Longshore v. Herzog et al

Filing 158

ORDER. Denying 69 Defendant's Second Motion to Appoint Counsel; Denying 88 Plaintiff's Motion for a Joint Status Report and Discovery Plan; Denying as Moot 93 Plaintiff's Motion to Strike Pending Motions and Expedite a Decision on ECF No. 69; Granting 95 Plaintiff's Motion to Add Defendant; Denying 96 Plaintiff's Motion for Order Directing Initial Disclosures; Granting in Part 97 Plaintiff's Motion to Compel Discovery and Set a Telephonic Conference w ith the Court; Striking 106 Motion for Partial Summary Judgment; Granting 107 Plaintiff's Motion to Strike ECF No. 106; Denying 118 Defendant's Motion to Stay Discovery Pending Resolution of Summary Judgment Motion; Denying 122 Pla intiff's Letter (Construed as a Motion to Continue); Granting in Part and Held in Abeyance in Part 125 Plaintiff's Motion to Issue a Subpoena Duces Tecum; Holding in Abeyance 126 ; Denying 127 Defendant's Second Motion to Appoin t Expert Witness; Holding in Abeyance 131 Plaintiff's Motion to Issue a Subpoena Duces Tecum; Holding in Abeyance 132 , Plaintiff's Motion to Direct Service of Complaint and Process and/or Compel the Addresses of Listed Defendants. A telephonic Status Conference is set for 4/11/2017 at 9:00 AM. The parties shall call in five minutes early to the Court's dedicated conference line at 1-877-336-1828, Access Code 3873484; Security Code 5003. Signed by Magistrate Judge Mary K. Dimke. (Attachments: # 1 Local Rules) (MO, Courtroom Deputy)**131 PAGE(S), PRINT ALL**(Charles Longshore, Prisoner ID: #332121)

LOCAL RULES
UNITED STATES DISTRICT COURT
FOR THE
EASTERN DISTRICT OF WASHINGTON
Effective Date December 7, 2015

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
Telephone
(Area code-509)

JUDGES:

Hon. Thomas O. Rice, Chief Judge
Ninth Floor, Thomas S. Foley U.S. Courthouse
920 West Riverside Avenue
P.O. Box 1493, Spokane, WA 99210.. . . . . . . . . . . . . . . . . . . . . . . . .
Courtroom 902
Orders Email: [e-mail]
Judicial Assistant: Bridgette Fortenberry. . . . . . . . . . . . . . . . .
Courtroom Deputy: Linda Hansen . . . . . . . . . . . . . . . . . . . . . .
Richland—When court in session. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Yakima—When court in session. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Hon. Rosanna Malouf Peterson
Ninth Floor, Thomas S. Foley U.S. Courthouse
920 West Riverside Avenue
P.O. Box 1493, Spokane, WA 99210.. . . . . . . . . . . . . . . . . . . . . . . . .
Courtroom 901
Orders Email: [e-mail]
Judicial Assistant: Mary Strand. . . . . . . . . . . . . . . . . . . . . . . .
Courtroom Deputy: Michelle Fox . . . . . . . . . . . . . . . . . . . . . .
Richland—When court in session. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Yakima—When court in session. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Hon. Stanley A. Bastian
25 South Third Street, 2nd Floor, Wm. O. Douglas Courthouse
P.O. Box 2706, Yakima, WA 98907. . . . . . . . . . . . . . . . . . . . . . . . .
Courtroom 203
Orders Email: [e-mail]
Courtroom Deputy: Laurie McClure . . . . . . . . . . . . . . . . . . . .
Spokane—When court in session. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Richland—When court in session. . . . . . . . . . . . . . . . . . . . . . . . . . . .
ii

458-2470

458-2470
458-2473
943-8170
573-6600

458-5260

458-5260
458-5263
943-8170
573-6600

573-6640

573-6605
458-3400
943-8170

Telephone
(Area code-509)

JUDGES:

Hon. Salvador Mendoza, Jr.
U.S. Courthouse and Federal Building
825 Jadwin, Suite 190
Richland, WA 99352. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Courtroom 189
Orders Email: [e-mail]
Judicial Assistant: Monica Villanueva. . . . . . . . . . . . . . . . . . .
Courtroom Deputy: Debbie Brasel. . . . . . . . . . . . . . . . . . . . . .
Spokane—When court in session. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Yakima—When court in session. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Hon. Justin L. Quackenbush, Senior Judge
Ninth Floor, Thomas S. Foley U.S. Courthouse
P.O. Box 1432, Spokane, WA 99210.. . . . . . . . . . . . . . . . . . . . . . . .
Courtroom 903
Orders Email: [e-mail]
Judicial Assistant: Lee Ann Mauk. . . . . . . . . . . . . . . . . . . . . .
Richland—When court in session. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Yakima—When court in session. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Hon. Wm. Fremming Nielsen, Senior Judge
Ninth Floor, Thomas S. Foley U.S. Courthouse
P.O. Box 1493, Spokane, WA 99210.. . . . . . . . . . . . . . . . . . . . . . . .
Courtroom 903
Orders Email: [e-mail]
Judicial Assistant: Joanna Knutson. . . . . . . . . . . . . . . . . . . . .
Richland—When court in session. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Yakima—When court in session. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Hon. Fred Van Sickle, Senior Judge
Seventh Floor, Thomas S. Foley U.S. Courthouse
P.O. Box 1493, Spokane, WA 99210.. . . . . . . . . . . . . . . . . . . . . . . .
Courtroom 755
Orders Email: [e-mail]
Courtroom Deputy: Virginia Reisenauer. . . . . . . . . . . . . . . . .
Richland—When court in session. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Yakima—When court in session. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
iii

943-8160

943-8160
943-8173
458-3400
573-6600

458-5280

458-5280
943-8170
573-6600

458-5290

458-5290
943-8170
573-6600

458-5250

458-5250
943-8170
573-6600

Telephone
(Area code-509)

JUDGES:

Hon. Robert H. Whaley, Senior Judge
Seventh Floor, Thomas S. Foley U.S. Courthouse
P.O. Box 1493, Spokane, WA 99210.. . . . . . . . . . . . . . . . . . . . . . . . . 458-5270
Courtroom 755
Orders Email: [e-mail]
Courtroom Deputy: Michelle Fox . . . . . . . . . . . . . . . . . . . . . . 458-5270
Richland—When court in session. . . . . . . . . . . . . . . . . . . . . . . . . . . . 943-8170
Yakima—When court in session. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 573-6600
Hon. Edward F. Shea, Senior Judge
U.S. Courthouse and Federal Building
825 Jadwin, Suite 320
Richland, WA 99352. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Courtroom 189
Orders Email: [e-mail]
Judicial Assistant: Lisa Hernandez. . . . . . . . . . . . . . . . . . . . . .
Courtroom Deputy: Cora Vargas . . . . . . . . . . . . . . . . . . . . . .
Spokane—When court in session. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Yakima—When court in session. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Hon. Lonny R. Suko, Senior Judge
25 South Third Street, 3rd Floor, Wm. O. Douglas Courthouse
P.O. Box 2706, Yakima, WA 98907. . . . . . . . . . . . . . . . . . . . . . . . .
Courtroom 203
Orders Email: [e-mail]
Judicial Assistant: Ginger Thompson. . . . . . . . . . . . . . . . . . . .
Spokane—When court in session. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Richland—When court in session. . . . . . . . . . . . . . . . . . . . . . . . . . . .

iv

943-8190

943-8190
943-8172
458-3400
573-6600

573-6650

573-6650
458-3400
943-8170

Telephone
(Area code-509)

MAGISTRATE JUDGES:

Hon. John T. Rodgers
Seventh Floor, Thomas S. Foley U.S. Courthouse
P.O. Box 1493, Spokane, WA 99210. . . . . . . . . . . . . . . . . . . . . . . . . . . 458-5240
Courtroom 740
Orders Email: [e-mail]
Judicial Assistant: Kathy Roberts. . . . . . . . . . . . . . . . . . . . . . . . . 458-5240
Courtroom Deputy: Melissa Orosco. . . . . . . . . . . . . . . . . . . . . . . 458-5240
Hon. Mary K. Dimke
First Floor, Wm. O. Douglas Courthouse
P.O. Box 2706, Yakima, WA 98907. . . . . . . . . . . . . . . . . . . . . . . . . . . 573-6670
Courtroom 102
Orders Email: [e-mail]
Courtroom Deputy: Pam Howard. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 573-6600
BANKRUPTCY COURT JUDGES:
Hon. Frederick P. Corbit, Chief Judge
Third Floor, U.S. Post Office Building
P.O. Box 2164, Spokane, WA 99210.. . . . . . . . . . . . . . . . . . . . . . . . . . 458-5340
Secretary: Dee Sindlinger. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 458-5340
Hon. Frank Kurtz
Second Floor, Chinook Tower
402 E. Yakima Ave,
Suite 200, Yakima, WA 98901. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 576-6122
Secretary: Chantelle Sliman. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 576-6122
Hon. John Rossmeissl, Recalled Judge
Second Floor, Chinook Tower
402 E. Yakima Ave.,
Suite 200, Yakima, WA 98901.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 576-6122

v

DISTRICT COURT EXECUTIVE/CLERK OF COURT:
Telephone
(Area code-509)
Sean F. McAvoy
Room 840, Thomas S. Foley U.S. Courthouse,
920 W. Riverside
P.O. Box 1493, Spokane, WA 99210.. . . . . . . . . . . . . . . . . . . . . . . . 458-3400
Richland—825 Jadwin, Suite 174,
Richland, WA 99352.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 943-8170
Yakima—P.O. Box 2706, Yakima,
WA 98907-2706. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 573-6600
BANKRUPTCY COURT EXECUTIVE/CLERK OF COURT:
Bev Benka
Third Floor, U.S. Post Office Building
P.O. Box 2164, Spokane, WA 99210.. . . . . . . . . . . . . . . . . . . . . . . . . 458-5300
Yakima—402 E. Yakima Avenue., Ste 200,
Yakima, WA 98901. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 576-6100
Court Reporters:
Kim Allen
P.O. Box 685, Richland, WA 99352 . . . . . . . . . . . . . . . . . . . . . . . . . .
Ronelle F. Corbey
P.O. Box 700, Spokane, WA 99210. . . . . . . . . . . . . . . . . . . . . . . . . . .
Mark A. Snover
P.O. Box 1633, Spokane, WA 99210. . . . . . . . . . . . . . . . . . . . . . . . . .
Dorothy Stiles
P.O. Box 700, Spokane, WA 99210. . . . . . . . . . . . . . . . . . . . . . . . . . .
Lynette Walters
P.O. Box 845, Yakima, WA 98907. . . . . . . . . . . . . . . . . . . . . . . . . . .

vi

943-8175
458-5283
458-3434
458-3465
573-6613

PROBATION OFFICE:
Telephone
(Area code-509)
Spokane Office:
Room 540, Thomas S. Foley U.S. Courthouse
P.O. Box 306, Spokane, WA 99210.. . . . . . . . . . . . . . . . . . . . . . . . . . 742-6300
Yakima Office:
Room 326, U.S. Courthouse
P.O. Box 1791, Yakima, WA 98907. . . . . . . . . . . . . . . . . . . . . . . . . . 574-5535
Richland Office:
170A U.S. Courthouse
P.O. Box 446, Richland, WA 99352. . . . . . . . . . . . . . . . . . . . . . . . . . 943-8130
FEDERAL DEFENDERS OF EASTERN WASHINGTON:
Executive Director
10 North Post, Suite 700
Spokane, WA 99201. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 624-7606
Yakima Office:
306 East Chestnut, Yakima, WA 98901. . . . . . . . . . . . . . . . . . . . . . . . 248-8920
UNITED STATES ATTORNEY:
Spokane Office:
Third Floor, Thomas S. Foley U.S. Courthouse
P.O. Box 1494, Spokane, WA 99210.. . . . . . . . . . . . . . . . . . . . . . . . . 353-2767
Yakima Office:
402 E. Yakima Avenue, Suite 210, Yakima, WA 98901.. . . . . . . . . . 454-4425

vii

UNITED STATES MARSHAL:
Telephone
(Area code-509)
Spokane Office:
Second Floor, Thomas S. Foley U.S. Courthouse
P.O. Box 1463, Spokane, WA 99210.. . . . . . . . . . . . . . . . . . . . . . . . . 368-3600
Yakima Office:
First Floor, 25 S. 3rd, Yakima, WA
P.O. Box 1204, Yakima, WA 98907. . . . . . . . . . . . . . . . . . . . . . . . . . 575-5917
Richland Office:
825 Jadwin Avenue, Room G-69
P.O. Box 1026, Richland, WA 99352... . . . . . . . . . . . . . . . . . . . . . . . . 946-9423

viii

TABLE OF LOCAL R ULES
Introduction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
COMMENCEMENT OF ACTION; SERVICE OF PROCESS,
PLEADINGS, MOTIONS, AND ORDERS
LR 3.1
LR 3.2
LR 4.1
LR 5.1

Commencement of Action and Filing of Documents. . . . . . . . . . .
RICO Case Statement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Service of Process. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Service and Filing of Pleadings and Documents. . . . . . . . . . . . . . .

2
3
7
8

PLEADINGS AND MOTIONS
LR 7.1
LR 9.1
LR 9.2
LR 10.1
LR 16.1
LR 16.2

Motion Practice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Standard Forms for Habeas Corpus Petitions and Motions. . . . .
Admiralty Rules. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
General Format of Documents Presented for Filing. . . . . . . . . . .
Pretrial Procedure.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Alternative Dispute Resolution. . . . . . . . . . . . . . . . . . . . . . . . . . .

10
14
15
16
19
23

PARTIES
LR 17.1
LR 23.1
LR 24.1

Claims of Minors and Incompetents and Disposition of Funds. . 25
Certification of Class Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Procedure for Notification of any Claim of Unconstitutionality. . 28
DISCLOSURES AND DISCOVERY

LR 26.1
LR 30.1
LR 32.1
LR 33.1

Attorney Conference; Formation of Discovery Plan. . . . . . . . . . .
Depositions.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Use of Depositions at Trial. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Interrogatories to Parties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ix

29
30
31
33

LR 34.1
LR 36.1
LR 37.1

Requests for Production. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Requests for Admission. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Discovery Motions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
TRIALS

LR 38.1 Jury Demand. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
LR 39.1 Trial Briefs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
LR 40.1 Priorities of Cases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
LR 40.2 Calendar of Cases.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
LR 41.1 Dismissal of Actions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
LR 43.1 Examination of Witnesses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
LR 44.1.1 Foreign Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
LR 47.1 Selection of Jurors and Jury Trials. . . . . . . . . . . . . . . . . . . . . . . .
LR 51.1 Jury Instructions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

38
39
40
41
42
43
44
45
46

JUDGMENT
LR 54.1
LR 54.2
LR 55.1
LR 56.1

Cost Bills. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Jury Cost Assessment.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Defaults. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Summary Judgment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
PROVISIONAL AND FINAL REMEDIES

LR 66.1
LR 67.1
LR 69.1

Receiverships. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Deposit in Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Execution and Supplemental Examination of Judgment Debtors. . 56
SPECIAL PROCEEDINGS

LR 72.1
LR 73.1

Magistrate Judges; Pretrial Orders . . . . . . . . . . . . . . . . . . . . . . . . . 57
Magistrate Judges; Trial by Consent and Appeal Options. . . . . . . 58

x

DISTRICT COURTS AND CLERKS
LR 77.1
LR 78.1
LR 79.1

Sessions of Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Motion Day. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Custody and Disposition of Exhibits, Depositions. . . . . . . . . . . . . 62
GENERAL PROVISIONS

LR 83.1
LR 83.2
LR 83.3
LR 83.4
LR 83.5
LR 83.6

Courtroom Practice and Civility. . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Bar Admission and Appearance(s) in a Case. . . . . . . . . . . . . . . . . 69
Attorney Discipline. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
Court Policy Against Discrimination.. . . . . . . . . . . . . . . . . . . . . . . 77
Bankruptcy Cases, Proceedings and Appeals. . . . . . . . . . . . . . . . . 78
Pro Se Litigants. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
TABLE OF LOCAL MAGISTRATE JUDGE RULES

LMR 1
LMR 2
LMR 3
LMR 4
LMR 5
LMR 6
LMR 7
LMR 8
LMR 9
LMR 10
LMR 11
LMR 12
LMR 13

General Powers and Duties Conferred by Statute or Rule. . . . . . . 82
Rules of Practice and Procedure in Misdemeanor Cases. . . . . . . . 85
Non-Dispositive Pretrial Matters. . . . . . . . . . . . . . . . . . . . . . . . . . . 86
Dispositive Pretrial and Other Matters. . . . . . . . . . . . . . . . . . . . . . 87
Special Master References. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
References to Full-Time Magistrate Judges. . . . . . . . . . . . . . . . . . 90
Motion Practice Before Magistrate Judges. . . . . . . . . . . . . . . . . . . 91
Other Duties of Full-Time Magistrate Judges. . . . . . . . . . . . . . . . . 92
Administration of Criminal Justice Act Plan.. . . . . . . . . . . . . . . . . 94
Review of Conditions of Release. . . . . . . . . . . . . . . . . . . . . . . . . . 95
Appeals to District Judge.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
Civil Trials Before Magistrate Judges by Consent of Parties. . . . . 98
Change of Title. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100

xi

INTRODUCTION
Local Rules for the United States District Court for the Eastern District of
Washington have been adopted by the Court pursuant to FED. R. CIV. P. 83, FED.
R. CRIM . P. 57, and 28 U.S.C. § 636(b)(4). These Local Rules shall be cited as
“LR ” or “LMR ”.
These rules shall govern all pending matters, except to the extent, in the
opinion of the Court, their application in a case pending on December 7, 2015
would not be feasible or would work an injustice, in which event the procedure set
forth in the former rules shall apply.
These rules govern all actions pending as of the effective date and
supersede those rules promulgated on March 23, 2015. Counsel are required to
be familiar with these Rules and the Federal Rules of Procedure, both civil
and criminal, and amendments thereto.
Rules for practice in Bankruptcy Court have been separately published and
are available from the Clerk of the Bankruptcy Court.
The Court, on its own motion, may amend these Local Rules and the Court
may, on its own motion or the motion of any party, modify or dispense with any
Local Rule in a particular case.
The term “party” as used in these rules shall include the attorney for such
party unless the context of the rule excludes such meaning.
The Local Rules, Administrative Procedures for Electronic Case Filing and
various forms are available on the Court’s public web site,
http://www.waed.uscourts.gov.

