Western District of Washington Service and Proof of Service Rules

CRITICALCivil cases

The U.S. Marshals Service must serve civil process for a private litigant when ordered by the court or required by an express statutory provision.

Upon order of this court or pursuant to an express statutory provision, however, the United States Marshals Service shall make service of civil process on behalf of a private litigant or their attorney of record.

CRITICALCivil cases

Applies to

Deposition designations

Other parties may provide highlighted objections and counter-designations to the opposing party by the LCR 16(k) attorney conference, unless the court orders otherwise.

Other parties may offer objections and counter- designations by highlighting them and providing the same to the opposing party no later than the conference of attorneys under LCR 16(k) or as otherwise ordered by the court.

CRITICALCivil cases

Applies to

Video deposition

A party offering a video deposition instead of live testimony must submit it on DVD or thumb drive to chambers and all other parties by the deposition-designation filing deadline, in addition to following the procedures above.

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 on a DVD or thumb drive to chambers and to all other parties no later than the deadline for filing deposition designations.

CRITICALCivil cases

Deadline

90 calendar days

A Doe or fictitiously named defendant must be identified and served within 90 days after filing or will be dismissed.

Any “Doe” or fictitiously named defendant who is not identified and served within 90 days after the case is filed will be dismissed pursuant to Fed. R. Civ. P. 4(m).

CRITICALCivil cases

Applies to

Standing order

In a removed case, the removing defendant must serve this Order on all other parties.

If this case was assigned to this Court after being removed from state court, the Defendant(s) who removed the case must serve this Order on all other parties.

CRITICALCivil cases

Applies to

Complaint

The plaintiff must promptly serve the Complaint under Rule 4 and file proof of service.

Plaintiff must promptly serve the Complaint in accordance with Fed. R. Civ. P. 4 and file proof of service.

CRITICALCivil cases

Applies to

Deposition transcript

A party offering deposition testimony at trial must provide all other parties a transcript with the relevant portions highlighted.

Pursuant to Local Civil Rule 32, if a party intends to offer a deposition in lieu 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.

CRITICALCivil cases

Applies to

Standing order

The plaintiff must immediately serve this Order on all defendants together with the Summons and Complaint.

Plaintiff(s) must immediately serve this Order on all Defendant(s) along with the Summons and Complaint.

WARNING

Debtor must serve most recent tax return on UST and committee within 14 days of order for relief.

The chapter 11 debtor in possession or chapter 11 trustee shall serve copies of the following on the United States trustee and any committee: (1) the debtor's federal income tax returns. The debtor in possession shall provide the most recently filed return within 14 days after the entry of the order for relief, and its returns for each subsequent year whenever such returns are submitted to the Internal Revenue Service;

WARNING

The chapter 11 debtor in possession or chapter 11 trustee shall serve copies of the following on the United States trustee and any committee: (2) proof of insurance covering estate assets and liability, if applicable. The debtor in possession shall provide initial proof of insurance within 7 days after entry of the order for relief and proof of insurance renewals thereafter as obtained;

The chapter 11 debtor in possession or chapter 11 trustee shall serve copies of the following on the United States trustee and any committee: (2) proof of insurance covering estate assets and liability, if applicable. The debtor in possession shall provide initial proof of insurance within 7 days after entry of the order for relief and proof of insurance renewals thereafter as obtained;

WARNING

Proof of conventional service (non-ECF) must be filed by the response date.

Proof of any conventional (non-ECF) service of the notice and the motion shall be filed by the response date.

WARNING

Service

Mail

Proof of service must include the master mailing list used for noticing.

Parties shall attach a copy of the master mailing list used for noticing to the proof of service filed with the court.

WARNING

Applies to

Amendment to exemptions

Debtor must serve amendment to exemptions on trustee and affected entities, and file proof of service on non-ECF participants.

If the debtor amends the claim of exemptions listed on Schedule C, the debtor shall serve a copy of the amendment on the trustee and on any entity affected thereby. The debtor shall file proof that service has been effected on all non-ECF participants.

WARNING

Applies to

Large chapter 11 case

In large chapter 11 cases, court may require retention of a claims and noticing agent.

In a large chapter 11 case involving numerous parties in interest, the court may require the party initiating the case, or subsequently appointed trustee or examiner, to retain a claims and noticing agent under 28 U.S.C. § 156(c).

WARNING

Applies to

Notice

Debtor or trustee must file certificate of service of notice within 7 days.

The debtor or trustee shall file a certificate of service of the notice with the Clerk within 7 days

WARNING

Applies to

Motion to vacate

Motion to vacate dismissal order must be served on trustee and all parties in interest.

