Judge Michelle L. Peterson

If your claim arose in King, Snohomish, Skagit, Whatcom or Island Counties, mail your completed forms, the originals and all copies to: Clerk, U.S. District Court 700 Stewart Street, Suite 2310 Seattle WA 98101-1271

If your claim arose in King, Snohomish, Skagit, Whatcom or Island Counties, mail your completed forms, the originals and all copies to: Clerk, U.S. District Court 700 Stewart Street, Suite 2310 Seattle WA 98101-1271

Page 1 | Instructions for Prisoners Seeking to File a Civil Rights Complaint Pursuant to 42 U.S.C. § 1983

If your claim arose in Clallam, Clark, Cowlitz, Grays Harbor, Jefferson, Kitsap, Lewis, Mason, Pacific, Pierce, Skamania, Thurston, or Wahkiakum Counties, mail your completed forms, the originals and all copies to: Clerk, U.S. District Court 1717 Pacific Ave, Room 3100 Tacoma WA 98402

If your claim arose in Clallam, Clark, Cowlitz, Grays Harbor, Jefferson, Kitsap, Lewis, Mason, Pacific, Pierce, Skamania, Thurston, or Wahkiakum Counties, mail your completed forms, the originals and all copies to: Clerk, U.S. District Court 1717 Pacific Ave, Room 3100 Tacoma WA 98402

Page 1 | Instructions for Prisoners Seeking to File a Civil Rights Complaint Pursuant to 42 U.S.C. § 1983

Prisoners at facilities covered by the initiative may satisfy the mailing requirement by submitting documents to the appropriate facility person for electronic transmission to the Court.

NOTE: If you are housed at a Department of Corrections facility subject to the Prisoner Electronic Filing Initiative pursuant to General Orders 02-15 and 06-16, you may fulfill this mailing requirement by submitting your documents to the appropriate person at your facility who will transmit your documents electronically to the U.S. District Court.

Page 1 | Instructions for Prisoners Seeking to File a Civil Rights Complaint Pursuant to 42 U.S.C. § 1983

Submit the $400 filing fee or an in forma pauperis application with a certified prisoner-account copy.

You must submit either the full $400.00 filing fee or a completed in forma pauperis application, including a certified copy of your prisoner account.

Page 1 | Instructions for Prisoners Seeking to File a Civil Rights Complaint Pursuant to 42 U.S.C. § 1983

Counsel must file original plus 3 copies; pro se petitioners file only original.

An original and three copies of the petition shall be filed by counsel for the petitioner. A pro se petitioner need only file the original.

Civil cases

Page 147 | Filing

Courtesy copies are not required unless specifically ordered by the Court.

(9) Courtesy Copies. Courtesy copies are not required unless otherwise ordered by the Court. Parties should consult their assigned judge’s web page at www.wawd.uscourts.gov for standing orders and guidance regarding courtesy copies.

Civil cases

Page 33 | Courtesy Copies

Courtesy copies not required for TRO motions unless court orders otherwise.

(6) Courtesy Copy: Courtesy copies are not required unless otherwise ordered by the Court. Parties should consult their assigned judge’s web page at www.wawd.uscourts.gov for standing orders and guidance regarding courtesy copies.

Civil cases

Page 104 | LCR 65(b)(6)

Motion to seal must include meet-and-confer certification with date, manner, and participants.

(3) A motion to seal a document, even if it is a stipulated motion, must include the following: (A) A certification that the party has met and conferred with all other parties in an attempt to reach agreement on the need to file the document under seal, to minimize the amount of material filed under seal, and to explore redaction and other alternatives to filing under seal; this certification must list the date, manner, and participants of the conference;

Civil cases

Page 17 | (3)(A)

Parties must redact sensitive information unless filing under seal is unavoidable.

(B) Parties must protect sensitive information by redacting sensitive information (including, but not limited to, the mandatory redactions of LCR 5.2) that the court does not need to consider. A party who cannot avoid filing a document under seal must comply with the remainder of this rule.

Civil cases

Page 17 | (B)

Sealed documents must be marked “FILED UNDER SEAL” on the first page.

A party filing a document under seal shall prominently mark its first page with the phrase “FILED UNDER SEAL.”

Civil cases

Page 17 | (2)(B)

Documents may be filed under seal only with statutory authorization or by filing a motion to seal simultaneously.

(2) A party may file a document under seal in only two circumstances: (A) If a statute, rule, or prior court order expressly authorizes the party to file the document under seal; or (B) If the party files a motion or stipulated motion to seal the document before or at the same time the party files the sealed document. Filing a motion or stipulated motion to seal permits the party to file the document under seal without prior court approval pending the court’s ruling on the motion to seal. The document will be kept under seal until the court determines whether it should remain sealed.

Civil cases

Page 17 | (2)

Motion to seal must explain legal standard, interests, injury, and why alternatives are insufficient.

(3) A motion to seal a document, even if it is a stipulated motion, must include the following: (B) A specific statement of the applicable legal standard and the reasons for keeping a document under seal, including an explanation of: i. the legitimate private or public interests that warrant the relief sought; ii. the injury that will result if the relief sought is not granted; and iii. why a less restrictive alternative to the relief sought is not sufficient

Civil cases

Page 17 | (3)(B)

Motions, oppositions, and replies should rarely be sealed; if necessary, file redacted version publicly and unredacted version under seal with motion to seal.