1

LR 3.1
COMMENCEMENT OF ACTION
AND FILING OF PLEADINGS AND DOCUMENTS
(a) The filing of a complaint with the Clerk consistent with the Administrative
Procedures for Electronic Case Filing shall constitute the commencement of the
action in compliance with FED. R. CIV. P. 3.
(b) Filing of Pleadings and Documents
Effective October 4, 2004, the Clerk of Court will maintain an electronic
case file for all civil and criminal cases, receive civil and criminal case filings by
electronic transmission, and scan and upload paper filings in civil and criminal
cases into the electronic file.
Effective April 5, 2005, unless otherwise permitted by the Administrative
Procedures for Electronic Case Filing or unless otherwise authorized by the
assigned judge, all documents submitted for filing on or after April 5, 2005 in all
civil and criminal cases shall be filed electronically using the Electronic Filing
System.
Parties proceeding pro se, the filing of social security cases, and a case filed
under seal shall be governed by the Court’s Administrative Procedures for
Electronic Case Filing available through the Clerk’s Office or at
www.waed.uscourts.gov.
All paper pleadings and documents, filed pursuant to the Court’s
Administrative Procedures for Electronic Case Filing and these Local Rules,
shall be deemed filed when (1) delivered to the Clerk's office in Spokane,
Richland or Yakima, or (2) delivered to the Clerk or a deputy clerk in open court
while Court is in session.

2

LR 3.1 amended 7-1-2013

LR 3.2
RICO CASE STATEMENT
In cases which include claims under 18 U.S.C. § 1961 et seq., the Racketeer
Influenced and Corrupt Organizations Act (RICO), the party asserting such
claims shall, within 14 days of filing/serving the pleading containing such claims
(or whichever is later), file and serve a RICO Case Statement as hereinafter
provided.
This statement shall include the facts the plaintiff is relying upon to initiate
this RICO complaint as a result of the “reasonable inquiry” required by FED. R.
CIV. P. 11. In particular, this statement shall be in a form which uses the numbers
and letters as set forth below, and shall state in detail and with specificity the
following information:
(a) State whether the alleged unlawful conduct is in violation of 18 U.S.C.
§ 1962(a), (b), (c), and/or (d).
(b) List each defendant and state the alleged misconduct and basis of
liability of each defendant.
(c) List the alleged wrongdoers, other than the defendants listed above, and
state the alleged misconduct of each wrongdoer.
(d) List the alleged victims and state how each victim was allegedly injured.
(e) Describe in detail the pattern of racketeering activity or collection of
unlawful debts alleged for each RICO claim. A description of the pattern of
racketeering shall include the following information:
(1) List the alleged predicate acts and the specific statutes which were
allegedly violated;
(2) Provide the dates of the predicate acts, the participants in the
predicate acts, and a description of the facts surrounding the predicate acts;
(3) If the RICO claim is based on the predicate offenses of wire fraud,
mail fraud, or fraud in the sale of securities, the “party must state with particularity the circumstances constituting fraud or mistake.” FED. R. CIV. P. 9(b).
Identify time, place and contents of the alleged misrepresentations, and the
identity of persons to whom and by whom the alleged misrepresentations were
made;

3

LR 3.2

(4) State whether there has been a criminal conviction for violation
of the predicate acts;
(5) State whether civil litigation has resulted in a judgment in regard
to the predicate acts;
(6) Describe how the predicate acts form a “pattern of racketeering
activity”; and
(7) State whether the alleged predicate acts relate to each other as part
of a common plan. If so, describe in detail.
(f) Describe in detail the alleged enterprise for each RICO claim. A
description of the enterprise shall include the following information:
(1) State the names of the individuals, partnerships, corporations,
associations, or other legal entities, which allegedly constitute the enterprise;
(2) Describe the structure, purpose, function and course of conduct
of the enterprise;
(3) State whether any defendants are employees, officers or directors
of the alleged enterprise;
(4) State whether any defendants are associated with the alleged
enterprise;
(5) State whether you are alleging that the defendants are individuals
or entities separate from the alleged enterprise, or that the defendants are the
enterprise itself, or members of the enterprise; and
(6) If any defendants are alleged to be the enterprise itself, or
members of the enterprise, explain whether such defendants are perpetrators,
passive instruments, or victims of the alleged racketeering activity.
(g) State and describe in detail whether you are alleging that the pattern of
racketeering activity and the enterprise are separate or have merged into one
entity.
(h) Describe the alleged relationship between the activities of the enterprise
and the pattern of racketeering activity. Discuss how the racketeering activity
differs from the usual and daily activities of the enterprise, if at all.
(i) Describe what benefits, if any, the alleged enterprise receives from the
alleged pattern of racketeering.

4

LR 3.2

(j) Describe the effect of the activities of the enterprise on interstate or
foreign commerce.
(k) If the complaint alleges a violation of 18 U.S.C. § 1962(a), provide the
following information:
(1) State who received the income derived from the pattern of
racketeering activity or through the collection of an unlawful debt; and
(2) Describe the use or investment of such income.
(l) If the complaint alleges a violation of 18 U.S.C. § 1962(b), describe in
detail the acquisition or maintenance of any interest in or control of the alleged
enterprise.
(m) If the complaint alleges a violation of 18 U.S.C. § 1962(c), provide the
following information:
(1) State who is employed by or associated with the enterprise.
(2) State whether the same entity is both the liable “person” and the
“enterprise” under § 1962(c).
(n) If the complaint alleges a violation of 18 U.S.C. § 1962(d), describe the
detail of the alleged conspiracy.
(o) Describe the alleged injury to business or property.
(p) Describe the direct causal relationship between the alleged injury and
the violation of the RICO statute.
(q) List the damages sustained by reason of the violation of § 1962,
indicating the amount for which each defendant is allegedly liable.
(r) List all other federal causes of action, if any, and provide the relevant
statute numbers.
(s) List all pendent state claims, if any.
(t) Provide any additional information that you feel would be helpful to the
Court in processing your RICO claims.

5

LR 3.2

(u) If you cannot presently provide certain information requested above due
to lack of discovery, set forth with specificity:
(1) the fact(s) presently unknown but which you expect to be able to
prove;
(2) the nature of discovery you plan to undertake to develop such
facts;
(3) of whom you intend to take discovery; and
(4) when you intend to commence and/or complete such discovery.
The Clerk shall refer all newly filed actions which contain a RICO claim to
the assigned judge for review as soon as practicable after commencement of the
action.

6

LR 3.2

LR 4.1
SERVICE OF PROCESS
The United States Marshal's office will no longer serve civil process except
on behalf of the United States or pursuant to a specific Order of the Court. It shall
be the responsibility of counsel, or that of individual litigants acting without
counsel, to cause proof of service of summons to be filed with the Clerk promptly
after service has been accomplished.
Counsel should become familiar with the waiver of service provisions of
FED. R. CIV. P. 4(d).

7

LR 4.1

LR 5.1
SERVICE AND FILING OF PLEADINGS AND DOCUMENTS
The Court will accept for filing documents submitted, signed or verified by
electronic means that comply with Administrative Procedures for Electronic Case
Filing established by the Court.
The “Notice of Electronic Filing” that is automatically generated by the
Court’s Electronic Filing System constitutes service of the filed document on
filing users. Parties who are not filing users must be served with a paper copy of
any pleading or other document filed electronically in accordance with the
Federal Rules and the Local Rules of this Court.
(a) Service on Judge
The Court’s electronic filing system provides automatic notice of all filings
to the judge. For documents, including exhibits, over 100 pages in length, a
courtesy paper copy for the judge must be filed with the Clerk. The courtesy
paper copy shall be clearly marked, “Judge’s Courtesy Copy of Electronic
Filing,” and must be three-hole punched and tabbed (if applicable).
(b) Proof of Service
There shall be attached to each document, pleading or notice required to be
served upon opposing counsel or parties, an affidavit evidencing the service of
the document, pleading or notice. Proof of service is still required when a party
files a document, pleading or notice electronically. The affidavit must state that
service was accomplished through the Notice of Electronic Filing for parties and
counsel who are filing users and indicating how service was accomplished on any
party or counsel who is not an electronic filing user. Sample language is included
in the Court’s Administrative Procedures for Electronic Case Filing. Such an
affidavit, other than the affidavit of service of the summons and complaint, shall
only be filed as an attachment to the document, pleading or notice being filed.
The affidavit(s) of service of summons and complaint shall be separately filed.
The affidavit of service, attached to document or pleading, may be by an
affidavit-of-service stamp attached to a document or pleading or by way of a
written affidavit attached to the document or pleading being filed.

8

LR 5.1

(c) Document Facsimile Filing
Unless otherwise authorized by the Court, effective November 13, 2004,
document facsimiles will no longer be accepted for filing by the Clerk. Pleadings
and documents can be electronically filed. Counsel should become familiar with
the Court’s Administrative Procedures for Electronic Case Filing. The procedures are available at the Clerk’s Office or on the Court’s website,
www.waed.uscourts.gov.

9

LR 5.1

LR 7.1
MOTION PRACTICE
(a)

Motions
(1) All motions, unless made during a hearing or trial, shall be in writing
and be filed within the time period set by the Local Rules or order of the Court, and
sufficiently in advance of trial to avoid any trial delay.
(2) The moving party shall file and serve a motion and any supporting
materials. The motion serves as the memorandum and must set forth supporting factual
assertions and legal authority. The motion also serves as the notice of hearing as
prescribed in LR 7.1(h).
(3) A “dispositive motion” is a motion requesting: summary judgment,
judgment on the pleadings, dismissal, permanent injunctive relief; or to suppress evidence
in a criminal case.
(Note: Summary Judgment is also discussed in LR 56.1.)
(b)

Responsive Memorandum
(1) The response memorandum (“response”) must set forth supporting
factual assertions and legal authority. The time periods set forth in this section include
the additional 3-day period allowed under Fed. R. Civ. P. 6(d) and Fed. R. Crim. P. 45(c)
and, therefore, apply regardless of the method of service.
(2) Deadline in civil cases: Unless the court orders otherwise, the response
shall be filed by:
(A) a pro se litigant: within 1) 21 days after the mailing of the
nondispositive motion as noted on the certificate of mailing, or 2) 30 days
after the mailing of the dispositive motion as noted on the certificate of
mailing. If the litigant is registered for Electronic Case Filing (ECF), the
filing of the motion shall start the applicable time period; and
(B) counsel: within 1) 14 days after the filing of a nondispositive motion,
or 2) 21 days after the filing of a dispositive motion.
(3) Deadline in criminal cases: The response shall be filed within 7 days
after the filing of the motion.
(c)

Reply Memorandum
(1) The moving party may file a reply memorandum (“reply”). The time
periods set forth in this section include the additional 3-day period allowed under Fed. R.
Civ. P. 6(d) and Fed. R. Crim. P. 45(c) and, therefore, apply regardless of the method of
service.
(2) Deadline in civil cases: Unless the court orders otherwise, any reply
shall be filed by:

10

LR 7.1 amended 2-1-2013

(A) a pro se litigant: within 21 days after the date the response was 1)
mailed as noted on the certificate of mailing, or 2) filed, if the litigant is
registered for Electronic Case Filing (ECF); and
(B) counsel: within 1) 7 days after the filing of the response to a nondispositive motion or 2) 14 days after the filing of the response to a
dispositive motion.
(3) Deadline in criminal cases: Any reply shall be filed within 7 days after
the filing of the response.
(d)
Failure to Comply with the Rules of Motion Practice
The failure to comply with the requirements of LR 7.1(a) or (b) may be deemed
consent to the entry of an Order adverse to the party who violates these rules.
(e)

Length of Memoranda
(1) Dispositive motions: A motion or response relating to a dispositive
motion shall not exceed 20 pages. The reply relating to a dispositive motion shall not
exceed 10 pages.
(2) Nondispositive motions: Memoranda relating to a nondispositive
motion shall not exceed 10 pages.
(3) For the purpose of calculating pages the following are excluded: the
name, mailing address and telephone number of the attorney or firm submitting the
pleading, the case caption, table of contents, signatures, certificates of service, copies of
decisions required by LR 7.1(f), LR 56.1 Statements of Material Fact, and exhibits.
(4) These page limits may only be exceeded by obtaining prior approval of
the Court. A motion to exceed page limits must demonstrate good cause.
(f)

Citation of Authorities
(1) Citations to cases in briefs shall include volume, page, district, court or
circuit, and year as follows:
State cases: cite official State reports, regional reporters, or if not yet
published therein, a publicly accessible electronic database.
Federal cases: For decisions of the United States Supreme Court, cite either
the United States Reports or Supreme Court Reporter, or if not yet published therein, a
publicly accessible electronic database. For all other federal cases, cite Federal Reporter,
Federal Supplement, Federal Rules Decisions, Bankruptcy Reporter, or a publicly
accessible electronic database.
(2) Unpublished decisions may be cited when relevant under the doctrines
of law of the case, res judicata, collateral estoppel, and for factual or persuasive, but not
binding, precedential value.
(3) Photocopies of unpublished cases which are not available on a publicly
accessible electronic database shall be filed as an attachment.

