
Judge Theresa L. Fricke
Individual Rules, Standing Orders & Policies
- Rules last changed:

Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 1 copy • On First Day of Trial
- Not required
Deposition Transcript
- 2 copies • Five Business Days Before Final Pretrial Conference
Glossary
Joint Pretrial Statement
- 1 copy

Adjournments
- Exemption requests must be submitted in writing one week before conference.
- Extension requests must be filed at least 3 business days before deadline.
- Extension motions must be filed at least 3 business days before the deadline; opposition due within 2 business days.
- Rescheduling motions must be filed at least 5 business days before hearing.
- Motions to reschedule hearings must be filed at least 5 business days before the hearing with alternative dates.

Communication
Chambers
Clerk
Phone
Clerk
Phone
Chambers
Page & Word Limits50 rules
Settlement memoranda limited to 10 double-spaced pages, confidential, no filing or service required.
- Settlement memorandum
- Up to 10 pages per party
Excluded from page count
- •Attachments
- •Exhibits
Court's wording
Each party shall provide, in confidence, a concise settlement memorandum no longer than ten double spaced pages and which should not include attachments or exhibits unless under extraordinary circumstances. Please do not file these confidential memoranda with the Clerk’s Office or serve the memoranda on opposing counsel.
Each party shall provide, in confidence, a concise settlement memorandum no longer than ten double spaced pages and which should not include attachments or exhibits unless under extraordinary circumstances.
- Settlement memorandum (computer-generated)
- Up to 10 pages per party
- Format
- Double-spaced
Motions limited to 15 pages (except summary judgment), replies to 7 pages, surreplies to 5 pages with leave.
- Motion
- Up to 15 pages
- All motions
Court's wording
A motion and the legal argument supporting the motion shall be filed as a single document. Pleadings shall not contain a table of cases or a table of authority. Except for Motions for Summary Judgment, all other motions, oppositions, and objections shall not exceed FIFTEEN (15) pages (exclusive of the certificate of service). Replies shall not exceed SEVEN (7) pages, unless otherwise noted. Leave of Court must be obtained to file a surreply. If leave is obtained, surreplies shall not exceed FIVE (5) pages.
Leave of Court must be obtained to file a surreply. If leave is obtained, surreplies shall not exceed FIVE (5) pages.
- sur-reply
- Up to 5 pages
Except for Motions for Summary Judgment, all other motions, oppositions, and objections shall not exceed FIFTEEN (15) pages (exclusive of the certificate of service).
- Motion
- Up to 15 pages
- Opposition
- Objection
Excluded from page count
- •Certificates
Replies shall not exceed SEVEN (7) pages, unless otherwise noted.
- Reply
- Up to 7 pages
Replies shall not exceed FIVE (5) pages.
- Reply
- Up to 5 pages
Motions for reconsideration and oppositions thereto shall not exceed TEN (10) pages (excluding the certificate of service). Replies shall not exceed FIVE (5) pages.
- Opposition
- Up to 10 pages
- Reconsideration motions
Motions in Limine should normally be filed as one motion; oppositions thereto shall not exceed FIFTEEN (15) pages (exclusive of the certificate of service).
- Opposition
- Up to 15 pages
Excluded from page count
- •Certificates
Motions for reconsideration: 10-page limit for motions/oppositions, 5-page limit for replies
- Motion
- Up to 10 pages
- Reconsideration motions
Court's wording
Motions for reconsideration are discouraged. Motions that reassert prior arguments or raise new arguments that could have been made earlier will be summarily denied. Motions for reconsideration and oppositions thereto shall not exceed TEN (10) pages (excluding the certificate of service). Replies shall not exceed FIVE (5) pages.
Motions for reconsideration and oppositions thereto shall not exceed TEN (10) pages (excluding the certificate of service).
- Motion
- Up to 10 pages
- Reconsideration motions
Excluded from page count
- •Certificates
Motions in Limine oppositions due 14 days after filing
Court's wording
The parties shall endeavor to resolve any evidentiary disputes prior to filing a Motion in Limine. Motions in Limine should normally be filed as one motion; oppositions thereto shall not exceed FIFTEEN (15) pages (exclusive of the certificate of service). Any opposition to a Motion in Limine shall be filed no later than FOURTEEN (14) days after a motion is filed.
Replies shall not exceed FIVE (5) pages.
- Reply
- Up to 5 pages
Motions in Limine: oppositions limited to 15 pages, due 14 days after filing, no reply brief unless ordered
- Opposition
- Up to 15 pages
- Motion in Limine
Court's wording
Motions in Limine should normally be filed as one motion; oppositions thereto shall not exceed FIFTEEN (15) pages (exclusive of the certificate of service). Any opposition to a Motion in Limine shall be filed no later than FOURTEEN (14) days after a motion is filed. The moving party will not file any reply brief in support of a motion in limine unless ordered otherwise by the Court.
Closing arguments limited to 45 minutes per side; longer requests must be submitted in advance.
Court's wording
Closing Arguments: Closing arguments generally will be limited to no more than FORTY-FIVE (45) minutes per side. Requests for longer presentations must be submitted to the Court before closing arguments begin. Plaintiff may reserve for rebuttal up to one-half of the time actually used during the direct argument.
In civil trials, the jury shall consist of nine jurors. Each side shall have three peremptory challenges.
Counsel for each party may have TEN (10) minutes each to further question the prospective jurors.
Each party's alternate jury instruction arguments limited to 2 pages.
- Proposed jury instructions
- Up to 2 pages per party
Court's wording
Where disagreements arise, the proposed jury instructions shall include the alternate instructions and argument and authority for the instruction not to exceed TWO (2) pages for each party and instruction.
Summary judgment motions and oppositions limited to 30 pages, replies to 20 pages, sur-replies to 10 pages.
- Motion
- Up to 30 pages
Excluded from page count
- •Certificates
Court's wording
A motion under Fed. R. Civ. P. 56, and oppositions thereto, shall not exceed THIRTY (30) pages (exclusive of the certificate of service). Replies shall not exceed TWENTY (20) pages. If leave to file a sur-reply is given, it shall not exceed TEN (10) pages.
Replies shall not exceed TWENTY (20) pages.
- Reply
- Up to 20 pages
Summary judgment motion limits: 30 pages for motion/opposition, 20 pages for reply, 10 pages for sur-reply.
- Motion
- Up to 10 pages
Court's wording
A motion under Fed. R. Civ. P. 56, and oppositions thereto, shall not exceed THIRTY (30) pages (exclusive of the certificate of service). Replies shall not exceed TWENTY (20) pages. If leave to file a sur-reply is given, it shall not exceed TEN (10) pages.
If leave to file a sur-reply is given, it shall not exceed TEN (10) pages.
- sur-reply
- Up to 10 pages
Except as otherwise provided by court order or rule, the length of motions and briefs shall be as follows: (1) Motions noted under LCR 7(d)(1), except motions for temporary restraining orders, shall not exceed 2,100 words or, if written by hand or with a typewriter, six pages.
- Motion
- Up to 2,100 words
- Motion (handwritten)
- Up to 6 pages
- Motion (typewritten)
- Up to 6 pages
(3) Motions noted under LCR 7(d)(3) and briefs in response shall not exceed 4,200 words or, if written by hand or with a typewriter, twelve pages. Reply briefs shall not exceed 2,100 words or, if written by hand or with a typewriter, six pages.
