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Introduction to the Civil Rules



CIVIL RULES INTRODUCTION TO THE CIVIL RULES

These are the Local Rules of practice for civil proceedings before the United States District Court for the Western District of Washington. These rules, promulgated under 28 U.S.C. § 2071 and Fed. R. Civ. P. 83, have been adopted by the judges of the district and apply to all civil proceedings before this court unless otherwise ordered in a specific case.

The judges of this district are committed to assisting the bar and litigants to reduce costs in civil cases. It is the obligation of all counsel, as officers of the court, to work toward the prompt completion of each case and to minimize the costs of discovery. The local rules provide the judges and attorneys with basic tools for the management of civil cases, including discovery. Attorneys and litigants are urged to use these tools creatively and cooperatively to manage civil cases on a cost-effective basis and to develop a cost-effective case management plan in each case.

While no list is exhaustive, attorneys and litigants should consider the following means for reducing costs: (a) limiting discovery and phasing discovery and motions to bring on for early resolution potentially dispositive issues; (b) the availability of judges to resolve discovery disputes by telephone or informal conference; (c) scheduling discovery or case management conferences with the judge assigned to the case as necessary; (d) early referral to mediation through Local Rule 39.1 or other alternative dispute resolution mechanism; (e) the use of an abbreviated pretrial order; and (f) consenting to the assignment of the case to a United States magistrate judge for the conduct of all proceedings pursuant to 28 U.S.C. § 636(c). The judges will support the use of these tools and, if necessary, impose them, when appropriate and helpful to reduce costs or more effectively manage and resolve civil cases.

Along with the cost of civil litigation, the judges of this district are very concerned about professionalism among attorneys, especially in the conduct of discovery. The judges of this district expect a high degree of professionalism from the lawyers practicing before them. The orders issued by judges of this district at the outset of a case to govern conduct and scheduling of written discovery and depositions express those expectations. There should be no difference between the professional conduct of counsel when appearing before the court and when engaged outside it whether in discovery or any other phase of a case.

All counsel and unrepresented parties are encouraged to review their assigned judge’s web page for procedural information specifically applicable to each judge. The Local Rules, Electronic Filing Procedures for Civil and Criminal Cases, court forms, instruction sheets, General Orders, and judges’ web pages can be found on the court’s website at www.wawd.uscourts.gov.

LCR 1 SCOPE AND PURPOSE; DEFINITIONS; PROHIBITION OF BIAS

(a) Purpose

These rules should be interpreted so as to be consistent with the Federal Rules and to promote the just, efficient, speedy, and economical determination of every action and proceeding.

(b) Other Local Rules

In addition to these rules, this district has promulgated local rules in the following subject areas: admiralty and maritime, bankruptcy, criminal proceedings, proceedings before magistrate judges, and patent, all of which can be found on the court’s website.

(c) Definitions

(1) “Chief Judge” of this district is the judge who has attained that position pursuant to 28 U.S.C. § 136. The Chief Judge shall have precedence and preside at any session that he or she attends. The current Chief Judge of this district is identified on the court’s website.

(2) “Clerk” or “Clerk of Court” refers to the District Court Executive/Clerk of Court or a deputy Clerk of Court.

(3) “Court” refers to the United States District Court for the Western District of Washington and to a Judge, Clerk, or deputy clerk acting on behalf of the Court.

(4) “General Orders” are made by the Chief Judge or by the court relating to court administration and are available on the court’s website.

(5) “Judge” refers to a United States District Judge, a United States Bankruptcy Judge, or United States Magistrate Judge.

(6) “Meet and Confer” means a good faith conference in person or by telephone to attempt to resolve the matter in dispute without the court’s involvement. The court expects a high degree of professionalism and collegiality among counsel during any meet and confer conference.

(7) “Stipulated Motion” is a stipulation (agreement) between or among the parties presented to the court with a proposed order.

(d) Prohibition of Bias

Litigation, inside and outside the courtroom in the United States District Court for the Western District of Washington, must be free from prejudice and bias in any form. Fair and equal

treatment must be accorded all courtroom participants, whether judges, attorneys, witnesses, litigants, jurors, or court personnel. The duty to be respectful of others includes the responsibility to avoid comment or behavior that can reasonably be interpreted as manifesting prejudice or bias toward another on the basis of categories such as gender, race, ethnicity, religion, disability, age, or sexual orientation.

LCR 2 RESERVED

LCR 3 COMMENCEMENT AND ASSIGNMENT OF ACTIONS

(a) Civil Cover Sheet Required

Every complaint shall be accompanied by a Civil Cover Sheet, Form JS-44 revised. All civil actions in which jurisdiction is invoked in whole or in part under 28 U.S.C. § 1338 (regarding patents, copyrights and trademarks) shall be accompanied by the required notice to the Patent and Trademark Office, Form AO 120, in patent and trademark matters, and by the required notice, Form AO 121, in copyright matters. These forms are available on the court’s website and on the U.S. Courts website at www.uscourts.gov.

(b) Proceedings In Forma Pauperis (Without Payment of Court Fees)

At the time application is made under 28 U.S.C. § 1915 or other applicable acts of Congress for leave to commence any civil action or to file any petition or motion without being required to prepay fees and costs or give security for them, each petitioner, movant or plaintiff shall:

(1) Complete the in forma pauperis application approved for use in this district for the specific type of case; and

(2) File a written consent that the recovery, if any, in the action, to such amount as the court may direct, shall be paid to the clerk who may pay therefrom all unpaid fees and costs taxed against the plaintiff, and to his attorney the amount which the court allows or approves as compensation for the attorney's services.

(3) In all proceedings in forma pauperis, for a writ of habeas corpus, or under 28 U.S.C. § 2255, the marshal shall pay all fees of witnesses for the party authorized to proceed in forma pauperis, upon the certificate of the judge.

(c) Initial Case Assignment

Unless otherwise provided in these Rules or the General Orders of the Court, all actions, causes and proceedings shall be assigned by the clerk to judges by random selection.

(d) Intradistrict Assignment and Reassignment

(1) In all civil cases in which all defendants reside, or in which all defendants have their principal places of business, or in which the claim arose in the counties of Clallam, Clark, Cowlitz, Grays Harbor, Jefferson, Kitsap, Lewis, Mason, Pacific, Pierce, Skamania, Thurston, and Wahkiakum, the case will usually be assigned to a judge in Tacoma. In cases where all defendants have their principal places of business, or in which the claim arose in the counties of Island, King, San Juan, Skagit, Snohomish, or Whatcom, the case will be assigned to a judge in Seattle. A civil action arises where a substantial part of the events or omissions that give rise to the claim occurred or where a substantial part of the property that is the subject of the action is situated. Cases removed from state court will

be initially assigned to the Seattle Division or Tacoma Division according to the county where the action is pending.

