Western District of Washington Pre-Motion Conference Requirements

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Before filing a discovery motion, parties must meet and confer in good faith and exhaust reasonable alternatives, including affirmative suggestions and compromise aimed at resolving the dispute without court involvement.

Before filing a discovery motion, parties must meet and confer and exhaust all reasonable alternatives to a formal motion. Good faith conferral demands not just an expression of either side’s position, but affirmative suggestions and compromise aimed at achieving the sought-after relief without court involvement.

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The Court will deny or strike a discovery motion if the parties fail to meet and confer in good faith.

The Court will deny or strike a discovery motion for failure to meet and confer in good faith.

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Parties anticipating cross-motions for summary judgment must file four briefs sequentially, not six briefs in three pairs.

If the parties anticipate cross-motions for summary judgment, they must file four briefs sequentially, rather than three pairs of briefing (i.e., six briefs).

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Before the first brief on cross-motions, the parties must submit a stipulated motion proposing the briefing schedule and word limits.

The parties must submit a stipulated motion proposing a briefing schedule and word-limits on cross motions in advance of the first brief.

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Civil cases

A later noting date that would push a deadline beyond the scheduling order or another court deadline requires a court order.

If the later noting date would extend a deadline beyond what is described in the case scheduling order or other court deadline, it requires an order of the court.

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Civil cases

Motions for relief from a deadline and motions for protective orders must be noted at least 14 days after filing.

Motions for relief from a deadline, and motions for protective order, shall be noted for consideration no earlier than 14 days after filing.

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Civil cases

Motions must be noted for consideration on a weekday that is not a legal holiday.

All motions shall be noted for consideration on a weekday, excluding legal holidays.

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Civil cases

Parties must note all motions, except those specifically listed in LCR 7(d)(1), 7(d)(2), 7(d)(4), 7(d)(5), and 7(o), including motions to exclude expert testimony for failure to satisfy Fed. R. Evid. 702/Daubert, for consideration no earlier than 21 days from filing.

All motions, except those specifically listed in LCR 7(d)(1), 7(d)(2), 7(d)(4), 7(d)(5), and 7(o), including motions to exclude expert testimony for failure to satisfy Fed. R. Evid. 702/Daubert, shall be noted for consideration no earlier than 21 days from the date of filing.

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Civil cases

Any response must be filed and received by the moving party no later than 6 days before the pretrial conference.

Any response shall be filed and received by the moving party no later than 6 days prior to the pretrial conference.

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Civil cases

The motions-in-limine procedure does not apply to Daubert motions to exclude expert testimony, which must be filed by the dispositive motion deadline.

This subsection shall not apply to Daubert motions to exclude expert testimony. Such motions shall be filed by the dispositive motion deadline.

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Civil cases

No response to a reconsideration motion may be filed, and the motion will not be granted, unless the court requests a response.

No response to a motion for reconsideration shall be filed unless requested by the court. No motion for reconsideration will be granted without such a request.

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Civil cases

A cross motion must be noted under the local rules, and the court typically considers it with the underlying motion even if they are noted for different days.

A party filing a cross motion must note it in accordance with the local rules. Even if the motion and cross motion are noted for different days, the court will typically consider them together.

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Civil cases

A good-faith meet-and-confer requires a face-to-face meeting or telephone conference.

A good faith effort to confer requires a face-to-face meeting or a telephone conference.

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Civil cases

Before filing a motion to consolidate, parties must meet and confer and attempt to agree on consolidation and whether it should extend through trial.

Prior to filing a motion to consolidate, the parties must meet and confer and attempt to reach agreement regarding whether the cases should be consolidated and whether consolidation should extend through trial.

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Civil cases

No reply is permitted in the temporary restraining order motion procedure.

The response may not exceed 8,400 words or, if written by hand or typewriter, twenty-four pages in length, and no reply will be permitted.

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Civil cases

Before filing a motion to seal, the filing party must make a good-faith effort to meet and confer with the party that produced the confidential document.

In order to avoid unnecessary motions to seal, Judge Robart requires that the party filing the motion make a good faith effort to meet and confer with the party that produced the confidential document before filing a motion to seal.

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Civil cases

The meet-and-confer discussion must address the motion’s substantive grounds and attempt to resolve the matter without filing the motion.

The parties must discuss the substantive grounds for the motion and attempt to reach an accord that would eliminate the need for the motion.

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Parties may request oral argument, but the Court is not expected to grant requests routinely.

Parties may request oral argument, but they should not count on the Court granting the request as a matter of course.

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A Daubert motion may not be presented or renewed as a later-filed motion in limine.

Daubert motions may not be presented or renewed as a later-filed motion in limine.

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Civil cases

Motions are decided without oral argument unless the court orders otherwise.

Unless otherwise ordered by the court, all motions will be decided by the court without oral argument.

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Civil cases

Counsel must not appear on the motion’s noting date unless the court directs them to appear.

Counsel shall not appear on the date the motion is noted unless directed by the court.

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Civil cases

When a motion is noted later than the rule’s filing-based schedule, response and reply deadlines extend by the same number of days as the noting-date extension.

If a motion is noted for consideration later than the time contemplated by the rule when counting from the date of filing, the time for the response and reply shall be extended by the same number of days that the noting date has been extended.

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Civil cases

A motion may be heard by telephone without motion papers if a party requests it and the court approves.

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.