- Brief
- Up to 4,200 words
- Brief (handwritten)
- Up to 12 pages
- Brief (typewritten)
- Up to 12 pages
- Reply brief
- Up to 2,100 words
- Reply brief (handwritten)
- Up to 6 pages
- Reply brief (typewritten)
- Up to 6 pages
Support/opposition briefs: max 4,200 words (or 12 pages if handwritten/typewriter). Reply briefs: max 2,100 words (or 6 pages if handwritten/typewriter). Certain items excluded from count.
- Brief
- Up to 4,200 words
- Brief (handwritten)
- Up to 12 pages
- Brief (typewritten)
- Up to 12 pages
- Reply brief
- Up to 2,100 words
- Reply brief (handwritten)
- Up to 6 pages
- Reply brief (typewritten)
- Up to 6 pages
Excluded from the limit
- •Caption
- •Table of contents
- •Table of authorities
- •Signature block
- •Certificates
Court's wording
Supporting and opposition briefs filed in connection with any pretrial motion shall not exceed 4,200 words or, if written by hand or with a typewriter, twelve pages without prior approval of the court. Any reply brief shall not exceed 2,100 words or, if written by hand or with a typewriter, six pages without prior approval of the court. The court may refuse to consider any text, including footnotes, which is not included within the word or page limits. Captions, tables of contents, tables of authorities, signature blocks, and certificates of service need not be included within the word or page limit.
Document Format Requirements24 rules
Motion papers must be double-spaced with 12-point sans serif font in text, 10-point sans serif in footnotes, page numbers, and minimum margins.
- Font size
- At least 12 points
- Line spacing
- Double
- Motion
- Opposition
- Reply
- sur-reply
Court's wording
Motions, oppositions, objections, replies, and surreplies shall be double-spaced and filed in no less than 12-point sans serif font in the text and 10-point sans serif font in the footnotes. The pleadings shall contain page numbers and have margins of no less
Motions must be double-spaced, 12-point sans serif font (10-point footnotes), with page numbers.
- Font size
- At least 12 points
- Line spacing
- Double
- All motions
Formatting
- •Page numbers required
Court's wording
Motions, oppositions, objections, replies, and surreplies shall be double-spaced and filed in no less than 12-point sans serif font in the text and 10-point sans serif font in the footnotes. The pleadings shall contain page numbers and have margins of no less
Page size of all pleadings, motions and other filings shall be 8 ½ x 11 inch.
- Paper size
- Letter
Footnotes must be 10 point or larger and may be single spaced.
- Font size
- At least 10 points
The text of any typed or printed brief must be 12 point or larger and must, with the exception of quotations, be double spaced or exactly 24 points.
- Font size
- At least 12 points
- Line spacing
- Double
- Brief
Each pleading, motion or other filing shall bear line numbers in the left margin, leaving at least one-half inch of space to the left of the numbers.
A proportionally spaced font must be used on all typed filings.
If an original document is required to be filed with the court, any required signature thereto must also be original.
Originals of documents filed with the court shall not contain double-sided pages or items other than 8 ½ x 11 inch paper, unless double-sided or larger original documents are being filed as exhibits.
- Paper size
- Letter
Hyperlinks may not be used to link to sealed or restricted documents, and hyperlinks may not directly open other software.
The party must indicate on the proposed amended pleading how it differs from the pleading that it amends by bracketing or striking through the text to be deleted and underlining or highlighting the text to be added.
The party intending to offer the deposition testimony at trial shall prepare a single copy of the deposition transcript containing the parties’ designations, highlighting all testimony, indicating any objections and all responses to objections in the margins, all in a single color used only by that party.
- Deposition transcript
Formatting
- •Highlight all testimony
This proposed order shall be attached as a Word or Word Perfect compatible file to an email sent to the email orders address of the assigned judge pursuant to the court’s Electronic Filing Procedures.
- File type
- WordPerfect
- Proposed order
Each proposed instruction must use numbered paper, carry a unique number and brief title at the top, and identify its source or cite other relevant authority at the bottom.
- Jury instruction
Formatting
- •Submit on numbered paper
Court's wording
Each proposed instruction, whether filed jointly or under objection, shall be submitted on numbered paper. Each proposed instruction shall bear a unique instruction number and brief title at the top of the page. At the bottom of the page, the parties shall identify the source(s) of the proposed instruction if the source is a model or pattern jury instruction; otherwise, the parties must include other citations to relevant authority.
Complaints filed pursuant to the Civil Rights Act, 42 U.S.C. § 1983, by or on behalf of prisoners, shall be typewritten or legibly handwritten, and signed by each plaintiff unless presented by an attorney.
The email subject line should read: “Confidential – [name of party] v. [name of party] - , 2018 - [Plaintiff’s/Defendant’s] Settlement Position Paper.”
The first page should leave at least three inches at the top; other margins must be at least one inch, subject to the stated permitted margin placements.
- Margins
- Top 3 inches
Court's wording
No less than three inches of space should be left at the top of the first page. All other margins must be at least one inch wide, although formatted lines and numbering, attorney information, the name of the judge(s) to whom copies should be sent, and footers may be placed in the margins.
The party offering the video is responsible for being familiar with the courtroom technology necessary to play it and for ensuring that the video is edited appropriately.
No less than three inches of space should be left at the top of the first page. All other margins must be at least one inch wide, although formatted lines and numbering, attorney information, the name of the judge(s) to whom copies should be sent, and footers may be placed in the margins. The text of any typed or printed brief must be 12 point or larger and must, with the exception of quotations, be double spaced or exactly 24 points. Footnotes must be 10 point or larger and may be single spaced. A proportionally spaced font must be used on all typed filings.
- Font size
- At least 12 points
- Line spacing
- Double
- Margins
- At least 1 inch
Formatting
- •First page top margin at least 3 inches
- •Proportionally spaced font required
Each pleading, motion or other filing shall bear line numbers in the left margin, leaving at least one-half inch of space to the left of the numbers.
Original documents must be single-sided on 8.5x11 inch paper; signatures on originals must be original.
- Paper size
- Letter
- Original document
Formatting
- •Single-sided pages only; original signature required on original documents
Court's wording
Originals of documents filed with the court shall not contain double-sided pages or items other than 8 ½ x 11 inch paper, unless double- sided or larger original documents are being filed as exhibits. If an original document is required to be filed with the court, any required signature thereto must also be original.
Each proposed jury instruction must be numbered consecutively and include supporting authority at the foot of the page.
Court's wording
Each proposed instruction shall be numbered consecutively as "Plaintiff's (or Government's or Defendant's) proposed Instruction No. (fill in number)," and each shall reflect, at the foot of the page, any supporting authority for the instruction.
Document Filing Requirements253 rules
Be respectful of opposing counsel and the litigants and/or witnesses.
Refer to all persons, including witnesses, other counsel, and parties by their surnames and not by their first or given names.
All exhibits will be handled electronically. If for some reason a hard copy exhibit becomes necessary, any such hard copy that counsel wishes to have the Court examine should be handed to the Courtroom Deputy.
Stand at the lectern while examining any witness—except that counsel may approach the Courtroom Deputy's desk or the witness for purposes of handling or tendering exhibits.
Stand as Court is opened, recessed, or adjourned.