(2) In some circumstances, a judge will order that a case that would otherwise be considered a Tacoma case be assigned to a Seattle judge, and vice versa.

(3) See LCR 42 for additional information regarding the intradistrict transfer of cases to facilitate consolidation.

(e) Motions to Recuse

Whenever a motion to recuse directed at a judge of this court is filed pursuant to 28 U.S.C. § 144 or 28 U.S.C. § 455, the challenged judge will review the motion papers and decide whether to recuse voluntarily. If the challenged judge decides not to voluntarily recuse, he or she will direct the clerk to refer the motion to the chief judge, or the chief judge’s designee. If the motion is directed at the chief judge, or if the chief judge or the chief judge’s designee is unavailable, the clerk shall refer it to the active judge with the highest seniority.

(f) Notice of Related Cases

A plaintiff must list all related cases in the Civil Cover Sheet.

(1) Unless an action is listed as related in the Civil Cover Sheet, a party must file a Notice of Related Case alerting the court as soon as it knows or learns that another action that was or is pending in this district may be related to the party’s case. The notice should include the case number, presiding judge, and parties involved in the related case, and an explanation of the relationship between or among the cases.

(2) An action is related to another when the actions: (A) concern substantially the same parties, property, transaction, or event; and

(B) it appears likely that there will be an unduly burdensome duplication of labor and expense or the potential for conflicting results if the cases are conducted before different judges.

(g) Notice of Pendency of Other Action in Another Jurisdiction or Forum

Whenever a party knows or learns that its pending case involves all or a material part of the same subject matter and all or substantially the same parties as another action that is pending in any other federal or state court, before an administrative body, or before an arbitrator, the party must file a Notice of Pendency of Other Action within five days of learning of the other action. The Notice must contain the title and case number of the other action, a brief description of the other action, the title and location of the court or other forum in which the other action is pending, a statement of any relationship between the two actions, a statement regarding whether transfer

should be effected pursuant to 28 U.S.C. § 1407 (Multi District Litigation Procedures) if the action is pending in another U.S. District Court, and a statement regarding whether coordination between the actions might avoid conflicts, conserve resources and promote an efficient determination of the action.

(h) Transfer or Remand of Actions; Effective Date

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.

(a) Form of Summons

LCR 4 SUMMONS

It is the obligation of a party seeking the issuance of a summons by the clerk to present the summons to the clerk in the proper form, prepared for issuance, with sufficient copies for service. Forms of summons may be obtained from the clerk.

(b) Reserved

(c) Service with Complaint; by Whom Made

Except as provided for herein, the United States Marshals Service is relieved from any and all civil process serving responsibilities within this district on behalf of private litigants. The private litigant or attorney of record for the private litigant shall make appropriate arrangements with a person authorized to serve process. 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 his attorney of record.

LCR 4.1 SERVING OTHER PROCESS

(a) Service of Other Process by United States Marshals Service

As set forth in LCR 4, the United States Marshals Service is relieved from any and all civil process serving responsibilities within this district on behalf of private litigants but may make service under the circumstances set forth in the rule. The United States Marshals Service shall, however, serve warrants and other process as prescribed in the Supplemental Admiralty Rules.

LCR 5 SERVING AND FILING PLEADINGS AND OTHER PAPERS

(a) Reserved

(b) The Court Authorizes Service Under Fed. R. Civ. P. 5(b) by Electronic Means

The court authorizes parties to use the court’s Electronic Case Filing System (ECF) to effect service of documents under Fed. R. Civ. P. 5(b). This provision does not alter Fed. R. Civ. P. 5(d); Rule 26 initial disclosures and discovery requests and responses must not be filed until they are used in the proceedings or the court orders filing. If the recipient is a registered participant in the ECF system, service is complete when the document is electronically filed or uploaded to the docket. If the recipient is not a registered participant in the ECF system, the filer must effect service in paper form according to the Federal Rules of Civil Procedure.

(c) Reserved

(d) Electronic Filing and Signing

The court allows papers to be filed and signed by electronic means. 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. The court’s Electronic Filing Procedures for Civil and Criminal Cases can be found on the court’s website at www.wawd.uscourts.gov

(e) Reserved

(f) Proof of Service

Proof of service of all filings required or permitted to be served, other than those for which a method of proof is prescribed in the Federal Rules of Civil Procedure, shall be made by a certificate or acknowledgment of service on the document itself. Parties should not file a separate proof of service document unless it is necessary. Failure to make the proof of service required by this subdivision does not affect the validity of the service, and the court may at any time allow the proof of service to be amended or supplied unless it clearly appears that to do so would result in material prejudice to any party.

(g) Sealing and Redacting of Court Records

There is a strong presumption of public access to the court’s files. This rule applies in all instances where a party seeks to overcome the policy and the presumption by filing a document under seal.

(1) A party must explore all alternatives to filing a document under seal.

  1. (A) 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.

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

  3. (2) A party may file a document under seal in only two circumstances:

  4. (A) if a statute, rule, or prior court order expressly authorizes the party to file the document under seal; or

  5. (B) if the party files a motion or stipulated motion to seal the document before or at the same time the party files the sealed document. Filing a motion or stipulated motion to seal permits the party to file the document under seal without prior court approval pending the court’s ruling on the motion to seal. The document will be kept under seal until the court determines whether it should remain sealed.

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

  7. (3) A motion to seal a document, even if it is a stipulated motion, must include the following:

  8. (A) a certification that the party has met and conferred with all other parties in an attempt to reach agreement on the need to file the document under seal, to minimize the amount of material filed under seal, and to explore redaction and other alternatives to filing under seal; this certification must list the date, manner, and participants of the conference;

  9. (B) a specific statement of the applicable legal standard and the reasons for keeping a document under seal, with evidentiary support from declarations where necessary.

  10. Where parties have entered a litigation agreement or stipulated protective order (see LCR 26(c)(2)) governing the exchange in discovery of documents that a party deems confidential, a party wishing to file a confidential document it obtained from another party in discovery may file a motion to seal but need not satisfy subpart (3)(B) above. Instead, the party who designated the document confidential must satisfy subpart (3)(B) in its response to the motion to seal or in a stipulated motion.

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

  2. (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:

  3. (A) the party shall redact the confidential information from the motion, opposition, or reply and publicly file the redacted motion, opposition, or reply; and

  4. (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.

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

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

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

  8. (9) When a party files a paper copy of a sealed document, the party shall seal the document in an envelope marked with the case caption and the phrase “FILED UNDER SEAL.” This requirement applies to pro se parties and others who are exempt from mandatory electronic filing and to parties submitting courtesy copies to comply with LCR 10(e)(9).