(5) Only in rare circumstances should a party file a motion, opposition, or reply under seal. A party who cannot avoid including confidential information in a motion, opposition, or reply must follow this procedure: (A) The party shall redact the confidential information from the motion, opposition, or reply and publicly file the redacted motion, opposition, or reply; and (B) The party shall file the unredacted motion, opposition, or reply under seal, accompanied by a motion or stipulated motion to seal the unredacted motion, opposition, or reply in compliance with part (3) above.

Civil cases

Page 18 | (5)

Paper copies of sealed documents must be in envelope marked with case caption and “FILED UNDER SEAL.”

(9) When a party files a paper copy of a sealed document, the party shall seal the document in an envelope marked with the case caption and the phrase “FILED UNDER SEAL.” This requirement applies to pro se parties and others who are exempt from mandatory electronic filing and to parties submitting courtesy copies.

Civil cases

Page 18 | (9)

Minimize sealed documents; exhibits must be filed separately with placeholder page.

(4) A party must minimize the number of documents it files under seal and the length of each document it files under seal. Where the document to be sealed is an exhibit to a document filed electronically, an otherwise blank page reading “EXHIBIT __ FILED UNDER SEAL” shall replace the exhibit in the document filed without sealing, and the exhibit to be filed under seal shall be filed as a separate sealed docket entry.

Civil cases

Page 18 | (4)

Redact dates of birth to year only, unless deceased.

(1) Dates of Birth - redact to the year of birth, unless deceased

Civil cases

Page 20 | LCR 5.2(a)(1)

Parties must redact personal data identifiers from all filings and exhibits.

Parties shall refrain from including, or shall partially redact where inclusion is necessary, the following personal data identifiers from all documents filed with the court or used as exhibits in any hearing or at trial, to include state court records filed in removal actions, unless otherwise ordered by the court:

Civil cases

Page 20 | LCR 5.2(a)

Social Security and immigration cases require sealed administrative records.

Unless the court orders otherwise, in an action for benefits under the Social Security Act and in an immigration action or proceeding relating to an order of removal, to relief from removal, or to immigration benefits or detention, the administrative record must be filed under seal, and the court will maintain it under seal.

Civil cases

Page 20 | LCR 5.2(c)

Redact passport and driver license numbers in their entirety.

(5) Passport Numbers and Driver License Numbers - redact in their entirety

Civil cases

Page 20 | LCR 5.2(a)(5)

Redact minor children's names to initials, unless deceased or over 18.

(2) Names of Minor Children - redact to the initials, unless deceased or currently over the age of 18

Civil cases

Page 20 | LCR 5.2(a)(2)

Redact SSNs and TINs in their entirety.

(3) Social Security Numbers and Taxpayer-Identification Numbers- redact in their entirety

Civil cases

Page 20 | LCR 5.2(a)(3)

Redact financial accounting information to last four digits.

(4) Financial Accounting Information - redact to the last four digits

Civil cases

Page 20 | LCR 5.2(a)(4)

Excerpts of sealed records must be redacted or filed under seal.

A party filing any excerpt of the record separately must redact all personal information in accordance with LCR 5.2(a) or move to file the document under seal in accordance with LCR 5(g).

Civil cases

Page 20 | LCR 5.2(c)

(15) Sealing of Award. The contents of any arbitration award shall not be made known to any judge who might be assigned to the case:

(15) Sealing of Award. The contents of any arbitration award shall not be made known to any judge who might be assigned to the case:

Civil cases

Page 79 | Sealing of Award

(15) Sealing of Award. The contents of any arbitration award shall not be made known to any judge who might be assigned to the case: (A) except as necessary for the court to determine whether to assess costs of attorney’s fees; (B) until the district court has entered final judgment in the action or the action has been otherwise terminated; or (C) except for purposes of preparing required reports.

(15) Sealing of Award. The contents of any arbitration award shall not be made known to any judge who might be assigned to the case: (A) except as necessary for the court to determine whether to assess costs of attorney’s fees; (B) until the district court has entered final judgment in the action or the action has been otherwise terminated; or (C) except for purposes of preparing required reports.

Civil cases

Page 79 | Sealing of Award

Court filings, including complaint exhibits and attachments, must replace specified personal information with abbreviated identifying information.

Under Federal Rule of Civil Procedure 5.2, papers filed with the court, including exhibits or attachments to a complaint, may not contain certain information, which must be modified as follows: Do not include: Instead, use: • a full social security number  the last four digits • a full birth date  the birth year • the full name of a minor  the minor’s initials • a complete financial account number  the last four digits

Page 3 | Warnings

Denied motions to seal result in unsealing unless withdrawal is requested; withdrawn documents cannot be referenced.

(6) When the court denies a motion to seal, the clerk will unseal the document unless (1) the court orders otherwise, or (2) the party who is relying on the sealed document requests in the motion to seal or response that, if the motion to seal is denied, the court withdraw the document from the record rather than unseal it. If a document is withdrawn on this basis, the parties shall not refer to it in any pleadings, motions or other filings, and the court will not consider it.

Civil cases

Page 18 | (6)

Personal identifying information must be redacted from all filings

Remember that you must remove certain personal identifying information in all papers filed with the Court. This includes dates of birth, names of minor children, social security numbers, financial account numbers, passport and driver license numbers.

Page 1 | C. Complete and File the Pro Se Complaint Form with the Court

Parties or non-parties may file motions to unseal sealed documents.

(8) Parties may file a motion or stipulated motion requesting that the court unseal a document. A non-party seeking access to a sealed document may intervene in a case for the purpose of filing a motion to unseal the document.