Stand when addressing, or being addressed by, the Court.
Only one attorney per party may examine/cross-examine each witness
Court's wording
Only one attorney for each party shall examine, or cross-examine, each witness. The attorney stating objections, if any, during direct-examination, shall be the attorney recognized for cross-examination.
Request permission before approaching the bench.
Include
- •Request permission before approaching the bench
In jury trials, stand when the jury enters or exits the courtroom.
When appearing in this Court, unless excused by Judge Fricke, all counsel (including any other people at counsel table), shall adhere to the following rules:
Address all remarks to the Court, not to opposing counsel.
In making objections, counsel should state only the legal grounds for the objection and should withhold all further comment or argument unless elaboration is requested by the Court.
Do not face or otherwise appear to address yourself to jurors when questioning a witness.
Pre-trial exhibit procedures: show opposing counsel exhibits in advance, get rulings before session
Court's wording
For any exhibits that were not stipulated as admissible or otherwise ruled admissible before trial and admitted into evidence at the start of the trial, the following steps will be taken. In advance of each trial session, counsel for the party going forward at that session should show opposing counsel the exhibits s/he intends to introduce at the session. The opponent shall indicate those exhibits to which s/he has no objection, and the Court will admit them when offered at the session. Those exhibits to which there is an objection shall be presented to the Court for ruling before the opening of the session. If possible, the Court will rule on the objection then, thereby eliminating the necessity for a sidebar conference when the exhibit is offered.
Sidebar conferences presumptively not tolerated except in extraordinary circumstances
Court's wording
Sidebar conferences will presumptively not be tolerated, except in extraordinary and unforeseen circumstances. These conferences have a distracting effect on the jury and the parties should strive to postpone raising issues outside the jury's presence until the next recess, except when an immediate conference appears necessary.
Offers of, or requests for, a stipulation should be made privately, not within the hearing of the jury.
In opening statements and in argument to the jury, counsel shall not express personal knowledge or opinion concerning any matter in issue.
Persons with ultimate settlement authority must be personally present or readily available by phone.
Plaintiff must make settlement demand 10 days before conference; defendant must respond within 7 days.
Court's wording
At least ten days prior to the conference (on or before [insert date]), the plaintiff is to have made a settlement demand. No later than one week prior to the conference [insert date], the defendant is to have responded to that demand.
Counsel without settlement authority may be sanctioned.
Court's wording
Any counsel appearing without authority to negotiate, or without the ability to readily contact the person with full and ultimate settlement authority throughout the settlement conference, may be sanctioned.
Parties within 100 miles must attend settlement conference in person.
Court's wording
Participation of parties – in person -- is likely to increase the efficiency and effectiveness of the settlement conference. Any party who resides or has a business address within 100 miles of the courthouse shall attend the conference in person with counsel.
Parties not appearing in person shall be available by phone and email (including the ability to review documents and sign) for the duration of the settlement conference.
Must include
- •Document review ability
Settlement memoranda must be emailed to Magistrate Judge with specific subject line, no hard copies.
- Document
- Settlement memorandum
Must include
- •Case number
Court's wording
The memorandum shall include the case number, case name, and should be emailed directly to Magistrate Judge Fricke, at: [insert email]. The email subject line should read: “Confidential – [name of party] v. [name of party] - , 2018 - [Plaintiff’s/Defendant’s] Settlement Position Paper.” Do not mail hard copies of the settlement memorandum to chambers.
Filing & Service rules
Electronic Filing Rules
Counsel must e-file documents unless the court orders otherwise or the clerk directs otherwise; unrepresented parties may e-file but are not required to.
Unless otherwise specifically ordered by the court or directed by the clerk, all counsel are required to electronically file documents through the court’s electronic filing system and to comply with the electronic filing procedures for the district. Unrepresented parties may, but are not required to, electronically file documents.
Civil cases
Page 15 | LCR 5(d) Electronic Filing and Signing
All filed documents must comply with the court’s Electronic Filing Procedures for Civil and Criminal Cases.
All documents filed with the court shall be in accordance with the Electronic Filing Procedures for Civil and Criminal Cases adopted by General Order of the court. The Electronic Filing Procedures are available on the court’s web site at www.wawd.uscourts.gov and from the Clerk’s Office.
Civil cases
Page 33 | Civil Rules
Joint Instructions and any Joint Statement of Disputed Instructions must be filed and emailed as a Word- or WordPerfect-compatible attachment to the assigned judge’s email orders address under the court’s electronic filing procedures.
The “Joint Instructions” and any “Joint Statement of Disputed Instructions” shall be filed and shall be attached as a Word or WordPerfect compatible file to an email sent to the email orders address of the assigned judge pursuant to the court’s electronic filing procedures.
Civil cases
Page 95 | (h) Filing
Counsel must electronically file emergency motions unless the entire case is sealed.
Counsel must file emergency motions electronically unless the case is sealed in its entirety.
Civil cases
Page 103 | LCR 65(b)(3) Procedure
Local counsel must file this application electronically.
This application, which can be downloaded from the court’s website, must be filed electronically by local counsel.
Civil cases
Page 118 | LCR 83.1(d)(1) Admission Pro Hac Vice
The party in custody must send the clerk an original completed petition or motion form for filing.
The party in custody shall send to the clerk an original completed petition or motion form for filing.
Civil cases
Page 140 | LCR 100(d) Filing the Petition
Proposed jury instructions must be served on all parties, filed in the docket, and emailed as a Word or WordPerfect compatible file to the judge's e-mail orders address.
All proposed instructions must be served on all parties, filed in the docket, and attached as a Word or WordPerfect compatible file to an e-mail sent to the e-mail orders address of the assigned judge pursuant to the court's electronic filing procedures.
Criminal cases
Page 60 | CrR 30(c)
Counsel must e-file documents through the court's system; unrepresented parties may but are not required to e-file.
(a) Electronic Filing and Signing – Unless otherwise specifically ordered by the court or directed by the clerk, all counsel are required to electronically file documents through the court’s electronic filing system and to comply with the electronic filing procedures for the district. Unrepresented parties are authorized, but are not required to, electronically file documents. The court’s Electronic Filing Procedures for Civil and Criminal Cases can be found on the court’s website at www.wawd.uscourts.gov.
Criminal cases
Page 84 | CrR 49
Pro hac vice applications must be filed electronically by local counsel.
This application, which can be downloaded from the court's website, must be filed electronically by local counsel.
Criminal cases
Page 104 | CrR 62.1(d)(1)
Respondents must file the notice of intent to transfer or remove on the docket, and file a follow-up notice on the docket once the transfer or removal is completed.
Respondents shall also (1) file the notice of intent to transfer or remove on the Court's docket; and (2) file a notice on the docket if the transfer or removal is completed.
Page 10 | I. ORDER
A traverse filed through CM/ECF must use the "Reply to Response to Motion" filing event.
A traverse filed through CM/ECF shall be filed using the “Reply to Response to Motion” filing event.
Page 10 | I. ORDER
The return must be filed in CM/ECF using the "Response to Habeas Petition" filing event.
The return shall be filed using the “Response to Habeas Petition” CM/ECF filing event.
Page 10 | I. ORDER
Rule 26 initial disclosures, discovery requests and responses, and expert reports generally should not be filed unless used in the proceedings or filing is ordered by the court.