11

LR 7.1 amended 2-1-2013

(g)
Factual Assertions
Factual assertions contained in memoranda must be supported by evidence, such
as a declaration, affidavit, or discovery response.
(h)

Hearing on Motions
(1) Hearing: Any party filing a motion shall insert the date, time, and place
(or phone number if by telephone) for the hearing in the motion’s caption.
(sample caption - motion with telephonic oral argument)

(sample caption - motion without oral argument)

(2) Time Requirements:
(A) Nondispositive motions: the date of the hearing must be at least 30 days
after the motion’s filing.
(B) Dispositive motions: the date of the hearing must be at least 50 days
after the motion’s filing.
(C) These time requirements may only be altered by the Court. To seek an
expedited hearing on a time sensitive matter, the moving party must file a
motion to expedite which: 1) demonstrates good cause; 2) states the
position of the opposing pro se party or counsel; and 3) sets a date of
hearing that is not less than 7 days after the motion's filing. Should the
motion to expedite require more immediate judicial attention, the motion
12

LR 7.1 amended 2-1-2013

shall establish the necessity for an immediate hearing and the filing party
shall notify chambers staff of the motion.
(3) Obtaining a Hearing Date, Time, and Place:
(A) Without oral argument: A motion to be heard without oral argument
can be set on any weekday on or after the date calculated in LR 7.1(h)(2).
(See ECF Administrative Procedures re time/place for motions without oral
argument.)
(B) With oral argument:
(i) To obtain an oral argument hearing date (on or after the date
calculated in LR 7.1(h)(2)), time, and place, the pro se party or
counsel shall 1) contact the opposing party or counsel to develop a
list of mutually-agreeable hearing dates, times, and places, and then
(ii) contact the presiding judge’s courtroom deputy to determine an
available hearing date, time, and place. Telephonic argument may
be requested, but the pro se party or counsel should consult the
presiding judge’s courtroom deputy to determine the telephonic
argument policy.
(iii) If the moving party does not elect oral argument, the opposing
party may elect oral argument by inserting the obtained hearing date,
time, and place in the response’s caption (with a notation that the
previously-without-oral-argument hearing is now with oral
argument).
(iv) Notwithstanding the foregoing procedure, the Court may decide
that oral argument is not warranted and proceed to determine any
motion without oral argument.
(v) Unless specially ordered, not more than fifteen (15) minutes shall
be allowed for each party for oral argument on any motion.
(C) If oral argument is not elected, oral argument is waived absent a motion
and good cause shown.
(i) Status of Pending Motions
If the parties have not received an Order within 30 days after the motion has been
heard, the parties may contact the courtroom deputy to inquire as to the status.

13

LR 7.1 amended 2-1-2013

LR 9.1
STANDARD FORMS FOR
HABEAS CORPUS PETITIONS AND MOTIONS
Petitions for habeas corpus shall be on forms furnished by the Clerk.
Pursuant to agreement between the Western and Eastern Districts of Washington,
all cases in which habeas corpus relief challenging a conviction or sentence is
sought shall be processed in the district where the conviction took place
regardless of where the prisoner is incarcerated.

14

LR 9.1

LR 9.2
ADMIRALTY RULES
The Admiralty Rules heretofore adopted and promulgated by the United
States District Court for the Western District of Washington, and all additions
thereto and amendments thereof, are hereby by reference adopted as and shall
hereafter be the Admiralty Rules of the Eastern District of Washington. The Clerk
of the United States District Court for the Eastern District of Washington is
directed to maintain at all times three copies or more of the latest edition of such
Admiralty Rules for reference of attorneys in this district. If by their terms they
are clearly inapplicable, they will be supplemented by subsections of this rule
and/or orders of this Court.
(a) Publication of Notices
Publication of notices shall be once a week for three consecutive weeks in
a newspaper of general circulation in the district where the property is seized or
located.

15

LR 9.2

LR 10.1
GENERAL FORMAT OF DOCUMENTS
PRESENTED FOR FILING
(a) All documents presented for filing shall be in English and prepared
letter size (8½" x 11"). Without prior approval of the Court, all attachments shall
also be no larger than 8 ½" x 11" letter size.
(1) Pre-punching: all paper documents presented for filing shall be
pre-punched with two normal-size holes (approximately ¼" diameter), centered
2¾" apart, ½" to ⅝" from the top edge of the document. For documents,
including exhibits, over 100 pages in length, a courtesy paper copy for the judge
must be filed with the Clerk. The courtesy copy shall be clearly marked, “Judge’s
Courtesy Copy of Electronic Filing,” and must be three-hole punched and tabbed
(if applicable).
(2) All papers submitted must be of good quality on which line
numbers appear at the left margin. The material thereon shall be on one side of
the paper only and typed, printed or prepared by a clearly legible duplicating
process, and shall be double-spaced. Quoted material may be single-spaced,
however footnotes shall be double-spaced. All typed and printed matter must
appear in either a proportionately spaced typeface of 14 points or more or a
monospaced typeface of no more than 10.5 characters per inch. A proportionately
spaced typeface has characters with different widths. A monospaced typeface has
characters with the same advanced width. Text shall be in roman (upright letters),
non-script type. No pleading, document, or brief may have an average of more
than 280 words per page, including footnotes and quotations. The word count
does not include addenda containing statutes, rules, regulations, etc.
(3) On the first page of each pleading or similar document the title of
the Court shall appear on or below the fifth line. All pleadings shall be signed as
required by FED. R. CIV. P. 11. An electronically filed pleading or other
document requiring an attorney’s signature shall be signed in the following
manner: “s/(attorney name).” Names shall be typed underneath all signature
lines.
(4) Citations to documents in the record, including declarations,
exhibits, and any documents previously filed, shall include a citation to the
electronic case filing (ECF) record number and the page number within that ECF
record, and shall be in the following format, “ECF No.
at .” (Example:
ECF No. 24 at 2.)

16

LR 10.1

(b) In the space to the right of the center of the first page, opposite the
caption of the case, there shall be placed:
(1) the case number;
(2) the nature of the document, such as complaint, answer, motion,
order, affidavit, and so forth; and the name and status of the party on whose
behalf the document is filed;
(3) the words “Class Action” when class action relief is requested;
(4) the words “Demand for Jury Trial” or its equivalent when a party
demands a jury.
(c) The first page of each pleading or other paper (except instructions) shall
contain the name, mailing address and telephone number of the attorney or firm
submitting the paper on the left side above line five.
(d) At the left side of the bottom of each paper of all papers (other than
instructions) an abbreviated name of the paper should be repeated, followed by
the page number.
(e) All documents, including any exhibits, shall be sequentially paginated
in their entirety, with the page number appearing at the bottom of each page.
(f) On a written motion or stipulation, the form of proposed order granting
the motion or approving the stipulation shall be submitted separately.
(g) Any document requiring the signature of the Court shall provide as
follows:
“Dated this

day of

, 20 .

_____________________________
United States District Judge”
and the signature page shall include a portion of the text of the document.
(h) Every civil complaint shall be accompanied by a Civil Cover Sheet
(JS-44); and shall also be accompanied by a form of summons prepared by
counsel for issuance by the Clerk with sufficient copies for service. These forms
may be obtained from the office of the Clerk or on the Court’s web site at
www.waed.uscourts.gov.

17

LR 10.1

(i) Prisoner Civil Rights Actions
Actions by inmates of a penal or treatment institution seeking relief
for alleged violations of civil rights shall be on a form of complaint which will
be furnished by the Clerk.

18

LR 10.1

LR 16.1
PRETRIAL PROCEDURE
Unless otherwise ordered by the Court in a particular case, the following
shall be the pretrial procedure in civil cases:
(a) Court’s Scheduling Conference
Not later than 90 days after an action is commenced, the Clerk will send
each attorney of record a Notice of Court’s Scheduling Conference setting forth
a time at which such conference will be held. Thereafter, the attorneys for the
parties shall promptly confer with one another and discuss all matters referenced
in the Notice and in FED. R. CIV. P. 16(c) and 26(f), and file written reports,
jointly or separately, setting forth the results of the attorney conference. The
written report, including the discovery plan, shall be filed within 14 days after the
attorney conference, but no later than 14 days before the Court’s scheduling
conference.
(b) Pretrial Order
At least 14 days before the scheduled final pretrial conference (FED. R. CIV.
P. 16(d)), all counsel and pro se parties shall confer in a good faith attempt to
formulate a pretrial order (FED. R. CIV. P. 16(e)), to be filed as a stipulated order
no later than 7 days before the conference. The Court may cancel a conference
for which a stipulated order has been filed.
Should the parties fail to agree on a pretrial order, each shall prepare a
proposed pretrial order, to be served and submitted to the Clerk no later than 7
days before the conference.
Title of Court and Cause No.
PRETRIAL ORDER
A pretrial conference was held in the above entitled cause at
, Washington on
, 20
with Judge
presiding.
Plaintiff was represented by
and defendant by
their
respective attorneys of record. The following pretrial order has been formulated and settled as follows:

19

LR 16.1

NATURE OF PROCEEDINGS AND
STATEMENT OF JURISDICTION
(insert statement)
The following facts are agreed upon by the parties and require no proof:
1.
2.
etc.
PLAINTIFF'S CONTENTIONS
Plaintiff's contentions as to disputed issues are:

1.
2.
etc.
DEFENDANT'S CONTENTIONS
Defendant's contentions as to disputed issues are:
1.
2.
etc.
ISSUES OF FACT
The following are the issues of fact to be determined by trial:
1.
2.
etc.
ISSUES OF LAW
The following are the issues of law to be determined by the Court:
1.
2.
etc.

20

LR 16.1

EXHIBITS
The following exhibits may be received in evidence, if otherwise admissible, without further
authentication, it being admitted that each is what it purports to be:
Plaintiff's Exhibits:
1.
2.
etc.
Defendant's Exhibits:
1.
2.
etc.
The following plaintiff's exhibits are objected to by defendant:
1.
2.
etc.
The following defendant's exhibits are objected to by plaintiff:
1.
2.
etc.
Other than for impeachment purposes, the only exhibits admitted at trial will be exhibits
identified herein or on a supplemental list filed at least 14 days before trial, or at such earlier date as
may have been set by the court, which supplemental list shall bear counsel's certificate that opposing
counsel has had an opportunity to examine the exhibits.
Objections to exhibits, except as to relevancy, must be heard prior to trial.
WITNESSES
The following witnesses may be called by plaintiff (If expert, give field of expertise):
1.
2.
etc.

21

LR 16.1

The following witnesses may be called by defendant (If expert, give field of expertise):
1.
2.
etc.
Other than for rebuttal purposes, no witnesses may be called unless listed above.
RELIEF SOUGHT
(INSERT)
TRIAL
The parties estimate

days trial time. The parties stipulate and agree that (check appropriate

box):
An alternate juror is recommended.
If a juror is excused during trial for good cause the parties stipulate to a verdict by five
jurors.
No stipulation reached as to above.
Unless otherwise specified in a scheduling order, proposed instructions and trial memoranda
shall be filed and served at least 7 days prior to commencement of trial.
ACTION BY THE COURT
The Court has ruled that (any ruling that may have been made by the Court)
1.
2.
etc.
It is hereby ORDERED that the foregoing constitutes the pretrial order in the case and that upon
the filing hereof all pleadings pass out of the case and are superseded by this Order. This Order may be
amended by consent of the parties and approval by the Court or by the Court to prevent manifest
injustice.
DATED THIS

day of

, 20
______________________
United States District Judge

22

LR 16.1

LR 16.2
ALTERNATIVE DISPUTE RESOLUTION
(a) Preliminary
Through the passage of the “Alternative Dispute Resolution Act of 1998”,
28 U.S.C. §§ 651, et seq., Congress has encouraged federal courts to review and
strengthen their alternative dispute resolution (ADR) programs. Such programs
may provide greater satisfaction to the parties, provide innovative methods of
resolving disputes and increase efficiency in achieving settlements of civil cases.
Moreover, the adoption of Congressional requirements for the priority scheduling
of criminal trials have placed substantially greater pressure on litigants, counsel
and the Court.
The parties in civil actions shall consider ADR (see FED. R. CIV. P
16(c)(2)(I)) and be prepared to discuss it at the time of the first scheduling
conference with the presiding judge.
(b) Settlement Negotiations
The Court encourages the attorneys for all parties to the action, except
nominal parties, to meet at least once and engage in a good faith attempt to
negotiate a settlement of the action.
(c) Court Annexed Program of Mediation
In selected cases, the presiding Judge may refer matters for mediation to a
magistrate judge, a district judge, or a bankruptcy judge designated by the
presiding judge in his or her sole discretion. Matters referred shall be governed
by the directives in the assigned judge’s scheduling order or standing order
regarding mediation. “Mediation” is a process whereby an impartial third party
(the mediator) facilitates communication between negotiating parties attempting
to reach an agreed settlement of their dispute. When appropriate the mediator
may also offer an evaluation of the case and/or recommend a settlement.
Whether a settlement results from mediation is within the sole control of the
parties.
(d) Participation and Preparation by Counsel
The attorney who is primarily responsible for each party’s case shall
personally attend the mediation conference and any adjourned sessions of that
conference. The attorney for each party shall come prepared to discuss the
following matters in detail and in good faith:
(1) All liability issues;
23

LR 16.2 amended 12-7-2015

(2) All damages issues; and
(3) The position of his/her client relative to settlement.
(e) In Person Attendance
Attendance by a party and its representative with full settlement authority
at the mediation is mandatory, unless the mediator permits otherwise.
(f) Failure to Attend
Willful failure to attend the mediation conference, unless excused by the
mediator, shall be reported to the presiding judge by the mediator and may result
in the imposition of sanctions.
(g) Third Party Neutrals As Mediators
The judges of the district shall establish and maintain a register of
qualified attorneys who have volunteered to serve, without compensation, as
mediators in civil cases. Under appropriate circumstances, it may be necessary
for the parties to provide payment at usual and customary rates as determined by
the Court, for the services of an attorney designated under this rule.
The presiding judge shall select, in his or her sole discretion, those
attorneys deemed appropriate to serve as a neutral under this local rule. All
attorneys serving as neutrals under this local rule are deemed to be performing
quasi-judicial functions and are entitled to the immunities and protections that the
law accords to persons serving in such capacity.
(h) Parties Retain Option to Pursue Settlement
Nothing in this rule shall prohibit parties from pursuing settlement by any
other means not contrary to statute or court rule.

24

LR 16.2 amended 12-7-2015

LR 17.1
CLAIMS OF MINORS AND INCOMPETENTS
AND DISPOSITION OF FUNDS
(a) Representation
At the time of the commencement of any action involving a beneficial
interest or claim of a minor or incompetent, the plaintiff shall petition the Court
and obtain appointment by the Court of an independent guardian ad litem to
represent the interest of the ward. The guardian ad litem shall be an attorney
admitted to practice before this Court. The guardian ad litem shall be independently appointed by the Court. At the time of the commencement of the action,
counsel for the plaintiff shall submit to the Court a list of not less than three
attorneys and their qualifications, who are willing to serve as guardian ad litem.
Upon a showing of good cause, the Court may dispense with the appointment of
a guardian ad litem.
(b) Procedure for Settlement or Compromise
Counsel for the minor/incompetent shall consult with the guardian ad litem
prior to proposing or responding to any settlement offer. No claims of a ward
shall be settled or compromised without the prior approval of the Court. Prior to
the presentment to the court of any proposed settlement, the guardian ad litem
shall independently investigate the proposed settlement, and shall file a written
report with the court as to its adequacy, including an analysis of costs and fees.
(c) Hearing and Calculation of Fee
At the time the petition for approval of the settlement is heard, the
allowance and taxation of all fees, costs, and other charges incident to the
settlement of the minor's claim shall be considered and disposed of by the Court
in its discretion.
In the case of a structured settlement or annuity, the fee shall be based on
the actual cost of the annuity, the cost of which may be disclosed in camera upon
request.
(d) Deposit in Court and Disbursements
If approved by the Court, funds recovered for the benefit of a minor or
incompetent person shall be invested or disbursed in such a manner as the Court
deems proper for the best interests of the minor or incompetent person. Unless
otherwise ordered all funds recovered on behalf of a minor or incompetent, either

25

LR 17.1 amended 3-23-2015

through settlement or judgment, shall be paid into the registry of the Court.
Payment out of such funds for attorney's fees, costs or other allowable expenses
shall be paid only upon approval of the Court.
(e) Control of Remaining Funds
(1) $50,000 or Less. If the money or the value of other property
remaining is $50,000 or less and there is no general guardian of the ward, the
Court shall require that (A) the money be deposited in a bank or trust company
or be invested in an account in an insured financial institution for the benefit of
the ward subject to withdrawal only upon the order of the Court as part of the
original proceeding, or (B) a general guardian be appointed and the money or
other property be paid or delivered to such guardian.
(2) Over $50,000. If the money or the value of other property
remaining exceeds $50,000, and there is no general guardian of the ward, the
Court in the order or judgment shall require that a general guardian be appointed
by a court of competent jurisdiction.
(f) Deposit of Minor's Funds
Checks for funds for the benefit of a minor may be made out by the Clerk
jointly to the depositary bank, trust company, or insured financial institution and
the independent attorney for the minor, guardian ad litem or general guardian and
deposit shall be made in a blocked account for the minor with provision that
withdrawals cannot be made without court order. A deposit receipt to that effect
must forthwith be filed with the Court by the attorney or guardian.

26

LR 17.1 amended 3-23-2015

LR 23.1
CERTIFICATION OF CLASS ACTION
FED. R. CIV. P. 23(c)(1)(A) requires that if a matter is to be pursued as a
class action, that determination shall be made by the court “at an early practicable
time.”
In order that the court may set an appropriate cut-off date for the filing of
a motion for class certification, the parties shall include a suggested cut-off date
in their FED. R. CIV. P. 26(f) report to the court and/or in any Scheduling Report
filed with the court prior to the FED. R. CIV. P. 16 Scheduling Conference.