Civil cases

Page 18 | (8)

Sealed documents remain sealed until further court order.

(7) When a court grants a motion to seal or otherwise permits a document to remain under seal, the document will remain under seal until further order of the court.

Civil cases

Page 18 | (7)

Magistrate judges can order sealing/unsealing of documents by the clerk.

(n) Have authority to order the sealing and unsealing of documents by the clerk of the court;

Page 9 | OTHER DUTIES OF FULL-TIME MAGISTRATE JUDGES

Dispositive motions (dismissal, summary judgment, etc.) must be filed together with supporting papers.

otherwise ordered by the court, parties shall file all motions to dismiss, motions for summary judgment and other dispositive motions, together with supporting papers.

Civil cases

Page 41 | bundling

Cross motions should have agreed briefing schedule; court may combine memoranda and forgo replies for summary judgment.

Parties anticipating filing cross motions are encouraged to agree on a briefing schedule and to submit it to the court for approval through a stipulated motion and proposed order. The court may order parties filing cross motions for summary judgment to combine their memoranda and forgo reply briefs in exchange for an enlarged response brief.

Civil cases

Page 27 | Motion Procedures

Cross motions must be noted per local rules; court typically considers them together even if noted for different days.

A party filing a cross motion must note it in accordance with the local rules. Even if the motion and cross motion are noted for different days, the court will typically consider them together.

Civil cases

Page 27 | Motion Procedures

(a) Motion to Consolidate If a party seeks to have its case consolidated with one or more cases pending in this district, the party may file a motion to consolidate the cases. If possible, the motion to consolidate should be filed in the earliest filed case, with a notice of the motion filed in the later filed case(s). If a party is unable to file the motion to consolidate in the earliest filed case, for example because it is not a party to that case, it may file the motion in its own case. The motion will be heard by the judge to whom the earliest filed case is assigned. Unless all cases are pending before the same judge, the court will consider, as a preliminary matter, whether to transfer the cases to ensure that all related cases are pending before the same judge.

(a) Motion to Consolidate If a party seeks to have its case consolidated with one or more cases pending in this district, the party may file a motion to consolidate the cases. If possible, the motion to consolidate should be filed in the earliest filed case, with a notice of the motion filed in the later filed case(s). If a party is unable to file the motion to consolidate in the earliest filed case, for example because it is not a party to that case, it may file the motion in its own case. The motion will be heard by the judge to whom the earliest filed case is assigned. Unless all cases are pending before the same judge, the court will consider, as a preliminary matter, whether to transfer the cases to ensure that all related cases are pending before the same judge.

Civil cases

Page 88 | LCR 42(a)

Other prisoner cases are randomly assigned to both District and Magistrate Judges.

The Clerk shall assign all other prisoner cases, upon filing, both to a District Judge and to a Magistrate Judge. Both judges shall be randomly selected from the judges in the division in which the case is properly filed.

Page 2 | Prisoner Cases

Social Security cases are randomly assigned to Magistrate Judges upon filing.

The Clerk shall randomly assign to a Magistrate Judge, upon filing, cases in which plaintiff seeks review, under 42 U.S.C. §405(g), of the decision of the Commissioner of Social Security.

Page 2 | Social Security Cases

28 U.S.C. § 2255 cases are assigned to the sentencing District Judge.

The Clerk shall directly assign cases filed pursuant to 28 U.S.C. § 2255 to the District Judge who imposed the sentence.

Page 2 | Prisoner Cases

Some other civil cases are randomly assigned to Magistrate Judges.

The Clerk shall randomly assign some of these cases, upon filing, to the Magistrate Judges.

Page 3 | Other Civil Cases

Motions to shorten time are not permitted.

Motions to shorten time have been abolished.

Civil cases

Page 21 | LCR 6(b)

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).

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).

Civil cases

Page 22 | LCR 7(b)(3)

Opposition briefs must be filed and served within time prescribed in LCR 7(d).

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).

Civil cases

Page 22 | LCR 7(b)(2)

Unless otherwise ordered by the court, all motions will be decided by the court without oral argument. Counsel shall not appear on the date the motion is noted unless directed by the court. A party desiring oral argument shall so indicate by including the words “ORAL ARGUMENT REQUESTED” in the caption of its motion or responsive memorandum.

Unless otherwise ordered by the court, all motions will be decided by the court without oral argument. Counsel shall not appear on the date the motion is noted unless directed by the court. A party desiring oral argument shall so indicate by including the words “ORAL ARGUMENT REQUESTED” in the caption of its motion or responsive memorandum.

Civil cases

Page 22 | LCR 7(b)(4)

Opposition papers for 28-day motions must be filed within 21 days.

Any opposition papers shall be filed and received by the moving party no later than 21 days after the filing date of the motion.

Civil cases

Page 23 | 28-Day Motions

Same-day motions include stipulated, joint, unopposed motions, and specific motion types.

Same Day Motions. Stipulated, joint or unopposed motions (see for example LCR 10(g)), motions to file over-length motions or briefs (see LCR 7(f)), motions for reconsideration (see LCR 7(h)), joint submissions pursuant to the optional procedure established in LCR 37(a)(2), motions to appoint a mediator (LCR 39.1(c)(3)), motions for default (see LCR 55(a)), requests for the clerk to enter default judgment (see LCR 55(b)(1)), ex parte motions, motions for the court to enter default judgment where the opposing party has not appeared (see LCR 55(b)(2)), motions to recuse (see LCR3(f)), and motions for a temporary restraining order ("TRO") (see LCR 65) shall be noted for consideration for the day they are filed.