Rule 26 initial disclosures and discovery requests and responses must not be filed unless they are used in the proceedings or the court orders filing. Nor should expert witness reports be filed unless ordered by the court or unless a report is being submitted for use in the proceedings.
Civil cases
Page 15 | LCR 5(d) Electronic Filing and Signing
Pro se parties who opt not to e-file should, if possible, bring emergency motions to court during normal business hours rather than mail them.
Pro se parties who choose not to file electronically should, if possible, bring their emergency motions to the court during normal business hours to avoid the delay of mailing.
Civil cases
Page 103 | LCR 65(b)(3) Procedure
Cooperation materials may be filed electronically via CM/ECF to keep them off the public docket.
materials relating to a defendant’s cooperation, e.g. U.S.S.G. § 5K1.1, 18 U.S.C. § 3553(e) memos, or Fed. R. Crim. P. 35(b), and supporting documents may be filed electronically via CM/ECF pursuant to General Order 12-23 of this court so they do not appear on the publicly available docket.
Criminal cases
Page 85 | (d)(9)
Pro se petitioners may file their § 2241 petition in hard copy (paper) rather than electronically.
3. Paper Filings. A pro se petitioner that files their petition in hard copy will be sent a hard copy scheduling order by the Clerk’s Office in accordance with Paragraph 4 below.
Page 2 | 3. Paper Filings
Filing Timing and Cure Windows
Unless the court orders otherwise, an order transferring or remanding a case takes effect 14 days after filing.
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 12 | LCR 3 — Commencement and Assignment of Actions
For purposes of LCR 7, a motion filed on a weekend or legal holiday is deemed filed the next business day and must be noted accordingly.
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 22 | LCR 7(d) Noting Dates for Motions and Briefing Schedules
A surreply requesting that reply material be stricken must be filed within five days of the reply and may address only the request to strike.
(2) The surreply must be filed within five days of the filing of the reply brief, and shall be strictly limited to addressing the request to strike. Extraneous argument or a surreply filed for any other reason will not be considered.
Civil cases
Page 25 | LCR 7
A motion for reconsideration must be filed within fourteen days after the related order is filed.
The motion shall be filed within fourteen days after the order to which it relates is filed.
Civil cases
Page 25 | LCR 7(h)(2) Motions for Reconsideration
Represented parties’ attorneys and unrepresented parties must notify the court of address, telephone, or email changes, with the notice received by the Clerk’s Office within ten days.
Any attorney representing any party or any party not represented by an attorney must file a notice with the court of any change in address, telephone number or email address. Such notice must be received by the Clerk’s Office within ten days of the change.
Civil cases
Page 34 | (f) Name and Address of Parties and Attorneys
Unless the court orders otherwise, the party granted leave must file and serve the amended pleading on all parties within 14 days after the order is filed.
If a motion for leave to amend is granted, the party who was given leave to amend must file and serve the amended pleading on all parties within fourteen (14) days of the filing of the order granting leave to amend, unless the court orders otherwise.
Civil cases
Page 39 | LCR 15 — Amended Pleadings
A motion to compel discovery must be filed and served by the discovery deadline unless a court order directs otherwise.
Any motion to compel discovery shall be filed and served on or before the discovery deadline or as directed by court order.
Civil cases
Page 40 | LCR 16 — Pretrial Conferences; Scheduling; Management
Unless the court orders otherwise, a motion to exclude expert testimony under Daubert must be filed by the dispositive-motion deadline.
Unless otherwise ordered by the court, parties shall file any motion to exclude expert testimony for failure to satisfy Daubert v. Merrell Dow Pharmaceuticals, Inc. and its progeny not later than the deadline to file dispositive motions.
Civil cases
Page 40 | LCR 16 — Pretrial Conferences; Scheduling; Management
Unless otherwise ordered, the proposed pretrial order must be filed 30 days before the scheduled trial date.
The proposed pretrial order, bearing the signatures of counsel for each party, shall be filed 30 days prior to the scheduled trial date, unless otherwise ordered by the court.
Civil cases
Page 41 | LCR 16 — Proposed Pretrial Order
Not later than 30 days prior to the date for filing the proposed pretrial order, counsel for plaintiff(s) shall serve upon counsel for all other parties (but not file) a brief statement as to:
Not later than 30 days prior to the date for filing the proposed pretrial order, counsel for plaintiff(s) shall serve upon counsel for all other parties (but not file) a brief statement as to:
Civil cases
Page 42 | LCR 16 — Plaintiff’s Pretrial Statement
Each defense counsel must serve the statement no later than 20 days before the proposed pretrial order is filed.
Not later than 20 days prior to the filing of the proposed pretrial order, each defense counsel shall serve upon counsel for all other parties (but not file) a brief statement as to:
Civil cases
Page 42 | LCR 16 — Defendant’s Pretrial Statement
If the opposing party no longer objects to the requested relief, it must state that and respond as requested within seven days after receiving the draft submission.
If the opposing party no longer objects to the relief requested, it shall so state and respond as requested within seven days from the date the party received the draft LCR 37 submission.
Civil cases
Page 69 | LCR 37(a)(2)(C)
Within four days after receiving the opposing party’s submission, the moving party must add its reply and file the joint submission or notify the opponent that it will not pursue the requested relief.
Within four days of receipt of the LCR 37 submission from the opposing party, the moving party will either add its reply and file the joint submission with the court, or notify the opposing party that it no longer intends to move for the requested relief.
Civil cases
Page 70 | LCR 37(a)(2)(D)
The expedited submission must be noted for consideration on the date it is filed.
The submission shall be noted for consideration on the date of filing and shall be described as a “LCR 37 Joint Submission.”
Civil cases
Page 70 | LCR 37(a)(2)(H)
Notice of an agreement settling a jury-trial case or waiving a jury must be filed as soon as possible and no later than five days before the scheduled trial date.
Where cases set for trial by jury are settled or agreed to be tried without a jury, notice of such agreement shall be filed in the Clerk’s Office as soon as possible but no later than five (5) days before the day on which the case is set;
Civil cases
Page 72 | LCR 39 — Trial by Jury or by the Court
Unless trial de novo was waived in the arbitration agreement, a party may serve and file a written demand for trial de novo within 30 days after the award is filed.
Unless the agreement to arbitrate waived trial de novo, any party may, within 30 days of the filing of the award, serve and file a written demand for trial de novo.
Civil cases
Page 80 | (16)(A) Time for Demand
The initial individualized trial conference must occur within thirty days after filing the agreement, unless the court orders otherwise.
The conference shall occur no later than thirty (30) days after the filing of the agreement unless otherwise ordered by the court.
Civil cases
Page 82 | LCR 39.2 — Individualized Trial Program (e) Individualized Trial Conference
If initial disclosures have not been exchanged or are not yet due, the required disclosures must be exchanged within seven days after court approval of the individualized trial agreement.
If initial disclosures have not been exchanged, or if they are not yet due, the disclosures required by Fed. R. Civ. P. 26(a)(1)(A) shall be exchanged within seven (7) days after the agreement is approved by the court.
Civil cases
Page 82 | LCR 39.2 — Individualized Trial Program
Service and Proof of Service Rules
A private litigant or the litigant’s attorney must arrange for service through a person authorized to serve process.