27

LR 23.1

LR 24.1
CONSTITUTIONAL CHALLENGE TO A STATUTE –
NOTICE, CERTIFICATION, AND INTERVENTION
See FED.R.CIV.P. 5.1.

28

LR 24.1

LR 26.1
ATTORNEY CONFERENCE;
FORMATION OF DISCOVERY PLAN
The formulation of a discovery plan as required by FED. R. CIV. P. 26(f)
shall be accomplished and submitted to the Court within 14 days after the
attorney conference, but no later than 14 days before the Court’s scheduling
conference (LR 16.1(a)). The agreed discovery plan shall be included in the
attorney report filed with the Court. No other discovery materials, including
interrogatories, requests for production, requests for admission, depositions, and
FED. R. CIV. P. 26(a)(1) initial disclosure statements, shall be filed until they are
used in the proceeding or the court orders filing. Those portions of discovery
necessary to the disposition of motions shall be appended to the relevant filing.
The initiating party shall have the responsibility for maintaining discovery
material and making it available as may be required during proceedings.

29

LR 26.1

LR 30.1
DEPOSITIONS
See FED. R. CIV. P. 30(a)(2).

30

LR 30.1

LR 32.1
USE OF DEPOSITIONS AT TRIAL
Depositions shall not be filed. It will be the deposing party's responsibility
to maintain the original and to make it available as may be required for
proceedings.
Depositions which a party intends to use at trial in lieu of calling the
witness must be purged of all repetitious and irrelevant questions and answers,
all objections which have been abandoned, and irrelevant colloquy between the
attorneys. Purging shall be accomplished by designating the page and line
numbers of material proposed to be used. This may be accomplished by the use
of a high-lighting marker. A copy of the depositions so purged, or designations
thereof, shall be served upon the opposing party no later than 14 days before the
pretrial conference. Objections and counter-designations by the opposing party
shall be served no later than 7 days before the pretrial conference. Objections
shall be submitted to the Court for resolution at the pretrial conference and
depositions shall be purged in accordance with the court's ruling. This subsection
shall not apply to depositions used to refresh recollection, as an admission against
interest, or for impeachment.
(a) Use of Videotape Depositions. Any deposition to be taken upon oral
deposition may be recorded by videotape. Except as otherwise provided by this
rule, all other rules governing the practice and procedure in depositions and
discovery shall apply.
(b) Subpoena and Notices of Videotape
Depositions
Every notice or subpoena for the taking of videotape deposition shall state
that it is to be videotaped, the name and address of the person before whom it is
to be taken, and the name and address of the videotape operator and of his
employer. The operator may be an employee of the attorney taking the deposition.
(c) Transcript of Videotape Deposition
A stenographic transcript of the video deposition shall not be required,
unless, upon motion of any party, or sua sponte, the court so directs, and
apportions the cost of same among the parties as appropriate. Any party may elect
to provide a transcript at his expense, in which event copies shall be made
available to all other counsel at cost.

31

LR 32.1

(d) Videotaping Deposition Procedure
In addition to the requirements set forth in FED. R. CIV. P. 30(b)(5)(A), the
officer must begin the deposition with an on-the-record statement that includes
1) the caption of the case and 2) the party on whose behalf the deposition is being
taken. After these preliminary requirements, the officer shall swear the witness
on camera. If more than one tape is used to record the deposition, the officer shall
make an on-camera announcement for the end of each tape and the beginning of
each subsequent tape.
(e) Timing
The deposition shall be timed by a digital clock on camera which shall show
continually each hour, minute and second of each tape of the deposition.
(f) No Signature
No signature of the witness to a videotaped deposition will be required.
(g) Custody and Copies. The attorney for the party taking the deposition
shall take custody of and be responsible for safeguarding of the videotape and
shall permit the viewing of and shall provide a copy of the videotape or the audio
portion thereof upon the request and at the cost of a party.
(h) Use
A videotape deposition may be used to the same extent and in the same
manner as an oral deposition under FED. R. CIV. P. 32.

32

LR 32.1

LR 33.1
INTERROGATORIES TO PARTIES
(a) Filing
Interrogatories shall not be filed. It shall be the responsibility of the
initiating party to maintain the original, together with answers, and to make them
available as may be required during proceedings.
(b) Limitation
See FED.R.CIV.P. 33(a)(1).
(c) Procedure
(1) Form. The interrogatories shall be so arranged that after each
separate question shall appear a blank space reasonably calculated to enable the
answering party to have the answer typed in the space. The answering party shall
verify his answers to said interrogatories immediately following his answer to the
last interrogatory so propounded.
(2) Service. A party submitting the interrogatories shall serve and
leave with the person to whom the interrogatories are directed the original
thereof. Proof of service is governed by LR 5.1(b).
(3) Answers to Interrogatories. The party to whom
interrogatories are directed shall answer each interrogatory within the space so
provided or use additional pages, if necessary, or shall answer the
interrogatories by preparing a separate document which contains both the
interrogatories and the answers or responses thereto, and thereafter shall serve
the original thereof upon the party propounding the interrogatories.
(4) Objections to Interrogatories. A party objecting to
written interrogatories shall set forth each interrogatory objected to followed
by his objection and the reasons for it.

33

LR 33.1

LR 34.1
REQUESTS FOR PRODUCTION
(a) Requests for production and material submitted in response thereto shall
not be filed. The initiating party shall have responsibility for maintaining the
original and making them available as may be required during proceedings.
(b) Requests for production may be propounded together with interrogatories, and in such event shall not be counted against the limitation on the number
of interrogatories which may be propounded.

34

LR 34.1

LR 36.1
REQUESTS FOR ADMISSION
(a) Requests for admission shall not be filed.
(b) Requests for admission shall not be combined in the same document
with any other form of discovery. The number of requests for admission which
may be directed to any one party by any adverse party shall be fifteen, including
subparts. The genuineness of multiple documents may be included in one request.
The limitation in this rule may be modified by the Court for good cause shown.

35

LR 36.1

LR 37.1
DISCOVERY MOTIONS
(a) Form
Motions to compel answers to interrogatories or questions, or to determine
the sufficiency of answers to either, and all objections to requests for admissions
shall identify and quote in full each interrogatory or question and the answer, if
any, or the admission sought to be obtained. Motions for production and motions
for protective orders must set forth, without reference to other pleadings or
documents, the objects sought to be produced.
(b) Obligation to Confer
A motion made pursuant to FED. R. CIV. P. 26 to 37 inclusive or FED. R.
CIV. P. 45 will not be heard unless the parties have conferred and attempted to
resolve their differences. At least 14 days before the date of the hearing, the
parties shall file a statement setting forth the matters on which they have been
unable to agree.
(c) Time for Compliance
The party against whom an order to compel has been entered shall comply
with the order within 14 days after receiving notice of the Court order, unless the
period is extended or reduced by Court order.
(d) The parties are reminded that FED. R. CIV. P. 37(a)(5) mandates the
award of costs and attorney fees for inappropriate discovery practices.
(e) Expedited Hearing
Notwithstanding the provisions of this rule, expedited argument, which may
be telephonic, is encouraged to resolve discovery matters which are not
excessively complex or broad. The Court may dispense with formal motion
practice and may require or allow expedited argument either on its own motion
or upon application of any party.

36

LR 37.1

(f) Appointment of Special Master
Where anticipated discovery is unusually complex, or where it appears that
disputes over matters relating to discovery will be numerous, the Court may
appoint a special master pursuant to FED. R. CIV. P. 53. The fees and costs of the
master shall be borne by the parties in such amount and proportion as may be
determined by the Court.

37

LR 37.1

LR 38.1
JURY DEMAND
Federal practice sets forth stringent time requirements for submitting a jury
demand. Counsel shall comply with FED. R. CIV. P. 38 and FED. R. CIV. P. 81.
There is no fee for jury demand.

38

LR 38.1

LR 39.1
TRIAL BRIEFS
Trial briefs shall not exceed 20 pages without prior approval of the Court.

39

LR 39.1

LR 40.1
PRIORITIES OF CASES
The trial calendar shall be arranged in the following order of precedence:
(1) Criminal cases;
(2) Civil cases with statutory precedence;
(3) All other civil cases.

40

LR 40.1

LR 40.2
CALENDAR OF CASES
Setting and Notice
Cases shall be set on the trial calendar by the Court.

41

LR 40.2

LR 41.1
DISMISSAL OF ACTIONS
(a) By Plaintiff—Voluntary
In case of dismissal by filing notice pursuant to FED. R. CIV. P. 41(a)(1),
such notice shall contain a statement that no answer, counterclaim, or motion for
summary judgment has been served, and shall be signed by the plaintiff or
plaintiff's attorney.
(b) For Lack of Prosecution
In any civil case in which no action of record has been taken by the parties
for the preceding one year the Court or a party shall note the case for dismissal
and give thirty (30) days' notice to counsel of record. If no action of record is
taken in the meantime, and no satisfactory explanation of non-action is submitted,
an order of dismissal without prejudice will be entered by the Court on the date
the case is noted for hearing.

42

LR 41.1

LR 43.1
EXAMINATION OF WITNESSES
(a) Conduct of Trial
(1) On the trial of an issue of fact, only one attorney on either side
shall examine or cross-examine any witness, except with the permission of the
Court.
(2) It is the right and duty of an attorney to be present in the
courtroom at all times the court may be in session. If an attorney is voluntarily
absent during a court session, he waives his right to be present and consents to
proceedings which take place in the courtroom during his absence.
(3) A party shall not be permitted to call more than two (2) expert
witnesses on any issue, except with the permission of the Court.
(b) Courtroom Decorum
Counsel should be familiar with the guidelines set forth in LR 83.1.

43

LR 43.1

LR 44.1.1
FOREIGN LAW
A party who intends to rely on law other than federal law or Washington
State law shall give notice of such law and jurisdiction in the pleadings. Upon a
showing of good cause, the Court may allow notice at a later date if no prejudice
results.

44

LR 44.1.1

LR 47.1
SELECTION OF JURORS
AND JURY TRIALS
(a) Examination of Jurors
Examination of trial jurors shall be conducted by the Court. Counsel shall
submit to the Court any proposed voir dire questions at least 7 days prior to trial
or at such other time as the Court may direct.
(b) Number of Jurors and Method of Selection
In civil cases, the court shall seat not less than six and not more than twelve
jurors. The number of jurors to be selected shall be determined by the court. The
court shall advise the parties and counsel of the method of selection prior to the
commencement of jury selection. Each party shall be entitled to three peremptory
challenges or such number as the court determines in accordance with 28 U.S.C.
§ 1870. All selected jurors shall participate in the verdict, except for any juror(s)
excused by the court for good cause.
In criminal cases, the number of jurors, alternates, and peremptory
challenges shall be in accordance with FED. R. CRIM . P. 24. The court shall
advise the parties and counsel of the method of selection prior to the commencement of jury selection.
(c) Presence of Parties and Attorneys
If a party or an attorney is voluntarily absent while a jury is deliberating,
that party or attorney waives the right to be present and consents to proceedings
which take place in the courtroom during such absence, after the expiration of 20
minutes from the time the party or attorney has been notified or attempted to be
notified by telephone that his presence in the courtroom is required.
(d) Contacting Jurors
Counsel or the parties shall not contact or interview jurors or cause jurors
to be contacted or interviewed after trial without first having been granted leave
to do so by the Court.

45

LR 47.1

LR 51.1
JURY INSTRUCTIONS
(a) Giving Instructions Prior to Argument
It is the general policy of this Court to give the instructions to the jury after
the close of evidence and prior to argument. However, the court may give
instructions at anytime.
(b) Copy of Instructions for Jury Use
A written set of the Court's instructions may be given to the jury when they
retire to deliberate their verdict.
(c) Submission of Proposed Instructions
In jury cases, counsel for each party shall, at least 7 days prior to trial or
such other time as may be fixed by the Court, file proposed instructions with the
Clerk. The proposed instructions shall bear a cover sheet styled in the name and
number of the case and titled (PLTF/DEF) PROPOSED JURY INSTRUCTIONS.
Each proposed instruction shall be on a separate, plain, 8½" by 11" page and shall
be headed “Instruction No._ ”. The instruction shall be numbered, contain
supporting citations at the end of the instruction and shall not be identified as to
the proposed party. A copy of the proposed instructions must be emailed to the
assigned judge as an attachment. The attachment must be submitted as a “text”
only file per the Court’s Administrative Procedures for Electronic Case Filing for
proposed orders. Proposed instructions upon questions of law developed by the
evidence, which could not reasonably be anticipated, may be submitted at any
time before closing argument. Except as otherwise provided above, the failure to
submit proposed instructions in accord with this rule, or at such other time as the
Court may set by order in a given case, shall be deemed a waiver of the defaulting
party's right to propose instructions.

46

LR 51.1

LR 54.1
COST BILLS
(a) Verified Bill—Time for Serving
The party in whose favor a judgment is rendered, and who is entitled to
claim his/her costs, shall within 14 days after the entry of judgment, serve on the
attorney for the adverse party and file with the Clerk of the Court a verified bill
of costs on a form which will be furnished by the Clerk of the Court upon request.
Attached to the bill of costs shall be a statement of notice to the adverse party
specifying the date when such costs will be taxed, which shall not be less than 14
days from the date of service of the notice.
(b) Proof of Service
Proof or admission of service of the bill of costs and notice of taxation shall
be filed before the time of hearing.
(c) Objections to—How Made
On or before the date specified in the notice, the party objecting to any item
of costs contained in said bill of costs shall present the party’s objections in
writing, specifying each item to which objection is made, and the ground of the
objection, and file any affidavit or other evidence relied on to support his objections, which evidence may be rebutted by other evidence.
(d) Taxation of by Clerk
The Clerk shall thereupon proceed to tax the costs, and shall allow only
such items specified in the bill of costs as are properly chargeable as costs. The
Clerk may require and consider further affidavits as necessary to determine
allowable costs. The taxation of costs made by the Clerk shall be final unless
modified on appeal as hereinafter provided.
(e) Appeal from Decision of Clerk
An appeal from the decision of the Clerk in the taxation of costs may be
taken to the Judge, by either party, by filing a motion to retax which shall be filed
and served within 7 days after the costs have been taxed by the Clerk and which
shall specify the rulings of the Clerk to which the party objects. The motion to
retax shall be noted for hearing pursuant to LR 7.1(h)(1).

47

LR 54.1

(f) Rules of Taxation of Costs
(1) The fees of witnesses who testify shall be allowed, whether
their attendance was procured by subpoena or was voluntary.
Fees to witnesses who attend, but do not testify shall be
allowed only upon order of the Court. Actual and necessary
expense for travel, meals and housing or the allowance as
computed at government rates, whichever is less, may be
allowed.
(2) Stenographic fees for depositions may be allowed only when the
deposition is used at trial or hearing for substantive or, in the
Court’s discretion, for impeachment purposes. Only the cost
of the original deposition shall be taxed.
(3) All other costs shall be taxed in accordance with 28 U.S.C. §§
1920, 1921, 1923 and 1927.

48

LR 54.1

LR 54.2
JURY COST ASSESSMENT
Refer to Sanctions LR 83.3(i).

49

LR 54.2

LR 55.1
DEFAULTS
Under FED. R. CIV. P. 55, obtaining a default judgment in federal court is a
two-step process: (1) entry of default and (2) entry of default judgment. A party
must first file a motion for entry of default, obtain a Clerk’s Order of Default, and
then file a separate motion for default judgment.
(a) Motion for Entry of Default
Under federal practice the Clerk enters orders of default without action by
the Judge. Upon motion by a party and supported by affidavit, the Clerk shall
enter the default of any party against whom a judgment for affirmative relief is
sought but who has failed to plead or otherwise defend.
(1) Notice Required. Written notice of the intention to move for
entry of default must be provided to counsel, or if counsel is unknown, to the
party against whom default is sought. Such notice shall be given at least 14 days
prior to the filing of the motion for entry of default. If notice cannot be provided
because the identity of counsel or whereabouts of a party are unknown, the
moving party shall inform the Clerk in the affidavit.
(2) Affidavit Required. The moving party must show: (a) that
proper notice of the intention to seek an entry of default has been given; and (b)
that the party against whom default is sought was properly served with the
summons and complaint in a manner authorized by FED. R. CIV. P. 4.
(3) No Notice of Hearing Required. The Clerk will note the motion
for entry of default the day it is filed. No notice of hearing is to be filed.
(b) Motion for Entry of Judgment by Default
No motion for judgment by default shall be filed unless an order of default
has been entered by the Clerk.
(1) Affidavit Required. When a motion is made for a default
judgment, the motion shall be supported by an affidavit in compliance with Fed.
R. Civ. P. 55(b). The affidavit shall also:
a.
Specify whether the party against whom judgment is
sought is an infant or an incompetent person, and if so,
50

LR 55.1

b.
c.

d.

whether that person is represented by a general guardian, committee, conservator or other representative;
Attest that the Servicemembers Civil Relief Act of 2003
does not apply;
Attest that written notice of the motion has been served
on the defaulting party, if required by Fed. R. Civ. P.
55(b)(2); and
Attest that the costs sought to be taxed have been
incurred or will necessarily be incurred.