Civil cases

Page 23 | Same Day Motions

Reply papers for 14-day motions must be filed within 14 days.

Any reply papers shall be filed and received by the opposing party no later than 14 days after the filing date of the motion.

Civil cases

Page 23 | 14-Day Motions

Motions for relief from deadline and protective orders require 14-day notice.

14-Day Motions. Motions for relief from a deadline, and motions for protective order, shall be noted for consideration no earlier than 14 days after filing.

Civil cases

Page 23 | 14-Day Motions

Major dispositive motions require 28-day notice.

28-Day Motions. Motions to dismiss, motions for summary judgment, motions seeking a preliminary injunction, motions to exclude expert testimony for failure to satisfy Fed. R. Evid. 702/Daubert, motions for class certification, and motions directed toward changing the forum (through remand, transfer, or to compel arbitration) shall be noted for consideration no earlier than 28 days after filing.

Civil cases

Page 23 | 28-Day Motions

Deadlines falling on weekends or holidays are extended to the next business day.

If the deadline for a party's response or reply to a motion falls on a date that is a Saturday, Sunday, or legal holiday as defined by Fed. R. Civ. P. 6, the party's response or reply is due on the following day that is not a Saturday, Sunday, or legal holiday.

Civil cases

Page 23 | Deadlines on Weekends or Holidays

Mail service requires 3-day earlier deadline for opposition papers.

If any opposition papers required to be served under LCR 7(d) are served via mail, the deadline for filing and serving such opposition papers shall be 3 days earlier than the deadlines provided in LCR 7(d)(2), 7(d)(3), or 7(d)(4). If doing so places the deadline on a Saturday, Sunday, or legal holiday, the opposition brief shall be filed and served on the next earliest date that is not a Saturday, Sunday, or legal holiday.

Civil cases

Page 23 | Service by Mail

Opposition papers for 21-day motions must be filed within 15 days.

Any opposition papers shall be filed and received by the moving party no later than 15 days after the filing date of the motion.

Civil cases

Page 23 | 21-Day Motions

Reply papers for 28-day motions must be filed within 28 days.

Any reply papers shall be filed and received by the opposing party no later than 28 days after the filing date of the motion.

Civil cases

Page 23 | 28-Day Motions

Prisoner cases follow 7-day, 21-day, or 28-day briefing schedules, not 14-day.

Except for petitions for habeas corpus and motions filed pursuant to 28 U.S.C. § 2255, all motions filed in a case in which a party is under civil or criminal confinement shall be subject to the briefing schedule under Rule 7(d)(1), 7(d)(3), or 7(d)(4), not 7(d)(2).

Civil cases

Page 23 | Cases Involving Prisoners and Detainees

Reply papers for 21-day motions must be filed within 21 days.

Any reply papers shall be filed and received by the opposing party no later than 21 days after the filing date of the motion.

Civil cases

Page 23 | 21-Day Motions

21-Day Motions. With the exception of the motions specifically listed in LCR 7(d)(1), 7(d)(2), and 7(d)(4), all other motions shall be noted for consideration no earlier than 21 days from the date of filing.

21-Day Motions. With the exception of the motions specifically listed in LCR 7(d)(1), 7(d)(2), and 7(d)(4), all other motions shall be noted for consideration no earlier than 21 days from the date of filing.

Civil cases

Page 23 | 21-Day Motions

Motions must be noted for consideration on weekdays, excluding legal holidays.

All motions shall be noted for consideration on a weekday, excluding legal holidays. If a motion is filed on a weekend or legal holiday, it will be deemed filed the next business day for purposes of this rule and must be noted accordingly.

Civil cases

Page 23 | Noting Dates for Motions and Briefing Schedules

Opposition papers for 14-day motions must be filed within 9 days.

Any opposition papers shall be filed and received by the moving party no later than 9 days after the filing date of the motion.

Civil cases

Page 23 | 14-Day Motions

As soon as practicable after a case is filed, but no later than either the filing of the proof of service on any defendant or the appearance of any defendant, the court shall order a scheduling conference, or order the submission of a joint status report, or both, unless the judge finds good cause for delay.

As soon as practicable after a case is filed, but no later than either the filing of the proof of service on any defendant or the appearance of any defendant, the court shall order a scheduling conference, or order the submission of a joint status report, or both, unless the judge finds good cause for delay.

Civil cases

Page 40 | LCR 16(a)

Counsel with principal responsibility and all pro se parties must attend scheduling conference.

Counsel with principal responsibility for a case and all pro se parties shall attend the scheduling conference.

Civil cases

Page 40 | LCR 16(a)(1)

Conference of attorneys required 10 days before filing proposed pretrial order.

Not later than ten days prior to the filing of the proposed pretrial order, there shall be a conference of attorneys for the purpose of accomplishing the requirements of this rule.

Civil cases

Page 43 | Conference of Attorneys

Protective order motions require certification of good faith meet and confer conference.

(1) Any motion for a protective order must include a certification, in the motion or in a declaration or affidavit, that the movant has engaged in a good faith meet and confer conference with other affected parties in an effort to resolve the dispute without court action. The certification must list the date, manner, and participants to the conference. If the movant fails to include such a certification, the court may deny the motion without addressing the merits of the dispute. A good faith effort to confer requires a face-to-face meeting or a telephone conference.

Civil cases

Page 55 | LCR 26(c)(1)

Mandatory meet and confer conference before initial status conference or joint status report.

