Judge Jamal N. Whitehead
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Exhibits
- 1 copy
Adjournments
- Parties may extend certain pre-dispositive-motion deadlines by Stipulated Notice rather than motion only if all four stated conditions are satisfied.
- Requests for relief from court deadlines must follow the Local and Civil Rules.
- Parties may agree to extend the time to answer or otherwise respond to a complaint without filing a stipulation with the Court.
- +3 more
Request must include
Communication
Chambers5 contacts
Other Contacts2 contacts
Clerk1 contacts
Page & Word Limits5 rules
The initial moving part files its combined opposition/reply brief, which may not exceed 10,500 words.
- Opposition reply brief
- Up to 10,500 words in total
The opposing party files its combined opening/opposition brief, which may not exceed 10,500 words.
- Opening opposition brief
- Up to 10,500 words in total
The opposing party files its reply brief, not to exceed 4,200 words.
- Reply brief
- Up to 4,200 words
The initial moving party files opening brief, which may not exceed 8,400 words.
- Opening brief
- Up to 8,400 words
Attorney voir dire: 20 minutes initial, 10 minutes follow-up, must avoid repetitive/irrelevant questions.
Court's wording
Following the Courts screening, counsel may examine the panel members directly. The Court will establish time limits for attorney-led voir dire at the pretrial conference, but regardless of time, the Court will instruct counsel to move on with the examination if questioning becomes too repetitive or irrelevant, or if counsel tries to argue the merits of the case. Typically, the parties will be given an initial 20 minutes for questioning, followed by another 10 minutes of follow-up questions.
Document Format Requirements12 rules
All PDFs submitted to the Court must be text-searchable.
- File type
Footnotes must be single spaced and 12-point font or larger.
- Font size
- At least 12 points
- Line spacing
- Single
- Footnote
15-minute recesses at 10:30 a.m. and 2:45 p.m., lunch recess 12:00-1:30 p.m., counsel available by 1:15 p.m.
- Margins
- Left 1 inch; Right 1 inch
Court's wording
15-minute recesses will be taken at 10:30 a.m. and 2:45 p.m. And a lunch recess will be taken from 12:00 to 1:30 p.m., although counsel should be ready and available to address any trial matters that need to be discussed outside the presence of the jury, if any, by 1:15 p.m.
Courtroom opens at 8:15 a.m., counsel ready by 8:30 a.m., trial starts at 9:00 a.m., ends at 4:15 p.m.
Court's wording
The courtroom is open to the parties starting at around 8:15 a.m. each day. Counsel should be ready and available to address pretrial matters, if any, by 8:30 a.m. Trial will begin promptly at 9:00 a.m. and end each day at 4:15 p.m.
Voir dire will unfold on Zoom in successive panels since not all prospective jurors will fit on a display screen at once. Panels will typically consist of 12-15 jurors per panel.
Each set of exhibits must be submitted in a three-ring binder with appropriately numbered tabs.
- Binding
- Three-ring binder
- Trial exhibits
Electronic exhibits must be one file per exhibit, max 80 characters in filename.
Court's wording
electronic exhibits must be transmitted individually (i.e., one exhibit per file), but exhibits may have multiple pages; Exhibit file names should match the descriptions listed on the joint exhibit list as closely as possible except that file names should not exceed 80 characters
Use slip sheets to separate and identify exhibits when one or more exhibits are attached to a document or grouped together and filed as one (e.g., “Exhibit A,” and nothing more on the page).
Any PDF document longer than 14 pages should also include electronic bookmarks or an outline with links embedded in the file.
- More than 14 pages
- File type
Use slip sheets to separate and identify attached exhibits or exhibits grouped and filed together.
Court's wording
Use slip sheets to separate and identify exhibits when one or more exhibits are attached to a document or grouped together and filed as one (e.g., “Exhibit A,” and nothing more on the page).
For submissions longer than 14 pages (regardless of word count), please include a table of contents.
- More than 14 pages
Formatting
- •Include a table of contents
Plaintiff exhibits numbered 1+, Defendant exhibits prefixed A-1+.
Court's wording
The Court alters the LCR 16 procedure for numbering exhibits as follows: Plaintiff’s exhibits should be numbered consecutively beginning with 1; Defendant’s exhibits should include the prefix “A” and should be numbered consecutively beginning with A-1.
Document Filing Requirements29 rules
Each exhibit must be clearly pre-marked.
A discovery motion must specifically state its grounds and requested relief or it will be denied.
Court's wording
If a discovery motion is filed, the moving party must clearly state—in specific terms—the grounds for seeking an order and the relief requested. Motions that lack the requisite specificity will be denied.