The private litigant or attorney of record for the private litigant shall make appropriate arrangements with a person authorized to serve process.
Civil cases
Page 13 | LCR 4 — Summons
The U.S. Marshals Service must serve civil process for a private litigant when ordered by the court or required by an express statutory provision.
Upon order of this court or pursuant to an express statutory provision, however, the United States Marshals Service shall make service of civil process on behalf of a private litigant or their attorney of record.
Civil cases
Page 13 | LCR 4 — Summons
The U.S. Marshals Service must serve warrants and other process as prescribed by the Supplemental Admiralty Rules.
The United States Marshals Service shall, however, serve warrants and other process as prescribed in the Supplemental Admiralty Rules.
Civil cases
Page 14 | LCR 4.1 — Serving Other Process
When proof of service is required or permitted, it must appear as a certificate or acknowledgment on the document itself.
Whenever proof of service is required or permitted it shall be made by a certificate or acknowledgment of service on the document itself.
Civil cases
Page 15 | LCR 5(f) Proof of Service
An opposing party must timely file and serve its opposition brief and any supporting material on each party that has appeared.
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 21 | LCR 7(b)(2) Obligation of Opponent
Unless the court orders otherwise, the party granted leave must serve the amended pleading on all parties within 14 days after the order is filed.
If a motion for leave to amend is granted, the party who was given leave to amend must file and serve the amended pleading on all parties within fourteen (14) days of the filing of the order granting leave to amend, unless the court orders otherwise.
Civil cases
Page 39 | LCR 15 — Amended Pleadings
Each defense counsel must serve, but not file, a brief pretrial statement on other parties’ counsel no later than 20 days before the proposed pretrial order is filed.
Not later than 20 days prior to the filing of the proposed pretrial order, each defense counsel shall serve upon counsel for all other parties (but not file) a brief statement as to:
Civil cases
Page 42 | LCR 16 — Defendant’s Pretrial Statement
Plaintiff’s counsel must serve, but not file, a brief pretrial statement on other parties’ counsel no later than 30 days before the proposed pretrial order is due.
Not later than 30 days prior to the date for filing the proposed pretrial order, counsel for plaintiff(s) shall serve upon counsel for all other parties (but not file) a brief statement as to:
Civil cases
Page 42 | LCR 16 — Plaintiff’s Pretrial Statement
Discovery requests must be served early enough for all responses to be due before the discovery deadline.
Interrogatories, requests for admissions or production, etc., must be served sufficiently early that all responses are due before the discovery deadline.
Civil cases
Page 56 | LCR 26(d) Timing and Sequence of Discovery
If the parties cannot agree on arrangements for a deposition of a person in custody, the noticing party must serve notice on the specified recipients at least 14 days before the proposed deposition.
If agreement is not reached, the party noting the deposition shall serve a notice, at least 14 days before the proposed deposition, on the deponent, all other parties, the superintendent of the institution, and the attorney for the institution (e.g., the Washington Attorney General for a state prisoner, or the United States Attorney for a federal prisoner).
Civil cases
Page 62 | LCR 30 — Depositions by Oral Examination
A party offering deposition testimony at trial must provide all other parties a transcript with relevant portions highlighted by the pretrial-statement deadline, unless the court orders otherwise.
If a party intends to offer a deposition instead of, or in addition to, live testimony at trial, the party shall provide to all other parties a transcript of the deposition with the relevant portions highlighted, by no later than the due date for their pretrial statement under LCR 16(h) and LCR 16(i) or as otherwise ordered by the court.
Civil cases
Page 64 | LCR 32(e) Offering Portions of Depositions
A party offering a video deposition instead of live testimony must provide a copy to the court upon request and to all other parties by the pretrial-order filing deadline, in addition to complying with the preceding requirements.
If a party intends to offer a video deposition instead of live testimony, the party must, in addition to complying with the provisions above, submit a copy of the video deposition to the court upon request and to all other parties no later than the deadline for filing the pretrial order.
Civil cases
Page 64 | LCR 32(e) Offering Portions of Depositions
Other parties may provide highlighted objections and counter-designations to the opposing party by the LCR 16(k) attorney conference, unless the court orders otherwise.
Other parties may offer objections and counter- designations by highlighting them and providing the same to the opposing party no later than the conference of attorneys under LCR 16(k) or as otherwise ordered by the court.
Civil cases
Page 64 | LCR 32(e) Offering Portions of Depositions
The opposing party must serve its rebuttal within seven days after receiving the moving party’s LCR 37 submission.
Within seven days of receipt of the LCR 37 submission from the moving party, the opposing party shall serve a rebuttal to the moving party’s position for each of the disputed discovery requests identified in the motion.
Civil cases
Page 69 | LCR 37(a)(2)(C)
Memoranda must be delivered to the mediator and served on all other parties at least seven days before the mediation conference.
Copies of the memorandum must be delivered to the mediator and served upon all other parties at least seven days before the mediation conference.
Civil cases
Page 76 | Mediation Procedure—Memoranda
Unless trial de novo was waived in the arbitration agreement, a party may serve a written demand for trial de novo within 30 days after the award is filed.
Unless the agreement to arbitrate waived trial de novo, any party may, within 30 days of the filing of the award, serve and file a written demand for trial de novo.
Civil cases
Page 80 | (16)(A) Time for Demand
Within ten (10) court days after notice of entry of a verdict, a party may file with the clerk and serve on each adverse party a notice of intention to move for a new trial on any of the grounds specified in subsection (n)(3) of this rule.
Within ten (10) court days after notice of entry of a verdict, a party may file with the clerk and serve on each adverse party a notice of intention to move for a new trial on any of the grounds specified in subsection (n)(3) of this rule.
Civil cases
Page 84 | (n) Post-trial Motions
By the close of each trial day, counsel must provide opposing counsel with the next day's intended witness list, subject to modification for good cause.
Not later than the close of each day of trial, counsel shall provide to opposing counsel a list of the witnesses he or she intends to call the following day of trial. This requirement may be modified for good cause shown.
Civil cases
Page 90 | LCR 43(h)(3) Procedure at Trial
Filing Fees and Waivers
A party must pay the Civil Filing Fee when filing or removing a civil action unless the proceeding is in forma pauperis or otherwise exempted by law.
A party must pay the Civil Filing Fee when it files or removes any civil action except for proceedings in forma pauperis under LCR 3(c) or as otherwise exempted by law.
Civil cases
Page 5 | LCR 3 — Commencement and Assignment of Actions
If timely notice is not filed, the parties agreeing to settle or waive the jury trial must pay any government-incurred jury expenses to the clerk.
otherwise jury expenses incurred by the government, if any, shall be paid to the clerk by the parties agreeing to such settlement or waiver.
Civil cases
Page 72 | LCR 39 — Trial by Jury or by the Court
An attorney required to petition for regular admission after qualifying federal employment ends must pay the applicable fee.
If a conditionally admitted attorney ceases to be employed as an attorney for the United States or one of its agencies, the conditional admission will be revoked and the attorney must file a petition for admission as set forth in LCR 83.1(c)(1) and pay the applicable fee.
Civil cases
Page 117 | LCR 83.1(c)(2) Conditional Admission
A petitioner seeking reinstatement after disbarment must also file a Petition for Admission to Practice and pay the applicable fee.
