Western District of Washington Adjournment & Extension Requirements

CRITICAL

Requests to reschedule a meeting of creditors or to appear other than in person must be made by regular mail or email to the chapter 7, 12 or 13 trustee, if applicable, and the United States Trustee by regular mail or email to ustpregion18.se.ecf@usdoj.gov. The subject line of any email request should state “Request to Reschedule” or “Request to Appear Other Than in Person” with the case name, case number, and date of the currently scheduled meeting of creditors. The request should not be filed with the court. (3) Approval. Within three days of receipt, the trustee or the United States Trustee shall advise if the request has been approved or denied. If approved, the trustee or the United States Trustee shall notify the debtor of the new date, time, and location of the rescheduled meeting and/or the acceptable manner in which the debtor may appear. (4) Notice. If the date, time, or location of the meeting of creditors is changed, the party who requested the change must give written notice to all creditors and parties in interest of the date, time, and location of the rescheduled meeting and file a copy of the notice and a certificate of service with the court. If some type of alternate appearance has been approved, the notice shall indicate the manner of the appearance. (5) Court Approval. If the request for a continued hearing or alternate appearance is denied by the trustee or United States Trustee, the debtor may file a motion seeking court approval of the continuance or alternate appearance. Any motion must contain an explanation of the need for the modification and a certification that the debtor sought a continuance from the trustee or United States Trustee under paragraphs (b)(1) and (b)(2) of this Rule.

Requests to reschedule a meeting of creditors or to appear other than in person must be made by regular mail or email to the chapter 7, 12 or 13 trustee, if applicable, and the United States Trustee by regular mail or email to ustpregion18.se.ecf@usdoj.gov. The subject line of any email request should state “Request to Reschedule” or “Request to Appear Other Than in Person” with the case name, case number, and date of the currently scheduled meeting of creditors. The request should not be filed with the court. (3) Approval. Within three days of receipt, the trustee or the United States Trustee shall advise if the request has been approved or denied. If approved, the trustee or the United States Trustee shall notify the debtor of the new date, time, and location of the rescheduled meeting and/or the acceptable manner in which the debtor may appear. (4) Notice. If the date, time, or location of the meeting of creditors is changed, the party who requested the change must give written notice to all creditors and parties in interest of the date, time, and location of the rescheduled meeting and file a copy of the notice and a certificate of service with the court. If some type of alternate appearance has been approved, the notice shall indicate the manner of the appearance. (5) Court Approval. If the request for a continued hearing or alternate appearance is denied by the trustee or United States Trustee, the debtor may file a motion seeking court approval of the continuance or alternate appearance. Any motion must contain an explanation of the need for the modification and a certification that the debtor sought a continuance from the trustee or United States Trustee under paragraphs (b)(1) and (b)(2) of this Rule.

CRITICAL

Motion for extension of time to file schedules must be filed before deadline and contain specified information; court cannot extend to within 7 days of 341 meeting unless continuance arranged.

A motion for extension of time to file schedules, statements, and documents required by Fed. R. Bankr. P. 1007(b)(1)(A), (B), (C), (D), (F), (b)(4), (b)(5) and (b)(6) shall be filed prior to the expiration of the deadline for filing. The motion shall contain: (A) the date the petition was filed; (B) the date the schedules and statements are due; (C) the date set for the 11 U.S.C. § 341 meeting of creditors; and (D) the reason for the delay. The court shall not extend the date for filing schedules, statements, and documents to a date within 7 days of the 11 U.S.C. § 341 meeting of creditors, unless the debtor has arranged with either the trustee or the United States trustee for a continuance of the meeting and mails

CRITICAL

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.

CRITICAL

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.

CRITICALCivil cases

Please contact the Courtroom Deputy at KKEcrd@wawd.uscourts.gov before requesting a continuance of a trial date to a future date certain, to ensure the Court’s availability. After the parties obtain an approved new trial date from the Courtroom Deputy, the parties may file a stipulated motion for a continuance.

Please contact the Courtroom Deputy at KKEcrd@wawd.uscourts.gov before requesting a continuance of a trial date to a future date certain, to ensure the Court’s availability. After the parties obtain an approved new trial date from the Courtroom Deputy, the parties may file a stipulated motion for a continuance.