If all conditions are met, the parties may file a Stipulated Notice signed by all parties, stating as follows:
If a Rule 12(b) motion is filed, it must include a certification of conferral.
- Document
- Motion
Must include
- •Certificate of conference
When filing the pretrial order, the parties must also send a Microsoft Word version of the proposed order, including witness and exhibit lists, to whiteheadorders@wawd.uscourts.gov.
- Document
- Pretrial order
Must include
- •Word version
- •Whiteheadorders@wawd.uscourts.gov
Jury will have 7-12 members with no alternates.
Court's wording
The jury will consist of no fewer than seven (7) and no more than 12 members, and there will be no alternates. The Court will advise the parties at the pretrial conference how many jurors will be empaneled.
Court will use yes/no screening questions to identify hardships and conflicts.
Court's wording
The Court will examine the prospective jurors using “screening” questions to identify hardships and conflicts. (Judge Whitehead’s standard screening questions can be found on his court web page). These questions can generally be answered with a “yes” or “no” response.
As much as possible, the parties should agree on one stipulated set of proposed jury instructions. Only true uncertainty about the binding substantive law should prevent such agreement.
Each side gets 3 peremptory challenges using alternating strike sheet, starting with plaintiff.
Court's wording
Following each panel, the parties may challenge for cause. Once all challenges for cause have been heard, the Court will hear peremptory challenges. Each side ordinarily has three peremptory challenges, which will be made using a “strike sheet” in alternating fashion, beginning with the plaintiff.
Peremptory challenges must not be used to exclude potential jurors for discriminatory reasons. See Batson v. Kentucky, 476 U.S. 79 (1986).
Electronic PDF copies of all exhibits with OCR must be sent 7 days before trial.
Court's wording
In addition, no later than seven (7) days before the trial date, the parties must send an electronic copy of all exhibits in PDF format with Optical Character Recognition (OCR) searchable text to Mr. Cogswell.
The parties must deliver the original trial exhibits and one copy to Judge Whitehead’s Courtroom Deputy, Grant Cogswell, five (5) days before the trial date.
At the close of each trial day, counsel must exchange a list of witnesses and exhibits (other than those used for impeachment of an adverse witness) that may be offered into evidence the next day. The first list should be exchanged two days before the first trial day.
Highlighted deposition transcripts with color-coded designations required for deposition testimony.
- Document
- Deposition transcripts
Must include
- •Typed objections
- •Highlighted transcript
Court's wording
The parties must follow LCR 32(e), except that for each deponent the parties intend to offer deposition testimony instead of, or in addition to, live testimony, they must file (1) a single copy of the highlighted deposition transcript, with designations and counter designations highlighted in different colors, including typed objections
Proposed jury instructions should be identified as Preliminary, In-Trial, or Final.
Court's wording
The parties should identify whether a proposed instruction is Preliminary (i.e., to be given at the start of trial), In-Trial (i.e., to be given, as necessary, during trial), or Final (i.e., to be given at the conclusion of evidence).
The parties request that the Clerk of the Court reset the deadlines as noticed.
Absent extraordinary circumstances, trial will not be delayed because of technical difficulties.
Attorneys who fail to give the Court prompt notice of settlement may be subject to sanctions or discipline under LCR 11(b).
As much as possible, the parties should agree on one stipulated set of proposed jury instructions. Only true uncertainty about the binding substantive law should prevent such agreement.
Judge Whitehead uses specific Ninth Circuit Model Civil Jury Instructions for preliminary instructions.
Court's wording
Judge Whitehead's standard preliminary jury instructions include Ninth Circuit Model Civil Jury Instruction Nos. 1.3, 1.5, 1.6 or 1.7 (when applicable), 1.9, 1.10, 1.11, 1.12, 1.13, 1.14, 1.15, 1.16, 1.17, 1.18, 1.20, and 1.21.
The Court will usually follow the current version of the Manual of Model Jury Instructions for the Ninth Circuit or the Washington Pattern Jury Instructions—Civil, where appropriate.
Training on the built-in courtroom equipment is strongly encouraged, and it is the parties’ responsibility to participate in training sufficiently before the start of trial, if needed.
All argument and witness questioning should occur from the courtroom lectern. Do not approach the jury or a witness without permission.
The parties must meet and confer about any disputed deposition designations before submitting them to the Court for a ruling.
The Court invites parties and counsel to share their honorifics or pronouns— such as Ms., Mx., or Mr.—so that the Court may address them respectfully.
