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Court Rules
Senior Judge

Judge Benjamin H. Settle

Individual Rules, Standing Orders & Policies

Western District of Washington

Communication

Email
settleorders@wawd.uscourts.gov
Email
mary_trent@wawd.uscourts.gov
Filters:

Document Format Requirements19 rules

FormattingMandatoryCivil cases

All exhibits must be pre-marked by counsel using the following format: Cause No.:________________ Plainti or Defendant Exh #:______________ Admitted: (leave blank)

Applies to
  • Exhibits

Formatting

  • Exhibits pre-marked by counsel
  • Format includes Cause No., Plaintiff/Defendant Exh #, Admitted (left blank)
FormattingMandatoryCivil cases

3 sets of paper copies for each party shall be submitted to the Courtroom Deputy the morning of trial in binders with tabbed dividers between exhibits and shall be marked on the side of binder 1) Clerk, 2) Judge and 3) Witness.

Binding
Tabbed binder
Applies to
  • Exhibits

Formatting

  • 3 paper copies per party
  • Tabbed dividers between exhibits
FormattingMandatoryCivil cases

Judge Settle requires 3 binders of paper copies and 2 thumb drives (electronic) from each party unless otherwise instructed by the Courtroom Deputy.

Formatting

  • 3 paper binders per party
  • 2 electronic thumb drives per party
  • Subject to Courtroom Deputy instructions
SettleProceduresforHandlingExhibits · p. 1
|SectionInstructions for Attorneys
FormattingMandatoryCivil cases

Audio/video exhibits must be playable in Windows Media Player or VLC Media Player, with no unique codecs required.

Applies to
  • Exhibits

Formatting

  • No unique codecs or media players allowed, convert to approved format

Court's wording

Exhibits that contain audio or video must be playable in Windows Media Player OR VLC Media Player. (Video files requiring their own unique codec or media player are not acceptable and need to be converted to an acceptable format to work with approved players. )

FormattingMandatoryCivil cases

2 sets of thumb drives for each party must be submitted to the Courtroom Deputy the morning of trial. Exhibits must be in PDF format and should be scanned using Optical Character Recognition if possible and encoded as a searchable PDF. The exhibits should be named the same (see above) as paper exhibits (Plaintiff = 001-499, Defendant = 500-forward).

File type
PDF
Applies to
  • Exhibits

Formatting

  • 2 thumb drives per party
  • OCR scanned if possible, searchable PDF
  • Named per plaintiff (001-499) and defendant (500-forward) numbering
FormattingMandatoryCivil cases

Plaintiff’s exhibits shall consecutively be marked beginning with number 001-499.

Applies to
  • Exhibits

Formatting

  • Plaintiff exhibits consecutively numbered 001-499
FormattingMandatoryCivil cases

Duplicate documents shall not be listed twice on the exhibit list.

Applies to
  • Exhibit list

Formatting

  • No duplicate documents listed on exhibit list
FormattingMandatoryCivil cases

Defendant’s exhibits shall consecutively be marked beginning with number 500-forward.

Applies to
  • Exhibits

Formatting

  • Defendant exhibits consecutively numbered 500-forward
FormattingMandatoryCivil cases

A joint exhibit list in Microsoft Word format (auto numbering off) must be emailed to the Courtroom Deputy before trial, following the paper exhibit numbering system.

File type
Word
Applies to
  • Exhibit list

Formatting

  • Joint exhibit list
  • Auto numbering turned off
  • Emailed to Courtroom Deputy prior to trial
  • Follow paper exhibit numbering system

Court's wording

A joint exhibit list in Microsoft Word format (auto numbering turned o ) must be emailed to the Courtroom Deputy prior to the trial date and follow the same numbering system as the paper exhibits. This exhibit list can be found here: Judge Benjamin H. Settle Chambers Procedures | Western District of Washington | United States District Court

FormattingMandatoryCivil cases

Newly admitted exhibits during trial require daily email to Courtroom Deputy with description, PDF via email or thumb drive, plus paper copies with new dividers.

Applies to
  • Exhibits

Formatting

  • Submit PDF via email or thumb drive with correct new exhibit number
  • Paper versions with new dividers required

Court's wording

If new exhibits are admitted during trial, counsel must email daily the Courtroom Deputy the description of the admitted exhibit(s) and (depending on number of exhibits or size) must either email the PDF with the correct new exhibit number or deliver a thumb drive with only the newly admitted exhibits attached. Paper versions must also be provided with new dividers.