LCR 5.1 RESERVED

(a) Redacted Filings

LCR 5.2 REDACTION OF FILINGS

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, unless otherwise ordered by the court:

(1) Dates of Birth - redact to the year of birth (2) Names of Minor Children - redact to the initials (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

(b) Reserved

(c) Social Security Appeals and Immigration Cases

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. These actions are entitled to special treatment due to the prevalence of sensitive information and the volume of filings. 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).

(a) Computing Time

LCR 6 COMPUTING AND EXTENDING TIME

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

(b) Motions to shorten time have been abolished.

LCR 7 FORM AND SCHEDULING OF MOTIONS

(a) Reserved (b) Motions and Other Papers

(1) Obligations of Movant. The moving party shall serve the motion and a proposed order on each party that has appeared in the action, and shall file the motion and proposed order with the clerk. The argument in support of the motion shall not be made in a separate document but shall be submitted as part of the motion itself. If the motion requires consideration of facts not appearing of record, the movant shall also serve and file copies of all affidavits, declarations, photographic or other evidence presented in support of the motion.

All motions shall include in the caption (immediately below the title of the motion) the date the motion is to be noted for consideration upon the court's motion calendar. See LCR 7(d) for scheduling motions and briefing deadlines. The noting date is the date by which all briefing is complete and the matter is ready for the court’s consideration, although the court may not issue a ruling on that day. The form for this notation shall be as follows:

NOTE ON MOTION CALENDAR: [insert date noted for consideration]

(2) Obligation of Opponent. 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). Except for motions for summary judgment, if a party fails to file papers in opposition to a motion, such failure may be considered by the court as an admission that the motion has merit.

(3) Reply Brief. The moving party may, within the time prescribed in LCR 7(d), file with the clerk, and serve on each party that has appeared in the action, a reply brief in support of the motion, together with any supporting material of the type described in subsection (1).

(4) Oral Argument. Unless otherwise ordered by the court, all motions will be decided by the court without oral argument. Counsel shall not appear on the date the motion is noted unless directed by the court. A party desiring oral argument shall so indicate by including the words “ORAL ARGUMENT REQUESTED” in the caption of its motion or responsive memorandum. If a request for oral argument is granted, the clerk will notify the parties of the date and time for argument.

(5) Decisions on Motions. All motions will be decided as soon as practicable, and normally within thirty days following the noting date. The court encourages counsel to call the assigned judge's courtroom deputy clerk to verify that a motion is scheduled for

determination if a decision on the motion has not been received within forty-five days of the noting date.

(c) Reserved

(d) Noting Dates for Motions and Briefing Schedules

Unless otherwise provided by rule or court order, motions shall be noted for consideration as follows:

(1) Same Day Motions. Stipulated motions (see 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)), and motions for a temporary restraining order (“TRO”) (see LCR 65) shall be noted for consideration for the day they are filed.

(2) Second Friday Motions. Except for same day motions, all other motions shall be noted for consideration on a Friday. Pursuant to a General Order of this court, the following motions may be noted for consideration no earlier than the second Friday after filing and service of the motion:

(A) motions for relief from a deadline; (B) motions for protective orders; (C) motions to seal (see LCR 5(g)).

For any motion brought pursuant to this subsection, the moving party shall ensure that the motion papers are received by the opposing party on or before the filing date. Unless otherwise provided by court rule, any papers opposing motions of the type described in this subsection shall be filed and received by the moving party no later than the Wednesday before the noting date. Any reply papers shall be filed, and shall be received by the opposing party, no later than the noting date.

(3) Third and Fourth Friday Motions. Motions to dismiss, motions for summary judgment, motions seeking a preliminary injunction, motions for class certification, and motions directed toward changing the forum (through remand, transfer, or to compel arbitration) shall be noted for consideration on a date no earlier than the fourth Friday after filing and service of the motion. With the exception of the motions specifically listed in LCR 7(d)(1), 7(d)(2), and 7(d)(3), all other motions shall be noted for consideration on a date no earlier than the third Friday after filing and service of the motion.

Any opposition papers shall be filed and served not later than the Monday before the noting date. If service is by mail, the opposition papers shall be mailed not later than the

Friday preceding the noting date. Any reply papers shall be filed and served no later than the noting date.

(4) Motions in Limine. Except upon a showing of good cause, any motions in limine shall be filed as one motion and shall be noted for consideration no earlier than the third Friday after filing and service of the motion but no later than the Friday before any scheduled pretrial conference. Any opposition papers shall be filed and served no later than the Monday before the noting date. No reply papers shall be filed.

Any motion in limine must include a certification that the movant has in good faith conferred or attempted to confer with other affected parties in an effort to resolve which matters really are in dispute. A good faith effort to confer requires a face-to-face meeting or a telephone conference. If the court finds that counsel for any party, or a party proceeding pro se, willfully refuses to confer, fails to confer in good faith, or fails to respond on a timely basis to a request to confer, the court may take action as stated in LCR 11 of these rules.

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

(6) When a motion is filed on a Friday, that day is excluded from the time period under Fed. R. Civ. P. 6(a), so the following Friday is the first Friday after filing. When calculating time periods, parties should refer to LCR 6 and Fed. R. Civ. P. 6.

(7) Cases Involving Prisoners and Detainees. All motions filed in a case in which a party is under civil or criminal confinement shall be subject to the briefing schedule under Rule 7(d)(1) or 7(d)(3), not 7(d)(2).

(e) Length of Motions and Briefs

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 six pages.

(2) Motions noted under LCR 7(d)(2) and briefs in opposition shall not exceed twelve pages. Reply briefs shall not exceed six pages.

(3) Motions for summary judgment, motions to dismiss, motions for class certification, motions for a temporary restraining order, motions for preliminary injunction, and motions aimed at changing the forum (e.g., motions to remand, transfer, or compel arbitration) and briefs in opposition shall not exceed twenty-four pages. Reply briefs shall not exceed twelve pages.

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

(4) All other motions noted under LCR 7(d)(3) and briefs in opposition shall not exceed twelve pages. Reply briefs shall not exceed six pages.

(5) Any motion in limine noted under LCR 7(d)(4) and any brief in opposition shall not exceed eighteen pages.

(6) The court may refuse to consider any text, including footnotes, which is not included within the page limits. Captions, tables of contents, tables of authorities, signature blocks, and certificates of service need not be included within the page limit.

(f) Motions to File Over-length Motions or Briefs

Motions seeking approval to file an over-length motion or brief are disfavored but may be filed subject to the following:

(1) The motion shall be filed as soon as possible but no later than three days before the underlying motion or brief is due, and shall be noted for consideration for the day on which it is filed, pursuant to LCR 7(d)(1).

(2) The motion shall be no more than two pages in length and shall request a specific number of additional pages.

(3) No opposition to the motion shall be filed unless requested by the court.

(4) If the court grants leave to file an over-length motion, the brief in opposition will automatically be allowed an equal number of additional pages. In all cases, the reply brief shall not exceed one-half the total length of the brief filed in opposition.