CRITICALCriminal cases

Motions to continue must be filed timely; failure to do so constitutes waiver.

Counsel must file motions to continue in a timely manner. For example, absent good cause, motions to continue the pretrial motions deadline must be filed before that deadline; “a failure to timely raise a pretrial objection required by Rule 12, absent a showing of good cause, constitutes a waiver.” United States v. Ghanem, 993 F.3d 1113, 1120 (9th Cir. 2021) (cleaned up).

CRITICAL

In proposing new deadlines, the parties should endeavor to provide at least as much time between deadlines as shown in the scheduling template in Section I. Judge King will not decrease the amount of time between the summary judgment motion noting date and the trial date, or between the motion in limine noting date and the trial date, unless the parties set forth an extraordinary basis for doing so.

In proposing new deadlines, the parties should endeavor to provide at least as much time between deadlines as shown in the scheduling template in Section I. Judge King will not decrease the amount of time between the summary judgment motion noting date and the trial date, or between the motion in limine noting date and the trial date, unless the parties set forth an extraordinary basis for doing so.

CRITICAL

Reschedule motions must be filed 5 business days before hearing.

Motions to reschedule are discouraged because of their impact on the Court's calendar. If rescheduling is necessary, the motion shall be filed no later than five (5) business days before the scheduled hearing.

CRITICAL

The schedule established by the order may be modified only upon a showing of good cause.

Pursuant to Federal Rule of Civil Procedure 16, a schedule set forth in accordance with this order may only be modified upon a showing of good cause.

CRITICAL

Counsel must remain within 20 minutes of courthouse during jury deliberations.

Throughout jury deliberations, Counsel must remain within 20 (twenty) minutes of the courthouse in order for the Court to expeditiously respond to any jury notes or a verdict. Counsel who choose not to remain in the immediate vicinity of the courtroom must provide the Courtroom Deputy with a telephone number where they can be contacted.

CRITICAL

Extension motions must be filed 3 business days before deadline.

Motions for extensions of time shall be filed at least three (3) business days in advance of the expiration of the relevant deadline.

CRITICAL

Extension motions must be filed 3 business days before deadline.

Motions for extensions of time shall be filed at least three (3) business days in advance of the expiration of the relevant deadline.

CRITICAL

Out-of-county counsel may request remote appearance for status conferences and non-dispositive motions with 5 days advance notice.

Counsel from outside of King County may request to appear by telephone or video for status conferences and hearings on non-dispositive motions. Requests must be made to the Courtroom Deputy at least five days in advance of a hearing, if possible.

CRITICALCriminal cases

Motions to continue trial date must be filed before pretrial motions deadline

Motions to Continue Trial Date Prior to the pretrial motions deadline

CRITICAL

Motions to reschedule hearings must be filed at least 5 business days before the scheduled hearing, include reason for rescheduling, alternative dates/times, and party unavailability dates.

If rescheduling is necessary, the motion shall be filed no later than five (5) business days before the scheduled hearing. The motion shall contain an explanation of why rescheduling is necessary, as well as alternative dates and times that are available for all Parties. If the suggested dates and times are not available on the Court’s calendar, the Court will select a date and time sua sponte. Parties shall include known dates of unavailability for the Court to consider when selecting a new date and time, but the Court will select the most expedient date available that minimizes the impact to the Court’s calendar.

CRITICAL

Motions for extension of time (relief from deadline) require 14 days' notice under LCR 7(d)(2), or at least 3 business days' notice with reasons for shorter notice; emergency exceptions apply per LCR 7(j).

Under LCR 7(d)(2), motions for relief from a deadline shall be noted for consideration no earlier than fourteen (14) days after filing. Where a party must seek relief from a deadline on shorter notice, the Court may consider motions for extensions of time that are filed at least three (3) business days in advance of the expiration of the relevant deadline. Any Party utilizing the three-day rule in this paragraph, rather than the 14-day Rule of LCR 7(d)(2), shall include in its motion the reason(s) it could not have filed its motion earlier. In a true, unforeseen emergency, Parties should follow the provisions of LCR 7(j).