FormattingMandatory

Each exhibit must be a single PDF document

File type
PDF
Applies to
  • Exhibits
SettleJuryEvidenceElectronicPresenter · p. 1
|SectionSubmitting Electronic Evidence
FormattingMandatory

Exhibits that contain audio or video must be playable in Windows Media Player

SettleJuryEvidenceElectronicPresenter · p. 1
|SectionSubmitting Electronic Evidence
FormattingMandatory

Exhibits must be on a CD or thumb-drive (preferred) in PDF format

Preferred format
PDF
Applies to
  • Exhibits
SettleJuryEvidenceElectronicPresenter · p. 1
|SectionSubmitting Electronic Evidence
FormattingMandatory

An exhibit list in Microsoft Word format must be emailed to the Court prior to the trial date.

File type
Word
Applies to
  • Exhibit list
SettleJuryEvidenceElectronicPresenter · p. 2
|SectionSubmitting Electronic Evidence
FormattingMandatory

Each exhibit must be a single PDF document

File type
PDF
SettleJuryEvidenceElectronicPresenter · p. 1
|SectionSubmitting Electronic Evidence
FormattingMandatory

Exhibits must be on a CD or thumb-drive (preferred) in PDF format

Preferred format
PDF
SettleJuryEvidenceElectronicPresenter · p. 1
|SectionSubmitting Electronic Evidence
FormattingMandatory

Exhibits that contain audio or video must be playable in Windows Media Player

SettleJuryEvidenceElectronicPresenter · p. 1
|SectionSubmitting Electronic Evidence
FormattingImportant

PDF documents should be scanned using Optical Character Recognition if possible and encoded as a searchable PDF

File type
PDF
SettleJuryEvidenceElectronicPresenter · p. 1
|SectionSubmitting Electronic Evidence
FormattingImportant

PDF documents should be scanned using Optical Character Recognition if possible and encoded as a searchable PDF

File type
PDF
SettleJuryEvidenceElectronicPresenter · p. 1
|SectionSubmitting Electronic Evidence

Document Filing Requirements12 rules

Filing RequirementsMandatory

Counsel are expected to submit agreed additional instructions and each side’s disputed proposed instructions with explanations and supporting citations.

Court's wording

Counsel will be expected to submit to the Court (1) any further instructions upon which the opposing parties have conferred and agreed and (2) each side's proposed jury instructions upon which no agreement has been reached, along with explanations and any citations supporting differing positions.

SettleJudgesJuryInstructions · p. 1
|SectionJURY INSTRUCTIONS
Filing RequirementsMandatory

Stipulated motions should be filed as a “stipulated motion” rather than a “stipulation,” “agreed motion,” or “unopposed motion.”

SettleStipulations · p. 1
|SectionSTIPULATIONS
Filing RequirementsMandatory

When filing stipulations, include a proposed order for the Judge to sign and send a Word version of the order to settleorders@wawd.uscourts.gov.

Document
Stipulated motion

Include

  • Proposed order
SettleStipulations · p. 1
|SectionSTIPULATIONS
Filing RequirementsMandatory

Exhibits must be presented to the Court prior to the trial date.

SettleJuryEvidenceElectronicPresenter · p. 1
|SectionSubmitting Electronic Evidence
Filing RequirementsMandatory

Exhibits must be numbered as follows:

SettleJuryEvidenceElectronicPresenter · p. 1
|SectionSubmitting Electronic Evidence
Filing RequirementsMandatory

When filing stipulations, include a proposed order for the Judge to sign

Document
Stipulation

Include

  • Proposed order
SettleStipulations · p. 1
|SectionSTIPULATIONS
Filing RequirementsMandatory

Exhibits must be presented to the Court prior to the trial date.

SettleJuryEvidenceElectronicPresenter · p. 1
|SectionSubmitting Electronic Evidence
Filing RequirementsMandatory

Exhibits must use the specified numbering formats for plaintiff and defendant exhibits.