(g) Requests to Strike Material Contained in Motion or Briefs; Surreply

Requests to strike material contained in or attached to submissions of opposing parties shall not be presented in a separate motion to strike, but shall instead be included in the responsive brief, and will be considered with the underlying motion. The single exception to this rule is for requests to strike material contained in or attached to a reply brief, in which case the opposing party may file a surreply requesting that the court strike the material, subject to the following:

(1) That party must file a notice of intent to file a surreply as soon after receiving the reply brief as practicable.

(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.

(3) The surreply shall not exceed three pages.

(4) No response shall be filed unless requested by the court. (5) This rule does not limit a party’s ability to file a motion to strike otherwise permitted by the

Federal Rules of Civil Procedure, including Fed. R. Civ. P. 12(f) motions to strike material in pleadings. The term “pleadings” is defined in Fed. R. Civ. P. 7(a).

(h) Motions for Reconsideration

(1) Standard. Motions for reconsideration are disfavored. The court will ordinarily deny such motions in the absence of a showing of manifest error in the prior ruling or a showing of new facts or legal authority which could not have been brought to its attention earlier with reasonable diligence.

(2) Procedure and Timing. A motion for reconsideration shall be plainly labeled as such. The motion shall be filed within fourteen days after the order to which it relates is filed. The motion shall be noted for consideration for the day it is filed. The motion shall point out with specificity the matters which the movant believes were overlooked or misapprehended by the court, any new matters being brought to the court's attention for the first time, and the particular modifications being sought in the court's prior ruling. Failure to comply with this subsection may be grounds for denial of the motion. The pendency of a motion for reconsideration shall not stay discovery or any other procedure.

(3) 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. The request will set a time when the response is due, and may limit briefing to particular issues or points raised by the motion, may authorize a reply, and may prescribe page limitations.

(i) Telephonic Motions

Upon the request of any party, and with the court's approval, a motion may be heard by telephone without the filing of motion papers. 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. Whether such telephonic motions will be considered, what procedural requirements will be imposed, and the type of relief granted are within the sole discretion of the court.

(j) Motions for Relief from a 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. 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 in LCR 7(i). It is expected that if a true emergency exists, the parties will stipulate to an extension.

(k) Cross Motions

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

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.

(l) Withdrawing and Renoting Pending Motions

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

The court may renote a pending motion to ensure compliance with applicable court rules or for other reasons.

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

(m) Praecipe

Parties are expected to file accurate, complete documents, and the failure to do so may result in the court’s refusal to consider later filed corrections or additions to the record. In the event that an error is discovered, a party should file, as promptly as possible, a praecipe requesting that the court consider a corrected document, which must be filed with the praecipe. The praecipe must specify by docket number the document being corrected and the corrections by page and line number. If the party seeks to add an additional document in support of a previous filing, the praecipe must set forth why the document was not included with the original filing and reference the original filing by docket number.

(n) Notice of Supplemental Authority

Before the court rules on a pending motion, a party may bring to the court’s attention relevant authority issued after the date the party’s last brief was filed by serving and filing a Notice of Supplemental Authority that attaches the supplemental authority without argument.

LCR 7.1 CORPORATE DISCLOSURE STATEMENT

(a) Who Must File; Copies

Any nongovernmental party, other than an individual or sole proprietorship, must file a corporate disclosure statement identifying:

  1. (1) any parent corporation and any publicly held corporation owning more than 10% of its stock;

  2. (2) any member or owner in a joint venture or limited liability corporation (LLC);

  3. (3) all partners in a partnership or limited liability partnership (LLP); or

  4. (4) any corporate member, if the party is any other unincorporated association

If there is no parent, shareholder, member, or partner to list in response to items (1) through (4), a corporate disclosure statement must still be filed stating that no such entity exists.

LCR 8 PLEADING

(a) Contents of Complaint in Diversity Cases

If plaintiff is asserting that this court has jurisdiction based on diversity, the complaint must identify the citizenship of the parties, and, if any of the parties is a limited liability corporation (LLC), a limited liability partnership (LLP), or a partnership, identify the citizenship of the owners/partners/members of those entities to establish the court’s jurisdiction.

LCR 9 PLEADING ADMIRALTY AND OTHER SPECIAL MATTERS

(a) to (g) Reserved

(h) Admiralty and Maritime Claims

The words "IN ADMIRALTY" shall be typed in capital letters above the cause number on the first page of a pleading setting forth a claim which is cognizable only in admiralty. The words "AT LAW AND IN ADMIRALTY" shall be typed in capital letters above the cause number on the first page of a pleading setting forth a claim for relief within the admiralty and maritime jurisdiction that is also within the jurisdiction of the court on some other ground.

(i) Three Judge Court

If the case is such that any party contends that it will require a hearing before a three judge court, the words "THREE JUDGE COURT" shall be typed in capital letters on the first page of the complaint, answer, or other pleading making such allegation immediately below the name of the pleading to the right of the name of the cause, and the original and three copies of the complaint or other pleadings shall be left with the clerk and all other pleadings and papers filed in the cause shall be submitted in quadruplicate, unless the court rules that the cause is not properly before a three judge court.

LCR 10 FORM OF PLEADINGS, MOTIONS AND OTHER FILINGS

(a) through (c) Reserved (d) Size Page size of all pleadings, motions and other filings shall be 8 1⁄2 x 11 inch. (e) Format All pleadings, motions or other filings should include the following:

(1) Margins and Fonts. 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. Examples of correctly formatted pages are attached as Appendix A. The text of any typed or printed brief must be 12 point or larger and must, with the exception of quotations, be double spaced. Footnotes must be 10 point or larger and may be single spaced.

(2) Title. Each pleading, motion or other filing shall contain the words "United States District Court, Western District of Washington" on the first page and, in the space below the docket number, a title indicating the purpose of the paper and the party presenting it.

(3) Bottom Notation. At the left side of the bottom of each page, an abbreviated title of the pleading, motion or other filing should be repeated, followed by the case number. The page number should be placed after the abbreviated title or in the middle of the bottom of each page. At the right side of the bottom of each page, the law firm (if any), mailing address and telephone number of the attorney or party preparing the paper should be printed or typed.

(4) Dates and Signature Lines. All pleadings, motions and other filings shall be dated and signed as provided by Federal Rule of Civil Procedure 11, LCR 11, and the court’s Electronic Filing Procedures. The court might not consider improperly signed or unsigned documents.

(5) Numbered Paper. 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.

(6) Citation to the Record. In all cases where the court is to review the proceedings of an administrative agency, transcripts, deposition testimony, etc., the parties shall, insofar as possible, cite the page and line of any part of the transcript or record to which their pleadings, motions or other filings refer. Citations to documents already in the record, including declarations, exhibits, and any documents previously filed, must include a citation to the docket number and the page number (e.g., Dkt. # __ at p. __) and citations to legal authority must include page numbers.