(2) Notice of Hearing. Motions for default judgment shall be noted
for hearing in accordance with LR 7.1(h)(1).
Notwithstanding the provisions of FED. R. CIV. P. 55(b)(l), the Clerk may
refer any application for entry of default judgment to the Court for review prior
to formal entry.

51

LR 55.1

LR 56.1
SUMMARY JUDGMENT
(a) Any party filing a motion for summary judgment shall set forth
separately from the memorandum of law, and in full, the specific facts relied upon
in support of the motion. The specific facts shall be set forth in serial fashion and
not in narrative form. As to each fact, the statement shall refer to the specific
portion of the record where the fact is found (i.e., affidavit, deposition, etc.). The
specific portions of the record relied upon shall be attached to the statement of
material facts.
(b) Any party opposing a motion for summary judgment must file with its
responsive memorandum a statement in the form prescribed in (a), setting forth
the specific facts which the opposing party asserts establishes a genuine issue of
material fact precluding summary judgment. Each fact must explicitly identify
any fact(s) asserted by the moving party which the opposing party disputes or
clarifies. (E.g.: “Defendant’s fact #1: Contrary to plaintiff’s fact #1, . . .”)
Following the fact and record citation, the opposing party may briefly describe
any evidentiary reason the moving party’s fact is disputed. (E.g.: “Defendant’s
supplemental objection to plaintiff’s fact #1: hearsay.”)
(c) The moving party may file with its reply memorandum, if any, a
statement in the form prescribed in (a), setting forth the specific facts which the
moving party asserts establishes the absence of genuine material fact disputes.
Each fact must explicitly identify any fact(s) asserted by the opposing party which
the moving party disputes or clarifies, although the moving party need not repeat
facts asserted in its initial statement of facts. (E.g.: “Plaintiff’s fact #1: Contrary
to defendant’s fact #1, . . .”) Following the fact and record citation, the moving
party may briefly describe any evidentiary reason the opposing party’s fact is
disputed. (E.g.: “Plaintiff’s supplemental objection to defendant’s fact #1: party
admission exception to hearsay.”)
(d) In determining any motion for summary judgment, the Court may
assume that the facts as claimed by the moving party are admitted to exist without
controversy except as and to the extent that such facts are controverted by the
record set forth in (b).

52

LR 56.1

(e) In any memorandum in support of or opposing a motion for summary
judgment, there shall be a citation to the specific portion(s) of the record
supporting a position of the party.
Dispositive motions are also discussed in LR 7.1, Motion Practice.

53

LR 56.1

LR 66.1
RECEIVERSHIPS
(a) Inventories
Unless the Court otherwise orders, a receiver or similar officer as soon as
practicable after his appointment, and not later than 21 days after he has taken
possession of the estate, shall file an inventory of all the property and assets in his
possession or in the possession of others who hold possession as his agents, and
in a separate schedule, an inventory of the property and assets of the estate not
reduced to possession by him but claimed and held by others.
(b) Reports
Within 6 months after the filing of the inventory, and at regular intervals of
6 months thereafter until discharged, or at such other times as the Court may
direct, the receivers or other similar officer shall file reports of his receipts and
expenditures and of his acts and transactions in an official capacity.
(c) Compensation of Receivers, Attorneys, and Others
The compensation of receivers or similar officers, of their counsel, and of
all those who may have been appointed by the Court to aid in the administration
of the estate, the conduct of its assets, the formation of reorganization plans, and
the like, shall be ascertained and awarded by the Court in its discretion. Such an
allowance shall be made only on such notice to creditors and other persons in
interest as the Court may direct. The notice shall state the amount claimed by each
applicant.
(d) Administration of Estates
In all other respects the receiver or similar officer shall administer the estate
as nearly as possible in accordance with the practice in the administration of
estates in bankruptcy, except as otherwise ordered by the Court.
(e) Receivership Action—How Dismissed
No action in which a receiver has been appointed shall be dismissed by any
party except by leave of Court and on such notice to other parties as the Court
may prescribe.

54

LR 66.1

LR 67.1
DEPOSIT IN COURT
Whenever it is admitted by the pleading of any party to an action, or is
admitted by such party on his/her examination, that he/she has in his/her
possession or under his/her control any money or other thing capable of delivery,
which is the subject of the litigation and is held by him/her as trustee for another
party to the cause, or which belongs to or is due to another party to the cause, the
Court may in its discretion upon motion made after due notice, order the same to
be deposited in court pending the determination of the litigation or to be delivered
to the party to whom it belongs or is due, subject to further order of the Court,
upon such conditions as may be just, including the release of the party who has it
in possession from all further liability with respect to it.
Whenever a party seeks a court order for money to be deposited by the clerk
in an interest-bearing account, the party shall also email the order to the Finance
Department at [e-mail]. The proposed order will be
reviewed for proper form and content and compliance with this rule prior to
signature by the judge for whom the order is prepared.
Any order obtained by a party or parties in an action that directs the clerk
to invest in an interest-bearing account or instrument funds deposited in the
registry of the court pursuant to 28 U.S.C. § 2041 shall include the following:
(a) The amount to be invested;
(b) The name of the depository approved by the Treasury of the United
States as a depository in which funds may be deposited;
(c) A designation of the type of account or instrument in which the funds
shall be invested;
(d) Wording which directs the clerk to deduct from the income earned on
the investment a fee, as set by the Director of the Administrative Office and
authorized by the Judicial Conference of the United States. The fee, as adopted
by local order, will be deducted when funds are withdrawn and distributed.
Unless the funds are deposited in a depository designated as above, the
funds deposited with the Clerk shall be placed in the United States Treasury,
which by statute earns no interest.
55

LR 67.1

LR 69.1
EXECUTION AND
SUPPLEMENTAL EXAMINATION OF
JUDGMENT DEBTORS
Supplemental proceedings shall generally be conducted without the
intervention of the Court, and the judgment creditor may use such discovery tools
or procedures as may be available under the Federal Rules of Civil Procedure, the
Washington State Rules of Civil Procedure, or the laws of the State of Washington. To the extent a judgment debtor, or any other person, fails to properly
respond to any discovery properly served under the applicable law or rule(s), the
judgment creditor may, after complying with CR 37(d), apply to a Magistrate
Judge for an order directing such debtor or other person to appear for examination.

56

LR 69.1

LR 72.1
MAGISTRATE JUDGES; PRETRIAL ORDERS
Refer to Non-Dispositive Pretrial Matters, LMR 3.

57

LR 72.1

LR 73.1
MAGISTRATE JUDGES; TRIAL BY CONSENT
AND APPEAL OPTIONS
Refer to Civil Trials Before Magistrate Judges by Consent of Parties 28
U.S.C. § 636(c), LMR 12.

58

LR 73.1

LR 77.1
SESSIONS OF COURT
(a) Sessions of Court
Regular sessions of Court shall be held in Spokane, Yakima or Richland,
as the Court shall determine.
(b) Photography, Televising, Broadcasting, Recording
Pursuant to the direction of the Judicial Conference of the United States, no
photographs may be taken and no recording or transmitting device, except those
used by authorized Court personnel, may be used in a courtroom or its environs
in connection with any judicial proceedings and the broadcasting of judicial
proceedings by radio, television or other means is prohibited.
As used herein “judicial proceeding” means: (1) any trial or hearing other
than a ceremonial occasion specifically exempted from those provisions by Court
order; (2) any proceeding before any United States District Judge, Bankruptcy
Judge or Magistrate Judge; (3) sessions of the Grand Jury; (4) any person
participating in a judicial proceeding, including petit and grand jurors. “Courtroom” of a United States District Court means the foyer, witness room, jury room,
chambers, and all space behind the doors containing the courtroom. “Courtroom”
of a United States judge means any place where a judicial proceeding is
conducted. The “environs” of the courtrooms of the United States District Court
for the Eastern District of Washington are defined as follows:
(1)

All areas in the portion of the Thomas S. Foley United States Courthouse at Spokane, Washington occupied by the United States District
Court including areas on the fifth, seventh, eighth and ninth floors of
the building or on the second and third floor of the United States Post
Office Building, Spokane, Washington.

(2)

All areas of the William O. Douglas Courthouse at Yakima, Washington occupied by the United States District Court.

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LR 77.1

(3)

All areas in the portion of the U.S. Courthouse and Federal Building
at Richland, Washington occupied by the United States District
Court including the mezzanine of the north wing of the building.

(4) All other locations within the district where the Court is in session.

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LR 77.1

LR 78.1
MOTION DAY
See LR 7.1(e).

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LR 78.1

LR 79.1
CUSTODY AND DISPOSITION
OF EXHIBITS, DEPOSITIONS AND SEALED DOCUMENTS
(a) After being admitted into evidence, exhibits of a documentary nature in
any case pending or tried in this Court, shall be placed in the custody of the Clerk,
unless otherwise ordered by the Court. All other exhibits, models and material
offered or admitted in evidence shall be retained in the custody of the attorney or
party producing the same at trial unless ordered by the Court.
1. At the conclusion of the trial or hearing, every exhibit marked for
identification or introduced in evidence, and all depositions and transcripts, shall
be returned to the party who produced them.
2. On request, a party or his attorney who has custody of any exhibits,
has the responsibility to produce any and all such exhibits to this Court or the
Court of Appeals; and shall grant the reasonable request of any party to examine
or reproduce such for use in the proceeding.
(b) All exhibits received in evidence in a criminal case that are in the nature
of narcotic drugs, legal or counterfeit money, firearms or contraband of any kind,
shall be retained by the United States Attorney or his designee pending
disposition of the case and for any appeal period thereafter.
(c) The Court, upon application, will order documentary exhibits retained
by the Clerk returned to the party to whom they belong, upon the filing of copies
thereof, approved by counsel for all parties concerned, in place of the originals.
(d) After final judgment and after the time for appeal and motion for new
trial has passed, or upon the filing of a stipulation waiving and abandoning the
right to appeal, and to a new trial, the Clerk is authorized, without further order
of the Court, to return all exhibits and depositions in civil, criminal and bankruptcy cases to the respective parties or their counsel.

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LR 79.1

(e) Sealed Paper Documents - Generally. Unless otherwise ordered by the
Court, any sealed paper document, paper, paper case file or tangible thing in any
action where final judgment or final disposition occurred in 2006 or thereafter,
will be subject to the custody and disposition processes according to (f) or (g),
below, as applicable.
(f) Sealed Documents Filed in Paper; Actions in which No Trial
Commenced. Unless otherwise ordered by the Court, any paper document,
paper, paper case file or tangible thing filed under seal in any action, for which
no trial commenced, shall be eligible for destruction no less than 23 years from
the date of entry of final judgment or final disposition. The seal will be vacated
without further action by the Court at the time of destruction.
(g) Sealed Documents Filed in Paper; Actions in which the Case
was Terminated During or After Trial. Unless otherwise ordered by the
Court, any paper document, paper, paper case file or tangible thing filed under
seal in any action, for which a trial commenced or in a case designated by the
Clerk for permanent retention, shall be unsealed without further action by the
Court 23 years from the date of entry of final judgment or final disposition, and will
remain stored as a permanent record. This Local Rule further applies to all
cases consolidated pursuant to Rule 65(a), Federal Rules of Civil Procedure.
The following types of cases will be exempt from this practice:
Sexual abuse cases filed pursuant to 18 U.S.C. § 3509 and Juvenile cases,
unless the record has been expunged.

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LR 79.1

LR 83.1
COURTROOM PRACTICE AND CIVILITY
(a) Examination of Witnesses and Argument
(1) During opening statement, examination of witnesses and
argument, counsel should stand at the lectern.
(2) Do not approach a witness without asking permission of the
Court. When permission is granted for the purpose of working with an exhibit,
resume the examination from the lectern when finished with the exhibit.
(3) Rise when addressing the Court and when making objections.
This calls the Court's attention to you.
(b) Objections to Questions
(1) When objecting, state only that you are objecting and specify the
ground or grounds of objection. Do not use objections for the purpose of making
a speech, recapitulating testimony or attempting to guide the witness.
(2) Argument upon the objection will not be heard until permission
is given or argument is requested by the Court.
(c) Decorum
(1) Colloquy or argument between attorneys is not permitted. Address
all remarks to the Court.
(2) In a jury case, if there is an offer of stipulation, first confer with
opposing counsel about it.
(3) Do not ask the reporter to mark testimony unless you have first
obtained the Court's approval to do so. Such permission will be granted only
where testimony is expected to be unusually lengthy. All requests for re-reading
of the questions or answers shall be addressed to the Court.
(4) Counsel during trial shall not exhibit familiarity with witnesses,
jurors or opposing counsel. The use of first names or nicknames is to be avoided.
During jury argument, no juror shall be addressed individually or by name.
(5) During the argument of opposing counsel, remain seated at the
counsel table and be respectful. Never divert the attention of the Court or the jury.
(d) The Witness and/or the Court
(1) Witnesses shall at all times be treated with fairness, consideration
and respect.
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LR 83.1

(2) No person shall ever by facial expression or other conduct exhibit
any opinion concerning any testimony which is being given by a witness, or as
to a ruling of the Court. Counsel will admonish their clients and witnesses about
this common occurrence.
(e) Court Hours and Promptness
(1) The Court makes every effort to commence proceedings at the
time set. Promptness is expected from counsel and witnesses.
(2) If a witness was on the stand at a recess or adjournment, have the
witness on the stand ready to proceed when Court is resumed.
(3) Do not run out of witnesses. Counsel should make every effort to
schedule witnesses in order to ensure full utilization of the trial day.
(f) Witnesses Out of Sequence
Upon a showing of particular need, the Court may permit a witness to be
called out of order. Anticipate any such possibility and discuss it with opposing
counsel. If there is objection, confer with the Court in advance.
(g) Exhibits
(1) Unless very few in number, exhibits should be premarked for
identification prior to trial. The deputy clerk assigned to each judge will
cooperate with counsel in facilitating the marking and management of exhibits.
(2) Each counsel shall keep a list of all exhibits.
(3) Unless it is not possible due to the nature of an exhibit, have
photocopies of an exhibit for the Court, opposing counsel and the witness.
(4) Documents and other exhibits, where practical, should be shown
to opposing counsel before their use in court.
(5) Each counsel is responsible for any exhibits secured from the
Clerk. At each noontime or end-of-the-day adjournment, return all exhibits to the
Clerk.
(6) Ordinarily, exhibits should be offered in evidence when they
become admissible rather than at the end of counsel's case.
(7) When counsel or witnesses refer to an exhibit, mention should
also be made of the exhibit number so that the record will be clear.
(8) Where maps, diagrams, pictures, etc. are being used as exhibits,
and locations or features on such documents are being pointed out by witnesses
or counsel, such locations should be indicated by appropriate markings on the
documents if not readily apparent from the documents themselves. Unnecessary
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LR 83.1

markings should be avoided. Markings on exhibits should only be made after
receiving the Court's permission to do so.
(9) Where several exhibits are contained within an envelope, package
or box, mark the container as exhibit 1, for example, and the contents as exhibit
1-A, 1-B, etc.
(h) Difficult Questions—Advance notice
If you have reason to anticipate that any question of law or evidence is
difficult or will provoke an argument, give the Court advance notice.
(i) Use of Answers to Interrogatories and
Requests for Admissions
Where there has been extensive discovery and counsel expects to offer
answers to interrogatories or requests for admissions extracted from several
separate documents, a document showing such question and answer or admission
shall be prepared with copies for the Court and opposing counsel. This obviates
the time-consuming process of thumbing through extensive files to locate the
particular items.
(j) Opening statements
Confine your opening statements to what you expect the evidence to show.
It is not proper to use the opening statement to argue the case or instruct as to the
law.
(k) Civility Code
Members of the bar of the United States District Court, Eastern District of
Washington shall conduct themselves in accordance with the following:
PREAMBLE
As a lawyer, I recognize my first duty is to zealously represent my client.
Yet, each lawyer also has the responsibility for making our system of justice work
honorably, fairly, and efficiently. To accomplish this end, I will comply with my
profession's disciplinary standards, and be guided by the following creed when
dealing with clients, opposing counsel, the courts and the general public.

