Western District of Washington Filing Bundling Requirements

CRITICALCivil cases

Dispositive motions must be filed 120 days before trial.

the Court has instituted a “120-day rule” for dispositive motions.

CRITICALCivil cases

Motions in limine must be filed 35 days before trial.

All motions in limine must be filed by 1 Trial – 35 days

CRITICALCivil cases

Dispositive motions and expert witness challenges must be filed 120 days before trial.

All dispositive motions and motions challenging expert witness testimony must be filed by this date (see Local Civil Rule ('LCR') 7(d)).

CRITICALCivil cases

Discovery-related motions must be filed 6 months before trial.

All motions related to discovery must be filed by Trial – 6 mos

CRITICAL

Defense trial briefs due 17 days before trial.

Defense trial briefs must be submitted seventeen (17) days before trial.

CRITICAL

Untimely motions in limine will be stricken.

Any other untimely motions in limine will be stricken.

CRITICAL

Defense expert disclosures due 30 days before pretrial motions deadline.

Defense expert disclosures are due thirty (30) days before the pretrial motions deadline.

CRITICAL

Government rebuttal disclosures due 14 days before pretrial motions deadline.

The Government’s rebuttal disclosures are due fourteen (14) days before the pretrial motions deadline.

CRITICAL

Motions in limine must be filed 28 days before trial.

All motions in limine must be filed at least twenty-eight (28) days before trial.

CRITICAL

Each party may file one omnibus motion in limine.

Each Party may file a single, omnibus motion in limine.

CRITICAL

Motions challenging expert witnesses must be filed by pretrial deadline.

Any motion challenging an expert witness must be filed by the pretrial motions deadline.

CRITICAL

Motions in limine may only be included in trial briefs if they missed pretrial deadline.

Parties may only include motions in limine in their trial briefs if the motions could not have been brought by the pretrial motions in limine deadline.

CRITICAL

Expert discovery must be completed 2 weeks before pretrial motions deadline.

If the Parties do not propose a case scheduling order setting expert discovery, then expert discovery shall be completed at least two (2) weeks in advance of the pretrial motions deadline.

CRITICAL

Responses to motions in limine due 23 days before trial.

Responses to motions in limine shall be filed at least twenty-three (23) days before trial.

CRITICAL

All motions, including motions to continue the trial date, shall be made prior to the pretrial motions deadline.

All motions, including motions to continue the trial date, shall be made prior to the pretrial motions deadline.

CRITICAL

Pretrial conference held at least 2 Fridays before trial.

The pretrial conference will generally be held at least two Fridays in advance of the trial date.

CRITICAL

Proposed jury questionnaires, proposed voir dire, proposed jury instructions, and proposed verdict forms must be submitted at least twenty-one (21) days in advance of the trial date.

Proposed jury questionnaires, proposed voir dire, proposed jury instructions, and proposed verdict forms must be submitted at least twenty-one (21) days in advance of the trial date.

CRITICAL

Government trial brief due 21 days before trial.

The Government’s trial brief must be submitted twenty-one (21) days before trial,

CRITICAL

Government expert disclosures due 45 days before pretrial motions deadline.

The Government’s expert disclosures are due forty-five (45) days before the pretrial motions deadline.

CRITICALCivil cases

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.

CRITICALCivil cases

Motions and supporting legal arguments must be filed as a single document.

A motion and the legal argument supporting the motion shall be filed as a single document.

CRITICAL

Arguments for dismissal of the habeas petition must be raised in the return and may not be brought by separate motion.

Any arguments that the petition should be dismissed shall be made in the return and not by separate motion.

CRITICALCivil cases

Unless otherwise ordered, parties must file motions to dismiss, summary-judgment motions, and other dispositive motions 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.

CRITICALCivil cases

Motions in limine must be combined into one motion and filed at least 21 days before the pretrial conference, unless good cause is shown or the court orders otherwise.

Except upon a showing of good cause or if otherwise ordered, any motions in limine shall be filed as one motion no later than 21 days prior to any scheduled pretrial conference.

CRITICAL

Dispositive motion cutoff is set 105 days before trial.

Judge Robart sets the dispositive motion cutoff 105 days prior to the trial date.

CRITICALCivil cases

Pursuant to Local Civil Rule 16, Judge Jones sets the dispositive motion cutoff 90 days prior to the trial date. This allows the parties 30 days to brief the motion; the Court 30 days to decide the motion; and the parties 30 days after receiving the ruling to prepare for trial, if necessary.

Pursuant to Local Civil Rule 16, Judge Jones sets the dispositive motion cutoff 90 days prior to the trial date. This allows the parties 30 days to brief the motion; the Court 30 days to decide the motion; and the parties 30 days after receiving the ruling to prepare for trial, if necessary.

CRITICALCriminal cases

All motions must be filed before pretrial motions deadline.

All motions, including motions to continue the trial date, shall be made prior to the pretrial motions deadline.

CRITICALCriminal cases

Motions in limine must be filed by pretrial motions deadline.

All motions in limine must be filed by the deadline set for pretrial motions.

CRITICALCivil cases

By the Court-designated deadline, the parties must jointly submit one color transcript to chambers showing all highlighted designations and objections and responses in the specified chart format.