(1) Prior to the initial status conference with the court, if any, or prior to submitting their joint status report, counsel and any pro se parties shall meet and discuss, and address in their joint status report if the court orders one, the topics set forth in Fed. R. Civ. P. 26(f) and the following issues: (A) possibilities for promptly settling or otherwise resolving the case; (B) whether the parties plan to engage in some form of alternative dispute resolution (“ADR”), such as mediation or the individualized trial program set forth in LCR 39.2, when they plan to engage in ADR, or why the parties do not plan to engage in ADR; (C) the existence of any related cases pending before this court or in another jurisdiction as set forth in LCR 3(g) and (h) and a proposal for how to handle the related cases; (D) a statement of how discovery will be managed to promote the expeditious and inexpensive resolution of the case, including but not limited to: (i) forgoing or limiting depositions or exchanging documents informally; (ii) agreeing to share discovery from third parties and the cost of obtaining that discovery; (iii) scheduling discovery or case management conferences with the judge assigned to the case as necessary; (iv) presenting discovery disputes to the court by informal means; (v) requesting the assistance of a magistrate judge for settlement conferences; (vi) requesting to use an abbreviated pretrial order;

Civil cases

Page 56 | LCR 26(f)(1)

Motion to compel discovery must include certification of good faith meet-and-confer attempt with date, manner, and participants.

(1) Meet and Confer Requirement. Any motion for an order compelling disclosure or discovery must include a certification, in the motion or in a declaration or affidavit, that the movant has in good faith conferred or attempted to confer with the person or party failing to make disclosure or discovery in an effort to resolve the dispute without court action. The certification must list the date, manner, and participants to the conference. If the movant fails to include such a certification, the court may deny the motion without addressing the merits of the dispute. A good faith effort to confer with a party or person not making a disclosure or discovery requires a face-to-face meeting or a telephone conference.

Civil cases

Page 69 | LCR 37(a)(1)

Motion for new trial required before appeal; only specific grounds allowed after denial.

Before filing an appeal, a party shall make a motion for a new trial pursuant to subsection (n) of these procedures. If the motion for a new trial is denied, the party may appeal the judgment and seek a new trial only on grounds specified in subsection (n)(3). All other grounds for appeal shall be waived and are not permitted, unless the parties agree otherwise.

Civil cases

Page 85 | Appeal

Parties must meet and confer before filing motion to consolidate; if agreement reached, must file stipulation addressing consolidation and scheduling issues.

(b) Meet and Confer Requirement Prior to filing a motion to consolidate, the parties must meet and confer and attempt to reach agreement regarding whether the cases should be consolidated and whether consolidation should extend through trial. If they agree, the parties must file a stipulation to consolidate in all of the cases to be consolidated. The stipulation should also address, to the extent possible, any scheduling issues implicated by consolidation such as which case schedule should govern in the consolidated action.

Civil cases

Page 88 | LCR 42(b)

No motion for judgment by default should be filed against any party unless the court has previously granted a motion for default against that party pursuant to LCR 55(a) or unless default otherwise has been entered.

No motion for judgment by default should be filed against any party unless the court has previously granted a motion for default against that party pursuant to LCR 55(a) or unless default otherwise has been entered.

Civil cases

Page 99 | LCR 55(b)(1)

Objections to magistrate judge recommended dispositions must be filed within 14 days and noted on motions calendar.

A party must file and serve any objections to a magistrate judge’s recommended disposition within 14 days after being served unless the court enlarges the time period in a specific case. The party filing the objections must note them on the motions calendar pursuant to LCR 7 for a date no earlier than 14 days after the objections are filed. Any response to the objections must be filed by the day before the noting date. No reply will be considered.

Civil cases

Page 110 | LCR 72(b)

Objections to magistrate judge orders must be noted for consideration on filing day; responses only if court requests.

Any objection filed pursuant to this subsection must be noted for consideration for the day it is filed. No response shall be filed unless requested by the court. The request will set a date when the response is due, and may limit briefing to particular issues or points raised by the objections, may authorize a reply, and may prescribe word or, if written by hand or typewriter, page limitations.

Civil cases

Page 110 | LCR 72(a)

Court must set status conference after record filing to determine schedule

(3) As soon as practicable after the filing of the record, the court shall set a status conference to determine a schedule for further proceedings.

Civil cases

Page 149 | Procedures for Considering the Petition

Parties must be prepared to discuss ADR procedures at scheduling conference.

Counsel and all pro se parties shall be prepared to discuss at the scheduling conference those matters listed in Fed. R. Civ. P. 16(c)(2) and 26(f) and LCR 26(f) and to state whether there is a significant possibility that early and inexpensive resolution of the case would be fostered by any alternative dispute resolution ("ADR") procedure, as described in LCR 39.1 and 39.2.

Civil cases

Page 40 | LCR 16(a)(1)

Pending state court motions not considered unless refiled in federal court.

If a motion is pending and undecided in the state court at the time of removal, it will not be considered unless and until the moving party files and notes the motion on this court’s calendar in accordance with LCR 7(d).

Civil cases

Page 142 | LCR 101(d)

Removal timing applies even without specified damages if amount exceeds jurisdiction.

If the complaint filed in state court does not set forth the dollar amount prayed for, a removal petition shall nevertheless be governed by the time limitation of 28 U.S.C. § 1446(b) if a reasonable person, reading the complaint of the plaintiff, would conclude that the plaintiff was seeking damages in an amount greater than the minimum jurisdictional amount of this court.

