Judge Brian A. Tsuchida
Individual Rules, Standing Orders & Policies
Limits & Logistics
Courtesy Copies
Exhibits
- No Later Than Pretrial Conference
Communication
Phone
Chambers
Page & Word Limits1 rule
Length The parties must comply with the length restrictions set forth in Local Rule CR 7(e). The Court may return over-length pleadings or decline to consider arguments presented beyond the specified page limits.
Document Format Requirements5 rules
Unless otherwise directed, the parties shall provide Judge Tsuchida, on the date of trial, their exhibits in a three-ring binder with appropriately numbered tabs.
- Binding
- Three-ring binder
- Exhibits
Formatting
- •Use appropriately numbered tabs
Each exhibit shall be clearly marked.
The United States’ exhibits shall be numbered consecutively beginning with 1; Defendants’ exhibits shall be numbered consecutively beginning 1A.
Pleasings must be on 8.5x11 white paper, double-spaced, with 3-inch top margin on first page, 1-inch other margins, 12-point text, and 10-point footnotes.
- Font size
- At least 12 points
- Line spacing
- Double
- Margins
- Top 3 inches; Bottom 1 inch; Left 1 inch; Right 1 inch
- Paper size
- Letter
Formatting
- •Quotations may be single-spaced
Court's wording
Form Under Local Rule CR 10 all pleadings must be on 8.5 X 11 inch white paper, be typed or clearly written and double spaced except for quotations. Three inches of space shall be left at the top of the first page. All other margins must be at least 1 inch wide. The text must be at least 12 points. Footnotes must be at least 10 points.
Each party shall submit its exhibits in a three-ring binder with appropriately numbered tabs.
- Binding
- Three-ring binder
- Exhibits
Formatting
- •Exhibits must have appropriately numbered tabs
Document Filing Requirements26 rules
Mediation must be completed by specified date with court report
- Document
- Mediation
Must include
- •Court report
Court's wording
(3) The mediation shall be completed no later than __________________, 20__. The mediator shall provide the Court with a report stating when the mediation occurred and whether the case has been resolved.
(2) If the parties are unable to settle the case, they should attempt to agree on a mediator. The Court’s homepage http://www.wawd.uscourts.gov/ has a list of mediators. The parties shall file with the Court the name of the mediator selected. If the parties cannot agree on a mediator, plaintiff’s counsel shall promptly apply to the court for designation of a mediator.
(1) Counsel shall meet and engage in a good faith attempt to negotiate a settlement of the case by __________________, 20__.
- Document
- Settlement negotiation
Must include
- •Good faith attempt
Each party must deliver a confidential settlement memo to chambers by noon on the specified date, including the settlement proposal and efforts to date; helpful exhibits may also be submitted.
Court's wording
Each party shall deliver a settlement memo to chambers by 12:00 noon on [DATE]. These memos are confidential; do not file them with the clerk’s office or serve them on opposing counsel. Settlement memos should help the Court understand the facts, the issues to resolve, the applicable law and the parties’ settlement position. The memo should include a settlement proposal, and describe settlement efforts to date. Exhibits that would help the Court understand the case may also be submitted.
The motion’s noting date shall be placed in the caption.
- Document
- Motion
- Placement
- Caption
The parties shall file their exhibit and witness lists and any revisions with the Court.
The Court will deny motions to extend time unless the parties set forth specific facts that establish an extension is appropriate.
In all cases, counsel shall submit a list of proposed voir dire questions.
The bottom left side of each page shall contain an abbreviated title of the pleading, case number, and page number. The bottom right side of each page shall contain the law firm address and phone number of the presenting attorney. All pleadings shall be dated and signed.
- Document
- Pleading
Must include
- •Case number
The first page of all pleadings must state “United States District Court, Western District of Washington” and contain the docket number, a title, and the identity of the presenting party.
- Document
- Pleading
- Placement
- First page
Must include
- •Case number
The parties shall file their exhibit and witness lists and any revisions with the Court.
Where a defendant seeks to extend the time to file an indictment or information, the defendant normally should also file a signed waiver of his or her right to be charged in a timely manner and right to a speedy trial.
Boilerplate reasons alone—including party agreement, a speedy-trial waiver, or time to negotiate—are insufficient grounds for an extension.
Court's wording
The Court strongly discourages motions that only contain “boiler-plate” reasons. Thus, reasons such as “the agreement of the parties,” “the defendant has filed a speedy trial waiver,” or “the parties need time to negotiate” are, without more, insufficient grounds to grant an extension.
Pre-Trial Counsel should advised the Court whether the case requires an extra-large jury pool and whether the case requires each prospective juror be individually questioned.