Court's wording

Exhibits must be numbered as follows: Plaintiff: 00001 Defendant: A0001 00002 A0002 00003 A0003 00003a A0003a

SettleJuryEvidenceElectronicPresenter · p. 1
|SectionSubmitting Electronic Evidence
Filing RequirementsImportant

Each side's set of proposed instructions should also include a proposed verdict form.

SettleJudgesJuryInstructions · p. 1
|SectionJURY INSTRUCTIONS
Filing RequirementsImportant

Exhibits should be numbered as follows on the Word list:

SettleJuryEvidenceElectronicPresenter · p. 2
|SectionSubmitting Electronic Evidence
Filing RequirementsImportant

The Word exhibit list should number plaintiff and defendant exhibits using the specified formats.

Court's wording

Exhibits should be numbered as follows on the Word list: Plaintiff: 1 Defendant: A-1 2 A-2 3 A-3 3a A-3a

SettleJuryEvidenceElectronicPresenter · p. 2
|SectionSubmitting Electronic Evidence
Filing RequirementsNote

Stipulated motions may be noted for the day they are filed, but may not necessarily be signed that day.

SettleStipulations · p. 1
|SectionSTIPULATIONS

Filing & Service rules

Electronic Filing Rules

An exhibit list in Microsoft Word format must be emailed to the Court before the trial date at the specified address.

An exhibit list in Microsoft Word format must be emailed to the Court prior to the trial date. Please email to settleorders@wawd.uscourts.gov

Page 2 | Submitting Electronic Evidence

The Court prefers proposed jury instructions to be filed on ECF and a Word version to be emailed to the specified address.

It is the Court's preference that proposed jury instructions be filed on ECF and a Word version of the instructions submitted via e-mail to settleorders@wawd.uscourts.gov.

Page 1 | JURY INSTRUCTIONS

Chambers Communication Rules

The exhibit list must be emailed to settleorders@wawd.uscourts.gov.

Please email to settleorders@wawd.uscourts.gov

Page 2 | Submitting Electronic Evidence

A Word version of the proposed order must be sent to the specified email address.

send a Word version of the order to settleorders@wawd.uscourts.gov.

Page 1 | STIPULATIONS

Questions about exhibit numbering should be directed by email to the courtroom deputy.

If you have any questions about this numbering requirement, please contact the courtroom deputy at mary_trent@wawd.uscourts.gov

Page 2 | Submitting Electronic Evidence

Questions about exhibit numbering may be directed to the courtroom deputy by email.

If you have any questions about this numbering requirement, please contact the courtroom deputy at mary_trent@wawd.uscourts.gov

Page 2 | Submitting Electronic Evidence

About Senior United States District Judge Benjamin H. Settle

Senior Judge Benjamin H. Settle was appointed to the Western District of Washington by President George W. Bush, taking office on July 9, 2007.

Judge Settle served as a Captain in the United States Army Judge Advocate General Corps from 1973 to 1976, working as both a prosecutor and defense counsel. For three decades from 1977 to 2007, he was a partner at Settle & Johnson PLLC, focusing on civil litigation, business, municipal, and real property law. Throughout his practice, he served as general counsel for several organizations including Mason General Hospital and various public utility districts. He has participated in the Ninth Circuit Jury Instruction Committee since 2010.

Education

  • Willamette University College of Law, J.D., 1972
  • Claremont McKenna College, B.A., 1969

Career

  • Senior U.S. District Judge, Western District of Washington (2007–present)
  • Partner, Settle & Johnson PLLC, civil litigation, business, municipal, and real property law (1977–2007)
  • Captain, U.S. Army Judge Advocate General Corps, prosecutor and defense counsel (1973–1976)
  • Member, Ninth Circuit Jury Instruction Committee (2010–present)

Division: Tacoma Courthouse: United States Courthouse, 1717 Pacific Avenue, Room 3100, Tacoma, WA 98402-3200 Phone: (253) 882-3850

Chambers Staff

  • Courtroom Deputy: (253) 882-3824
  • Case Administrator: (253) 882-3802
Common questions about Judge Benjamin H. Settle's rules

What formatting rules apply to filings before Judge Benjamin H. Settle?