Civil cases

Page 142 | LCR 101(a)

Motions are normally decided within 30 days of the noting date.

All motions will be decided as soon as practicable, and normally within thirty days following the noting date.

Civil cases

Page 22 | LCR 7(b)(5)

Final pretrial conference may be scheduled at court's discretion.

The court may, in its discretion, schedule a final pretrial conference.

Civil cases

Page 44 | Final Pretrial Conference

Expedited joint motion procedure available for discovery motions by agreement.

(2) Expedited Joint Motion Procedure. A motion for an order compelling disclosure or discovery may be filed and noted in the manner prescribed in LCR 7(d)(3). Alternatively, the parties may, by agreement, utilize the expedited procedure set forth in this subsection. If the parties utilize this procedure, the motion may be noted for consideration for the day the motion is filed.

Civil cases

Page 69 | LCR 37(a)(2)

Expedited joint motion procedure available for motions to seal, relief from deadline, and motions in limine by agreement.

(I) If all parties agree to do so, they may use the expedited joint motion procedure for other types of motions, including but not limited to motions to seal, motions for relief from a deadline, and motions in limine. The timing and procedure shall be the same as set forth above except that (1) instead of setting forth the disputed discovery request and the opposing party’s objection/response thereto, the moving party should set forth the relief requested and the legal authority that supports the requested relief, and (2) the moving party must submit a proposed order that sets forth the relief requested.

Civil cases

Page 70 | LCR 37(a)(2)(I)

When the Local Rules or a court order permits a party to act within a period of time stated in days or a longer unit of time and the last day of the period is a Saturday, Sunday, or legal holiday, as defined by Fed. R. Civ. P. 6, the time period continues to run until the following day that is not a Saturday, Sunday, or legal holiday. “Following day” is determined by counting only forward in time. If an order of the court sets a specific calendar date by which a party must act, the date is not extended even if it falls on a Saturday, Sunday, or legal holiday unless otherwise ordered by the court. If access to the electronic filing system is not available due to failure of the court’s filing system(s) for a period longer than two hours, or any period after 5pm, or if the courthouse is closed for unanticipated reasons, filing deadlines are extended to the next business day. If the closure results in a party having additional time to file a response to a motion, then the deadline for the party filing a reply shall be extended by the same number of days.

When the Local Rules or a court order permits a party to act within a period of time stated in days or a longer unit of time and the last day of the period is a Saturday, Sunday, or legal holiday, as defined by Fed. R. Civ. P. 6, the time period continues to run until the following day that is not a Saturday, Sunday, or legal holiday. “Following day” is determined by counting only forward in time. If an order of the court sets a specific calendar date by which a party must act, the date is not extended even if it falls on a Saturday, Sunday, or legal holiday unless otherwise ordered by the court. If access to the electronic filing system is not available due to failure of the court’s filing system(s) for a period longer than two hours, or any period after 5pm, or if the courthouse is closed for unanticipated reasons, filing deadlines are extended to the next business day. If the closure results in a party having additional time to file a response to a motion, then the deadline for the party filing a reply shall be extended by the same number of days.

Civil cases

Page 21 | LCR 6(a)

Over-length motion requests must be filed 3 days before deadline; limited to 700 words/2 pages

Motions seeking approval to file an over-length motion or brief are disfavored but may be filed subject to the following: (1) The motion shall be filed as soon as possible but no later than three days before the underlying motion or brief is due, and shall be noted for consideration for the day on which it is filed, pursuant to LCR 7(d)(1). (2) The motion shall be no more than 700 words or, if written by hand or with a typewriter, two pages in length and shall request a specific number of additional words or pages.

Civil cases

Page 25 | Over-length motion procedure

Motion for reconsideration must be labeled and filed within 14 days of order

A motion for reconsideration shall be plainly labeled as such. The motion shall be filed within fourteen days after the order to which it relates is filed.

Civil cases

Page 26 | Motion for reconsideration timing

Moving party can renote own motion before response; after response requires stipulation or court order.

A moving party may renote its own pending motion itself by promptly filing a document titled Notice of Motion Renoted and changing the noting date in CM/ECF before any opposing party files a response to the motion. Once a response has been filed, the motion may be renoted only by filing a stipulation signed by all parties or by order of the court.

Civil cases

Page 27 | Motion Procedures

A motion for relief from a deadline should, whenever possible, be filed sufficiently in advance of the deadline to allow the court to rule on the motion prior to the deadline. Parties should not assume that the motion will be granted and must comply with the existing deadline unless the court orders otherwise.

A motion for relief from a deadline should, whenever possible, be filed sufficiently in advance of the deadline to allow the court to rule on the motion prior to the deadline. Parties should not assume that the motion will be granted and must comply with the existing deadline unless the court orders otherwise.

Civil cases

Page 27 | Motion Procedures

Withdrawing motion after noting date requires immediate phone call to chambers; failure may result in sanctions.

A moving party may withdraw its own pending motion by filing a Notice to Withdraw Pending Motion. If the noting date for the motion has already passed, the party must also immediately telephone the assigned judge's chambers to notify his or her staff that the pending motion has been withdrawn; the failure to do so may result in the imposition of sanctions.

Civil cases

Page 27 | Motion Procedures

If a true, unforeseen emergency exists that prevents a party from meeting a deadline, and the emergency arose too late to file a motion for relief from the deadline, the party should contact the adverse party, meet and confer regarding an extension, and file a stipulation and proposed order with the court. Alternatively, the parties may use the procedure for telephonic motions in LCR 7(i).