Plaintiff’s exhibits shall be numbered consecutively beginning with 1; defendant’s exhibits shall be numbered consecutively beginning with the next number not used by plaintiff.
Each exhibit shall be clearly marked.
The Court finds that it is appropriate to designate this case for mediation under Local Rule CR 39.1. The parties are therefore ORDERED to conduct mediation as set forth below.
Magistrate judges can preside over certain misdemeanors with defendant consent.
Include
- •Consent
Court's wording
With the consent of the defendant, a United States Magistrate Judge may preside over Class A Misdemeanors (1 yr. imprisonment & $100,000 fine) and Class B Misdemeanors - Non Motor Vehicle (6 months imprisonment & $5,000 fine).
United States Magistrate Judges may preside over all infractions (5 days of imprisonment), Class C Misdemeanors (30 days imprisonment), and Class B misdemeanors (6 months imprisonment) involving motor vehicle offenses without the defendant’s consent.
Under this rule the assigned judge decides whether to designate a case for mediation.
Mediation Pursuant to Local Rule CR 39.1 most civil cases are referred for mediation.
Where the parties have consented to proceed before Magistrate Judge Tsuchida, Judge Tsuchida will enter an order indicating whether he has designated the case for CR 39.1 mediation.
The Court may appoint a District or Magistrate Judge to conduct a judicial settlement conference.
Generally, a settlement judge will not be appointed unless the parties have already participated in mediation.
The Court will thereafter enter an order regarding who is required to attend, and the submission of confidential settlement memos.
The parties should not submit or list duplicate documents.
Filing & Service rules
Filing Timing and Cure Windows
Motions for relief from a deadline and motions for protective order are noted at least 14 days after filing, with opposition due within 9 days and reply due within 14 days; the noting-date rule does not apply when a party is under confinement.
Motions are to be noted no earlier than 14 days after filing. Any opposition papers shall be filed and received by the moving party no later than 9 days after the filing date of the motion. Any reply papers shall be filed and received by the opposing party no later than 14 days after the filing of the motion. (This noting date does not apply where a party is under confinement.) • Motions for relief from a deadline • Motions for protective order
Civil cases
Page 1 | Motion Noting Date Requirements: Local Rules CR 7(b) and (d)
For the specified 28-day motions, opposition papers are due within 21 days after filing and reply papers within 28 days.
Motions are to be noted 28 days after filing. Any opposition papers shall be filed and received by the moving party no later than 21 days after the filing date of the motion. Any reply papers shall be filed and received by the opposing party no later than 28 days after the filing of the motion.
Civil cases
Page 1 | Motion Noting Date Requirements: Local Rules CR 7(b) and (d)
The listed motions must be noted for consideration on the day they are filed.
Note the following motions for consideration for the day they are filed: • Stipulated, joint or agreed • Request for over-length motions or briefs • Reconsideration • Joint submissions • Appointment of a mediator • Default and Default Judgment • Ex Parte • Recusal • Temporary restraining order (“TRO”)
Civil cases
Page 1 | Motion Noting Date Requirements: Local Rules CR 7(b) and (d)
The listed dispositive, preliminary-injunction, expert-exclusion, class-certification, and forum-change motions are noted 28 days after filing, with opposition due within 21 days and reply due within 28 days.
Motions are to be noted 28 days after filing. Any opposition papers shall be filed and received by the moving party no later than 21 days after the filing date of the motion. Any reply papers shall be filed and received by the opposing party no later than 28 days after the filing of the motion. • Dispositive motions (dismiss and summary judgment) • Preliminary Injunctions • Exclusion of expert testimony for failure to satisfy Fed. R. Evid. 702/Daubert • Class certification • Changing the forum (remand, transfer, or compel arbitration)
Civil cases
Page 1 | Motion Noting Date Requirements: Local Rules CR 7(b) and (d)
For the specified 14-day motions, opposition papers are due within 9 days after filing and reply papers within 14 days.
Motions are to be noted no earlier than 14 days after filing. Any opposition papers shall be filed and received by the moving party no later than 9 days after the filing date of the motion. Any reply papers shall be filed and received by the opposing party no later than 14 days after the filing of the motion.
Civil cases
Page 1 | Motion Noting Date Requirements: Local Rules CR 7(b) and (d)
Motions must be noted on a weekday that is not a legal holiday.
All motions shall be noted on a weekday, excluding legal holidays.
Civil cases
Page 1 | Motion Noting Date Requirements: Local Rules CR 7(b) and (d)
All motions other than the specified same-day, 14-day, and 28-day motions must be noted at least 21 days after filing, with opposition due within 15 days and reply due within 21 days.