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LR 83.1

(1)

My Client:
(a)

I will be loyal and sensitive to my client's needs, but I will
not permit that commitment to block my ability to provide
objective and candid advice.

(b) I will try to achieve my client's lawful objectives as quickly
and economically as possible.
(c)
(d)

(2)

I will advise my client that civility and courtesy are not to be
equated with weakness.
I will abide by my client's ethical decisions regarding the
client's goals, but nevertheless will advise that a
willingness to engage in settlement negotiations is
consistent with zealous and effective representation.

Opposing Parties and their Counsel:
(a)

I will try to act with dignity, integrity, and courtesy in oral
and written communications.

(b)

My word is my bond, not only with opposing counsel, but in
all my dealings.

(c)

In litigation, I will agree with reasonable requests for
extensions of time, stipulate to undisputed facts to avoid
needless costs or inconvenience, and waive procedural
formalities when the interests of my client will not be
adversely affected.

(d)

I will facilitate the processing of all reasonable discovery
requests.

(e) I will not ask colleagues for the rescheduling of court settings
or discovery proceedings unless a legitimate need exists;
nor will I unreasonably withhold consent for scheduling
accommodations. I will try to consult

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LR 83.1

with opposing counsel before scheduling depositions,
hearings and other proceedings or meetings.
(f)
(g)

(3)

I will promptly respond to oral and written communications.
I will avoid condemning my adversary or the opposing
party.

The Courts and Other Tribunals:
(a)
(b)

I will be punctual in attending court hearings, conferences
and depositions; I recognize that tardiness is demeaning
to me and to the profession.

(c)

I will stand to address the Court, and dress appropriately to
show my respect for the Court and the law.

(d)
(4)

I will be candid with and courteous to the Court and its staff.

I will refrain from condemnation of the Court.

The Public and our System of Justice:
(a) I will remember that my responsibilities as a lawyer include
a devotion to the public good and the improvement of the
administration of justice, including the contribution of
uncompensated time for those persons who cannot afford
adequate legal assistance.
(b)

I will remember the need to promote the image of the
profession in the eyes of the public and be guided
accordingly when considering advertising methods and
content.

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LR 83.1

LR 83.2
BAR ADMISSION AND APPEARANCE(S) IN A CASE
(a) Eligibility
(1) Any attorney who is a member in good standing of the Washington State Bar Association is eligible for admission to the bar of this court.
Admission to and continuing membership in the bar of this court is limited to
attorneys who are active members in good standing of the State Bar of
Washington. In addition, any attorney who is a member in good standing of the
bar of any state and who is employed in a professional capacity by the office of
the United States Attorney for the Eastern District of Washington or the Federal
Defender in this district, and who while being so employed may have occasion
to appear in this court on behalf of the United States or the Federal Defender is
eligible for conditional admission to the bar of this court.
(2) Any attorney employed outside of this district on a regular basis
by any agency of the United States who is a member in good standing of the bar
of any state, may appear in this court on behalf of the United States on an
individual case without being admitted to the bar thereof, subject to the Local
Rules of this court including the Local Rules governing the conduct of attorneys.
Said attorneys shall provide written notice to the United States Attorney of this
district of his or her appearance in an individual case, except for attorneys who
are not employed by the United States Department of Justice and who are
appearing on behalf of federal agencies with independent statutory litigating
authority.
(b) Procedures for Admission
(1) General
Procedure for Admission (not applicable for
government or Federal Defender attorneys). Each applicant for admission shall
pay the Clerk the fee prescribed by the judges of this court. The applicant shall
file with the Clerk a verified petition on a form to be obtained from the Clerk,
setting forth applicant's residence; office address; general and legal education; the
courts to which applicant has been admitted to practice and current bar status; the
disciplinary actions and/or sanctions, if any, to which applicant has been
subjected or are now pending; and such other information required by the Court.
Every petition for admission shall be accompanied by certificates from two

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LR 83.2

members of the bar of this court who are acquainted with the applicant. The
certificants shall set forth their appraisal of the applicant's reputation and
character. If the applicant is not acquainted with two members of the bar of this
court, the applicant shall complete the Petition for Admission, Form A. The
Petition, Form A, requires additional information including a list of all courts in
which the applicant has practiced, a summary of his/her experience as an attorney,
and two certificates of recommendation from members of the Washington State
Bar, or another state bar, who set forth their appraisal of the applicant’s reputation
and character. If the Clerk finds that the petition for admission complies with
these requirements, the Clerk will submit it to the Court. If the Court is satisfied
that the applicant is of good moral character and professional standing, the
petition will be granted but the applicant must then take the oath of admission in
order to complete the admission process.
(2) Conditional Admission for Attorneys for the United
States and Federal Defender Organization. In the case of an attorney
employed in this district for the United States Attorney or for the Federal
Defender, his or her petition must contain all information set forth under subsection
(1) hereof, except that in lieu of certificates from two members of the bar, the
applicant will provide a verification from the district's U.S. Attorney or one of the
district’s Assistant U. S. Attorneys that the individual is an attorney for the
United States or from the district’s Federal Defender or one of the district’s
Assistant Federal Defenders that the individual is an attorney for the Federal
Defender organization. The right of such an attorney to practice before this court
is conditional upon his or her continuing to be so employed. The form Petition
for Conditional Admission is available from the Clerk’s Office and public web
site, www.waed.uscourts.gov. The admission fee is waived for conditional
admission for attorneys employed by the U.S. Attorney and Federal Defender.
(c) Permission to Participate in a Particular Case Pro Hac Vice
(1) Any member in good standing of the bar of any court of the
United States, or of the highest court of any state, or of any organized territory of
the United States, and who neither resides nor maintains an office for the practice
of law in the State of Washington, may be permitted upon a showing of particular
need to appear and participate in a particular case. Any non-admitted attorney
applying to participate in a particular case shall pay the application fee prescribed
by the judges of this court. For good cause shown, the rule may be waived by the
Court in a criminal case. There shall be joined of record in such appearance an

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LR 83.2

associate attorney having an office in this state and admitted to practice in this
court who shall sign all pleadings, motions, and other papers prior to filing and
shall meaningfully participate in the case.
(2) A motion to appear pro hac vice by non-admitted counsel
pursuant to this Rule shall include the following:
(a) Applicant’s address and phone number;
(b) Dates of admission to practice before other courts;
(c)
The name, address and phone number of admitted
counsel with whom the applicant will be associated;
(d) The necessity for appearance by the applicant;
(e)
Whether the applicant has any pending disciplinary
sanction actions or has ever been subject to any disciplinary sanctions by any court or Bar Association.
(d) Appearances, Withdrawal and Substitution
(1) Appearances and Changes to Attorney’s Address. An
appearance may be made by filing a formal notice of appearance. Alternatively,
the filing of any document shall constitute an appearance by the attorney who
signs it.
Once an attorney has appeared in a case, the attorney must promptly
file a notice of change of address if there is a change in the attorney’s mailing
address, business e-mail address, telephone, or fax number. The attorney must
also update his/her CM/ECF User Account.
(2) A Party having Appeared by an Attorney. A party having
appeared by an attorney cannot appear pro se or otherwise act except through the
attorney, unless a motion has been filed and properly served and an order of
substitution is entered by the Court.
(3) Withdrawal and Substitution of Counsel Within Same
Law Firm. Where there has simply been a change (withdrawal or addition) of
counsel within the same law firm, an order of substitution is not required;
the new attorney will file a Notice of Appearance and/or the withdrawing attorney
will file a Notice of Withdrawal. However, where there is a change in counsel that
affects a termination of one law office and the appearance of a new law office,
leave of Court is required and a motion for leave to withdraw shall be filed. The
motion shall demonstrate good cause and shall be governed by LR 7.1.
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LR 83.2

(4) Withdrawal – Court Approval Required. An attorney must
obtain leave of Court if his/her withdrawal leaves the party unrepresented or
without local counsel. A motion for leave to withdraw must be filed and served
on the client and opposing counsel. The motion shall demonstrate good cause
and shall be governed by LR 7.1.
(5) Death, Removal, Suspension, or Inaction of Attorney.
When an attorney dies, is removed or suspended, or ceases to act, the party,
unless already represented by another attorney, must designate a new attorney or
file a pro se notice of appearance before further proceedings occur.
(6) Attorney’s Authority and Duty Shall Continue. The
authority and duty of attorneys of record shall continue after final judgment for
all proper purposes.
(e) Multiple counsel—Limitation of Activities
If more than one attorney represents a party, only one attorney shall
examine or cross-examine a witness in behalf of such party, and not more than
two attorneys shall argue the merits of the cause on behalf of such party, except
by permission of the Court.
(f) Compliance with Local Rules and Practice Before the Court
Every member of the bar of this court or attorney practicing before
it shall be familiar with and comply with the Local Rules of this court and shall
maintain the respect due courts of justice and judicial officers; shall perform with
the honesty, care, and decorum required for the fair and efficient administration
of justice; and shall discharge the obligations owed to his clients and to the judges
of the court.

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LR 83.2

LR 83.3
ATTORNEY DISCIPLINE
(a) Conduct Subject to Discipline
This Court may impose discipline on any attorney practicing before this
Court, whether or not a member of the bar of this Court, who engages in conduct
violating applicable Rules of Professional Conduct of the Washington State Bar,
or who fails to comply with rules or orders of this Court. The discipline may
consist of disbarment, suspension, reprimand, or any other action that the Court
deems appropriate and just.
(b) Initiation of Disciplinary Proceedings
Where a district, magistrate, or bankruptcy judge of this district believes
that conduct of an attorney may warrant disbarment, suspension, or a reprimand
by the Court, as opposed to the imposition of sanctions, such judge may
recommend the initiation of disciplinary proceedings by issuing a written
recommendation for the initiation of disciplinary proceedings to the chief judge
of this district. The chief judge of this district, or the most senior active district
judge if the chief judge is the judge recommending such action, shall review the
recommendation to determine if reasonable grounds exist for the initiation of
disciplinary proceedings. If the chief judge determines that disciplinary
proceedings should be initiated, the chief judge shall issue an order to show
cause under this rule that identifies the basis for possible discipline.
(c) Reciprocal Discipline
An attorney who is a member of the bar of this Court shall provide the clerk
of this Court with a copy of any order or other official notification that the
attorney has been subjected to disbarment or suspension in any other jurisdiction
or has resigned from another bar during the pendency of discipline proceedings.
When this Court learns that a member of the bar of this Court has been disbarred
or suspended from the practice of law by any court or resigns during the pendency
of disciplinary proceedings, the clerk of this Court shall issue an order to show
cause why the attorney should not be disbarred or suspended from practice in this
Court. The attorney would be required to show one of the following: that he/she
was deprived of due process, there is insufficient proof of misconduct, or a grave
injustice would result from imposition of the proposed discipline.

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LR 83.3

(d) Response
An attorney against whom an order to show cause is issued shall have 28
days from the date of the order in which to file a response. The attorney may
include in the response a request for a hearing on briefs, or for an in-person or
telephonic hearing. The failure to include a request for a hearing will be deemed
a waiver of any right to a hearing. The failure to file a timely response may result
in the imposition of discipline by the chief judge of this district, or his or her
district judge designee, without further notice.
(e) Hearing on Disciplinary Charges
If requested by the attorney, and if the hearing judge, in his or her sole
discretion, determines that an in-person hearing is warranted, an in-person
hearing shall be conducted on the disciplinary charges on the record. If the
hearing judge determines that an in-person hearing is not warranted or required,
the matter shall be determined by the hearing judge on the record submitted to
him or her. The chief district judge, or if the chief district judge is the judge
recommending the disciplinary action or is unavailable, the most senior active
judge of the district, shall randomly refer the matter to an individual active or
senior district judge, including the chief judge, or to a magistrate judge, other than
the judge recommending the action, for a report and recommendation. The
attorney may be represented by counsel who shall file a notice of appearance with
the designated judge and with any attorney appointed by the Court to prosecute
the matter. In appropriate cases, the chief district judge of this district, or if the
chief district judge is the complaining judge, the most senior active district judge,
may appoint an attorney to prosecute charges of misconduct and shall provide
notice of that appointment to the attorney and his counsel, if any.
(f) Report and Recommendation
If the matter is referred to a judicial officer, that judicial officer shall
prepare a report and recommendation. The report and recommendation shall be
served on the attorney, and the attorney shall have 21 days from the date of the
report and recommendation within which to file a response. Where the attorney
files a response to the report and recommendation, the report and recommendation, together with the response, shall be presented to a panel of three active or
senior district judges of this district, other than the complaining judge. The final
order in a disciplinary proceeding where a response has been filed by the attorney,
shall be by the three-judge panel. In the absence of a response by the attorney,
to the report and recommendation, the final order shall be by the chief district
judge, or his or her designee district judge.
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LR 83.3

Any three-judge panel shall be composed of the chief district judge, if not
the complaining judge, and two other active or senior district judges, randomly
drawn. If the chief district judge is the complaining judge or is unavailable, the
third member of the judicial panel shall also be randomly drawn. The chief
district judge, or in his or her absence, the most senior active district judge on the
panel, shall preside. In its discretion, the panel may call for further submittals or
an in-person or telephonic hearing.
(g) Reinstatement
A suspended or disbarred attorney may file a petition for reinstatement with
the clerk of this Court. The petition shall contain a concise statement of the
circumstances of the disciplinary proceedings, the discipline imposed by this
Court, and the grounds that justify reinstatement of the attorney. That petition
shall be referred to a judicial officer and, if requested by the applicant after the
report and recommendation, to a three-judge panel as provided above. The chief
district judge shall thereafter rule on the petition, absent a request by the attorney
for a three-judge panel.
(h) Confidentiality
All proceedings under this rule shall be public, except upon an order for
good cause shown that confidentiality is appropriate to protect the privacy of the
persons involved.
(i) Sanctions
(1) Attorneys are expected to advise the Clerk promptly when a case
is settled. Whenever any civil action scheduled for jury trial is settled or
otherwise disposed of in advance of the actual trial, then, except for good cause
shown, juror costs, including Marshal's fees, mileage and per diem, shall be
assessed equally against the parties and/or their counsel, or otherwise assessed as
directed by the Court, unless the Clerk's Office is notified at least one full
business day prior to the day on which the action is scheduled for trial in time to
advise the jurors that it will not be necessary for them to attend. In addition to the
foregoing, any attorney who fails to give the Clerk such prompt advice may be
subject to such sanctions as the Court deems appropriate.
(2) Failure of an attorney for any party or any party acting pro se to
appear at a hearing, trial or conference, or to complete the necessary preparations
therefor or to meet and confer as provided by these rules, or to appear or be

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LR 83.3

prepared for any proceeding on the date assigned, shall be grounds for imposition
of appropriate sanctions.
(3) The violation of or failure to conform to any of the Local Rules
of this Court shall subject the offending party and/or his attorney, at the discretion
of the Court, to appropriate discipline, including the imposition of sanctions,
attorney fees and costs as the Court may deem proper under the circumstances.
(4) Nothing in this rule shall limit the power of an individual judge
to impose sanctions as authorized under other existing authority.
(5) This rule does not restrict the judges of this district from referring
a matter to any bar association for disciplinary action.

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LR 83.3

LR 83.4
COURT POLICY AGAINST DISCRIMINATION
Judges, attorneys and judicial employees shall fulfill their roles under the
highest standards of professionalism. Unjustified treatment will be avoided in
both language and action. All are aware of the need to act without regard to
gender, race, religious or other inappropriate bias. To this end, persons appearing
in court who believe they have been treated without equal respect and dignity
may bring the matter to the attention of a magistrate judge and/or the chief
judge. Matters brought to the attention of a magistrate judge will be discussed
with the chief judge.