Judge Benjamin H. Settle's formatting rule includes file format PDF, 2 thumb drives per party, submitted to courtroom deputy morning of trial, ocr scanned if possible, searchable pdf, and named per plaintiff (001-499) and defendant (500-forward) numbering. 2 sets of thumb drives for each party must be submitted to the Courtroom Deputy the morning of trial. Exhibits must be in PDF format and should be scanned using Optical Character Recognition if possible and encoded as a searchable PDF.

View ruleSource: page 1, section Submitting Exhibits

What must be included with jury instructions filings before Judge Benjamin H. Settle?

The rule requires legal argument. Counsel are expected to submit agreed additional instructions and each side’s disputed proposed instructions with explanations and supporting citations.

View ruleSource: page 1, section JURY INSTRUCTIONS

What must be included with stipulated motion filings before Judge Benjamin H. Settle?

The rule requires proposed order. When filing stipulations, include a proposed order for the Judge to sign and send a Word version of the order to settleorders@wawd.uscourts.gov.

View ruleSource: page 1, section STIPULATIONS

How may parties contact Judge Benjamin H. Settle's chambers?

The rule lists email settleorders@wawd.uscourts.gov. The exhibit list must be emailed to settleorders@wawd.uscourts.gov.

View ruleSource: page 2, section Submitting Electronic Evidence

Is electronic filing required before Judge Benjamin H. Settle?

Yes. Electronic filing is required for the covered filings. An exhibit list in Microsoft Word format must be emailed to the Court before the trial date at the specified address.

View ruleSource: page 2, section Submitting Electronic Evidence
Complete rules summary for Judge Benjamin H. Settle

Counsel are expected to submit agreed additional instructions and each side’s disputed proposed instructions with explanations and supporting citations.

The Court prefers proposed jury instructions to be filed on ECF and a Word version to be emailed to the specified address.

Each side’s proposed jury instructions should include a proposed verdict form.

Each party must submit 3 paper exhibit binders and 2 electronic thumb drives unless directed otherwise by the Courtroom Deputy.

Duplicate documents are prohibited from being listed more than once on the exhibit list.

Defendant's exhibits must be consecutively numbered starting at 500.

Audio/video exhibits must be playable in Windows Media Player or VLC Media Player, with no unique codecs required.

2 sets of thumb drives for each party must be submitted to the Courtroom Deputy the morning of trial. Exhibits must be in PDF format and should be scanned using Optical Character Recognition if possible and encoded as a searchable PDF. The exhibits should be named the same (see above) as paper exhibits (Plaintiff = 001-499, Defendant = 500-forward).

Plaintiff's exhibits must be consecutively numbered from 001 to 499.

A joint exhibit list in Microsoft Word format (auto numbering off) must be emailed to the Courtroom Deputy before trial, following the paper exhibit numbering system.

All exhibits must be pre-marked by counsel with cause number, exhibit number, and admitted status (left blank) per the specified format.

Newly admitted exhibits during trial require daily email to Courtroom Deputy with description, PDF via email or thumb drive, plus paper copies with new dividers.

Each party must submit 3 paper exhibit sets to the Courtroom Deputy the morning of trial, in binders with tabbed dividers marked Clerk, Judge, Witness.

When filing stipulations, include a proposed order for the Judge to sign and send a Word version of the order to settleorders@wawd.uscourts.gov.

Stipulated motions may be noted on filing day but not necessarily signed that day.

Stipulated motions should be filed as a “stipulated motion” rather than a “stipulation,” “agreed motion,” or “unopposed motion.”

Exhibits must be submitted to the Court before the trial date.

Exhibits must be delivered on CD or preferably thumb-drive and be in PDF format.

Each exhibit must be submitted as its own single PDF file.

PDF exhibits should be OCR-scanned and searchable when possible.

The exhibit list must be emailed to settleorders@wawd.uscourts.gov.

An exhibit list must be prepared in Microsoft Word format and sent before trial.

Questions about exhibit numbering should be directed by email to the courtroom deputy.

The Word exhibit list should use the specified numbering convention.

Any exhibit with audio or video must be compatible with Windows Media Player.

Exhibits must follow the Court’s specified numbering format.

A Word version of the proposed order must be sent to the specified email address.

Stipulations must include a proposed order for the Judge to sign.

Exhibits must be presented to the Court before the trial date.

Exhibits must be provided on a CD or thumb drive, with a thumb drive preferred, in PDF format.

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