

CRITICALCivil cases

Applies to

Notice of electronic filing

Service

Mail

The clerk will mail a copy of the Notice of Electronic Filing to unrepresented parties who do not file electronically.

If the one or more of the parties are unrepresented and do not file electronically, the clerk of court will mail to those recipients a copy of the Notice of Electronic Filing of the text only docket order.

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Preliminary invalidity contentions

If the defendant asserts no patent infringement claim, the declaratory-judgment plaintiff must serve Preliminary Invalidity Contentions and produce or make available the specified documents by the later of 1014 days after the answer is served or 1014 days after the Scheduling Conference.

If the defendant does not assert a claim for patent infringement, no later than 1014 days after the defendant serves its answer, or 1014 days after the Scheduling Conference, whichever is later, the party seeking a declaratory judgment must serve upon each opposing party its Preliminary Invalidity Contentions that conform to Local Patent Rule 121 and produce or make available for inspection and copying the documents described in Local Patent Rule 122.

CRITICALCivil cases

Deadline

14 calendar days

Unless the court orders otherwise, the party granted leave must 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.

CRITICALCivil cases

Plaintiff’s counsel must serve, but not file, a brief pretrial statement on other parties’ counsel no later than 30 days before the proposed pretrial order is due.

Not later than 30 days prior to the date for filing the proposed pretrial order, counsel for plaintiff(s) shall serve upon counsel for all other parties (but not file) a brief statement as to:

CRITICALCivil cases

Applies to

Video deposition

A party offering a video deposition instead of live testimony must provide a copy to the court upon request and to all other parties by the pretrial-order filing deadline, in addition to complying with the preceding requirements.

If a party intends to offer a video deposition instead of live testimony, the party must, in addition to complying with the provisions above, submit a copy of the video deposition to the court upon request and to all other parties no later than the deadline for filing the pretrial order.

CRITICAL

Applies to

Petition

Service

Court service to agency

For pro se hard-copy petitions, the Clerk's Office serves the petition on the U.S. Attorney's Office.

The Clerk’s Office will serve the petition on the U.S. Attorney’s Office pursuant to this General Order.

CRITICALCivil casesProposed or draft document; may not be in force

Deadline

30 calendar days

Applies to

Non infringement and invalidity contentions

A party opposing a patent infringement claim must serve its Non-Infringement and Invalidity Contentions on all parties within 30 days after service of the infringement contentions.

Not later than 30 days after service upon it of the “Disclosure of Asserted Claims and Infringement Contentions,” each party opposing a claim of patent infringement, shall serve on all parties its “Non-Infringement and Invalidity Contentions” which shall contain the following information:

CRITICALCivil cases

A motion to retax must be served within seven days after costs are taxed.

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

Applies to

Witness list

By the close of each trial day, counsel must provide opposing counsel with the next day's intended witness list, subject to modification for good cause.

Not later than the close of each day of trial, counsel shall provide to opposing counsel a list of the witnesses he or she intends to call the following day of trial. This requirement may be modified for good cause shown.

CRITICALCivil cases

Deadline

30 calendar days

Applies to

Demand for trial de novo

Unless trial de novo was waived in the arbitration agreement, a party may serve a written demand for trial de novo within 30 days after the award is filed.

Unless the agreement to arbitrate waived trial de novo, any party may, within 30 days of the filing of the award, serve and file a written demand for trial de novo.

CRITICALCivil cases

If the defaulting party has no address of record, supporting papers must be served at the party’s last known address and electronically if available.

In the absence of an address of record, service shall be made at the defaulting party’s last known address and shall also be served by electronic means if available.

CRITICALCivil cases

The opposing party must serve its rebuttal within seven days after receiving the moving party’s LCR 37 submission.

Within seven days of receipt of the LCR 37 submission from the moving party, the opposing party shall serve a rebuttal to the moving party’s position for each of the disputed discovery requests identified in the motion.

CRITICALCivil cases

The U.S. Marshals Service must serve warrants and other process as prescribed by the Supplemental Admiralty Rules.

The United States Marshals Service shall, however, serve warrants and other process as prescribed in the Supplemental Admiralty Rules.