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Civil cases

Motions seeking permission to file an over-length motion or brief are disfavored but permitted subject to the stated requirements.

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

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Civil cases

No further briefing is permitted unless the court orders otherwise.

There shall be no further briefing unless otherwise ordered by the court.

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Civil cases

Stipulated motions should rarely be necessary and are disfavored by the court.

Such stipulated motions should rarely be necessary, and are disfavored by the court.

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Civil cases

If the movant omits the certification, the court may deny the motion without reaching the merits.

If the movant fails to include such a certification, the court may deny the motion without addressing the merits of the dispute.

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Civil cases

Counsel should hold substantive discussions about contemplated motions in person whenever possible.

The Court strongly emphasizes that discussions of the substance of contemplated motions are to take place, if at all possible, in person.

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A motion’s noting date is distinct from its hearing date.

The “noting date” for a motion is different from the hearing date.

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If unavailable for a lengthy period, parties should confer with opposing counsel.

Instead, if you’ll be gone for any lengthy period, confer with opposing counsel.

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Civil cases

A motion to compel may use the LCR 7(d)(3) procedure or, by agreement of the parties, the expedited joint motion procedure.

A motion for an order compelling disclosure or discovery may be filed and noted in the manner prescribed in LCR 7(d)(3). Alternatively, the parties may, by agreement, utilize the expedited procedure set forth in this subsection.

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Civil cases

By unanimous agreement, parties may use the expedited joint motion procedure for other motions, including motions to seal, for relief from a deadline, and in limine.

If all parties agree to do so, they may use the expedited joint motion procedure for other types of motions, including but not limited to motions to seal, motions for relief from a deadline, and motions in limine.

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Civil cases

A party seeking consolidation may file 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.

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Civil cases

The moving party must make reasonable efforts to have all parties to the discovery dispute participate in contacting the Court to request a telephonic motion. See Local Civil Rule 7(i).

Summary: Before filing a discovery motion, the moving party must make reasonable efforts to have all parties participate in contacting the Court to request a telephonic motion.

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If either party seeks an expedited or enlarged briefing schedule, counsel for that party (or the party themselves, if unrepresented) shall contact the opposing counsel (or party) promptly to meet and confer. The parties shall then file a joint expedited motion, noted for the same day it is filed, that contains either an agreed briefing schedule or the parties' competing proposals for a briefing schedule.

Summary: A party seeking an expedited or enlarged briefing schedule must promptly meet and confer with the opposing party and then file a joint expedited motion, noted for the same day it is filed, containing an agreed or competing briefing schedule proposal.

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Civil cases

A motion pursuant to Fed. R. Civ. P. 12(b) is discouraged if the defect can be cured by filing an amended pleading. Therefore, the parties must meet and confer prior to filing a motion to dismiss pursuant to Fed. R. Civ. P. 12(b) to determine whether it can be avoided, and such motions must contain a certification of conferral as set forth above in Section II(C).

Summary: Parties must meet and confer before filing a Rule 12(b) motion to dismiss, and the motion must include a certification of conferral.

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Civil cases

No opposed discovery motions are to be filed with the Court until the parties meaningfully comply with Fed. R. Civ. P. 37(a)(1). If the parties are unable to reach an agreement on a discovery issue after conferring, they shall arrange a telephone or video conference with the Court regarding the issue. Both of these steps must be completed before any opposed discovery motions are filed. Noncompliant motions may be summarily denied or stricken.

Summary: Parties must meaningfully confer under Rule 37(a)(1) and arrange a court conference before filing any opposed discovery motion.

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Civil cases

Regardless of whether the parties request oral argument, the Court retains discretion to resolve a motion on the briefs. If the Court finds that oral argument is necessary, the Court will contact the parties for scheduling and other necessary arrangements. The parties shall be limited to twenty (20) minutes per side plus five (5) minutes for rebuttal unless otherwise ordered.

Summary: The Court may resolve motions on the briefs without oral argument; if argument is held, each side gets 20 minutes plus 5 minutes for rebuttal.

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An attorney who wishes to withdraw from representing a client without replacement must obtain an order of the court. Such an order may be sought by: (1) filing an ex parte stipulation and order signed by the attorney and the client authorizing the attorney to withdraw; or (2) filing a motion to withdraw and noting it for hearing pursuant to Local Bankruptcy Rule 9013-1(d)(2)(F).

Summary: Withdrawal without replacement requires a court order, obtained either by stipulation or by motion with hearing.

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Civil cases

the parties are prohibited from filing a discovery related motion until after the court has conducted a status conference to discuss the discovery dispute.

Summary: Discovery motions prohibited until status conference on discovery dispute.

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confer before filing any Rule 12(b) motion to dismiss to determine whether it can be avoided.

Summary: Parties must confer before filing a Rule 12(b) motion to dismiss to determine whether it can be avoided.

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Civil cases

If agreement is not possible, prior to the filing of any discovery motions, the Court directs the parties to request a conference with the Court.

Summary: Pre-motion conference with the Court is required for all discovery motions if parties cannot reach agreement.

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Civil cases

As required by LCR 37(a), all discovery matters are to be resolved by agreement if possible. If agreement is not possible, prior to the filing of any discovery motions, the Court directs the parties to request a conference with the Court.

Summary: Discovery disputes require conference before filing motions.