Unless the court orders otherwise, a motion to vacate an order of dismissal entered pursuant to this rule shall be noted for hearing pursuant to Local Bankruptcy Rule 9013-1 and shall be served on any trustee appointed in the case and all additional parties in interest.

WARNING

Applies to

Motion to withdraw

Withdrawal motions must be served on the client in bankruptcy cases, and on the client and all parties in adversary proceedings.

A motion filed pursuant to subsection (b)(2) in a bankruptcy case shall be served on the client. A motion filed pursuant to subsection (b)(2) in an adversary proceeding shall be served on the client and all parties.

WARNING

Applies to

Fee application

Fee applications must be served on the debtor and chapter 13 trustee; notice of hearing must be served on debtor, trustee, and all creditors with allowed claims.

All applications for compensation for services and for reimbursement of necessary costs and expenses shall be served on the debtor and the chapter 13 trustee. A notice of hearing on the application shall be served on the debtor, the chapter 13 trustee, and all creditors holding allowed claims.

WARNING

Service

Mail to all parties

Party must give written notice to all creditors and parties in interest of rescheduled meeting and file copy with certificate of service.

If the date, time, or location of the meeting of creditors is changed, the party who requested the change must give written notice to all creditors and parties in interest of the date, time, and location of the rescheduled meeting and file a copy of the notice and a certificate of service with the court.

WARNING

Applies to

Motion for default

A motion for entry of default need not be served on a defaulting party who has not appeared; if the defaulting party has appeared, the motion must be noted per Local Bankruptcy Rule 9013-1.

A motion for entry of default need not be served on the defaulting party. However, in the case of a defaulting party who has entered an appearance, the moving party must note the motion for an order of default in compliance with Local Bankruptcy Rule 9013-1.

WARNINGCriminal cases

Applies to

Notice of related case

The notice of related case should be filed in the case bearing the earliest filing number and a copy thereof shall be served upon all counsel of record in all such cases.

The notice of related case should be filed in the case bearing the earliest filing number and a copy thereof shall be served upon all counsel of record in all such cases.

WARNING

Service

Electronic service

and GEO's right to withdraw consent in any individual case, and to withdraw this general consent, at any time.

and GEO's right to withdraw consent in any individual case, and to withdraw this general consent, at any time.

WARNINGCivil cases

Applies to

Reply

The movant may timely file and serve a reply brief and supporting material on each party that has appeared.

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).

WARNING

Service

Email to opposing party

If service has not already been accomplished, the Clerk must immediately serve Respondents with the habeas petition and this order by email to USAWAW.ImmigrationHabeasService@usdoj.gov.

The Clerk is directed to effectuate immediate service, if service has not already been accomplished, of the habeas petition filed in this case upon Respondents by emailing a copy of the habeas petition and this order to USAWAW.ImmigrationHabeasService@usdoj.gov.

WARNINGCriminal cases

Applies to

Cooperation materials

Cooperation materials filed under seal must be served on the opposing party via traditional means (not electronically).

These materials must be served on the opposing party via traditional means;

WARNINGCivil cases

Missing required proof of service does not invalidate service, and the court may allow it to be amended or supplied unless doing so would clearly cause material prejudice.

Failure to make the proof of service required by Fed. R. Civ. P. 5(d)(1)(B) does not affect the validity of the service, and the court may at any time allow the proof of service to be amended or supplied unless it clearly appears that to do so would result in material prejudice to any party.

WARNINGCivil cases

The final, unredlined amended pleading should be filed simultaneously as a separate docket entry and served on all parties.

The amended pleading in final format, i.e., without redlining, should be filed simultaneously as a separate docket entry and served on all parties.

WARNINGCivil cases

Service

Electronic service

A certificate of service is not required for ECF filing service on a represented party or an ECF-participating unrepresented party.

No certificate of service is required when a paper is served on a represented party by filing it with the ECF system, or on an unrepresented party that has signed up to participate in the ECF system.

WARNINGCriminal cases

Applies to

Motion

Government must serve §5K1.1 motion on all counsel and provide motion and written statement to probation officer.

If the government intends to file a § 5K1.1 motion for substantial assistance, the motion must be served on all counsel and filed under seal at least fourteen days prior to sentencing. In such event, the government must also serve and file under seal a written statement of the nature and extent of the defendant's cooperation. Any motion under § 5K1.1 and the supporting written statement must also be provided to the probation officer who has prepared the presentence report.

WARNINGCivil cases

When the defaulting party has not appeared, the motion must be noted under LCR 7(d)(1), but neither service nor notice of the motion to that party is required.

If there has been no appearance in the action by the defaulting party, the motion shall be noted in accordance with LCR 7(d)(1), but it need not be served on the defaulting party and notice of the motion need not be given to the defaulting party.