(7) Proposed Orders. Any document requiring the signature of the court shall bear the signature of the attorney(s) presenting it preceded by the words "Presented by" on the left-hand side of the last page and shall provide as follows:

"Dated this ___ day of (Insert Month), (Insert Year). "_______________________________________

"UNITED STATES DISTRICT JUDGE [or UNITED STATES MAGISTRATE JUDGE]"

(8) Electronic Filing of Documents. 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.

(9) Courtesy Copies. When documents that exceed 50 pages in length are filed electronically, a paper copy of the document shall be delivered to the Clerk's Office for chambers. The judge's copy shall not be delivered directly to chambers unless the judge has so instructed. The copy for chambers shall be clearly marked with the words "Courtesy Copy of Electronic Filing for Chambers."

The copies of all papers must indicate in the upper right-hand corner of the first page the name of the district judge or magistrate judge to whom the copies are to be delivered. Courtesy copies must be delivered to the court no later than 12:00 p.m. on the business day after filing, except that courtesy copies of motions for temporary restraining orders and oppositions must be delivered the same day. Unless the court otherwise directs, the parties shall not provide duplicate copies of state court records in prisoner cases or of an administrative record filed pursuant to LCR 79(h).

In those circumstances where a judge's courtesy copy of a document is to be delivered to the court, it shall contain no items other than 8 1⁄2 x 11 inch paper, unless larger original documents are being filed as exhibits. Copies may not be submitted in three-ring binders, but must be three-hole punched, tabbed, and bound by rubber bands or clips.

The courtesy copy must be identical to the filed copy. For electronic filers, the courtesy copy must be printed from PACER so that the CM/ECF header, which contains the cause number and docket number, appears at the top of each page. Parties should consult their assigned judge’s web page at www.wawd.uscourts.gov for additional guidance regarding courtesy copies.

(10) Marking Exhibits. All exhibits submitted in support of or opposition to a motion must be clearly marked with divider pages. References in the parties’ filings to such exhibits should be as specific as possible (i.e., the reference should cite specific page numbers, paragraphs, line numbers, etc.). All exhibits must be marked to designate testimony or evidence referred to in the parties’ filings. Acceptable forms of markings include highlighting, bracketing, underlining or similar methods of designations but must be clear and maintain the legibility of the text.

(11) Format of Originals. Originals of documents filed with the court shall not contain double-sided pages or items other than 8 1⁄2 x 11 inch paper, unless double-sided or larger original documents are being filed as exhibits.

(f) Name and Address of Parties and Attorneys

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 e-mail address. Such notice must be received by the Clerk's Office within ten days of the change. All subsequent pleadings, motions or other filings shall reflect the new address and telephone number. The address and telephone number of the party or its attorney, noted on the first pleadings, motions or other filings or as changed by individual notice, shall be conclusively taken as the last known address and telephone number of said party or attorney.

(g) Stipulated Motions

If the parties seek a court order related to their stipulation, they should file a stipulated motion pursuant to LCR 7(d)(1). If a stipulated motion would alter dates or schedules previously set by the court, the parties shall clearly state the reasons justifying the proposed change. Such stipulated motions should rarely be necessary, and are disfavored by the court. Stipulations and stipulated motions shall be binding on the court only if adopted by the court through an order. An order based upon a stipulation shall be sufficient if the words "It is so ordered," or their equivalent, are endorsed on the stipulation at the close thereof and if this endorsement is signed by the court.

(a) Signature

LCR 11 SIGNING FILINGS; SANCTIONS

A document signed electronically (by either a digital signature or by using the “s/ Name” convention) has the same force and effect as if the person had affixed a signature to a paper copy of the document. Electronic signatures must be in conformance with this district’s Electronic Filing Procedures for Civil and Criminal Cases.

(b) Notifying the Court of Settlement

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

(c) Sanctions for Non-Participation, Non-Compliance, or Multiplying or Obstructing Proceedings

Failure of an attorney for any party to appear at a pretrial conference or to complete the necessary preparations therefor, or to appear or be prepared for trial on the date assigned, may be considered an abandonment or failure to prosecute or defend diligently, and judgment may be entered against that party either with respect to a specific issue or the entire case.

An attorney or party who without just cause fails to comply with any of the Federal Rules of Civil or Criminal Procedure, these rules, or an order of the court, or who presents to the court unnecessary motions or unwarranted opposition to motions, or who fails to prepare for presentation to the court, or who otherwise so multiplies or obstructs the proceedings in a case may, in addition to or in lieu of the sanctions and penalties provided elsewhere in these rules, be required by the court to satisfy personally such excess costs and may be subject to such other sanctions as the court may deem appropriate.

LCR 12 THROUGH 14 RESERVED

LCR 15 AMENDED PLEADINGS

A party who moves for leave to amend a pleading, or who seeks to amend a pleading by stipulation and order, must attach a copy of the proposed amended pleading as an exhibit to the motion or stipulation. 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 proposed amended pleading must not incorporate by reference any part of the preceding pleading, including exhibits. If a motion or stipulation for leave to amend is granted, the party whose pleading was amended 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.

LCR 16 PRETRIAL CONFERENCES; SCHEDULING; MANAGEMENT

(a) Scheduling Conference or Joint Status Report

As soon as practicable after a case is filed, the court shall convene a scheduling conference, or order the submission of a joint status report, or both.

  1. (1) Scheduling Conference. Counsel with principal responsibility for a case and all pro se parties shall attend the scheduling conference. Counsel and all pro se parties shall be prepared to discuss at the scheduling conference those matters listed in Fed. R. Civ. P. 16(c)(2) and 26(f) and LCR 26(f) and to state whether there is a significant possibility that early and inexpensive resolution of the case would be fostered by any alternative dispute resolution ("ADR") procedure, as described in Rules 39.1 and 39.2 of these rules. The parties should identify any appropriate ADR procedure, and suggest at what stage of the case it should be employed.

  2. (2) Joint Status Report. In their joint status report, the parties must address all of the topics set forth in Fed. R. Civ. P. 26(f)(3) and in LCR 26(f). Parties should not include requests for relief from the court in the joint status report, and the court typically will not rule on such requests. Rather, requests for relief should be contained in a stipulated motion, where feasible, or in a motion.

(b) Scheduling Order; Exemption of Certain Types of Cases

(1) Scheduling Order. The court shall enter a written scheduling order as prescribed in Rule 16(b) of the Federal Rules of Civil Procedure. The scheduling order shall include, among other things, deadlines for the completion of discovery and the filing of dispositive motions.

(2) Discovery Deadline. Interrogatories, requests for admissions or production, etc., must be served sufficiently early that all responses are due before the discovery deadline. Any motion to compel discovery shall also be filed and served on or before this deadline or as directed by court order.