For jury trials, unless a video deposition is presented, the party offering deposition testimony must provide a person to read the answers from the witness stand.
Cellphones are allowed inside Judge Whitehead’s courtroom, but they must be turned off when court is in session.
Must include
- •Cellphones allowed
If your laptop or tablet features a digital assistant (e.g., Siri), be sure to disable the voice-prompt or always-listening feature to avoid accidental courtroom interruptions.
Finally, be on time; if you’re able, stand when speaking; address all remarks to the Court, not opposing counsel; be professional and ethical; be courteous and respectful to courtroom staff at all times.
Include
- •Courteous respectful to staff
Filing & Service rules
Electronic Filing Rules
Electronic filing is mandatory for attorneys and optional for self-represented parties.
Electronic filing is mandatory for attorneys and optional for those representing themselves (“pro se”).
Page 6 | 2.4 Letters
Notices of unavailability are not required and should not be filed because they do not affect the schedule or deadlines.
As stated in LCR 83.2, “[n]otices of unavailability are not required.” Please do not file them with the Court, as they have no effect on the case schedule or other court deadlines.
Page 9 | 5.2 Notices of Unavailability
Filing Timing and Cure Windows
Daubert motions must be filed by the dispositive motion deadline in the trial scheduling order.
Daubert motions must be filed by the dispositive motion deadline according to the Court’s trial scheduling order.
Page 11 | 5.7 Daubert motions
All briefing must be complete and ready for the Court by the dispositive motion deadline on the case schedule.
All briefing must be complete and ready for the Court’s consideration consistent with the dispositive motion deadline on the case schedule.
Page 11 | 5.8 Cross-motions for Summary Judgment
Courtesy Copy Requirements
Parties must deliver one physical and one electronic set of trial exhibits to the Courtroom Deputy five days before trial.
The parties must deliver one physical set and one electronic set of the trial exhibits to Judge Whitehead’s Courtroom Deputy, Grant Cogswell, five (5) days before the trial date.
Page 6 | 2.4 Exhibits
Parties need not submit courtesy copies unless the Court orders otherwise.
Unless the Court orders otherwise, parties need not submit courtesy copies of any filings.
Page 4 | 1.2 No Courtesy Copies
Filing Bundling Requirements
Trial schedule may be shortened on Thursdays due to criminal in-custody hearings.
Trial typically runs five days a week, Monday through Friday. Judge Whitehead usually holds in-custody hearings in criminal matters on Thursdays, so there is a chance that trial may be shortened on those days.
Civil cases
Page 3 | Trial Schedule
Offering party must file Joint Submission of Deposition Designations with transcript and chart as separate exhibits.
The party offering the deposition transcript must take lead on filing the transcript and objections as a “Joint Submission of Deposition Designations,” in which the transcript and accompanying deposition designation chart are attached as separate exhibits.
Civil cases
Page 7 | 1.9 Deposition Designations
Pre-Motion Conference Requirements
The Court will deny or strike a discovery motion if the parties fail to meet and confer in good faith.
The Court will deny or strike a discovery motion for failure to meet and confer in good faith.
Page 6 | 3.1 Discovery motions in general
Before filing a discovery motion, parties must meet and confer in good faith and exhaust reasonable alternatives, including affirmative suggestions and compromise aimed at resolving the dispute without court involvement.
Before filing a discovery motion, parties must meet and confer and exhaust all reasonable alternatives to a formal motion. Good faith conferral demands not just an expression of either side’s position, but affirmative suggestions and compromise aimed at achieving the sought-after relief without court involvement.
Page 6 | 3.1 Discovery motions in general
Parties must confer before filing a Rule 12(b) motion to dismiss to determine whether it can be avoided.
confer before filing any Rule 12(b) motion to dismiss to determine whether it can be avoided.
Page 11 | 5. MOTIONS
Before the first brief on cross-motions, the parties must submit a stipulated motion proposing the briefing schedule and word limits.
The parties must submit a stipulated motion proposing a briefing schedule and word-limits on cross motions in advance of the first brief.
Page 11 | 5.8 Cross-motions for Summary Judgment
Parties anticipating cross-motions for summary judgment must file four briefs sequentially, not six briefs in three pairs.
If the parties anticipate cross-motions for summary judgment, they must file four briefs sequentially, rather than three pairs of briefing (i.e., six briefs).
Page 11 | 5.8 Cross-motions for Summary Judgment
Parties may request oral argument, but the Court is not expected to grant requests routinely.
Parties may request oral argument, but they should not count on the Court granting the request as a matter of course.