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Civil cases

The moving party must submit a joint statement to the Court briefly identifying the issue(s) in dispute. The joint statement shall be no more than three pages and shall be filed via CM/ECF.

Summary: Joint statement (max 3 pages) required before discovery conference.

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Civil cases

If agreement is not possible, prior to the filing of any discovery motions, the Court directs the parties to request a conference with the Court. See FRCP 16(b)(3). The moving party must submit a joint statement to the Court briefly identifying the issue(s) in dispute. The joint statement shall be no more than three pages and shall be filed via CM/ECF.

Summary: Before filing discovery motions, parties must request conference and submit joint statement max 3 pages via CM/ECF.

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Civil cases

G. Meet and Confer Required Before Filing Dispositive Motions

Summary: Meet and confer required before filing dispositive motions.

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Civil cases

I. Motions in Limine

Summary: Motions in limine must be filed at least 14 days before trial.

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Civil cases

Counsel must make a meaningful effort to confer prior to filing a dispositive motion. Such motions must contain a certification of conferral that is clearly visible within either the first substantive paragraph or the final paragraph of the motion. Counsel should provide for at least three business days between attempts to confer and a motion's filing and must explain their specific efforts to comply if contact was not successfully made.

Summary: Meet and confer required before filing dispositive motions with certification.

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Civil cases

Conferral required. Before filing motions in limine, a party must make a good faith effort to meet and confer with the opposing party, and must comply with all other requirements of LCR 7(d)(5). Parties are discouraged from filing motions in limine that do not identify specific evidence or exhibits to be excluded, which request relief at a high level of generality, or which merely ask the Court to apply the Federal Rules of Evidence.

Summary: Meet and confer required before filing motions in limine.

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Civil cases

Noting dates. All motions in limine must be filed no later than 35 days before trial and noted for consideration 21 days from the date of filing. Any opposition papers shall be filed and received by the moving party no later than 15 days after the filing date of the motion. No reply papers shall be filed unless the Court orders otherwise.

Summary: Motions in limine must be filed 35 days before trial, noted for 21 days.

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Civil cases

Before filing a motion to compel or a motion for a protective order, a party must make a good faith effort to meet and confer with the opposing party. Parties are encouraged to submit discovery disputes jointly through the procedure set forth in LCR 37(a)(2).

Summary: Meet and confer required before filing discovery motions.

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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 the pretrial motions deadline.

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Criminal cases

In multi-defendant cases, prior to filing any motion, counsel are directed to consult with all other counsel, including counsel for all codefendants, to determine whether the motion can either be stipulated or brought jointly.

Summary: In multi-defendant cases, counsel must consult before filing any motion.

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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 the pretrial motions deadline.

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Counsel must make a meaningful effort to confer prior to filing a dispositive motion. Such motions must contain a certification of conferral that is clearly visible within either the first substantive paragraph or the final paragraph of the motion. Counsel should provide for at least three business days between attempts to confer and a motion's filing and must explain their specific efforts to comply if contact was not successfully made.

Summary: Before filing a dispositive motion, counsel must confer meaningfully, include a visible certification of conferral, allow at least three business days between conferral attempts and filing, and explain efforts if contact fails.

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Before filing a motion to compel or a motion for a protective order, a party must make a good faith effort to meet and confer with the opposing party. Parties are encouraged to submit discovery disputes jointly through the procedure set forth in LCR 37(a)(2).

Summary: Before filing a motion to compel or protective order, parties must meet and confer in good faith; joint submission via LCR 37(a)(2) is encouraged.

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Required

Always ?

All pretrial motions, except stipulated or unopposed motions to continue the trial date, must be noted on the motion calendar for twelve (12) days after the motion is filed per CrR 12(b)(6).

Summary: Pretrial motions must be calendared 12 days after filing.

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Required

Always ?

Any opposition must be filed within two (2) business days of the motion.

Summary: Opposition to extension motions due within 2 business days.

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Required

Always ?

No replies are allowed.

Summary: Replies to extension motions are not permitted.

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Required

Always ?

No reply shall be filed unless requested by the Court.

Summary: Replies to motions in limine only if requested by Court.

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Required

Always ?

Successive motions in limine shall require advance Court approval.

Summary: Additional motions in limine require advance Court approval.

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Before filing motions in limine, a Party must make a good-faith effort to meet and confer with the opposing Party and must comply with all other requirements of LCR 7(d)(5).

Summary: Before filing motions in limine, parties must make a good-faith meet and confer with the opposing party and comply with LCR 7(d)(5).

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Before filing a motion to compel, the moving Party must make a good faith effort to meet and confer with the opposing Party.

Summary: Parties must meet and confer in good faith before filing a motion to compel.

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Should the case be referred to a Magistrate Judge for discovery-related issues, no opposed discovery motions shall be filed until the Party has contacted the Magistrate Judge and has been informed of that judge’s procedures for resolving discovery disputes.

Summary: Parties must contact the Magistrate Judge and learn their procedures before filing opposed discovery motions in referred cases.

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Motions challenging expert testimony, though not dispositive motions, must be filed by the date dispositive motions are due in accordance with the Court’s trial scheduling order. Daubert issues may not be presented in motions in limine.

Summary: Daubert motions must be filed by dispositive motion deadline and cannot be in limine motions.

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Parties must submit for approval a proposed briefing schedule if they plan on filing cross-motions for summary judgment. As noted in LCR 7(k), 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: Proposed briefing schedule required for cross-motions for summary judgment.