(3) Dispositive Motions. Not later than the deadline to file dispositive motions, unless otherwise ordered by the court, parties shall file all motions to dismiss, motions for summary judgment, other dispositive motions, and other reasonably foreseeable motions, together with supporting papers.

(4) Modifying a Schedule. The parties are bound by the dates specified in the scheduling order. 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.

(5) Exemption of Certain Types of Cases. The court exempts certain types of cases from the requirements of this local rule and of Fed. R. Civ. P. 16(b), including: any case exempt from the initial disclosure requirements under Fed. R. Civ. P. 26, proceedings upon a defendant’s default, bankruptcy proceedings before this court, condemnation cases, forfeiture actions, and cases filed as miscellaneous matters before this court.

(c) Orders for Further Conference, Reports, or ADR Procedures

At any stage of the case, the court may do one or more of the following:

(1) schedule a conference for some or all of the purposes prescribed for the initial scheduling conference;

(2) direct a written report from the parties as to the advisability of employing any ADR procedure;

(3) direct the parties to participate in an ADR procedure; provided, that the court shall order participation in an arbitration or a summary jury trial only with the agreement of all parties.

(d) Later Recommendations of Parties for ADR Proceedings

As the case proceeds, if counsel for any party concludes that an ADR procedure would have a significant possibility of fostering an early and inexpensive resolution of the case, that counsel shall so advise the court and all other counsel in writing. Whenever possible, such reports should be submitted jointly by counsel for all parties.

(e) Proposed Pretrial Order

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.

(f) Reserved

(g) Reserved

(h) Plaintiff's Pretrial Statement

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 a brief statement as to:

(1) Federal jurisdiction; (2) Which claims for relief plaintiff intends to pursue at trial, stated in summary fashion;

(3) Relevant facts about which plaintiff asserts there is no dispute and which plaintiff is prepared to admit;

(4) Issues of law;

(5) The names and addresses of all witnesses who might be called by plaintiff, and the general nature of the expected testimony of each. As to each witness, plaintiff shall indicate “will testify” or “possible witness only.” Rebuttal witnesses, the necessity of whose testimony cannot reasonably be anticipated before trial, need not be named;

(6) A list of all exhibits which will be offered by plaintiff at the time of trial, except exhibits to be used for impeachment only, and a statement of whether the plaintiff intends to present exhibits in electronic format to jurors. The exhibits shall be numbered in the manner required by the assigned judge during a pre-trial conference, in the applicable case management order, or by other order. Further clarification may be obtained by reviewing the assigned judge’s web page at http://wawd.uscourts.gov or, in the absence of guidance in an order or on the web page, by contacting the assigned judge’s courtroom deputy.

(i) Defendant's Pretrial Statement

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 a brief statement as to:

(1) Objections, additions or changes which defendant believes should be made to plaintiff's statement on federal jurisdiction and admitted facts;

(2) Which affirmative defenses and/or claims for relief defendant intends to pursue at trial, stated in summary fashion;

(3) Objections, additions or changes which defendant believes should be made to plaintiff's statement of issues of law;

(4) The names and addresses of all witnesses who might be called by defendant, and the general nature of the expected testimony of each. As to each witness, defendant shall indicate “will testify” or “possible witness only.” Rebuttal witnesses, the necessity of whose testimony cannot reasonably be anticipated before trial, need not be named;

(5) A list of all exhibits which will be offered by defendant at the time of trial, except exhibits already listed by plaintiff and exhibits to be used for impeachment only, and a statement of whether the defendant intends to present exhibits in electronic format to jurors. All exhibits shall be numbered in the manner required by the assigned judge during a pre-trial conference, in the applicable case management order, or by other order. Further clarification may be obtained by reviewing the assigned judge’s web page at http://wawd.uscourts.gov or, in the absence of guidance in an order or on the web page, by contacting the assigned judge’s courtroom deputy.

No party is required to list any exhibit which is listed by another party.

(j) Review of Exhibits

Each exhibit listed in the pretrial statement of a party shall be promptly made available for inspection and copying upon request by counsel for any other party. Prior to the conference of

attorneys, counsel for each party shall review every exhibit to be offered by any other party, and shall provide counsel for all other parties with a list stating whether, as to each exhibit, the party will (1) stipulate to admissibility, (2) stipulate to authenticity but not admissibility, or (3) dispute authenticity and admissibility.

(k) Conference of Attorneys

Not later than ten days prior to the filing of the proposed pretrial order, there shall be a conference of attorneys for the purpose of accomplishing the requirements of this rule. It shall be the duty of counsel for the plaintiff to arrange for the conference. The attorney principally responsible for trying the case on behalf of each party shall attend the conference. Each attorney shall be completely familiar with all aspects of the case in advance of the conference, and be prepared to enter into stipulations with reference to as many facts and issues and exhibits as possible, and to discuss the possibility of settlement. At the conference, counsel shall cooperate in developing a proposed pretrial order which can be signed by counsel for all parties. Except in land condemnation cases, the order shall, insofar as possible, be in the form set forth below in LCR 16.1. The parties’ witness lists may be on separate pages. Counsel shall assemble a single pretrial order, properly paginated.

(l) Final Pretrial Conference

The court may, in its discretion, schedule a final pretrial conference. Counsel who will have principal responsibility for trying the case for each party shall attend, together with any party proceeding pro se. At the final pretrial conference, the court may consider and take action with respect to:

(1) The sufficiency of the proposed pretrial order;

(2) Any matters which may be presented relative to parties, process, pleading or proof, with a view to simplifying the issues and bringing about a just, speedy and inexpensive determination of the case;

(3) In jury cases, whether the parties desire to stipulate that a verdict or a finding of a stated majority of the jurors shall be taken as the verdict or finding of the jury;

(4) Requirements with respect to trial briefs;

(5) Requirements with respect to requests for instruction and suggested questions to be asked by the court on voir dire in cases to be tried by jury;

(6) The number of expert witnesses to be permitted to testify on any one subject;

(7) The possibility of settlement; but nothing with respect thereto shall be incorporated in the pretrial order, and any discussion with respect to settlement shall be entirely without prejudice, and may not be referred to during the trial of the case or in any arguments or motions.

(m) Other General Provisions

(1) In order to accomplish effective pretrial procedures and to avoid wasting the time of the parties, counsel, and the court, the provisions of this rule will be strictly enforced. Sanctions and penalties for failure to comply are set forth in LCR 11 and in the Federal Rules of Civil Procedure.

(2) The court may, by order in a specific case, modify or forego any of the procedures or deadlines set forth in this rule.

(3) A party proceeding without counsel shall comply in all respects with obligations imposed upon “counsel” under this rule.