CRITICAL

Deadline extensions are automatically allowed if unopposed, not previously extended, and do not change certain dates; requests must be filed as a joint stipulated notice after meet-and-confer.

The Court permits Parties to automatically extend a deadline (or amend a scheduling order) to a specific new date, provided that: (1) the date has not been previously extended; (2) such request is unopposed or agreed upon between the Parties; and (3) such request does not change the date for (a) any hearing, (b) any final submission to the Court related to a hearing, (c) any dispositive motion or expert motion deadline, or (d) any deadline after the filing of dispositive and expert motions in the trial scheduling order. Parties shall meet and confer and jointly file any requests under the paragraph above as a stipulated notice to the Court, instead of as a motion, using the language set forth below:

CRITICALCriminal cases

Motions for extension of time must be filed 3 business days before deadline, response due within 2 days, no replies

Motions for Extension of Time 3 business days before any deadline; response due within 2 days of the motion; no replies

CRITICAL

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).

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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;

CRITICALCivil cases

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.

CRITICAL

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.

CRITICALCivil cases

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).

CRITICALCivil cases

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;

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICAL

Defendants must be served within 90 days of filing complaint.

The defendant(s) must be served within 90 days after the complaint is filed, as established by FRCP 4(m).

CRITICAL

Service must be completed within 90 days of filing the complaint.

You must perfect service within 90 days from the date the complaint has been filed, or your case may be dismissed.

CRITICALCivil cases

Extension requests must be filed at least 3 business days before deadline.

Motions for extensions of time shall be filed at least three (3) business days in advance of the expiration of the relevant deadline.

CRITICALCivil cases

A schedule may be modified only for good cause and the judge’s consent; failure to complete discovery on time is not good cause for an extension or continuance.

A schedule may be modified only for good cause and with the judge’s consent. Mere failure to complete discovery within the time allowed does not constitute good cause for an extension or continuance.

CRITICALCivil cases

Rescheduling motions must be filed at least 5 business days before hearing.

Motions to reschedule are discouraged. If rescheduling is necessary, the motion shall be filed no later than FIVE (5) business days before the scheduled hearing.

CRITICALCriminal cases

Initial arraignment continuance of up to two weeks to finalize representation is granted upon request; further continuances require a proper showing and court order considering Speedy Trial and other factors.

Any counsel appearing at the initial arraignment may request up to two weeks to finalize a representation agreement with defendant, and the arraignment shall be so continued. Further continuances of the initial arraignment to finalize representation may be made only upon a proper showing and by order of the judge or magistrate judge before whom the matter is pending upon due consideration of Speedy Trial rights, including discovery, motions and trial dates, the situation with respect to any codefendants, right-to-counsel rights, and any other relevant considerations.

CRITICAL

A party seeking an expedited or enlarged briefing schedule must first promptly contact opposing counsel to meet and confer.

If either party seeks an expedited or enlarged briefing schedule, counsel for that party shall contact the opposing counsel promptly to meet and confer.

CRITICALCivil cases

Extension motions must be filed at least 3 business days before the deadline; opposition due within 2 business days.

Motions for extensions of time shall be filed at least three (3) business days in advance of the expiration of the relevant deadline. Any opposition must be filed within two (2) business days of the motion. Untimely motions or responsive pleadings may be summarily denied, stricken, or ignored.

CRITICALCivil cases

When a contested continuance is granted, the moving party must pay any government-incurred jury expenses as a condition unless the continuance is granted as a matter of right and was not caused by that party’s fault.

And where a continuance of such a case shall be applied for by one side, and resisted by the other, and granted by the court, the payment of jury expenses incurred by the government, if any, by the party applying for the continuance shall in all cases be one of the conditions of the continuance unless such continuance be granted as a matter of right and was not due to any fault of the moving party.

CRITICALCivil cases

The existing deadline remains in effect unless the court orders otherwise, regardless of a pending motion for relief.

Parties should not assume that the motion will be granted and must comply with the existing deadline unless the court orders otherwise.

CRITICALCivil cases

Extension motions must be filed at least 3 business days before deadline.

Motions for extensions of time shall be filed at least THREE (3) business days in advance of the expiration of the relevant deadline.

CRITICALCivil cases

Oppositions due 21 days after motion, replies due 14 days after opposition.