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Before filing motions in limine, a Party must make a good faith effort to meet and confer with the opposing Party and must comply with all other requirements of LCR 7(d)(4). Parties are discouraged from filing motions in limine that do not identify specific evidence or exhibits to be excluded, that request relief at a high level of generality, or that merely ask the Court to apply the Federal Rules of Evidence in the absence of an unusual issue. Each Party may file a single, omnibus motion in limine. Successive motions in limine shall require advance Court approval.

Summary: Good faith conferral required before filing motions in limine; single omnibus motion allowed.

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Motions in limine that do not comply with the applicable requirements, including the certification of conferral (LCR 7(d)(4)) or the word limit (LCR 7(e)(5)), without prior permission of the Court may be summarily stricken.

Summary: Non-compliant motions in limine may be summarily stricken without prior permission.

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The Court expects Parties to file a motion to compel only as a last resort. The Court strongly encourages Parties to make every effort to resolve discovery disputes without the Court’s intervention. Before filing a motion to compel, the moving Party must make a good faith effort to meet and confer with the opposing Party. See Section II.D. A motion to compel must strictly comply with LCR 37(a)(1) and shall include a certification that lists the date, manner, and

Summary: Motion to compel only as last resort; good faith conferral required with certification.

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Required

Always ?

Should the case be referred to a Magistrate Judge for discovery-related issues, no opposed discovery motions shall be filed until the Party has contacted the Magistrate Judge to be informed of that judge’s procedures for resolving discovery disputes.

Summary: No opposed discovery motions until contacting Magistrate Judge for procedures.

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Parties must make a meaningful effort to confer prior to filing a dispositive motion. Such motions must contain a certification of conferral. See Section II.D. Parties should provide for at least three (3) business days between the final attempt to confer and a motion’s filing and must explain their specific efforts to comply in the certification if contact was not successfully made.

Summary: Meaningful conferral required before filing dispositive motions with 3 business day buffer.

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Civil cases

As required by LCR 37(a), all discovery matters are to be resolved by agreement if possible. If agreement is not possible, before filing any discovery motions, Judge Cartwright requires the parties to request a conference with the Court. See FRCP 16(b)(3)(B)(v). The moving party must submit a joint statement to the Court briefly identifying the issue(s) in dispute. The joint statement shall be no more than three pages and shall be filed via CM/ECF.

Summary: Discovery disputes require conference and 3-page joint statement before filing motions.

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Civil cases

Stipulated motions proposing a schedule that does not comply with this requirement will be denied.

Summary: Stipulated motions with non-compliant schedules will be denied.

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Civil cases

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

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

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Civil cases

All motions in limine must be filed by TR – 37 days

Summary: Motions in limine must be filed 37 days before trial.

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Civil cases

All dispositive motions and motions challenging expert witness testimony must be filed by this date (see LCR 7(d)). Such motions must be noted for consideration no later than the fourth Friday thereafter (see LCR 7(d)).

Summary: Dispositive and expert testimony challenges must be filed 4 months before trial with hearing set within 4 weeks.

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All parties are required to make a good faith effort to confer in person or by phone to resolve a discovery dispute under Local Rule CR 37(a)(1)(A).

Summary: Good faith conference required to resolve discovery disputes before filing motion.

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Civil cases

Required

Always ?

Any reply papers shall be filed and received by the opposing party no later than 21 days after the filing date of the motion.

Summary: Reply papers for 21-day motions must be filed within 21 days.

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Civil cases

Motions to shorten time have been abolished.

Summary: Motions to shorten time are not permitted.

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Civil cases

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).

Summary: Reply briefs must be filed and served within time prescribed in LCR 7(d).

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Civil cases

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).

Summary: Opposition briefs must be filed and served within time prescribed in LCR 7(d).

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Civil cases

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.

Summary: Oral argument is not permitted unless specifically requested in caption with 'ORAL ARGUMENT REQUESTED'.

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Civil cases

Required

Always ?

All motions shall be noted for consideration on a weekday, excluding legal holidays. If a motion is filed on a weekend or legal holiday, it will be deemed filed the next business day for purposes of this rule and must be noted accordingly.

Summary: Motions must be noted for consideration on weekdays, excluding legal holidays.

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Civil cases

Same Day Motions. Stipulated, joint or unopposed motions (see for example LCR 10(g)), motions to file over-length motions or briefs (see LCR 7(f)), motions for reconsideration (see LCR 7(h)), joint submissions pursuant to the optional procedure established in LCR 37(a)(2), motions to appoint a mediator (LCR 39.1(c)(3)), motions for default (see LCR 55(a)), requests for the clerk to enter default judgment (see LCR 55(b)(1)), ex parte motions, motions for the court to enter default judgment where the opposing party has not appeared (see LCR 55(b)(2)), motions to recuse (see LCR3(f)), and motions for a temporary restraining order ("TRO") (see LCR 65) shall be noted for consideration for the day they are filed.

Summary: Same-day motions include stipulated, joint, unopposed motions, and specific motion types.

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Civil cases

14-Day Motions. Motions for relief from a deadline, and motions for protective order, shall be noted for consideration no earlier than 14 days after filing.

Summary: Motions for relief from deadline and protective orders require 14-day notice.

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Civil cases

Any opposition papers shall be filed and received by the moving party no later than 9 days after the filing date of the motion.