WARNINGCivil cases

Parties should not file a separate proof-of-service document unless necessary.

Parties should not file a separate proof of service document unless it is necessary.

WARNINGCriminal cases

Sentencing memorandum must be served on opposing party and Probation Office and filed at least 7 days before sentencing.

Counsel for the United States or for a defendant shall serve copies of any sentencing memorandum or related documents upon the opposing party and upon the U.S. Probation Office and file such materials at least seven days prior to sentencing.

WARNINGCriminal cases

The original should be provided to the U.S. Probation Office with a copy to the United States Attorney at least 21 days prior to sentencing.

The original should be provided to the U.S. Probation Office with a copy to the United States Attorney at least 21 days prior to sentencing.

WARNINGCivil cases

Except where the Federal Rules or another federal statute provide otherwise, the U.S. Marshals Service does not serve civil process for private litigants in the district.

Except as provided for in the Federal Rules of Civil Procedure or other federal statute, the United States Marshals Service is relieved from any and all civil process serving responsibilities within this district on behalf of private litigants.

INFO

Service

Email to agency

Service on UST for ex parte applications may be made by fax or email to specified address.

For purposes of this rule, the United States Trustee’s Office will accept service by facsimile or electronically at USTPRegion18.SE.ECF@usdoj.gov.

INFO

Applies to

Clerk notices

Service

Electronic service

Clerk may give notice via ECF, Bankruptcy Noticing Center, or similar service.

The clerk of court may give notice through the electronic filing system (“ECF”), the Bankruptcy Noticing Center, or similar service.

INFO

Applies to

Chapter 13 plan

Service

Mail to all parties

When plan is filed with petition, clerk mails a copy to all creditors.

If the plan is filed at the same time as the petition, the clerk of court shall mail a copy of the plan to all creditors.

INFO

Service

Mail

Notice by mail is adequate if the master mailing list is current within 7 days of mailing.

Notice is presumed to be adequate if mailed to all entries on the master mailing list, provided that the list is current to within 7 days of mailing.

INFO

Applies to

Text only docket order

When serving a Text Only Docket Order on non-ECF participants, send a copy of the Notice of Electronic Filing, but only the pages with filing information, docket entry, and document descriptions need to be served.

If a party is required to serve notice of a Text Only Docket Order to parties who are not ECF participants, the party shall send a copy of the Notice of Electronic Filing to such recipients. Only those pages of the Notice of Electronic Filing that contain the filing information, the docket entry and the document descriptions need to be served.

INFO

Service

Mail

In Chapter 7 cases, after the claims deadline, notices may be limited to creditors with filed claims or extensions.

In a chapter 7 case, after expiration of the deadline for filing claims and entry of an order allowing or disallowing claims, all notices required to be given to creditors pursuant to Fed. R. Bankr. P. 2002(a)(2), (3), and (6), and 2002(f)(8), may be limited to creditors whose claims have been filed and creditors who are still permitted to file claims by reason of an extension granted by the court.

INFOCivil cases

Private litigants are encouraged to seek a Rule 4 waiver of service before requesting a court order for Marshals Service.

Private litigants are encouraged to seek a waiver of service as provided by Federal Rule of Civil Procedure 4 before seeking such an order.

INFOCivil cases

A motion for entry of default need not be served on the defaulting party.

A motion for entry of default need not be served on the defaulting party.

INFO

Applies to

Scheduling order

Pro se petitioners who file their petition in hard copy will be sent a hard copy scheduling order by the Clerk's Office.

A pro se petitioner that files their petition in hard copy will be sent a hard copy scheduling order by the Clerk’s Office in accordance with Paragraph 4 below.

INFOCivil cases

A motion asking the clerk to enter default judgment need not be served on the defaulting party.

A motion for entry of default judgment by the clerk need not be served on the defaulting party.

INFO

Applies to

Petition

Service

Court service to agency

Upon assignment of a habeas petition to a judge, the Clerk's Office serves the petition on the U.S. Attorney's Office if not already accomplished.

Upon assignment of a petition to a judge, the Clerk’s Office will serve the petition on the U.S. Attorney’s Office (if not already accomplished)

CRITICAL

Chapter 7 trustee must provide notice of final report and fee application using specific form in cases exceeding threshold.

In chapter 7 cases in which the net proceeds realized exceeds the amount in Fed. R. Bankr. P. 2002(f)(8), the chapter 7 trustee shall provide notice of the trustee's final report, fee application and objection deadline using the form 'Notice of Trustee's Final Report and Applications for Compensation.' (UST Form 101-7 (NFR)).