Instead, oppositions shall be filed no later than TWENTY−ONE (21) days after a motion is filed. A moving party's reply shall be filed no later than FOURTEEN (14) days after an opposition has been filed.

CRITICALCivil cases

Motions to reschedule hearings must be filed at least 5 business days before the hearing and include alternative dates and times for all parties.

If rescheduling is necessary, the motion shall be filed no later than FIVE (5) business days before the scheduled hearing. The motion shall contain alternative dates and times which are available for all parties. If the suggested dates and times are not available on the Court's calendar, the Court will select a date and time sua sponte.

CRITICALCivil cases

Motions for extension of time must be filed at least 3 business days before the deadline, with oppositions due within 2 business days, or risk summary denial.

Motions for extensions of time shall be filed at least THREE (3) business days in advance of the expiration of the relevant deadline. Any opposition must be filed within two (2) business days of the motion. Untimely motions or responsive briefing may be summarily denied or stricken.

CRITICALCivil cases

Rescheduling motions must be filed at least 5 business days before hearing.

Motions to reschedule are discouraged because of their impact on the Court's calendar. If rescheduling is necessary, the motion shall be filed no later than FIVE (5) business days before the scheduled hearing.

CRITICAL

Motions to continue trial date only allowed for exceptional circumstances.

Judge Robart will not consider motions or stipulations to continue the trial date absent exceptional circumstances.

CRITICAL

Unless otherwise instructed, the parties are directed to refrain from filing a written motion or stipulation to request a continuance of these deadlines.

Unless otherwise instructed, the parties are directed to refrain from filing a written motion or stipulation to request a continuance of these deadlines.

CRITICAL

Meet and confer required before requesting continuance.

The parties who have already appeared in this matter are required to meet and confer before contacting the Court to request an extension.

CRITICAL

Deadlines remain operational until the Court has ruled on a motion to extend those deadlines, so parties should file motions to extend a deadline well in advance of the deadline. The Court will not prioritize such motions simply because the parties have waited until a deadline is imminent before filing a motion to extend.

Deadlines remain operational until the Court has ruled on a motion to extend those deadlines, so parties should file motions to extend a deadline well in advance of the deadline. The Court will not prioritize such motions simply because the parties have waited until a deadline is imminent before filing a motion to extend.

CRITICAL

Contact Victoria Ericksen by email to request continuance of initial scheduling deadlines.

Should the parties wish to request a continuance of the deadlines set forth in the Court’s Order Regarding Initial Disclosures and Joint Status Report, counsel are directed to contact the Court’s courtroom deputy, Victoria Ericksen, by email at victoria_ericksen@wawd.uscourts.gov.

WARNING

A request for continuance represents that consent has been obtained from all parties who responded.

A party who dockets a notice requesting a continuance of a hearing on a motion is affirmatively representing to the court that consent to the continuance has been obtained from all parties who have filed an objection or response.

WARNING

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.

WARNING

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.

WARNING

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.

WARNINGCivil cases

Parties may request amendment to amended case schedule deadlines within 14 days if irreconcilable conflicts exist.

If the Court grants the stipulated motion for a continuance, it will issue an amended case schedule using its standard offset dates (in the table below). If any of the deadlines in the amended case schedule cause an irreconcilable conflict, the parties may request amendment within 14 days after the amended case schedule is entered.

WARNING

Absent extraordinary delay or other special circumstances, the parties are free to agree among themselves to extend the deadline to answer or otherwise respond to claims, counterclaims, or crossclaims contained in a pleading without a Court order.

Absent extraordinary delay or other special circumstances, the parties are free to agree among themselves to extend the deadline to answer or otherwise respond to claims, counterclaims, or crossclaims contained in a pleading without a Court order.

WARNINGCivil cases

Trial continuances require good cause beyond normal litigation; discovery delays or settlement discussions don't qualify.

Judge Cartwright disfavors trial continuances and will not grant them absent good cause beyond the normal process of litigation. A failure to complete discovery within the time allowed or a decision to engage in settlement discussions does not on its own create good cause, although Judge Cartwright will consider requests for brief continuances where the parties have secured a mediation date or where there is a compelling reason that discovery could not be completed as scheduled.