Summary: Opposition papers for 14-day motions must be filed within 9 days.

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Civil cases

Any reply papers shall be filed and received by the opposing party no later than 14 days after the filing date of the motion.

Summary: Reply papers for 14-day motions must be filed within 14 days.

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Civil cases

Required

Always ?

21-Day Motions. With the exception of the motions specifically listed in LCR 7(d)(1), 7(d)(2), and 7(d)(4), all other motions shall be noted for consideration no earlier than 21 days from the date of filing.

Summary: All other motions require 21-day notice.

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Civil cases

Required

Always ?

Any opposition papers shall be filed and received by the moving party no later than 15 days after the filing date of the motion.

Summary: Opposition papers for 21-day motions must be filed within 15 days.

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Civil cases

28-Day Motions. Motions to dismiss, motions for summary judgment, motions seeking a preliminary injunction, motions to exclude expert testimony for failure to satisfy Fed. R. Evid. 702/Daubert, motions for class certification, and motions directed toward changing the forum (through remand, transfer, or to compel arbitration) shall be noted for consideration no earlier than 28 days after filing.

Summary: Major dispositive motions require 28-day notice.

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Civil cases

Required

Always ?

If the deadline for a party's response or reply to a motion falls on a date that is a Saturday, Sunday, or 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.

Summary: Deadlines falling on weekends or holidays are extended to the next business day.

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Civil cases

Any reply papers shall be filed and received by the opposing party no later than 28 days after the filing date of the motion.

Summary: Reply papers for 28-day motions must be filed within 28 days.

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Civil cases

Required

Always ?

If any opposition papers required to be served under LCR 7(d) are served via mail, the deadline for filing and serving such opposition papers shall be 3 days earlier than the deadlines provided in LCR 7(d)(2), 7(d)(3), or 7(d)(4). If doing so places the deadline on a Saturday, Sunday, or legal holiday, the opposition brief shall be filed and served on the next earliest date that is not a Saturday, Sunday, or legal holiday.

Summary: Mail service requires 3-day earlier deadline for opposition papers.

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Civil cases

Except for petitions for habeas corpus and motions filed pursuant to 28 U.S.C. § 2255, 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), 7(d)(3), or 7(d)(4), not 7(d)(2).

Summary: Prisoner cases follow 7-day, 21-day, or 28-day briefing schedules, not 14-day.

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Civil cases

Counsel with principal responsibility for a case and all pro se parties shall attend the scheduling conference.

Summary: Counsel with principal responsibility and all pro se parties must attend scheduling conference.

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Civil cases

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.

Summary: Conference of attorneys required 10 days before filing proposed pretrial order.

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Civil cases

(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.

Summary: Protective order motions require certification of good faith meet and confer conference.

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Civil cases

Required

Always ?

(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) presenting discovery disputes to the court by informal means; (v) requesting the assistance of a magistrate judge for settlement conferences; (vi) requesting to use an abbreviated pretrial order;

Summary: Mandatory meet and confer conference before initial status conference or joint status report.

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Civil cases

(1) Meet and Confer Requirement. Any motion for an order compelling disclosure or discovery must include a certification, in the motion or in a declaration or affidavit, that the movant has in good faith conferred or attempted to confer with the person or party failing to make disclosure or discovery 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 with a party or person not making a disclosure or discovery requires a face-to-face meeting or a telephone conference.

Summary: Motion to compel discovery must include certification of good faith meet-and-confer attempt with date, manner, and participants.

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Civil cases

Before filing an appeal, a party shall make a motion for a new trial pursuant to subsection (n) of these procedures. If the motion for a new trial is denied, the party may appeal the judgment and seek a new trial only on grounds specified in subsection (n)(3). All other grounds for appeal shall be waived and are not permitted, unless the parties agree otherwise.

Summary: Motion for new trial required before appeal; only specific grounds allowed after denial.

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Civil cases

(b) Meet and Confer Requirement Prior to filing a motion to consolidate, the parties must meet and confer and attempt to reach agreement regarding whether the cases should be consolidated and whether consolidation should extend through trial. If they agree, the parties must file a stipulation to consolidate in all of the cases to be consolidated. The stipulation should also address, to the extent possible, any scheduling issues implicated by consolidation such as which case schedule should govern in the consolidated action.

Summary: Parties must meet and confer before filing motion to consolidate; if agreement reached, must file stipulation addressing consolidation and scheduling issues.

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Civil cases

No motion for judgment by default should be filed against any party unless the court has previously granted a motion for default against that party pursuant to LCR 55(a) or unless default otherwise has been entered.

Summary: Default judgment motion requires prior default entry.

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Civil cases

Any objection filed pursuant to this subsection must be noted for consideration for the day it is filed. No response shall be filed unless requested by the court. The request will set a date when the response is due, and may limit briefing to particular issues or points raised by the objections, may authorize a reply, and may prescribe word or, if written by hand or typewriter, page limitations.

Summary: Objections to magistrate judge orders must be noted for consideration on filing day; responses only if court requests.

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Civil cases

A party must file and serve any objections to a magistrate judge’s recommended disposition within 14 days after being served unless the court enlarges the time period in a specific case. The party filing the objections must note them on the motions calendar pursuant to LCR 7 for a date no earlier than 14 days after the objections are filed. Any response to the objections must be filed by the day before the noting date. No reply will be considered.