With the exception of the motions specifically set forth herein (same-day, 14- day, and 28-day motions), all other motions are to be noted no earlier than 21 days after filing. Any opposition papers shall be filed and received by the moving party no later than 15 days after the filing date of the motion. Any reply papers shall be filed and received by the opposing party no later than 21 days after the filing of the motion.
Civil cases
Page 1 | Motion Noting Date Requirements: Local Rules CR 7(b) and (d)
Motions in limine must be noted for consideration no later than 12 days before any scheduled Pretrial Conference.
Note for consideration no later than 12 days prior to any scheduled Pretrial Conference
Civil cases
Page 2 | Motions in Limine
Counsel should submit proposed voir dire questions five days before trial.
Five days before trial, counsel should submit a list of proposed voir dire questions.
Criminal cases
Page 1 | Criminal Jury Selection Procedures
Courtesy Copy Requirements
The original and one copy of trial exhibits must be delivered to chambers by the date of the pretrial conference.
The original and one copy of the trial exhibits shall be delivered to Judge Tsuchida's chambers no later than the date the Court holds the pretrial conference.
Civil cases
Page 1 | Civil Trial Exhibits
Sealing & Redaction Procedures
7-day notice required when filing documents claimed as confidential by other parties.
If a party seeks to file a document that another party claims is confidential, the party seeking to file the document shall give at least 7 days notice to the other parties so a motion to seal may be prepared and filed at the same time the document is submitted.
Criminal cases
Page 1 | Motions to Seal: Requirements
Counsel must advise Court on disposition of confidential matters if sealing request is denied.
Counsel shall advise the Court of the requested disposition of confidential matters in the event the Court denies a request to seal (e.g., should the information be removed from the docket rather than be unsealed).
Criminal cases
Page 1 | Motions to Seal: Requirements
Motion to seal must be filed before or with the document to be sealed if parties cannot agree.
If counsel cannot agree, then a properly noted motion to seal must be filed prior to or contemporaneously with the document to be sealed.
Criminal cases
Page 1 | Motions to Seal: Requirements
Motions to seal must comply with Local Rule CR 5(g) and include specific descriptions, facts justifying sealing, and a proposed order.
Parties moving to file documents under seal must comply with Local Rule CR 5(g). All motions to seal, including stipulated motions, must describe with specificity the documents sought to be protected, provide facts justifying sealing, and include a proposed order.
Criminal cases
Page 1 | Motions to Seal: Requirements
Court considers trial evidence, including confidential materials, to be public record unless otherwise determined.
The Court generally considers all evidence presented at trial, including confidential materials, to be matters of public record. Although the parties may move or stipulate to maintaining as confidential any sealed information used at trial, the Court retains the authority to determine what evidence should be part of the public record.
Criminal cases
Page 1 | Motions to Seal: Requirements
Pre-Motion Conference Requirements
Good faith conference required to resolve discovery disputes before filing motion.
All parties are required to make a good faith effort to confer in person or by phone to resolve a discovery dispute under Local Rule CR 37(a)(1)(A).
Page 1 | Discovery Disputes
Adjournment & Extension Requirements
Discovery and non-dispositive motions must be noted no earlier than the 3rd Friday after filing; dispositive motions and preliminary injunction motions must be noted no earlier than the 4th Friday after filing.
Special Noting Rules where a party is confined All discovery and non-dispositive motions shall be noted no earlier than the 3rd Friday after filing and service. All dispositive motions and motions seeking preliminary injunctions shall be noted no earlier than the 4th Friday after filing and service. See Local Rule CR 7(d)(2).
Page 1 | Special Noting Rules where a party is confined
Chambers Communication Rules
If immediate judicial involvement is necessary, the parties may request Judge Tsuchida to hear the motion telephonically. Under Local Rule CR 7(i), all counsel to the discovery dispute must participate in making the call to chambers. Counsel may telephone chambers at (206) 370-8930.
If immediate judicial involvement is necessary, the parties may request Judge Tsuchida to hear the motion telephonically. Under Local Rule CR 7(i), all counsel to the discovery dispute must participate in making the call to chambers. Counsel may telephone chambers at (206) 370-8930.
Page 1 | Discovery Disputes
In cases referred to Magistrate Judge Tsuchida for settlement, Judge Tsuchida’s Courtroom Deputy Clerk will contact the parties to schedule the conference.
In cases referred to Magistrate Judge Tsuchida for settlement, Judge Tsuchida’s Courtroom Deputy Clerk will contact the parties to schedule the conference.
Civil cases
Page 1 | Mediation and Judicial Settlement Conferences