Petitioners for reinstatement after disbarment must also file a Petition for Admission to Practice before this court and pay the applicable fee.
Civil cases
Page 128 | (9) Reinstatement
A habeas petition must be accompanied by the appropriate filing fee unless an expressly stated exception applies.
Petitions for habeas corpus shall be accompanied by the appropriate filing fee.
Civil cases
Page 140 | LCR 100(d) Filing the Petition
A prisoner § 1983 complaint must be accompanied by the appropriate filing fee or an application to proceed in forma pauperis.
The complaint shall be accompanied by the appropriate filing fee or an application to proceed in forma pauperis.
Civil cases
Page 144 | LCR 103 — Prisoner Complaints Under Civil Rights Act, 42 U.S.C. § 1983
Petitioners for reinstatement after disbarment must pay the applicable filing fee.
Petitions for reinstatement shall be filed with the Clerk of Court, who will transmit the petition to the Chief Judge. The petition must include a copy of this court’s prior order of suspension or disbarment, a copy of an order of reinstatement from another jurisdiction if the petitioner is seeking reinstatement based on such an order, and a concise statement of facts claimed to justify reinstatement. Petitioners for reinstatement after disbarment must also file a Petition for Admission to Practice before this court and pay the applicable fee.
Criminal cases
Page 115 | CrR 62.3 (E)
No fee is required for the legal intern application.
No fee shall be required.
Civil cases
Page 130 | LCR 83.4 — LEGAL INTERNS
No filing fee is required for § 2255 motions or habeas petitions filed with an in forma pauperis application.
No filing fee is required for motions filed pursuant to 28 U.S.C. § 2255 or for petitions for habeas corpus filed with applications to proceed in forma pauperis.
Civil cases
Page 140 | LCR 100(d) Filing the Petition
Conditionally admitted attorney whose employment ends must file a new petition and pay the applicable fee.
If a conditionally admitted attorney ceases to be employed as an attorney for the United States or one of its agencies, the conditional admission will be revoked and the attorney must file a petition for admission as set forth in CrR 62.1(c)(1) and pay the applicable fee.
Criminal cases
Page 103 | CrR 62.1(c)(2)
No fee is required for a Legal Intern application.
The applicant shall submit to the clerk a completed Application for Leave to Appear as a Legal Intern, which can be downloaded from the court’s website. No fee shall be required.
Criminal cases
Page 116 | CrR 62.4(b)
Courtesy Copy Requirements
Joint Pretrial Statement requires hard copy delivery to chambers in a binder with labeled dividers.
In addition to filing the Joint Pretrial Statement on the docket, the parties shall deliver a hard copy to chambers in a binder that has an index with items a - l above on labeled dividers.
Civil cases
Page 9 | VI. Courtroom Procedures
Hard copy of Joint Pretrial Statement must be delivered to chambers in a binder with labeled dividers.
In addition to filing the Joint Pretrial Statement on the docket, the parties shall deliver a hard copy to chambers in a binder that has an index with items a - l above on labeled dividers.
Civil cases
Page 9 | Joint Pretrial Statement
Multiple sets of exhibits and witness lists must be provided to courtroom deputy on first day of trial.
On the first day of trial, counsel for each party shall provide the courtroom deputy: (1) an original set of marked exhibits in a notebook for the use of witnesses during trial; (2) two duplicate sets of marked and bound exhibits for the Court’s use during trial; and (3) an original and three copies of each party’s respective witness and exhibits lists.
Civil cases
Page 10 | Exhibits
Glossary must be submitted to chambers 5 business days before trial.
The glossary shall be submitted to chambers no later than FIVE (5) business days in advance of the start of trial.
Civil cases
Page 10 | Glossary
If objections to deposition testimony remain unresolved, the offering party must provide two copies of the designated transcript to the Court five business days before the Final Pretrial Conference.
Deposition Testimony: The intent to utilize deposition testimony should be included in the proposed Joint Pretrial Order after counsel have conferred and narrowed any objections. If differences remain, counsel for the offering party shall provide to the Court two (2) copies of the designated transcript FIVE (5) business days prior to the Final Pretrial Conference.
Civil cases
Page 12 | C. Statements and Witnesses
No courtesy copies of pleadings accepted; exceptions for trial materials and patent case hearings.
The Court DOES NOT ACCEPT courtesy copies of pleadings. Hard copies of trial exhibits, jury instructions, and other trial-related materials, or exhibits or demonstrations for claim construction and other hearings in patent cases, are an exception to this policy.
Civil cases
Courtesy copies of pleadings are not accepted, with exceptions for trial exhibits and patent case materials.
The Court DOES NOT ACCEPT courtesy copies of pleadings. Hard copies of trial exhibits, jury instructions, and other trial-related materials, or exhibits or demonstrations for claim construction and other hearings in patent cases, are an exception to this policy.
Civil cases
Courtesy copies are not required unless the Court orders them; parties should consult their assigned judge’s webpage for applicable guidance.
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 | Civil Rules
Courtesy copies are not required unless the Court orders them.
Courtesy copies are not required unless otherwise ordered by the Court.
Civil cases
Page 103 | LCR 65(b)(6) Courtesy Copy
Sealing & Redaction Procedures
All settlement communications are confidential and not admissible for other purposes.
To encourage open communication, the Court orders that all matters communicated in connection with this judicial settlement are confidential and not to be used for any other purpose.
Civil cases
Page 5 | ORDER RE: SETTLEMENT CONFERENCE
A party seeking to file a document under seal must explore all alternatives first.
A party must explore all alternatives to filing a document under seal.
Civil cases
Page 15 | LCR 5(g) Sealing and Redacting of Court Records
Before seeking to seal a discovery document designated confidential by another party, the parties must meet and confer about withdrawing the designation or redacting the document.
If the party seeks to file the document under seal because another party has designated it as confidential during discovery, the filing party and the designating party must meet and confer to determine whether the designating party will withdraw the confidential designation or will agree to redact the document so that sealing is unnecessary.
Civil cases
Page 15 | LCR 5(g)(1)(A)
A document may be filed under seal only when expressly authorized by statute, rule, or prior order, or when a motion or stipulated motion to seal is filed before or at the same time.
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.
Civil cases
Page 16 | LCR 5(g)(2)
Parties must redact sensitive information the court need not consider, and a party unable to avoid sealing must follow the rest of the sealing rule.
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 16 | LCR 5(g)(1)(B)
After filing a motion to seal, a party may file the document under seal without prior approval, and it remains sealed until the court rules.
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 16 | LCR 5(g)(2)
Parties must minimize both the number and length of documents filed under seal.
A party must minimize the number of documents it files under seal and the length of each document it files under seal.
Civil cases
Page 16 | LCR 5(g)(4)
For an electronically filed document containing a sealed exhibit, replace the exhibit in the public filing with a blank page marked “EXHIBIT __ FILED UNDER SEAL” and file the exhibit as a separate sealed docket entry.
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 17 | Civil Rules
If the court withdraws a document instead of unsealing it, parties must not refer to it in filings and the court will not consider 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 17 | Civil Rules
A declaration to be sealed must be filed as a separate sealed docket entry.
Where the document to be sealed is a declaration, the declaration shall be filed as a separate sealed docket entry.