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LR 83.4

LR 83.5
BANKRUPTCY CASES, PROCEEDINGS
AND APPEALS
(a) Referral of Bankruptcy Cases and Proceedings
(1) Cases and Proceedings Under Title 11, United States Code.
This court hereby refers to the bankruptcy judges of this district all cases under
Title 11, and all proceedings arising under Title 11 or arising in or related to cases
under Title 11.
(2) Cases and Proceedings Under the Bankruptcy Act of 1898.
The bankruptcy judges of this district shall hear and determine cases and
proceedings arising under the Bankruptcy Act of 1898, as amended, pursuant to
section 403(a) of the Bankruptcy Reform Act of 1978.
(b) Bankruptcy Appeals
(1) Bankruptcy Appellate Panel
(a) Pursuant to 28 U.S.C. § 158 (b)(2), this court hereby
authorizes a bankruptcy appellate panel to hear and determine appeals from
judgments, orders, and decrees entered by bankruptcy judges from this
district, subject to the limitations set forth in sub-paragraphs (b) through
(d).
(b) The bankruptcy appellate panel may hear and determine
only those appeals in which all parties to the appeal consent thereto
pursuant to LR 83.5(b)(2).
(c) The bankruptcy appellate panel may hear and determine
appeals from final judgments, orders, and decrees entered by bankruptcy
judges and, with leave of the bankruptcy appellate panel, appeals from
interlocutory orders and decrees entered by bankruptcy judges.
(d) The bankruptcy appellate panel may hear and determine
appeals from judgments, orders, and decrees entered by bankruptcy judges
after July 20, 1984, and appeals transferred to this court from the previous

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LR 83.5

Ninth Circuit bankruptcy appellate panel by section 115(b) of The
Bankruptcy Amendments and Federal Judgeship Act of 1984, P.L. 98-353.
The bankruptcy appellate panel may not hear and determine appeals from
judgments, orders, and decrees entered by bankruptcy judges between
December 25, 1982, and July 10, 1984, under the Emergency Bankruptcy
Rules of this district.
(2) Form and Time of Consent
The consent of a party to allow an appeal to be heard and determined
by the bankruptcy appellate panel shall be deemed to have been given unless
written objection thereto is timely made in accordance with paragraph 2 of the
Amended Order Establishing and Continuing the Bankruptcy Appellate Panel of
the Ninth Circuit, which is incorporated herein by reference. [This Amended
Order is set forth in the Appendix of Orders of the Rules of the United States
Bankruptcy Appellate Panel of the Ninth Circuit.]
(3) Rules Governing Bankruptcy Appeals
(a) Practice in such bankruptcy appeals as may come before
this district shall be governed by Part VIII of the Rules of Bankruptcy
Procedure, except as provided in this local rule or in rules subsequently
adopted by this district court.
(b) Notwithstanding subparagraph (a), the time for filing
appellant's, appellee's, and reply briefs for consideration by the district
court shall be 40 days, 30 days and 14 days, respectively, in lieu of the time
limits specified in Rule 8009(a) of the Rules of Bankruptcy Procedures;
provided, however, that the district court or the bankruptcy appellate panel
may shorten these time limits in appropriate cases.
(c) Notwithstanding Rule 8010 of the Rules of Bankruptcy
Procedures, the appellant's and appellee's opening briefs shall not exceed
thirty (30) pages, and reply briefs shall not exceed twenty (20) pages,
exclusive of pages containing the table of contents, tables of citations and
any addendum containing statutes, rules, regulations, or similar material.

79

LR 83.5

(c) Effective Date
The order covering this rule became effective May 20, 1985 and supersedes
all previous orders of this court regarding bankruptcy cases, proceedings, and
appeals provided, however, that all prior actions of the bankruptcy appellate panel
not inconsistent herewith are not affected by this rule.

80

LR 83.5

LR 83.6
PERSONS APPEARING WITHOUT AN ATTORNEY
PRO SE LITIGANTS
A corporation including a limited liability corporation, a partnership
including a limited liability partnership, an unincorporated association, or a trust
may not appear in any action or proceeding pro se.

81

LR 83.6

LMR 1
GENERAL POWERS AND DUTIES
CONFERRED BY STATUTE OR RULE
(a) Each United States Magistrate Judge appointed by this court is
authorized to perform the duties prescribed by 28 U.S.C. § 636(a). These powers
and duties include, but are not limited to the following:
(1) Acceptance of criminal complaints and issuance of arrest warrants
or summonses; FED. R. CRIM . P. 4;
(2) Issuance of search warrants, including warrants based upon oral
or telephonic testimony; FED. R. CRIM . P. 41;
(3) Conduct of initial appearance proceedings for defendants,
informing them of the charges against them and of their rights, and imposing
conditions of release; FED. R. CRIM . P. 5;
(4) Appointment of attorneys for defendants who are unable to afford
or obtain counsel and approval of attorney's expense vouchers in appropriate
cases; 18 U.S.C. § 3006A;
(5) Setting of bail for material witnesses; 18 U.S.C. § 3149;
(6) Conduct of preliminary examinations; FED. R. CRIM . P. 5.1 and
18 U.S.C. § 3060;
(7) Conduct of initial proceedings for defendants charged with
criminal offenses in other districts; FED. R. CRIM . P. 40;
(8) Try persons accused of misdemeanors, order a presentence
investigation report on any such person who is convicted or pleads guilty or nolo
contendere, and sentence such persons, all in accordance with the provisions of
18 U.S.C. § 3401 and applicable rules; provided, however, that where defendant
is entitled to trial by jury and does not waive that right, the trial shall be
conducted by a District Judge or by a full-time magistrate judge;
(9) Authorize the issuance of subpoenas, writs of habeas corpus ad
testificandum or ad prosequendum, and issue or authorize issuance of any other
orders or warrants necessary to obtain the presence of parties or witnesses or
evidence needed for court proceedings;
(10) Administration of oaths and taking of bail, acknowledgments,
affidavits and depositions; 28 U.S.C. § 636(a)(2);
(11) Conduct extradition proceedings, in accordance with 18 U.S.C.
§ 3184;

82

LMR 1

(12) Order examinations to determine mental competency under 18
U.S.C. § 4244 and conduct all further proceedings thereunder in cases to be tried
by the magistrate judge;
(13) Supervise proceedings conducted pursuant to letters rogatory,
in accordance with 28 U.S.C. § 1782, when designated to do so by a district
judge;
(14) Accept waivers of indictment, pursuant to FED. R. CRIM. P. 7(b);
(15) Impose appropriate sanctions upon parties or counsel appearing
before them in any matter referred to them or with regard to which they have
independent jurisdiction;
(16) Rule upon applications to proceed in forma pauperis, pursuant
to 28 U.S.C. § 1915;
(17) Rule upon motions to require defendants in criminal cases to
participate in a line-up, furnish handwriting samples or furnish voice exemplars;
(18) Issuance of administrative inspection warrants;
(19) Enforcement of awards of foreign consuls in differences between
captains and crews of vessels of the consul's nation; 22 U.S.C. § 258(a);
(20) Conduct of proceedings for the transfer of offenders under 28
U.S.C. § 636(g);
(21) Conduct of initial proceedings upon the appearance of an
individual accused of an act of juvenile delinquency; 18 U.S.C. § 5034;
(22) Appointment of interpreters in cases initiated by the United
States; 28 U.S.C. §§1827 and 1828, FED. R. CRIM . P. 28;
(23) Direction of the payment of basic transportation and subsistence
expenses for defendants financially unable to bear the costs of travel to required
court appearances; 18 U.S.C. § 4285;
(24) Conduct of preliminary hearings leading to the revocation of
probation; FED. R. CRIM . P. 32.1;
(25) Receipt of grand jury returns; FED. R. CRIM . P. 6(f);
(26) Disposition of assessments of up to $200 for civil violations
under the Federal Boat Safety Act; 46 U.S.C. §§ 4311(d) and 12309(c);
(27) Service as a member of the district's Speedy Trial Act Planning
Group, including service as the reporter; 18 U.S.C. § 3168;
(28) Authorization of the disclosure of taxpayer information by the
Internal Revenue Service;
(29) Service on a panel to select the Chief of an independent pretrial
services agency for the district;

83

LMR 1

(b) Each United States magistrate judge appointed by this court is
authorized to conduct arraignments in criminal cases not triable by the magistrate
judge to the extent of taking a not-guilty plea, and further is authorized to order
that arrested persons brought before him/her be released or detained, pending
judicial proceedings, under the provisions of the Bail Reform Act. 18 U.S.C. §
3142, et seq.

84

LMR 1

LMR 2
RULES OF PRACTICE AND PROCEDURE
IN MISDEMEANOR CASES
(a) The practice and procedure for the trial of misdemeanor cases before
magistrate judges, and for the taking and hearing of appeals therefrom to the
district court, shall conform to the provisions of 18 U.S.C. §§ 3401 and 3402,
FED. R. CRIM . P. 58 and of any other rules promulgated by the Supreme Court
pursuant to 18 U.S.C. § 3402.
(b) All informations, indictments, citations, or other instruments on file with
the Clerk which charge only Class B misdemeanors (including such cases
transferred to this district under FED. R. CRIM . P. 20) shall upon filing with the
Clerk be assigned to a magistrate judge.
(c) Payment of the sums fixed in this court's Petty Offense Bail Schedule
may be accepted in lieu of appearance and as authorizing termination of the
proceedings.
Absent notice to the defendant on the face of the citation or instrument,
payment of said sums is considered to be an administrative forfeiture and/or civil
penalty only. No other collateral consequences shall be imposed without prior
notice to the defendant.

85

LMR 2

LMR 3
NON-DISPOSITIVE PRETRIAL MATTERS
(a) In accordance with 28 U.S.C. § 636(b)(1)(A), the full-time magistrate
judges in this district may, upon reference by a district judge, hear and determine
any pretrial matter in a case pending before the district judge, other than those
matters specified in LMR 4(a)(3), infra.
(b) Any party may appeal from a magistrate judge’s determination made
under this rule within 14 days after being served with a copy of the magistrate
judge’s order unless additional time is prescribed by the magistrate judge or
district judge in accord with applicable court rule. Such party shall file with the
Clerk of Court, and serve on all parties and the district judge and magistrate
judge, a written notice of appeal which shall specifically designate the order or
part thereof appealed from and the basis for objection thereto. The district judge
shall consider the appeal and shall affirm the determination of the magistrate
judge unless that determination is found to be clearly erroneous or contrary to
law.

86

LMR 3

LMR 4
DISPOSITIVE PRETRIAL AND
OTHER MATTERS
(a) In accordance with 28 U.S.C. § 636(b)(1)(B) and (C), the full-time
magistrate judges in this district may, upon reference by a district judge, in a case
pending before the district judge, hear, conduct such evidentiary hearings as are
deemed necessary or appropriate by the magistrate judge, and submit to the
referring district judge proposed findings of fact and/or a report and recommendation for the disposition of:
(1) Applications for post-trial relief made by individuals convicted
of criminal offenses;
(2) Prisoner petitions challenging conditions of confinement;
(3) Motions for injunctive relief (including temporary restraining
orders and preliminary injunctions), for judgment on the pleadings, for summary
judgment, to dismiss or quash an indictment or information made by a defendant,
to suppress evidence in a criminal case, to dismiss or permit the maintenance of a
class action, to dismiss for failure to state a claim upon which relief may be
granted, to involuntarily dismiss an action, and for review of default judgments;
(4) Petitions or applications for judicial review of administrative
determinations;
(5) Hearings to determine mental competency pursuant to 18 U.S.C.
§ 4244, in cases to be tried by a district judge;
(6) Petitions to enforce compliance with a summons issued by the
Internal Revenue Service, pursuant to 26 U.S.C. §§ 7402(b) and 7604(a); or
proceedings to quash such summonses, pursuant to § 7609.
(b) In considering prisoner applications for post-trial relief under paragraph
(a)(1), the magistrate judges may perform all the duties imposed on a judge in the
rules governing § 2254 and § 2255 proceedings. In so doing, a magistrate judge
may issue any preliminary orders, and conduct any necessary evidentiary hearing
or other appropriate proceeding. Any order disposing of the petition may only be
made by a judge.
(c) Any party may object to the magistrate judge's proposed findings,
recommendations or report issued under this rule within 14 days after being
served with a copy thereof. Such party shall file with the Clerk of Court, and
serve on all parties and the district judge and magistrate judge, written objections
87

LMR 4

which shall specifically identify the portions of the proceedings as the district
judge may require. The district judge shall make a de novo determination of those
portions to which objection is made and may accept, reject, or modify, in whole
or in part, the findings or recommendations made by the magistrate judge. The
district judge, however, need not conduct a new hearing and may consider the
record developed before the magistrate judge, making his/her own determination
on the basis of that record. The district judge may also receive further evidence,
recall witnesses or recommit the matter to the magistrate judge with instructions.

88

LMR 4

LMR 5
SPECIAL MASTER REFERENCES
In accordance with 28 U.S.C. § 636(b)(2), the full-time magistrate judges
in this district, upon reference by a district judge, may, without additional
compensation:
(a) Serve as special master pursuant to FED. R. CIV. P. 53;
(b) Serve as special master to try the issues in employment discrimination
cases under Title VII of the Civil Rights Act of 1964, as amended [42 U.S.C. §
2000e-5(f)(5)], without regard to the provisions of FED. R. CIV. P. 53(b),
whenever the district judge determines that the case could not be scheduled for
trial within one hundred and twenty (120) days after issue is joined;
(c) Serve as special master to try the issues in any civil case upon consent
of the parties, without regard to the provisions of FED. R. CIV. P. 53(b).
In any civil case in which a full-time magistrate judge serves as a special
master, the entry of final judgment shall be made by or at the direction of a
district judge.

89

LMR 5

LMR 6
REFERENCES TO FULL-TIME
MAGISTRATE JUDGES
When matters are referred by a district court judge as provided in LMR 3
through LMR 5, the magistrate judge to whom any such matter is referred shall
establish the procedure for determination of any and all motions, for holding
pretrial conferences, and for trial, and shall make any further necessary orders
consistent with the requirements of these local rules and the instructions of the
district judge to whom the case is assigned.

90

LMR 6

LMR 7
MOTION PRACTICE BEFORE
MAGISTRATE JUDGES
With respect to any motion to be heard before a full-time magistrate judge,
the parties shall comply in all respects with this court's local rules except for the
following:
(a) Motions may be set by counsel without oral argument on any weekday.
Counsel setting a hearing with oral argument shall contact the courtroom deputy
of the presiding judge to determine available argument motion days.
(b) Motions will be ruled upon without oral argument unless the magistrate
judge otherwise directs that the motion be noted for oral argument. The
magistrate judge will consider a request for oral argument made by either party.
A request for oral argument by the moving party shall be included in the motion.
If the moving party fails to request oral argument, the opposing party may file and
serve a written request therefor within 7 days from the date on which he/she was
served with a copy of the motion.

91

LMR 7

LMR 8
OTHER DUTIES OF FULL-TIME
MAGISTRATE JUDGES
The full-time magistrate judges in this district shall also:
(a) Conduct scheduling conferences, pretrial conferences, settlement
conferences, omnibus hearings, and related pretrial proceedings when requested
by a district judge;
(b) Preside at naturalization hearings when requested by the clerk;
(c) Maintain a roster of attorneys appointed to the Criminal Justice Act
panel and solicit applications to the panel;
(d) In civil cases, conduct voir dire examination and impanel petit juries
when requested by a district judge;
(e) Accept petit jury verdicts in civil and, with the consent of the defendant,
in criminal cases when requested by or on behalf of a district judge;
(f) Conduct all proceedings relating to charges of probation violation except
final revocation hearings for defendants sentenced by district judges;
(g) Have authority to order the exoneration or forfeiture of bonds;
(h) Conduct examinations of judgment debtors, in accordance with FED. R.
CIV. P. 69;
(i) Establish, and from time to time amend, a schedule of fixed sums (bail
schedule) to be paid in lieu of appearance in cases involving petty offenses as
defined in 18 U.S.C. § 19, and designating for which such offenses court
appearances shall be mandatory;
(j) Hear and determine applications by the United States to enter premises
to effect a levy as provided in 26 U.S.C. § 6331;

92

LMR 8

(k) Have authority to rule upon objections to the taxing of costs;
(l) Have authority to enter orders and otherwise act on behalf of this court
with respect to petitions for enforcement of subpoenas issued pursuant to the
Federal Energy Administration Act of 1974, 15 U.S.C. § 761, et seq.;
(m) Have authority to order the sealing and unsealing of documents by the
Clerk of the Court;
(n) Have authority to order the preparation of such transcripts of proceedings in this court as the magistrate deems necessary to a determination of any
matter to be considered by him; and
(o) Perform the functions specified in 18 U.S.C. §§ 4107-4109, regarding
proceedings for verification of consent by offenders to transfer to or from the
United States, and appoint counsel in such cases;
(p) Exercise all powers and duties assigned to them from time to time by the
district judges which are not inconsistent with the Constitution and laws of the
United States.