Page 9 | 5.1 Oral Argument
A motion to dismiss under Rule 12(b) is discouraged when an amended complaint can simply cure the defect, and the parties must meet before proceeding.
A motion to dismiss under Fed. Civ. R. 12(b) is discouraged if the defect can be cured simply by filing an amended complaint. Thus, the parties must meet and
Page 10 | 5.6 Confer before moving to dismiss
A Daubert motion may not be presented or renewed as a later-filed motion in limine.
Daubert motions may not be presented or renewed as a later-filed motion in limine.
Page 11 | 5.7 Daubert motions
A motion’s noting date is distinct from its hearing date.
The “noting date” for a motion is different from the hearing date.
Page 9 | 5.1 Oral Argument
If unavailable for a lengthy period, parties should confer with opposing counsel.
Instead, if you’ll be gone for any lengthy period, confer with opposing counsel.
Page 9 | 5.2 Notices of Unavailability
Adjournment & Extension Requirements
Except for the specified stipulated extensions, trial-scheduling-order and Local Civil Rule dates are firm and may be changed only by the Court for good cause.
Other than stipulated extensions as described above, the dates listed in the Court’s trial scheduling order and set by the Local Civil Rules are firm and can only be altered by the Court upon a showing of good cause.
Page 10 | 5.5 Extending Other Deadlines
Parties may extend certain pre-dispositive-motion deadlines by Stipulated Notice rather than motion only if all four stated conditions are satisfied.
The parties may automatically extend deadlines coming due before the dispositive motions deadline by filing a Stipulated Notice, not a motion, with the Court. But all the following conditions must be met: (1) the deadline at issue comes due before the dispositive motions deadline set in the Court’s trial scheduling order; (2) all parties stipulate to the change (non-opposition will not suffice); (3) the parties have not previously extended the deadline at issue; and (4) the stipulation does not alter the date or deadline for any hearing or final submission to the Court related to a hearing.
Page 10 | 5.5 Extending Other Deadlines
Initial case schedule deadlines may be extended by contacting the Courtroom Deputy, without filing a stipulation.
The initial case schedule deadlines may be extended by contacting Judge Whitehead’s Courtroom Deputy. There’s no need to file a stipulation with the Court.
Page 9 | 5.4 Extending Initial Scheduling Order Deadlines
Requests for relief from court deadlines must follow the Local and Civil Rules.
Relief from any court deadline must be sought under the Local and Civil Rules.
Page 9 | 5.2 Notices of Unavailability
The Court generally will not shorten the interval between the dispositive-motion deadline and trial without a really good reason.
Generally, Judge Whitehead will not decrease the time between the dispositive motion deadline and the trial date absent a really good reason.
Page 10 | 5.5 Extending Other Deadlines
Parties may agree to extend the time to answer or otherwise respond to a complaint without filing a stipulation with the Court.
Parties may agree to extend the time for a defendant to answer or otherwise respond to a complaint. So long as the parties agree to an extension, there’s no need to file a stipulation with the Court.
Page 9 | 5.3 Extending Deadline to Answer
Chambers Communication Rules
Jury selection will be conducted via Zoom unless parties object with good cause.
The Court will conduct jury selection over Zoom unless the parties object and good cause is shown why jury selection should not take place through remote video means.
Civil cases
Page 3 | Jury Selection
No one is allowed to record the proceedings by any means. Recording Zoom proceedings without permission from the Court is illegal.
No one is allowed to record the proceedings by any means. Recording Zoom proceedings without permission from the Court is illegal.
Civil cases
Page 4 | Jury Selection
Objections to witnesses/exhibits must be resolved by meet-and-confer, then emailed to courtroom deputy by 8 PM.
If the opposing party objects to any witnesses or exhibits, the parties must meet and confer to resolve any objections and to reach stipulations. If objections remain after conferring, the party offering the disputed exhibit(s) must email Mr. Cogswell by 8:00 p.m. with a list of the disputed exhibit(s) to be offered the next day.
Civil cases
Page 6 | 1.7 Streamlining Evidentiary Disputes
Equipment testing must be scheduled with courtroom deputy at pretrial conference.
At the pretrial conference, the parties must schedule with Mr. Cogswell a time to test any equipment that they wish to use at trial.
Civil cases
Page 6 | 1.8 Courtroom Technology
Parties may email the Court Deputy or Chambers with persistent questions and must copy all counsel of record on emails to Chambers.
If questions persist, parties may contact Judge Whitehead’s Court Deputy, Grant Cogswell, at grant_cogswell@wawd.uscourts.gov, or Chambers directly at whiteheadchambers@wawd.uscourts.gov. Parties must copy all counsel of record on any email to Chambers.