Civil cases
Page 17 | Civil Rules
Filing a motion, opposition, or reply under seal should occur only in rare circumstances; if confidential information cannot be avoided, publicly file a redacted version and file the unredacted version under seal with a motion or stipulated 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 17 | Civil Rules
A paper copy of a sealed document must be enclosed in a sealed envelope marked with the 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.”
Civil cases
Page 17 | Civil Rules
The sealed-envelope marking requirement also applies to pro se parties, others exempt from mandatory e-filing, and parties submitting courtesy copies.
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 17 | Civil Rules
A separately filed excerpt of an administrative record must redact all personal information under LCR 5.2(a) or be the subject of a motion to file it 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 19 | LCR 5.2 — Redaction of Filings
Parties must omit or partially redact specified personal identifiers from court filings and hearing or trial exhibits, subject to stated exceptions and court orders.
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: (1) Dates of Birth - redact to the year of birth, unless deceased (2) Names of Minor Children - redact to the initials, unless deceased or currently over the age of 18 (3) Social Security Numbers and Taxpayer-Identification Numbers- redact in their entirety (4) Financial Accounting Information - redact to the last four digits (5) Passport Numbers and Driver License Numbers - redact in their entirety
Civil cases
Page 19 | LCR 5.2 — Redaction of Filings
Administrative records in the specified Social Security and immigration matters must be filed and maintained under seal unless the court orders otherwise.
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 19 | LCR 5.2 — Redaction of Filings
Grand Jury motions and related papers may be filed under seal without judicial authorization.
The Clerk’s office shall accept for filing under seal without the need for further judicial authorization all motions and accompanying papers designated by counsel as related to Grand Jury matters.
Criminal cases
Page 15 | CrR 6
Grand Jury motions practice must be accorded secrecy protections under Fed. R. Crim. P. 6(e).
Motions practice in connection with Grand Jury proceedings and process issued in aid of such proceedings shall be accorded the secrecy protections as set forth in Fed. R. Crim. P. 6(e).
Criminal cases
Page 15 | CrR 6
Filing Bundling Requirements
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.
Civil cases
Page 2 | II. Motions - A. Structure, Page Limitations, and Typeface
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.
Civil cases
Page 23 | LCR 7(e)(5) Motions in Limine
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.
Civil cases
Page 41 | LCR 16 — Pretrial Conferences; Scheduling; Management
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.
Page 10 | I. ORDER
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.
Civil cases
Page 24 | LCR 7(e)(4)
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.
Civil cases
Page 26 | LCR 7(k) Cross Motions
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
Civil cases
Page 101 | LCR 56
Reply briefs are prohibited in claim construction briefing without a court order.
No reply briefs shall be filed unless otherwise ordered by the Court.
Civil cases
Page 9 | 134(b) Claim Construction Briefs
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.
Civil cases
Page 26 | LCR 7(k) Cross Motions
Pre-Motion Conference Requirements
Parties must note all motions, except those specifically listed in LCR 7(d)(1), 7(d)(2), 7(d)(4), 7(d)(5), and 7(o), including motions to exclude expert testimony for failure to satisfy Fed. R. Evid. 702/Daubert, for consideration no earlier than 21 days from filing.
All motions, except those specifically listed in LCR 7(d)(1), 7(d)(2), 7(d)(4), 7(d)(5), and 7(o), including motions to exclude expert testimony for failure to satisfy Fed. R. Evid. 702/Daubert, shall be noted for consideration no earlier than 21 days from the date of filing.
Civil cases
Page 22 | LCR 7(d)(3) 21-Day Motions
Motions for relief from a deadline and motions for protective orders must be noted at least 14 days after filing.
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 22 | LCR 7(d)(2) 14-Day Motions
Reply papers for a 21-day motion must be filed and received by the opposing party within 21 days after the motion is filed.
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 22 | LCR 7(d)(3) 21-Day Motions
The listed stipulated, joint, unopposed, specified, ex parte, default, recusal, and TRO matters must be noted for the filing day.
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 22 | LCR 7(d)(1) Same Day Motions
Motions must be noted for consideration on a weekday that is not a legal holiday.
All motions shall be noted for consideration on a weekday, excluding legal holidays.
Civil cases
Page 22 | LCR 7(d) Noting Dates for Motions and Briefing Schedules
A response to a 21-day motion must be filed and received by the movant within 15 days after the motion is filed.
Any response shall be filed and received by the moving party no later than 15 days after the filing date of the motion.
Civil cases
Page 22 | LCR 7(d)(3) 21-Day Motions
A later noting date that would push a deadline beyond the scheduling order or another court deadline requires a court order.
If the later noting date would extend a deadline beyond what is described in the case scheduling order or other court deadline, it requires an order of the court.
Civil cases
Page 22 | LCR 7(d) Noting Dates for Motions and Briefing Schedules
Reply papers for a 14-day motion must be filed and received by the opposing party within 14 days after the motion is filed.
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 22 | LCR 7(d)(2) 14-Day Motions
A response to a 14-day motion must be filed and received by the movant within 9 days after the motion is filed.
Any response shall be filed and received by the moving party no later than 9 days after the filing date of the motion.
Civil cases
Page 22 | LCR 7(d)(2) 14-Day Motions
The motions-in-limine procedure does not apply to Daubert motions to exclude expert testimony, which must be filed by the dispositive motion deadline.
This subsection shall not apply to Daubert motions to exclude expert testimony. Such motions shall be filed by the dispositive motion deadline.
Civil cases
Page 23 | LCR 7(e)(5) Motions in Limine
Any response must be filed and received by the moving party no later than 6 days before the pretrial conference.
Any response shall be filed and received by the moving party no later than 6 days prior to the pretrial conference.
Civil cases
Page 23 | LCR 7(e)(5) Motions in Limine
An over-length motion must be filed as soon as possible and at least 3 days before the underlying filing is due, and noted for consideration on its filing day under LCR 7(d)(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).
Civil cases
Page 24 | LCR 7(f)(1)
A telephonic-motion request will be considered only if all counsel join the request call or requesting counsel represents that reasonable efforts to include them were unsuccessful.
No request for a telephonic motion shall be considered unless all counsel participate in the call making the request, or unless it is represented by counsel making the call that reasonable efforts have been made to include all counsel in the call, and that such efforts were unavailing.
Civil cases
Page 25 | LCR 7(i) Telephonic Motions
No response to a reconsideration motion may be filed, and the motion will not be granted, unless the court requests a response.
No response to a motion for reconsideration shall be filed unless requested by the court. No motion for reconsideration will be granted without such a request.
Civil cases
Page 25 | LCR 7(h)(3) Response
A cross motion must be noted under the local rules, and the court typically considers it with the underlying motion even if they are 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 26 | LCR 7(k) Cross Motions
A good-faith meet-and-confer requires a face-to-face meeting or telephone conference.
A good faith effort to confer requires a face-to-face meeting or a telephone conference.
Civil cases
Page 55 | LCR 26(c)(1) Protective Orders
A good-faith effort to confer about a disclosure or discovery dispute requires a face-to-face meeting or telephone conference.
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) Meet and Confer Requirement
Adjournment & Extension Requirements
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.
Civil 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.
Civil 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.
Civil 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.
Civil cases
Page 26 | LCR 7(j) Motions for Relief from a Deadline
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.
Civil cases
Page 41 | LCR 16 — Pretrial Conferences; Scheduling; Management
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.