93

LMR 8

LMR 9
ADMINISTRATION OF CRIMINAL
JUSTICE ACT PLAN
The magistrate judges in this district, when and as requested, shall assist the
district judges in the administration of the Criminal Justice Act Plan for the
district. The magistrate judges shall have concurrent authority with the district
judges to:
(a) Supervise the panel of attorneys;
(b) Determine the eligibility of a defendant to have counsel appointed;
(c) Appoint counsel;
(d) Examine and act upon vouchers, where the majority of the hours
expended regard matters before said magistrate, submitted by appointed counsel.

94

LMR 9

LMR 10
REVIEW OF CONDITIONS OF RELEASE
Request for modification of conditions of release in all criminal cases shall
be heard by a magistrate judge unless otherwise directed by a district judge.

95

LMR 10

LMR 11
APPEALS TO DISTRICT JUDGE
(a) From Judgment in Criminal Case.
(1) Perfecting Appeal.
An appeal from a judgment of conviction by a magistrate judge to a
judge of the District Court shall be taken within 14 days after entry of the
judgment. An appeal shall be taken by filing with the Clerk of the District Court a
statement specifying the judgment from which an appeal is taken, and by
serving a copy of the statement upon the United States Attorney, personally or by
mail, and by filing a copy with the magistrate judge.
(2) Transcript or Recording of Proceeding Before Magistrate Judge.
Where the proceedings before a magistrate judge were tape recorded,
that recording will be available for review by the district judge, without further
action by the parties. Where either party wishes to have a transcript made from
that recording, or where the proceedings were attended by a court reporter, the
party requesting the transcript shall be responsible for arranging for and paying
the cost of the preparation of the transcript. A party who qualifies may obtain
authorization for the transcript pursuant to the Criminal Justice Act, 18 U.S.C. §
3006A. The party requesting the transcript shall simultaneously file and serve a
written notification that a transcript has been ordered.
Where the appellant wishes a transcript of the proceedings as above
outlined, this transcript shall be ordered within 14 days after filing the notice of
appeal. If funding is to come from the United States under the Criminal Justice
Act, the appellant is responsible for obtaining funding approval under 18 U.S.C.
§ 3006A within said 14-day period.
If the transcript cannot be completed within 30 days of the receipt of
the order, appellant shall request an extension of the time for filing the transcript
beyond this 30-day period from the district judge. The district judge may extend
deadlines for filing transcripts and briefs.
(3) Other Record on Appeal.
All documents filed and exhibits presented in the proceedings before
the magistrate judge shall be part of the record on appeal, without specific
designation by the parties.
(4) Record of Proceedings.
The Clerk shall notify parties that the record of proceedings has been
filed.

96

LMR 11

(5) Briefs.
Appellant shall file and serve his brief within 28 days after the
transcript has been filed, or if no transcript is ordered, Appellant shall file and
serve the brief within 28 days after the notice of appeal has been filed. Appellee
shall file and serve his brief in response within 21 days thereafter. Appellant may
file and serve a reply brief within 7 days thereafter. If appellant is not represented
by counsel, appellant may file a short statement of the issues for the Court to
consider on appeal, instead of a formal brief.
(6) Oral Argument.
The district judge shall have discretion whether to schedule oral
argument on an appeal. Any party may file and serve a written request for oral
argument not later than the deadline for filing of his initial brief.
(b) From Judgment in Civil Case, Tried Pursuant to 28 U.S.C. §
636(c).
(See Rule LMR12(e).)
(c) From Other Orders.
(See also Rules LMR3(b) and 4(c).)
Rulings, orders or other actions by a magistrate judge in this district,
review of which is not otherwise specifically provided for by law or these rules,
shall, nevertheless, be subject to review by the District Court as follows:
Any party may file and serve, not later than 14 days thereafter, an
application for a review of the magistrate judge's action taken by the district judge
having jurisdiction. Copies of such application shall be served promptly upon the
other parties, the district judge, and the magistrate judge.
After conducting whatever further proceedings as he or she deems
appropriate, the district judge may adopt or reject, in whole or in part, the action
taken by the magistrate judge, or take such other action as he or she deems
appropriate.
(d) Review of Detention Order.
Any review of a detention order pursuant to 18 U.S.C. § 3145(b) shall be
determined promptly. The application for revocation or amendment of the
magistrate judge's order shall be filed within 14 days of the order, and shall be
promptly served as specified in (c) above.
The moving party, in consultation with the Clerk, shall note this motion for
prompt hearing before the district judge. The moving party shall be responsible
for obtaining a prompt date for said hearing.
97

LMR 11

LMR 12
CIVIL TRIALS BEFORE MAGISTRATE
JUDGES BY CONSENT OF PARTIES
28 U.S.C. § 636(c)
(a) General Authority. Upon the consent of the parties, and upon the entry
of an order of reference by a district judge, a full-time magistrate judge may
conduct any or all proceedings in any civil case which is filed in this court,
including the conduct of a jury or non-jury trial, and may order the entry of final
judgment, in accordance with 28 U.S.C. § 636(c). In the course of conducting
such proceedings upon consent of the parties, a magistrate judge may hear and
determine any and all pretrial and post-trial motions which are filed by the parties,
including case-dispositive motions.
(b) Notice to Parties. At an appropriate time after a civil action is filed, the
Clerk of the Court shall notify the parties of the availability of a magistrate judge
to exercise jurisdiction. The notice will include a consent form and a request that
the Clerk be advised of the party's intention. When a case is set for a scheduling
conference, the Clerk shall again furnish a consent form to all counsel except
where a consent has been filed or the Clerk is advised that a consent will not be
filed.
(c) Obtaining Consent. Thereafter, either the district court judge or the
magistrate judge may again advise the parties of the availability of a magistrate
judge, but in so doing, shall also advise the parties that they are free to withhold
consent without adverse substantive consequences.
(d) Reference. After the consent form has been executed and filed, the
Clerk shall transmit it to the judge to whom the case has been assigned to
consider the case for reference to a magistrate judge. The magistrate judge to
whom a specific case is to be assigned shall be determined by the judge to whom
the case was assigned. Once the case has been assigned to a magistrate judge, the
magistrate judge shall have the authority to conduct any and all proceedings and
to direct the Clerk of Court to enter a final judgment in the same manner as if a
judge had presided. An order of reference can be vacated upon a proper showing,
pursuant to 28 U.S.C. § 636(c)(6).

98

LMR 12

(e) Appeal.
(1) Appeal to the Court of Appeals.
Appeal from a judgment entered upon direction of a magistrate judge
will lie to the United States Court of Appeals for the Ninth Circuit as it would
from any other judgment of this court.

99

LMR 12

LMR 13
CHANGE OF TITLE
Each United States magistrate judge appointed under 28 U.S.C. § 631
shall be known as a United States Magistrate Judge and any reference to any
United States Magistrate or Magistrate that is contained in these local rules,
shall be deemed to refer to a Magistrate Judge.

100

LMR 13

INDEX: GENERAL RULES
(REFERENCES ARE TO LR OR LMR NUMBERS)
Actions
Civil Rights by Prisoners, LR 10.1(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Class, Class-Pleading, LR 10.1(b)(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Class Action Certification, LR 23.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Commencement and Filing of Pleadings and Documents, LR 3.1. . . . . . . . . . 2
Receiverships, LR 66.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Admiralty Rules, LR 9.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Alternative Dispute Resolution, LR 16.2. . . . . . . . . . . . . . . . . . . . . . . . . . 23
Attorneys
Bar Admission, LR 83.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
Appearance; Withdrawal & Substitution,
LR 83.2(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Change of address notification, LR 83.2(d)(1). . . . . . . . . . . . . . . . . . . . . . . . 71
Civility Code, LR 83.1(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Compliance with Local Rules and
Practice before the Court, LR 83.2(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
And LR 83.3(i)(3)(4)(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
Discipline, LR 83.3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
Multiple Counsel, LR 83.2(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
Pretrial Obligations, LR 16.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Presence during Deliberations and Verdict,
LR 47.1(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Sanctions, LR 83.3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
(See Also Sanctions in Index)

101

Bankruptcy, Referrals, Proceedings & Appeals,
LR 83.5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
Briefs
Citations, LR 7.1(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Length, LR 7.1(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Trial Brief Length, LR 39.1.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Motion Practice, LR 7.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Calendar
Magistrate Judge Motions, Rule LMR 7.. . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
Motion Setting, LR 7.1(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Trial Setting, LR 40.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
and LR 40.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Cameras
Photographs Prohibited, LR 77.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Citation of Authorities, LR 7.1(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Prohibition of Citation of Unpublished
Decision, LR 7.1(f)(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Class Action Certification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Clerk
Filing Office, LR 3.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Service, LR 4.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Complaint
Claim of Unconstitutionality, LR 24.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Cover Sheet Required, LR 10.1(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Filing, LR 3.1.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Prisoner's Civil Rights, LR 10.1(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Constitutionality of Statute
Notice of, LR 24.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Cost Bills, LR 54.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47

102

Court
Courtroom Practice & Civility, LR 83.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Sessions, LR 77.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Default, LR 55.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Depositions
Editing Procedure, LR 32.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Filing-prohibition, LR 32.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Use at Trial, LR 32.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Video, LR 32.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Supplemental Proceedings, LR 69.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Number of Depositions, LR 30.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Deposits, LR 67.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Discovery
Depositions, LR 30.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
(See also LR 32.1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Execution and Supplemental
Examination of Judgment Debtor, LR 69.1. . . . . . . . . . . . . . . . . . . . . . . . . 56
Expedited Hearing, LR 37.1(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Filing Prohibition, LR 26.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Interrogatories, LR 33.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Motions, LR 37.1.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
—Motion to Compel, LR 37.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
—Telephonic Encouraged, LR 37.1(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Requests for Admission, LR 36.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Requests for Production, LR 34.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Special Master, LR 37.1(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Supplemental Proceedings, LR 69.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Dismissal of Actions
Lack of Prosecution, LR 41.1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Voluntary, LR 41.1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Electronic Case Filing, LR 3.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
103

Exhibits
Custody and Disposition, LR 79.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
Expert Witnesses
Limit on Number, LR 43.1(a)(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Filing
Commencement of Action, LR 3.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Depositions-Filing Prohibition, LR 32.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Discovery Material-Filing Prohibition, LR 26.1.. . . . . . . . . . . . . . . . . . . . . . 29
Duplicates Required by the Court, LR 5.1(a). . . . . . . . . . . . . . . . . . . . . . . . . . 8
Electronic, LR 3.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Filing of Papers, LR 3.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
General Format, LR 10.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Interrogatories-Filing Prohibition, LR 33.1. . . . . . . . . . . . . . . . . . . . . . . . . . 33
Forms, prescribed
Cost Bills, LR 54.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Cover Sheet, Civil, LR 10.1(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Default Affidavit, LR 55.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Jury Instructions, LR 51.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Notice, Video Deposition, LR 32.1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Pretrial Order, Civil, LR 16.1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Summons, Civil, LR 10.1(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Some forms available on web site. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Guardian Ad Litem
Claims of Minors and Incompetents, LR 17.1. . . . . . . . . . . . . . . . . . . . . . . . 25
Habeas Corpus, LR 9.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Incompetents
Settlement of Claims, LR 17.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Infants
Claims of Minors, LR 17.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Instructions
Jury, LR 51.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

104

Interrogatories
Limitation of Questions, LR 33.1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Procedure and Form, LR 33.1(c)(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Judgment
Default, LR 55.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Examination of Judgment Debtor, LR 69.1. . . . . . . . . . . . . . . . . . . . . . . . . . 56
Summary, LR 56.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Jury
Costs Assessed, LR 54.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Instructions, LR 51.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Number, LR 47.1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Peremptory Challenge, LR 47.1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Voir Dire, LR 47.1.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Jury Demand
Pleadings, LR 10.1(b)(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Fee, LR 38.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Submitting a Jury Demand, LR 38.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Magistrate Judge
Appeal, LMR 3(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
(See Also LMR 4(c)). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
(See Also LMR 11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
Civil Trials by Consent, LMR 12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
Jury Verdict, taking of LMR 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
Motions, LMR 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
Powers and Duties, LMR 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
(See Also LMR 8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
(See Also LMR 9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
Practice and Procedure, Misdemeanor,
LMR 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
Pretrial Matters, LMR 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87

105

Review of Conditions of Release, LMR 10. . . . . . . . . . . . . . . . . . . . . . . . . . 95
Special Master, LMR 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
Title, LMR 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
Mediation
Mediation, LR 16.2(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Cases Referred by the Court, LR 16.2(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
ADR Procedures, LR 16.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Register of Qualified Attorneys, LR 16.2(g). . . . . . . . . . . . . . . . . . . . . . . . . 24
Settlement Conference, LR 16.2(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Motions
Calendar, LR 7.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Day, LR 78.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Discovery, LR 26.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Dispositive, LR 7.1 and LR 56.1.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Expedited, LR 7.1(h)(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Failure to File Memo—Penalty, LR 7.1(d). . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Magistrate Judge, before, Rule LMR 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
Memorandum Required, LR 7.1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Oral Argument—Length, LR 7.1(h)(3)(B)(v).. . . . . . . . . . . . . . . . . . . . . . . . 13
Oral Argument—Request, LR 7.1(h)(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Orders Granting—Form, LR 10.1(f)&(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Reply Memo—Time, LR 7.1(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Responsive Memo—Time, LR 7.1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Setting Notice, LR 7.1(h)(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Oral Arguments
Motions, LR 7.1(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Paper
In English, LR 10.1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Pre-Punching, LR 10.1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Printing on One Side Only, LR 10.1(a).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Size and Quality, LR 10.1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Peremptory Challenges
Jury, LR 47.1(b).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
106

Photography
Court Proceedings-Prohibition, LR 77.1(b). . . . . . . . . . . . . . . . . . . . . . . . . . 59
Pleading
Appendix format, LR 10.1(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Class Action, LR 10.1(b)(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Duplicates Required by the Court, LR 5.1(a). . . . . . . . . . . . . . . . . . . . . . . . . . 8
Filing of Papers, LR 3.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Foreign Law, LR 44.1.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Format, LR 10.1.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
In English, LR 10.1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Pretrial Procedure
Conference, LR 16.1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Proposed Order-Form, LR 16.1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Prisoners
Civil Rights Actions, LR 10.1(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Depositions, LR 30.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Receiverships, LR 66.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Recording Devices
Prohibited, LR 77.1(b).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Requests for Admission
Limitation, LR 36.1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Requests for Production
No Limitation, LR 34.1(b).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
RICO Case Statement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

107

Sanctions and Penalties, LR 83.3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
(See Also LR 37.1(d)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
(See Also LR 16.2(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
(See Also LMR 1(a)(15)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
Settlement
Counsel must advise Court, LR 83.3(i).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
Settlement of Claims
Minors and Incompetents, LR 17.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Service
Interrogatories, LR 33.1(c)(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Of Process, LR 4.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
On Judge, LR 5.1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Opposing Party, LR 7.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Proof of, LR 5.1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Special Master
Complex Discovery, LR 37.1(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Magistrate Judge, Rule LMR 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
Summary Judgment
Briefs—Length, LR 7.1(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Dispositive Motions, LR 7.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Practice, LR 56.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Statement of Material Facts, LR 56.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Summons
Obtained from Clerk, LR 10.1(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Supplemental Proceedings, LR 69.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Televising
Prohibition, LR 77.1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59

108

Trial
Brief, Length of, LR 39.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Calendar, LR 40.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Conduct, LR 43.1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Courtroom Practice and Civility, LR 83.1. . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Jury Procedures, LR 47.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Place of, LR 77.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Use of Depositions, LR 32.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Unconstitutionality of Statute
Claim of, LR 24.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Verdict
Counsel presence, LR 47.1(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Verdict, Magistrate Judge
Accept jury verdicts, LMR 8(e).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
Voir Dire
Jurors, LR 47.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Web Site. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Witness
Expert Witness, LR 43.1(a)(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Fees of Witness, LR 54.1(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48

109