Page 5 | 2.2 Emails
Any email to Chambers must copy all counsel of record.
Parties must copy all counsel of record on any email to Chambers.
Page 5 | 2.2 Emails
Do not contact Chambers by telephone except in emergencies or for matters requiring immediate attention; the listed number is provided for those calls.
Parties should not contact Chambers by telephone. Calls to Chambers are permitted in emergency situations only or for matters that require immediate attention. In those rare situations, call (206) 370-8700.
Page 5 | 2.3 Telephone calls
Do not fax the Court because Chambers has no fax machine.
There is no fax machine in Chambers. Please don’t fax the Court.
Page 6 | 2.5 Faxes
General inquiries to chambers should be emailed to whiteheadchambers@wawd.uscourts.gov.
General Inquiries: whiteheadchambers@wawd.uscourts.gov
Page 2
The CM/ECF Help Desk can be reached by phone at (206) 370-8440 for e-filing technical support.
CM/ECF Help Desk …………………………………………………………..(206) 370-8440
Page 2
The Courtroom Deputy can be reached by phone at (206) 370-8518.
Courtroom Deputy, Grant Cogswell………………………………………..(206) 370-8518
Page 2
Proposed orders should be emailed to whiteheadorders@wawd.uscourts.gov.
Proposed Orders: whiteheadorders@wawd.uscourts.gov
Page 2
Chambers can be reached by phone at (206) 370-8700.
Chambers……………………………………………………………………….(206) 370-8700
Page 2
Parties may email Judge Whitehead's Court Deputy or Chambers with questions, and must copy all counsel of record on any such email.
Most questions to Chambers can be answered by consulting the Federal or Local Rules, the Court’s website, the case scheduling order, or Judge Whitehead’s Chambers Procedures. If questions persist, parties may contact Judge Whitehead’s Court Deputy, Grant Cogswell, at grant_cogswell@wawd.uscourts.gov, or Chambers directly at whiteheadchambers@wawd.uscourts.gov. Parties must copy all counsel of record on any email to Chambers.
Page 4 | 1. CONTACTING CHAMBERS
Parties and counsel may share honorifics or pronouns by email to or in person with the Courtroom Deputy, or when appearing in court.
The Court invites parties and counsel to share their honorifics or pronouns—such as Ms., Mx., or Mr.—so that the Court may address them respectfully. People appearing before the Court may do so by email to, or speaking with, Judge Whitehead’s Courtroom Deputy, or when appearing for court.
Page 9 | 5.3 Pronouns and honorifics
Proposed orders may be sent to whiteheadorders@wawd.uscourts.gov.
Proposed Orders: whiteheadorders@wawd.uscourts.gov
Page 2
General inquiries may be sent to whiteheadchambers@wawd.uscourts.gov.
General Inquiries: whiteheadchambers@wawd.uscourts.gov
Page 2
Chambers may be contacted at (206) 370-8700.
Chambers……………………………………………………………………….(206) 370-8700
Page 2
Direct technical questions about CM/ECF filings to the Help Desk by the listed phone numbers or email.
Technical questions about CM/ECF filings should go to the Help Desk at (206) 370-8440 (choose option 2), (866) 323-9293 (toll free) (choose option 2), or cmecf@wawd.uscourts.gov.
Page 5 | 2.1 In general
If oral argument will be held, the Courtroom Deputy will contact the parties to schedule a mutually workable date and time.
If oral argument is to be held, Judge Whitehead’s Courtroom Deputy will contact the parties to schedule a date and time that work for all concerned.
Page 9 | 5.1 Oral Argument
Counsel must promptly notify Mr. Cogswell at grant_cogswell@wawd.uscourts.gov when case settles.
If your case settles, counsel must notify Mr. Cogswell as soon as possible at grant_cogswell@wawd.uscourts.gov.
Civil cases
Page 7 | 1.10 Settlement
Contact Mr. Cogswell for accommodations or accessibility questions for court appearances.
If you need an accommodation for a court appearance or have accessibility-related questions, please contact Mr. Cogswell.
Civil cases
Page 7 | 1.11 Other Pretrial Guidance
Junior Lawyer Participation Incentives
The Court encourages less-experienced or historically underrepresented attorneys to argue motions and allows multiple attorneys per party to argue a single motion.
The Court encourages attorneys with less experience or from historically underrepresented backgrounds in the federal bar, particularly those who were vital in drafting the underlying filing, to argue motions. The Court will allow more than one attorney to argue per party on a single motion to promote this goal.
Page 9 | 5.1 Oral Argument