Summary: Objections to magistrate judge recommended dispositions must be filed within 14 days and noted on motions calendar.

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Civil cases

(3) As soon as practicable after the filing of the record, the court shall set a status conference to determine a schedule for further proceedings.

Summary: Court must set status conference after record filing to determine schedule

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Civil cases

Any opposition papers shall be filed and received by the moving party no later than 21 days after the filing date of the motion.

Summary: Opposition papers for 28-day motions must be filed within 21 days.

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Civil cases

As soon as practicable after a case is filed, but no later than either the filing of the proof of service on any defendant or the appearance of any defendant, the court shall order a scheduling conference, or order the submission of a joint status report, or both, unless the judge finds good cause for delay.

Summary: Scheduling conference or joint status report required within 14 days of filing or appearance.

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Civil cases

Required

Always ?

Immediately upon the filing of the agreement, plaintiff shall contact the courtroom deputy for the assigned judge and request an initial individualized trial conference. The conference shall occur no later than thirty (30) days after the filing of the agreement unless otherwise ordered by the court.

Summary: Plaintiff must request individualized trial conference within 30 days of filing agreement

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Civil cases

Except for dispositive motions, all pretrial motions must use the individualized procedure set forth in LCR 37.

Summary: Pretrial motions (except dispositive) must follow LCR 37 individualized procedure.

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As a general rule, a party may not seek discovery from any source before the parties have held a planning conference as required by FRCP 26(f), FRCP 26(d).

Summary: Discovery planning conference required before seeking discovery under FRCP 26(f)(d).

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

Stipulated, joint or unopposed motions (see for example LCR 10(g)), motions to file over-length motions or briefs (see LCR 7(f)), motions for reconsideration (see LCR 7(h)), joint submissions pursuant to the optional procedure established in LCR 37(a)(2), motions to appoint a mediator (LCR 39.1(c)(3)), motions for default (see LCR 55(a)), requests for the clerk to enter default judgment (see LCR 55(b)(1)), ex parte motions, motions for the court to enter default judgment where the opposing party has not appeared (see LCR 55(b)(2)), motions to recuse (see LCR3(f)), and motions for a temporary restraining order (“TRO”) (see LCR 65) shall be noted for consideration for the day they are filed.

Summary: The listed stipulated, joint, unopposed, specified, ex parte, default, recusal, and TRO matters must be noted for the filing day.

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

Any response shall be filed and received by the moving party no later than 9 days after the filing date of the motion.

Summary: A response to a 14-day motion must be filed and received by the movant within 9 days after the motion is filed.

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

Any reply papers shall be filed and received by the opposing party no later than 14 days after the filing date of the motion.

Summary: Reply papers for a 14-day motion must be filed and received by the opposing party within 14 days after the motion is filed.

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

Any response shall be filed and received by the moving party no later than 15 days after the filing date of the motion.

Summary: A response to a 21-day motion must be filed and received by the movant within 15 days after the motion is filed.

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

Any reply papers shall be filed and received by the opposing party no later than 21 days after the filing date of the motion.

Summary: Reply papers for a 21-day motion must be filed and received by the opposing party within 21 days after the motion is filed.

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

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).

Summary: An over-length motion must be filed as soon as possible and at least 3 days before the underlying filing is due, and noted for consideration on its filing day under LCR 7(d)(1).

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

A good faith effort to confer with a party or person not making a disclosure or discovery requires a face-to-face meeting or a telephone conference.

Summary: A good-faith effort to confer about a disclosure or discovery dispute requires a face-to-face meeting or telephone conference.

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

If a motion is pending and undecided in the state court at the time of removal, it will not be considered unless and until the moving party files and notes the motion on this court’s calendar in accordance with LCR 7(d).

Summary: A pending, undecided state-court motion after removal will not be considered until the moving party files and notes it on the court’s calendar under LCR 7(d).

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Criminal cases

The moving party shall file and serve on each party that has appeared in the action the motion and a proposed order. 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. The moving party shall also note the motion for twelve days after the day on which it is filed. Each party opposing the motion shall 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 as provided in section (a) hereof. The deadline for filing the opposition is seven days after the motion is filed. The moving party may, but is not required to, file and serve on each party that has appeared in the action a reply brief in support of the motion, together with any supporting material. The deadline for filing the reply is five days after the opposition.

Summary: Motion procedure: file motion with proposed order, note motion for 12 days, opposition due 7 days after filing, reply due 5 days after opposition. Argument must be in motion itself.

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Civil cases

Leave of the Court must be obtained to file a sur−reply.

Summary: Sur-replies require leave of court.

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Required

Always ?

Judge Robart follows Local Rules W.D. Wash. LCR 7 in scheduling matters for consideration by the court. Counsel and pro se parties should follow the scheduling guidelines specified in Local Rule 7(d). The court may re-note or strike motions that have been improperly noted for consideration, or take other appropriate action.

Summary: Follow Local Rule 7(d) scheduling guidelines; improper motions may be re-noted or struck.

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Before filing a motion to compel, a party must make a good faith effort to meet and confer with the opposing party.

Summary: Good faith meet and confer required before filing motions to compel.

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Before filing motions in limine, a party must make a good faith effort to meet and confer with the opposing party, and must comply with all other requirements of Local Rule 7(d)(4).

Summary: Good faith meet and confer required before filing motions in limine.