Civil cases
Page 72 | LCR 39 — Trial by Jury or by the Court
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.
Criminal cases
Page 105 | CrR 62.2(a)(3)
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.
Page 10 | I. ORDER
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.”
Civil cases
Page 2 | ORDER RE: SETTLEMENT CONFERENCE
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.
Civil 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.
Civil cases
Page 26 | LCR 7(j) Motions for Relief from a Deadline
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.
Civil cases
Page 26 | LCR 7(j) Motions for Relief from a Deadline
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.
Civil cases
Page 26 | LCR 7(j) Motions for Relief from a Deadline
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).
Civil cases
Page 120 | LCR 83.2(c) Notices of Unavailability
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.
Criminal cases
Page 23 | PLEADINGS AND PRETRIAL MOTIONS
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.
Criminal cases
Page 24 | PLEADINGS AND PRETRIAL MOTIONS
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.
Criminal cases
Page 64 | CrR 32(i)(1)(B)
Chambers Communication Rules
All communications during judicial settlement are confidential and may not be used for other purposes.
To encourage open communication, the Court orders that all matters communicated in connection with this judicial settlement are confidential and not to be used for any other purpose.
Civil cases
Page 5 | ORDER RE: SETTLEMENT CONFERENCE WITH UNITED STATES MAGISTRATE JUDGE
Counsel must narrow issues before contacting court about discovery disputes
Counsel shall not contact the Court until they have sufficiently narrowed the disputed issues to only those issues they cannot, without Court assistance, resolve themselves.
Civil cases
Page 6 | III. Discovery Disputes
To schedule a telephone hearing for discovery disputes, counsel must send a joint email to chambers with a description and available dates.
To arrange a telephone hearing, all counsel (not support staff) for the disputing parties shall send a joint email to Payal_Patel@wawd.uscourts.gov with a short (maximum one paragraph) joint description of the dispute, as well as three dates and time ranges when the parties are available for a teleconference.
Civil cases
Page 6 | III. Discovery Disputes
Discovery disputes: joint email to Payal_Patel@wawd.uscourts.gov with dispute description and availability
To arrange a telephone hearing, all counsel (not support staff) for the disputing parties shall send a joint email to Payal_Patel@wawd.uscourts.gov with a short (maximum one paragraph) joint description of the dispute, as well as three dates and time ranges when the parties are available for a teleconference.
Civil cases
Page 6 | III. Discovery Disputes
The parties shall evaluate the opportunity for settlement at the outset of the case . To that end, the parties shall contact chambers to request mediation (with a Magistrate Judge, private mediator, or the Court’s mediation program), arbitration, or any other form of alternate dispute resolution where they are in agreement that such would be helpful.
The parties shall evaluate the opportunity for settlement at the outset of the case . To that end, the parties shall contact chambers to request mediation (with a Magistrate Judge, private mediator, or the Court’s mediation program), arbitration, or any other form of alternate dispute resolution where they are in agreement that such would be helpful.
Civil cases
Page 8 | Settlement Procedures
The proposed order must be sent by email to the assigned judge’s email orders address.
This proposed order shall be attached as a Word or Word Perfect compatible file to an email sent to the email orders address of the assigned judge pursuant to the court’s Electronic Filing Procedures.
Civil cases
Page 70 | LCR 37(a)(2)(G)
Immediately after filing the agreement, the plaintiff must contact the assigned judge’s courtroom deputy to request an initial individualized trial conference.
Immediately upon the filing of the agreement, plaintiff shall contact the courtroom deputy for the assigned judge and request an initial individualized trial conference.
Civil cases
Page 82 | LCR 39.2 — Individualized Trial Program (e) Individualized Trial Conference
After filing an emergency motion, the filer must promptly call the Clerk’s Office to notify the court, using the Seattle or Tacoma number provided.
After the motion is filed, the filer must promptly call the Clerk’s Office at (206) 370-8400 (Seattle) or (253) 882-3800 (Tacoma) to advise the court that it has filed an emergency motion.
Civil cases
Page 103 | LCR 65(b)(3) Procedure
For each disbursement recipient, email the mailing address and completed IRS W-9 to the Clerk’s Office Finance Department; do not file them in the record.
Mailing address(es) and a completed IRS W-9 form from each disbursement recipient must be emailed to the Clerk’s Office Finance Department at seafin@wawd.uscourts.gov, but shall not be filed in the record.
Civil cases
Page 106 | LCR 67(b) — Investing and Withdrawing Funds
Counsel must wear face coverings at all times except when speaking.
Counsel must wear a face covering at all times, except while speaking.
Page 3 | Additional COVID-19 Protective Measures
Counsel should maintain social distancing, that is, counsel should maintain six feet of distance between counsel and anyone else in the Courthouse at all times.
Counsel should maintain social distancing, that is, counsel should maintain six feet of distance between counsel and anyone else in the Courthouse at all times.
Page 3 | Additional COVID-19 Protective Measures
Counsel cannot move courthouse seats/chairs as they are positioned for social distancing.
Counsel are not to move any of the seats/chairs in the Courthouse. These were strategically placed in order preserve social distancing.
Page 3 | Additional COVID-19 Protective Measures
In the days immediately preceding the settlement conference, if either party believes that negotiation attempts would not be fruitful at the time set for the conference for any reason, that party should contact the Court as soon as possible to discuss the concern.
In the days immediately preceding the settlement conference, if either party believes that negotiation attempts would not be fruitful at the time set for the conference for any reason, that party should contact the Court as soon as possible to discuss the concern.
Civil cases
Page 5 | ORDER RE: SETTLEMENT CONFERENCE
Hard copies of settlement memoranda are prohibited; electronic submission only.
Do not mail hard copies of the settlement memorandum to chambers.
Civil cases
Parties should avoid contacting chambers except for scheduling or settlement; all parties must be on the line for scheduling/settlement communications unless others consent.
Except as provided for in this Order, parties and counsel should avoid contacting chambers. Ex parte communications with Judge Fricke or judicial law clerks involving any matter other than scheduling or notice of settlement are strongly discouraged. In relation to scheduling and/or settlement, unless the other parties have consented to have one party contact the Court alone, all parties must be on the line when communicating with the Court.
Civil cases
Page 2 | I. Communications with Chambers
Except as provided for in this Order, parties and counsel should avoid contacting chambers. Ex parte communications with Judge Fricke or judicial law clerks involving any matter other than scheduling or notice of settlement are strongly discouraged. In relation to scheduling and/or settlement, unless the other parties have consented to have one party contact the Court alone, all parties must be on the line when communicating with the Court.
Except as provided for in this Order, parties and counsel should avoid contacting chambers. Ex parte communications with Judge Fricke or judicial law clerks involving any matter other than scheduling or notice of settlement are strongly discouraged. In relation to scheduling and/or settlement, unless the other parties have consented to have one party contact the Court alone, all parties must be on the line when communicating with the Court.
Civil cases
Page 2 | I. Communications with Chambers
Waiver requests for witness exclusion must be discussed with opposing counsel and presented to court before trial.
If counsel desire a waiver of the rule with respect to a specific witness (for example, an expert), counsel shall first discuss the matter with opposing counsel and then present the request to the Court during the preliminary morning session prior to the start of trial on the particular day at issue.
Civil cases
Page 11 | C. Statements and Witnesses