No later than the deadline designated by the Court, the parties shall jointly submit to chambers a single color copy of the deposition transcript, setting forth all designated highlighted testimony, and indicating any objections and responses in the chart format found on this website titled “Objections to Designations Of Deposition Excerpts.”

WARNINGCivil cases

Trial schedule may be shortened on Thursdays due to criminal in-custody hearings.

Trial typically runs five days a week, Monday through Friday. Judge Whitehead usually holds in-custody hearings in criminal matters on Thursdays, so there is a chance that trial may be shortened on those days.

WARNING

Parties may propose an alternate briefing schedule in advance; non-compliance may result in striking the cross-motions.

The parties may also propose a different briefing schedule in advance of the deadline. LCR 7(j). If parties file cross-motions for summary judgment without complying with the above briefing schedule or an alternate Court-approved schedule, the Court may strike their cross-motions and order them to comply with the above schedule.

WARNINGCivil cases

Statements of material facts or opposing statements of facts may not be filed separately from summary-judgment motion papers.

A party filing a motion for summary judgment or a response thereto shall not separately file a statement of material facts or opposing statement of facts

WARNINGCivil cases

Reply briefs are prohibited in claim construction briefing without a court order.

No reply briefs shall be filed unless otherwise ordered by the Court.

WARNINGCivil cases

A party may not file contemporaneous dispositive motions directed to separate issues or claims without leave of court.

Absent leave of the court, a party must not file contemporaneous dispositive motions, each one directed toward a discrete issue or claim.

WARNINGCivil cases

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.

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.

WARNING

Schedule modification requires extraordinary basis.

Judge Robart 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 105 days.

WARNING

Duplicate documents cannot be listed twice; once identified, any party may use the exhibit.

Duplicate documents shall not be listed twice on the parties’ exhibit lists or in the pretrial order. Once a party has identified an exhibit on the exhibit list or in the pretrial order, any party may use it.

INFOCivil cases

Offering party must file Joint Submission of Deposition Designations with transcript and chart as separate exhibits.

The party offering the deposition transcript must take lead on filing the transcript and objections as a “Joint Submission of Deposition Designations,” in which the transcript and accompanying deposition designation chart are attached as separate exhibits.

INFOCivil cases

Encouraged bundling of cross-motions into 4 briefs instead of 6.

The Court encourages parties filing cross-motions to agree to an alternate briefing schedule allowing for four briefs (one cross-motion, second cross-motion/opposition, opposition/reply, and reply) rather than a full six briefs (motion, opposition, and reply for each cross-motion).

INFOCivil cases

Parties filing cross-motions may agree to 4-brief schedule and adjusted limits, submitting stipulated motion with proposed order.

If the parties can reach an agreement on such a schedule and any necessary adjustments to the page/word limits, they shall submit a stipulated motion and proposed order for the Court's approval.

INFOCivil cases

Motions in limine must be filed early enough to be ruled on before pretrial conference.

The motion in limine deadline is set sufficiently in advance of the pretrial conference to allow the Court to consider and, ideally, rule on such motions prior to the pretrial conference.

INFOCivil cases

Discovery motions must be filed before discovery closes to allow resolution.

The discovery motion deadline is set prior to the close of discovery to allow for resolution of disputes by the close of discovery.

INFOCivil cases

Encouraged alternate briefing schedule for cross-motions (4 briefs instead of 6).

Judge Cartwright encourages parties filing cross-motions to agree to an alternate briefing schedule allowing for four briefs (one cross-motion, second cross-motion/opposition, opposition/reply, and reply) rather than a full six briefs (motion, opposition, and reply for each cross-motion). If the parties can reach an agreement on such a schedule and any necessary adjustments to the page/word limits, they shall submit a stipulated motion and proposed order for the Court's approval.

INFOCivil cases

(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.

INFOCivil cases

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.

INFO

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.

INFO

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.

INFO

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.

INFOCivil cases

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.

INFO

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.

INFOCivil cases

Parties anticipating cross motions are encouraged to agree on a briefing schedule and submit it for court approval by stipulated motion and proposed order.

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.

INFO

30 days for briefing, 45 days for court decision, 30 days for trial prep.

This allows the parties 30 days to brief the motion; the court 45 days to decide the motion; and the parties 30 days after receiving the ruling to prepare for trial, if necessary.

INFOCivil cases

Court may impose deadline for stipulated dismissal if parties request alternative to standard order.

The other option is, if the parties request, the Court will impose a deadline (a month or less from the notification of settlement) for the parties to submit a stipulated dismissal. If the parties do not submit a stipulated dismissal by that deadline, the Court will enter its standard order of post-settlement dismissal.

INFO

Judge Jones follows Local Civil Rule 7 in scheduling motions for consideration by the Court. Counsel and pro se parties should follow the scheduling guidelines specified in Local Civil Rule 7(d). The Court may re-note or strike motions that have been improperly noted for consideration or may take other appropriate action.

Judge Jones follows Local Civil Rule 7 in scheduling motions for consideration by the Court. Counsel and pro se parties should follow the scheduling guidelines specified in Local Civil Rule 7(d). The Court may re-note or strike motions that have been improperly noted for consideration or may take other appropriate action.