(4) The full-time magistrate judges of this court are authorized to conduct pretrial conferences, enter and modify scheduling orders, and perform all other functions performed by district judges under Fed. R. Civ. P. 16 and this rule.

LCR 16.1 FORM OF PRETRIAL ORDER

The following form of pretrial order shall be used, insofar as possible, in the trial of all cases except those involving land condemnation.

Hon. [name of judge]

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT _________________________

______________________ ) )

Plaintiff, vs. ______________________ )

) Defendant. ) )

JURISDICTION

Jurisdiction is vested in this court by virtue of: (State the facts and cite the statutes whereby jurisdiction of the case is vested in this court).

CLAIMS AND DEFENSES

The plaintiff will pursue at trial the following claims: (e.g., breach of contract, violation of 28 U.S.C. § 1983). The defendant will pursue the following affirmative defenses and/or claims: (e.g., accord and satisfaction, estoppel, waiver).

ADMITTED FACTS

The following facts are admitted by the parties: (Enumerate every agreed fact, irrespective of admissibility, but with notation of objections as to admissibility. List 1, 2, 3, etc.)

ISSUES OF LAW

The following are the issues of law to be determined by the court: (List 1, 2, 3, etc., and state each issue of law involved. A simple statement of the ultimate issue to be decided by the court, such as "Is the plaintiff entitled to recover?" will not be accepted.) If the parties cannot agree on the issues of law, separate statements may be given in the pretrial order.

EXPERT WITNESSES (a) Each party shall be limited to _____ expert witness(es) on the issues of _______.

  • ) Case No. ____________ )

  • ) PRETRIAL ORDER )

(b) The name(s) and addresses of the expert witness(es) to be used by each party at the trial and the issue upon which each will testify is:

(1) On behalf of plaintiff; (2) On behalf of defendant.

OTHER WITNESSES

The names and addresses of witnesses, other than experts, to be used by each party at the time of trial and the general nature of the testimony of each are:

(a) On behalf of plaintiff: (E.g., Jane Doe, 10 Elm Street, Seattle, WA; will testify concerning formation of the parties' contract, performance, breach and damage to plaintiff.)

(b) On behalf of defendant: (follow same format).

(As to each witness, expert or others, indicate "will testify," or "possible witness only." Also indicate which witnesses, if any, will testify by deposition. Rebuttal witnesses, the necessity of whose testimony cannot reasonably be anticipated before trial, need not be named.)

EXHIBITS

Identify each exhibit with a number, which becomes the number for the exhibit at the trial and appears on the exhibit tag.

(a) Admissibility stipulated: Plaintiff's Exhibits

#__Photo of port side of ship. (Examples) #__Photo of crane motor. #__Photo of crane.

Defendant's Exhibits #__Weather report. (Examples) #__Log book. #__X-ray of plaintiff's foot. #__X-ray of wrist.

(b) Authenticity stipulated, admissibility disputed: Plaintiff's Exhibits

#__Inventory Report. (Examples) Defendant's Exhibits

#__Photograph. (Examples) (c) Authenticity and admissibility disputed: Plaintiff's Exhibits

#__Accountant's report. (Examples) Defendant's Exhibits

#__Ship's log. (Examples)

(No party is required to list any exhibit which is listed by another party, or any exhibit to be used for impeachment only. See LCR 16 for further explanation of numbering of exhibits).

ACTION BY THE COURT

(a) This case is scheduled for trial (before a jury) (without a jury) on __________, 20___, at ________.

(b) Trial briefs shall be submitted to the court on or before _______________.

(c) (Omit this subparagraph in non-jury case). Jury instructions requested by either party shall be submitted to the court on or before _______________. Suggested questions of either party to be asked of the jury by the court on voir dire shall be submitted to the court on or before _______________.

(d) (Insert any other ruling made by the court at or before pretrial conference.)

This order has been approved by the parties as evidenced by the signatures of their counsel. This order shall control the subsequent course of the action unless modified by a subsequent order. This order shall not be amended except by order of the court pursuant to agreement of the parties or to prevent manifest injustice.

DATED this ____ day of [insert month], 20[insert year]. ________________________________________ United States District Judge/ Magistrate Judge FORM APPROVED

____________________________ Attorney for Plaintiff

____________________________ Attorney for Defendant

LCR 17 PLAINTIFF AND DEFENDANT; CAPACITY; PUBLIC OFFICERS

(a) and (b) Reserved

(c) Minors or Incompetent Persons

In every case where the court is requested to approve a settlement involving the claim of a minor or incompetent, an independent guardian ad litem, who shall be an attorney-at-law, must be appointed by the court, and said guardian ad litem shall investigate the adequacy of the offered settlement and report thereon; provided, however, that the court may dispense with the appointment of the guardian ad litem if a general guardian has been previously appointed for such minor or incompetent, or if the court affirmatively finds that the minor or incompetent is represented by independent counsel.

LCR 18 THROUGH 22 RESERVED

LCR 23 CLASS ACTIONS

(a) through (h) Reserved (i) Format and Time Limits In any case sought to be maintained as a class action:

(1) The complaint shall bear next to its caption the legend, “Complaint—Class Action.”

(2) The complaint shall contain under a separate heading, styled “Class Action Allegations":

(a) A reference to the portion or portions of Fed. R. Civ. P. 23 under which it is claimed that the suit is properly maintainable as a class action.

(b) Appropriate allegations thought to justify such claim, including, but not necessarily limited to:

1. The size (or approximate size) and definition of the alleged class, 2. The basis upon which the plaintiff (or plaintiffs) claims (i) to be an adequate representative of the class, or

(ii) if the class is composed of defendants, that those named as parties are adequate representatives of the class.

3. The alleged questions of law and fact claimed to be common to the class, and

4. In actions claimed to be maintainable as class actions under Fed. R. Civ. P. 23(b)(3), allegations thought to support the findings required by that subdivision.

(3) Within one hundred eighty days after the filing of a complaint in a class action, unless otherwise ordered by the court or provided by statute, the plaintiff shall move for a determination under Fed. R. Civ. P. 23(c)(1), as to whether the case is to be maintained as a class action. This period may be extended on motion for good cause. The court may certify the class, may disallow and strike the class allegations, or may order postponement of the determination pending discovery or such other preliminary procedures as appear appropriate and necessary in the circumstances. Whenever possible, where the determination is postponed, a date will be fixed by the court for renewal of the motion.

(4) The foregoing provisions shall apply, with appropriate adaptations, to any counterclaim or cross claim alleged to be brought for or against a class.

LCR 23.1 RESERVED

LCR 23.2 RESERVED

LCR 24 AND 25 RESERVED

LCR 26 DUTY TO DISCLOSE; GENERAL PROVISIONS GOVERNING DISCOVERY

(a) Required Disclosures

(1) Reserved (2) Reserved

(3) Pretrial Disclosures. Unless otherwise directed by the court, the disclosures listed in Fed. R. Civ. P. 26(a)(3) shall be made in the manner and in accordance with the schedule prescribed in LCR 16. A party shall state any objections to exhibits in the manner prescribed in that rule. Objections not so disclosed, other than objections under Rules 402 and 403 of the Federal Rules of Evidence, shall be deemed waived unless excused by the court for good cause shown.