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For all cases, except applications for temporary restraining orders, counsel contemplating the filing of any motion shall first contact opposing counsel to discuss thoroughly, preferably in person, the substance of the contemplated motion and any potential resolution. The Court construes this requirement strictly. Half-hearted attempts at compliance with this rule will not satisfy counsel’s obligation. The parties must discuss the substantive grounds for the motion and attempt to reach an accord that would eliminate the need for the motion. The Court strongly emphasizes that discussions of the substance of contemplated motions are to take place, if at all possible, in person. All motions must include a declaration by counsel briefly describing the parties’ discussion and attempt to eliminate the need for the motion and the date of such discussion. Filings not in compliance with this rule may be stricken.

Summary: Meet and confer required before filing most motions; declaration of conference required.

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

Filings not in compliance with this rule will be stricken.

Summary: Filings that do not comply with the meet-and-confer rule will be stricken.

Not confirmed. Read the court's wording below.WARNING?

A motion to dismiss under Fed. Civ. R. 12(b) is discouraged if the defect can be cured simply by filing an amended complaint. Thus, the parties must meet and

Summary: A motion to dismiss under Rule 12(b) is discouraged when an amended complaint can simply cure the defect, and the parties must meet before proceeding.

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To reduce the burden of litigation on pro se litigants, pro se parties are not required to meet and confer. However, if at least one party on each side is represented by an attorney, the meet and confer requirement still applies and pro se parties are encouraged, but not required, to attend.

Summary: Pro se parties are exempt from the meet-and-confer requirement, but if both sides have attorney representation, the requirement applies and pro se parties are encouraged to attend.

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Before filing motions in limine, a party must make a good faith effort to meet and confer with the opposing party. Parties are discouraged from filing motions in limine that (1) do not identify specific evidence or exhibits to be excluded, (2) request relief at a high level of generality, or (3) merely ask the Court to apply the Federal Rules of Evidence.

Summary: Before filing motions in limine, parties must confer in good faith; motions should identify specific evidence and avoid general requests.

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A motion to dismiss pursuant to FRCP 12(b) is discouraged if the defect can be cured by filing an amended pleading. Parties must endeavor not to oppose timely motions to amend.

Summary: Motions to dismiss under FRCP 12(b) are discouraged if the defect can be cured by an amended pleading; parties should not oppose timely motions to amend.

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Parties are discouraged from filing motions in limine that request exclusion without identifying specific evidence or exhibits to be excluded, request relief at a high level of generality, or merely ask the Court to apply the Federal Rules of Evidence in the absence of an unusual issue. Daubert issues may not be presented in motions in limine.

Summary: Motions in limine are discouraged if they do not identify specific evidence to exclude, are overly general, or seek routine FRE application; Daubert issues are prohibited.

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A motion to dismiss pursuant to FRCP 12(b) is discouraged if the defect can be cured by filing an amended pleading. Parties must endeavor not to oppose timely motions to amend.

Summary: Motions to dismiss under Rule 12(b) discouraged if defect can be cured by amendment.

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Civil cases

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 LCR 39.1 and 39.2.

Summary: Parties must be prepared to discuss ADR procedures at scheduling conference.

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Civil cases

If a motion is pending and undecided in the state court at the time of removal, it will not be considered unless and until the moving party files and notes the motion on this court’s calendar in accordance with LCR 7(d).

Summary: Pending state court motions not considered unless refiled in federal court.

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Civil cases

If the complaint filed in state court does not set forth the dollar amount prayed for, a removal petition shall nevertheless be governed by the time limitation of 28 U.S.C. § 1446(b) if a reasonable person, reading the complaint of the plaintiff, would conclude that the plaintiff was seeking damages in an amount greater than the minimum jurisdictional amount of this court.

Summary: Removal timing applies even without specified damages if amount exceeds jurisdiction.

Not confirmed. Read the court's wording below.WARNING?

Civil cases

No reply papers shall be filed.

Summary: Reply papers on motions in limine are prohibited.

Not confirmed. Read the court's wording below.WARNING?

Civil cases

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

Summary: No opposition to an over-length motion may be filed unless the court requests one.

Not confirmed. Read the court's wording below.WARNING?

Civil cases

(4) No response shall be filed unless requested by the court.

Summary: No response to a surreply requesting that reply material be stricken may be filed unless the court requests it.

Not confirmed. Read the court's wording below.WARNING?

Civil cases

If the opposing party fails to respond, the moving party may file the LCR 37 submission with the court and state that no response was received.

Summary: If the opposing party does not respond, the moving party may file the LCR 37 submission and state that no response was received.

Not confirmed. Read the court's wording below.WARNING?

Civil cases

No reply will be considered.

Summary: Replies to objections in dispositive matters and prisoner petitions will not be considered.

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Criminal cases

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.

Summary: Motion to recuse is reviewed by challenged judge who may voluntarily recuse; if not, motion is referred to chief judge or senior active judge.

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Criminal cases

If discovery or inspection beyond that provided for above is sought by either counsel, the attorney for the government and the defendant’s attorney shall confer with a view toward satisfying these requests in a cooperative atmosphere without recourse to the court. Only in the event that either party’s request for any discovery or inspection cannot be satisfied without recourse to the court may either party move for additional discovery or inspection.

Summary: Before filing a motion for further discovery, the parties must confer to try to resolve the request without court involvement.

