Western District of Washington Filing Bundling Requirements

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

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

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Civil cases

The Court has instituted a '120-day rule' for dispositive motions.

Summary: Dispositive motions must be filed 120 days before trial.

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Civil cases

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

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

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Civil cases

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

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

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Civil cases

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

Summary: Motions in limine must be filed 35 days before trial.

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Required

Always ?

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

Summary: Government trial brief due 21 days before trial.

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Required

Always ?

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

Summary: All motions must be filed before pretrial motions deadline.

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Required

Always ?

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

Summary: Motions challenging expert witnesses must be filed by pretrial deadline.

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Required

Always ?

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

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

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Required

Always ?

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

Summary: Government expert disclosures due 45 days before pretrial motions deadline.

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Required

Always ?

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

Summary: Defense expert disclosures due 30 days before pretrial motions deadline.

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Required

Always ?

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

Summary: Government rebuttal disclosures due 14 days before pretrial motions deadline.

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Required

Always ?

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

Summary: Motions in limine must be filed 28 days before trial.

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Required

Always ?

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

Summary: Responses to motions in limine due 23 days before trial.

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Required

Always ?

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

Summary: Each party may file one omnibus motion in limine.

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Required

Always ?

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

Summary: Pretrial submissions due 21 days before trial.

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Required

Always ?

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

Summary: Defense trial briefs due 17 days before trial.

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Required

Always ?

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

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

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Required

Always ?

Any other untimely motions in limine will be stricken.

Summary: Untimely motions in limine will be stricken.

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Required

Always ?

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

Summary: Pretrial conference held at least 2 Fridays before trial.

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Civil cases

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

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

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Civil cases

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

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

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Civil cases

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.

Summary: 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.

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Civil cases

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

Summary: Unless otherwise ordered, parties must file motions to dismiss, summary-judgment motions, and other dispositive motions together with supporting papers.

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Required

Always ?

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

Summary: Dispositive motion cutoff is set 105 days before trial.

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Criminal cases

Required

Always ?

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

Summary: All motions must be filed before pretrial motions deadline.

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Criminal cases

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

Summary: Motions in limine must be filed by pretrial motions deadline.

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Civil cases

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

Summary: Dispositive motions must be filed 90 days before trial with 30-day briefing and decision periods.

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Civil cases

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

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

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Civil cases

Required

Always ?

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

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

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

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

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Civil cases

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

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

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Civil cases

The court may order parties filing cross motions for summary judgment to combine their memoranda and forgo reply briefs in exchange for an enlarged response brief.

Summary: The court may require parties filing cross motions for summary judgment to combine memoranda and omit reply briefs in exchange for an enlarged response brief.

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Civil cases

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

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

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Civil cases

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

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

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Required

Always ?

Judge Robart will not modify this schedule unless the parties set forth an extraordinary basis for modifying the scheduling order to decrease the period between the dispositive motion cutoff and the trial date to less than 105 days.

Summary: Schedule modification requires extraordinary basis.

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Required

Always ?

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

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

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Civil cases

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

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

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Civil cases

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

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

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Civil cases

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

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

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Civil cases

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

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

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Civil cases

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

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

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Civil cases

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

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

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Civil cases

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

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

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Civil cases

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.

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

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Civil cases

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

Summary: Motion to consolidate should be filed in earliest case with notice in later cases; if unable to file in earliest case, may file in own case; motion heard by judge of earliest case; court may transfer cases to same judge.

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

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

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

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

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

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

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

Summary: Some other civil cases are randomly assigned to Magistrate Judges.

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Civil cases

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.

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

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Required

Always ?

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

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

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Required

Always ?

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

Summary: Follow Local Civil Rule 7 for motion scheduling; improper notations may be re-noted or stricken.

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Civil cases

Required

Always ?

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

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