WARNINGCivil cases

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.

WARNINGCivil cases

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

WARNINGCriminal cases

If superseding charges are filed, defendant may apply for additional time to file pretrial motions; application must be made on or before the initial arraignment date on the superseding charges.

In the event superseding charges are filed, counsel for defendant may apply to the district judge or to the magistrate judge for additional time to file pretrial motions. Such application shall be made on or before the date initially set for arraignment on the superseding charges.

WARNINGCivil cases

Notices of unavailability are optional and do not change court- or rule-set dates; parties are expected to confer about significant unavailability, and an attorney may still request deadline relief for a scheduling difficulty.

Notices of unavailability are not required. Such notices, if filed, do not alter dates set by the Court or civil rules. The Court expects the parties to confer about significant periods of unavailability. This rule does not preclude an attorney from requesting relief from a deadline due to a scheduling difficulty. See LCR 7(j).

WARNINGCriminal cases

Motions for relief from a deadline should be filed sufficiently in advance; if a true emergency arises, parties should meet and confer, file a stipulation and proposed order, or use telephonic motion procedure.

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. 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 outlined above. It is expected that if a true emergency exists, the parties will stipulate to an extension.

WARNINGCivil cases

Whenever possible, a motion for relief from a deadline should be filed early enough for the court to rule before the deadline.

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.

WARNINGCivil cases

Motions to reschedule hearings must be filed at least 5 business days before the hearing with alternative dates.

Motions to reschedule are discouraged. If rescheduling is necessary, the motion shall be filed no later than FIVE (5) business days before the scheduled hearing. The motion shall contain alternative dates and times which are available for all parties.

WARNINGCriminal cases

District judge may extend transcript and brief deadlines upon motion made within original deadline.

Counsel for appellant shall arrange to have such transcript filed within twenty-one days after the Notice of Appeal is filed; but upon motion made within such time, the district judge may extend the deadlines for transcript and briefs.

WARNINGCivil cases

Exemption requests must be submitted in writing one week before conference.

A request to be exempt from this requirement should be submitted to the Court in writing no later than one week prior to the conference. Please address any request to [insert name], Judicial Law Clerk to Magistrate Judge Fricke, at: [insert email]. The email subject line should include your case number and “Request for non-appearance of a party.”

WARNINGCivil cases

The parties are expected to stipulate to an extension if a true emergency exists.

It is expected that if a true emergency exists, the parties will stipulate to an extension.

WARNINGCivil cases

If a true, unforeseen emergency arises too late for a deadline-relief motion, the party should contact the opponent, meet and confer on an extension, and file a stipulation and proposed order.

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.

WARNINGCriminal cases

The sentencing court may continue the sentencing date for good cause on its own or a party's motion; or upon an email request of a party or the U.S. Probation Office through the judge's courtroom clerk. A party or a U.S. Probation Officer seeking a continuance should be in a position to advise the courtroom clerk as to whether or not the request is opposed by any party or by the U.S. Probation Office.

The sentencing court may continue the sentencing date for good cause on its own or a party's motion; or upon an email request of a party or the U.S. Probation Office through the judge's courtroom clerk. A party or a U.S. Probation Officer seeking a continuance should be in a position to advise the courtroom clerk as to whether or not the request is opposed by any party or by the U.S. Probation Office.

WARNINGCivil cases

Schedule modifications require extraordinary justification to shorten the 90-day period.

Judge Jones will not modify this schedule unless the parties set forth an extraordinary basis for modifying the scheduling order to decrease the period between the dispositive motion cutoff and the trial date to less than 90 days.

INFO

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.

INFOCivil cases

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.

INFOCivil cases

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).

INFOCriminal cases

Motions to shorten time are abolished.

Motions to shorten time have been abolished. See CrR 12(b)(11).

INFOCivil cases

In the specified emergency circumstances, the parties may instead use the telephonic-motion procedure in LCR 7(i).

Alternatively, the parties may use the procedure for telephonic motions in LCR 7(i).

INFOCriminal cases

Requests for change of a trial date should be addressed to the judge assigned to the case.

Requests for change of a trial date should be addressed to the judge assigned to the case.