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Criminal cases

The parties must meet and confer prior to the filing of a motion in limine pursuant to CrR 12(b)(7).

Summary: Parties must meet and confer before filing any motion in limine.

Not confirmed. Read the court's wording below.WARNING?

Civil cases

Issues that Arise During Trial, After Court Hours: Should an issue arise during trial after court hours, counsel are instructed to meet and confer to see if the issue may be resolved without court intervention.

Summary: For an issue arising during trial after court hours, counsel must meet and confer to determine whether it can be resolved without court intervention.

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Civil cases

Matters where a party is proceeding pro se are exempted from this procedure. In those cases, parties may file discovery motions directly and note them according to Local Rules W.D. Wash. LCR 7(d).

Summary: Pro se parties are exempt from discovery dispute conference requirement and may file discovery motions directly.

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Civil cases

To reduce the burden of litigation on pro se litigants, pro se parties are not required to meet and confer. However, if at least one party on each side is represented by an attorney, the meet and confer requirement still applies and pro se parties are encouraged, but not required, to attend.

Summary: Pro se parties exempt from meet and confer requirement.

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Civil cases

H. Briefing Schedule for Cross-Motions for Summary Judgment

Summary: Specific briefing schedule for cross-motions for summary judgment.

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Criminal cases

Required

Always ?

The Court typically sets the pretrial motions deadline six weeks before trial.

Summary: Pretrial motions deadline is typically set six weeks before trial.

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After briefing has been completed on a motion, the Court will decide whether to grant a request for oral argument.

Summary: Oral argument is decided after briefing is completed on a motion.

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Civil cases

All motions will be decided as soon as practicable, and normally within thirty days following the noting date.

Summary: Motions are normally decided within 30 days of the noting date.

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Civil cases

The court may, in its discretion, schedule a final pretrial conference.

Summary: Final pretrial conference may be scheduled at court's discretion.

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Civil cases

(2) Expedited Joint Motion Procedure. A motion for an order compelling disclosure or discovery may be filed and noted in the manner prescribed in LCR 7(d)(3). Alternatively, the parties may, by agreement, utilize the expedited procedure set forth in this subsection. If the parties utilize this procedure, the motion may be noted for consideration for the day the motion is filed.

Summary: Expedited joint motion procedure available for discovery motions by agreement.

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Civil cases

(I) If all parties agree to do so, they may use the expedited joint motion procedure for other types of motions, including but not limited to motions to seal, motions for relief from a deadline, and motions in limine. The timing and procedure shall be the same as set forth above except that (1) instead of setting forth the disputed discovery request and the opposing party’s objection/response thereto, the moving party should set forth the relief requested and the legal authority that supports the requested relief, and (2) the moving party must submit a proposed order that sets forth the relief requested.

Summary: Expedited joint motion procedure available for motions to seal, relief from deadline, and motions in limine by agreement.

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Motions ............................................................................................................. 32

Summary: Motion filing procedures section begins

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Non-dispositive motions, except those specifically listed in other parts of LCR 7(d), cannot be noted any earlier than 21 calendar days after they are filed. The response is due by 15 days after the filing date and the reply is due by the noting date, unless otherwise ordered by the judge.

Summary: 21-day motions require 15-day response and reply by noting date.

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The following motions may be noted for the same day they are filed. A response or reply is not permitted unless ordered by the court.

Summary: Same-day motions do not permit responses or replies unless ordered.

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Motions in limine cannot be noted any earlier than 21 calendar days after filing but no later than 6 days before the pretrial conference, unless otherwise ordered by the judge.

Summary: Motions in limine must be noted between 21 days after filing and 6 days before pretrial conference.

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After a party files a motion in limine, the response is due by the Monday before the noting date. A reply is not permitted unless ordered by the judge.

Summary: Motions in limine responses due Monday before noting date; replies not permitted unless ordered.

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The following types of motions cannot be noted earlier than 14 calendar days after they are filed. Unless otherwise ordered by the judge, the response is due no later than 9 days after the filing of the motion; the reply is due by the noting date.

Summary: 14-day motions require 9-day response and reply by noting date.

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The following types of motions cannot be noted any earlier than 28 calendar days after they are filed. The response is due by 21 days after the date of filing and the reply is due by the noting date, unless otherwise ordered by the judge.

Summary: 28-day motions require 21-day response and reply by noting date.

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Criminal cases

Motions to shorten time are abolished. If immediate action is necessary, parties shall use the procedures for telephonic motions outlined above. If the judge assigned to the case is unavailable, any other judge may hear and dispose of the matter requiring immediate attention, but such action shall not constitute reassignment of the case or proceeding.

Summary: Motions to shorten time are abolished; for immediate action, use telephonic motion procedure; if assigned judge unavailable, any other judge may hear the matter.

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Civil cases

Unless specific circumstances require it, the Court will not hold a Fed. R. Civ. P. 16(b) Initial Status Conference. Instead, the Court will review the parties' combined Joint Status Report and Discovery Plan as required by FRCP 26(f) and Local Civil Rule 26(f) and issue a Scheduling Order as soon as practicable thereafter.

Summary: No Rule 16(b) conference; Court reviews joint status report and issues scheduling order.

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After briefing has been completed, the Court will decide whether to grant a request for oral argument. Should oral argument be allowed, the Court will contact the parties to schedule a date and time.

Summary: Oral argument granted after briefing; Court contacts parties to schedule.