If a true, unforeseen emergency exists that prevents a party from meeting a deadline, and the emergency arose too late to file a motion for relief from the deadline, the party should contact the adverse party, meet and confer regarding an extension, and file a stipulation and proposed order with the court. Alternatively, the parties may use the procedure for telephonic motions in LCR 7(i).

Civil cases

Page 27 | Motion Procedures

Judgment must be entered within 30 days after bench trial unless court orders otherwise for good cause.

Judgment shall be entered within 30 days after a bench trial, except as ordered by the court for good cause.

Civil cases

Page 85 | Judgment

Cases pending over 9 months without record proceedings may be dismissed for lack of prosecution; plaintiff gets opportunity to show cause; dismissal operates as adjudication on merits unless court orders otherwise.

(1) Any case that has been pending in this court for more than nine months without any proceeding of record having been taken may be dismissed by the court on its own motion for lack of prosecution. The plaintiff in any such action will be given an opportunity to show cause in writing, or at the court’s election in open court, why the case should not be dismissed. A dismissal under this subparagraph will operate as an adjudication on the merits, as provided for in Fed. R. Civ. P. 41(b), unless the court orders otherwise.

Civil cases

Page 87 | LCR 41(b)(1)

Motion for costs must be filed within 21 days 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.

Civil cases

Page 97 | LCR 54(d)(1)

Appeal of costs decision must be filed within 7 days.

The taxation of costs by the clerk shall be final, unless modified on appeal to the district court judge or magistrate judge to whom the case was assigned. 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.

Civil cases

Page 98 | LCR 54(d)(4)

Written notice (14 days) required before default motion if defaulting party has appeared.

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.

Civil cases

Page 99 | LCR 55(a)

Attorney has 30 days to respond to Order to Show Cause for reciprocal discipline

(ii) an order directing the attorney to show cause within 30 days why reciprocal discipline should not be imposed by this court;

Civil cases

Page 127 | (E)(ii)

Attorney has 30 days to respond to Order to Show Cause for criminal conviction

(iii) an order directing the attorney to show cause within 30 days why the criminal conviction or underlying facts do not affect the attorney’s fitness to practice law, and why discipline should not be imposed by this court;

Civil cases

Page 128 | (C)(ii)

Any ruling by a magistrate judge, which by law is reviewable by a district judge, but as to which no review procedure is otherwise prescribed, shall be subject to review upon a motion filed within fourteen days of the entry of the ruling.

Any ruling by a magistrate judge, which by law is reviewable by a district judge, but as to which no review procedure is otherwise prescribed, shall be subject to review upon a motion filed within fourteen days of the entry of the ruling.

Page 12 | APPEALS TO DISTRICT JUDGE

Failure to respond to Order to Show Cause may be deemed acquiescence

(iii) notification that failure by the attorney to file a timely response to the Order to Show Cause may be deemed acquiescence to discipline

Civil cases

Page 127 | (E)(iv)

Failure to respond to Order to Show Cause may be deemed acquiescence for criminal conviction

(iii) notification that failure by the attorney to file a timely response to the Order to Show Cause may be deemed acquiescence to discipline based upon the criminal conviction.

Civil cases

Page 128 | (C)(iii)

Transfer or remand orders become effective 14 days after filing unless otherwise ordered.

Unless otherwise ordered by the court, an order transferring a case to another district or remanding a case shall become effective 14 days after the date the order is filed.

Civil cases

Page 13 | Transfer or Remand of Actions; Effective Date

Opposition and reply to costs motion follow LCR 7(d)(3) timing.

A party objecting to any item of costs shall file opposition papers at the time set forth in LCR 7(d)(3). The moving party shall file a reply, if any, at the time set forth in LCR 7(d)(3).

Civil cases

Page 97 | LCR 54(d)(2)

Pro se parties must keep court and opposing parties updated on current mailing/email address; failure to do so within 60 days of returned mail/email may result in dismissal without prejudice.

(2) A party proceeding pro se shall keep the court and opposing parties advised as to his or her current mailing address and, if electronically filing or receiving notices electronically, his or her current email address. If mail directed to a pro se plaintiff by the clerk is returned by the Postal Service, or if email is returned by the internet service provider, and if such plaintiff fails to notify the court and opposing parties within 60 days thereafter of his or her current mailing or email address, the court may dismiss the action without prejudice for failure to prosecute.

Civil cases

Page 87 | LCR 41(b)(2)

Attorneys must be present in courtroom during all court sessions or waive right to be present.

It is the right and duty of attorneys to be present in the courtroom at all times the court may be in session. If an attorney voluntarily absents himself or herself during such times or when the jury is deliberating, that attorney waives his or her right to be present and consents to such proceedings as may take place in the courtroom during his or her absence.

Civil cases

Page 90 | Presence of Attorneys

Attorneys must obtain court permission before contacting jurors after trial.

Counsel shall not contact or interview jurors or cause jurors to be contacted or interviewed after trial without first having been granted leave to do so by the court.

Civil cases

Page 92 | LCR 47(d)

Photography, recording, and broadcasting of judicial proceedings is prohibited except as authorized.

The taking of photographs or any electronic (audio or video) recordings, and the broadcast or streaming thereof in connection with any Judicial Proceeding, is prohibited, except as authorized by the Judicial Conference of the United States or the Judicial Council of the Ninth Circuit. Photographing, transmitting, or recording any court proceedings from a location outside the courthouse in conjunction with a remote appearance, or any other remote court proceeding conducted by telephone or video conference is also prohibited.