(4) Reserved

(b) Reserved (c) Protective Orders

(1) Any motion for a protective order must include a certification, in the motion or in a declaration or affidavit, that the movant has engaged in a good faith meet and confer conference with other affected parties in an effort to resolve the dispute without court action. The certification must list the date, manner, and participants to the conference. If the movant fails to include such a certification, the court may deny the motion without addressing the merits of the dispute. A good faith effort to confer requires a face-to-face meeting or a telephone conference. If the court finds that counsel for any party, or a party proceeding pro se, willfully refuses to confer, fails to confer in good faith, or fails to respond on a timely basis to a request to confer, the court may take action as stated in LCR 11 of these rules.

(2) Parties may file a proposed stipulated protective order to protect confidential, proprietary, or private information that warrants special protection. The court may enter a proposed stipulated protective order as an order of the court if it adequately and specifically describes the justification for such an order, it is consistent with court rules, it does not purport to confer blanket protection on all disclosures or responses to discovery, its protection from public disclosure and use extends only to the limited information or items that are entitled to confidential treatment under the applicable legal principles, and it does not presumptively entitle the parties to file confidential information under seal. Parties are encouraged to use this district's model protective order, available on the court's website. Parties that wish to depart from the model order must provide the court with a redlined version identifying departures from the model.

(d) Reserved

(e) Reserved

(f) Conference of the Parties; Planning for Discovery

The rule is intended to promote the just, efficient, speedy, and economical determination of every action and proceeding and to promote, wherever possible, the prompt resolution of discovery disputes without court intervention. Counsel are expected to cooperate with each other to reasonably limit discovery requests, to facilitate the exchange of discoverable information, and to reduce the costs of discovery.

The proportionality standard set forth in Fed. R. Civ. P. 26(b)(1) must be applied in every case when parties formulate a discovery plan and promulgate discovery requests. To further the application of the proportionality standard in discovery, discovery requests and related responses should be reasonably targeted, clear, and as specific as possible.

(1) Prior to the initial status conference with the court, if any, or prior to submitting their joint status report, counsel and any pro se parties shall meet and discuss, and address in their joint status report if the court orders one, the topics set forth in Fed. R. Civ. P. 26(f) and the following issues:

(A) possibilities for promptly settling or otherwise resolving the case;

(B) whether the parties plan to engage in some form of alternative dispute resolution (“ADR”), such as mediation or the individualized trial program set forth in LCR 39.2, when they plan to engage in ADR, or why the parties do not plan to engage in ADR;

(C) the existence of any related cases pending before this court or in another jurisdiction as set forth in LCR 3(g) and (h) and a proposal for how to handle the related cases;

(D) a statement of how discovery will be managed to promote the expeditious and inexpensive resolution of the case, including but not limited to:

(i) forgoing or limiting depositions or exchanging documents informally;

(ii) agreeing to share discovery from third parties and the cost of obtaining that discovery;

(iii) scheduling discovery or case management conferences with the judge assigned to the case as necessary;

(iv) requesting the assistance of a magistrate judge for settlement conferences;

(v) requesting to use an abbreviated pretrial order; and

(vi) requesting other orders the court should enter under LCR 16(b) and (c).

(E) the targeted discovery that each side anticipates seeking; (F) phasing motions to facilitate early resolution of potentially dispositive issues;

(G) any preliminary issues relating to the preservation of discoverable information and the scope of the preservation obligation;

(H) procedures for handling inadvertent production of privileged information and other privilege waiver issues pursuant to Rule 502(d) or (e) of the Federal Rules of Evidence;

(I) whether the case will involve the preservation and production of Electronically Stored Information (“ESI”) and, if so:

(i) the nature, location, and scope of discoverable ESI; and

(ii) whether the parties agree to adopt the Model Agreement Regarding Discovery of Electronically Stored Information in Civil Litigation (the “Model ESI Agreement,” which can be found under “Forms” on the court’s website) or a

modified version thereof;

(J) if one or more of the parties intend to engage in the discovery of ESI and are unable to agree to the Model ESI Agreement or a modified version thereof, whether they are able to reach agreement regarding the following topics and the substance of their agreement:

(i) the nature, location, and scope of ESI to be preserved by the parties;

(ii) the formats for production of ESI (whether TIFF with a companion text file, native, or some other reasonably usable format);

(iii) methodologies for identifying relevant and discoverable ESI for production, including:

(a) methods for identifying an initial subset of sources of ESI that are most likely to contain the relevant and discoverable information as well as methodologies for culling the relevant and discoverable ESI from that initial subset;

(b) identifying the custodians and non-custodial data sources, including all third party data sources, most likely to have discoverable information;

(c) any plans to filter data based on file type, date ranges, sender, receiver, custodian, search terms, or other similar parameters; and

(d) the use of any computer- or technology-assisted review, including any plans to use keyword searching, mathematical or thesaurus based topic or concept clustering, or other advanced culling technologies.

iv) whether ESI stored in a database or a database management system can be identified and produced by querying the database for discoverable information, resulting in a report or a reasonably usable and exportable electronic file for review by the requesting counsel or party.

(2) The attorneys for each party shall review and understand how their client’s data and ESI are stored and retrieved before the Rule 26(f) conference and before any meet and confer discussions related to the production of ESI in order to determine what issues must be addressed during those discussions. To satisfy this requirement, the attorney may choose to include in the Rule 26(f) conference and/or meet and confer discussion a paralegal, information technology specialist, or other person with knowledge about how the client’s data and ESI are stored and retrieved.

(3) Any motion for a protective order or motion to compel related to the production of ESI must include the certification set forth in LCR 26(c) or 37(a)(1), state that the parties agreed to an ESI Agreement and attach that ESI Agreement, or state that the parties met and conferred regarding the topics set forth in LCR 26(f)(1)(I) to the extent they are applicable.

(4) In the scheduling order or by separate order, the court may require the parties to adhere to an agreement for the discovery and disclosure of electronically stored information.

(5) If the court determines that any counsel or party in a case has failed to cooperate and participate in good faith in the discovery planning process, the court may require additional discussions prior to the commencement of discovery, and may impose sanctions, if appropriate.

(6) Generally, the costs of discovery shall be borne by each party. However, on motion or on its own, the court may apportion the costs of discovery related to ESI upon a determination of good cause, considering the factors in Fed. R. Civ. P. 26(b)(2)(C) and

the parties’ failure to agree to the Model ESI Agreement, a modified version or other similar agreement.