Civil cases

Page 114 | LCR 78(b)

Clerk must immediately transmit records to Court of Appeals upon notice of appeal

When a notice of appeal is filed, the clerk will transmit the available records to the Court of Appeals immediately.

Civil cases

Page 150 | Rulings

Clerk must immediately notify specified officials when relief is granted

The clerk will immediately notify the Superintendent of the Washington State Penitentiary, the Washington Attorney General, and the prosecutor of the county of conviction whenever relief is granted on a petition.

Civil cases

Page 150 | Rulings

Clerk must immediately telephone Ninth Circuit clerk about specific petition outcomes

The clerk will immediately notify the clerk of the United States Court of Appeals for the Ninth Circuit by telephone of (i) the issuance of a final order denying or dismissing a petition without a certificate of probable cause, or (ii) the denial of a stay of execution.

Civil cases

Page 150 | Rulings

Only court reporter and videographer may record depositions

No participant other than the court-reporting agency and videographer (after appropriate notice) may record by video, photograph, or audio any of the proceedings. This shall include recording using any form of virtual transmitting device,

Civil cases

Attorneys must promptly notify court when case is settled or not ready for trial.

Attorneys must advise the court promptly when a case is settled or when for other reasons it will not be ready for trial at the time set. An attorney who fails to promptly notify the court may be subject to such discipline as the court deems appropriate, including the imposition of costs or of a fine.

Civil cases

Page 35 | LCR 11(b)

Counsel and pro se litigants must stand when addressing court unless disabled.

Counsel and pro se litigants are required to stand when addressing the Court, a witness, or the jury unless unable to do so due to a disability-related or health-related condition. Advance notice should be provided, when appropriate.

Civil cases

Page 90 | Procedure at Trial

Electronic devices may be used in courtrooms for notes and communications; sounds must be disabled.

In the courtrooms, personal electronic devices may be used to take notes, transmit and receive data communications, such as email or text messages, or to access the Internet. Telephone ring tones and other functional sounds produced by devices must be disabled while in the courtroom. Only silent keyboards may be used in the courtroom.

Civil cases

Page 114 | LCR 78(c)

In addition to the provisions set forth above, each participant should attend from a quiet location. All attendees other than the deponent, court reporter, deposing attorney, and objecting attorney will set their audio connection to mute to avoid unintentional noise.

In addition to the provisions set forth above, each participant should attend from a quiet location. All attendees other than the deponent, court reporter, deposing attorney, and objecting attorney will set their audio connection to mute to avoid unintentional noise.

Civil cases

Clerk may issue text-only docket orders electronically; unrepresented parties receive mailed notice.

The clerk of court may issue text only docket orders for any act within the clerk’s authority. A text only docket order is an order electronically entered on the case docket without an attached document and is as official and binding as if the clerk of court had signed a document containing the text. 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.

Civil cases

Page 113 | LCR 77(c)

Court is in continuous session year-round in Seattle/Tacoma and may hold proceedings via electronic transmission.

The court shall be in continuous session throughout the year in Seattle and in Tacoma. The court may establish other locations in this district for holding court pursuant to General Order. Nothing in this rule shall prohibit the court from conducting proceedings via electronic transmission in lieu of live court proceedings.

Civil cases

Page 113 | LCR 77(a)

Electronic devices may be used for calls, email, texts, and internet in courthouse environs.

In the environs, personal electronic devices may be used to make telephone calls, transmit and receive data communications, such as email or text messages, or to access the Internet.

Civil cases

Page 114 | LCR 78(c)

Personal electronic devices may be brought into the courthouse.

Personal electronic devices, such as smartphones, laptops, tablet computers, or similar functioning devices having wireless communications capabilities, may be brought into the courthouse.

Civil cases

Page 114 | LCR 78(c)

A district judge shall conduct any review of a magistrate judge=s order of release or detention, pursuant to 18 U.S.C. ' 3145(a) or (b). All other applications for review of conditions of release in criminal cases shall be heard by a magistrate judge unless otherwise directed by a district judge.

A district judge shall conduct any review of a magistrate judge=s order of release or detention, pursuant to 18 U.S.C. ' 3145(a) or (b). All other applications for review of conditions of release in criminal cases shall be heard by a magistrate judge unless otherwise directed by a district judge.

Page 11 | REVIEW OF CONDITIONS OF RELEASE

You may also choose to effectuate service electronically as detailed in General Orders 04-15 and 05-15, by sending a copy of the summonses and complaint, along your identifying information and social security number, by email to USAWAW.SSAClerk@usdoj.gov.

You may also choose to effectuate service electronically as detailed in General Orders 04-15 and 05-15, by sending a copy of the summonses and complaint, along your identifying information and social security number, by email to USAWAW.SSAClerk@usdoj.gov.

Page 1 | D. Service of the Complaint and Answer

Attorneys must have at least 7 years of bar membership or judicial experience to serve as neutrals.

(2) Eligibility. To qualify for inclusion and continued maintenance on the register of neutrals under this rule, an attorney shall certify that he or she: (A) has been a member of the bar of a federal district court for at least seven years or has had at least seven years of judicial experience;

Civil cases

Page 74 | LCR 39.1(b)(2)

Supervising lawyers must be admitted to practice and have at least 3 years of experience.

The supervising lawyer shall be admitted to practice before this court. The supervising lawyer shall have been actively engaged in the practice of law for at least three years at the time the application is filed.

Civil cases

Page 131 | Supervising Lawyer