Motions Practice In the
Western District of
Washington
An Overview of District Specific Practices
Resources Through Our Web Site
http://waw.fd.org/
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Local Rules
http://www.wawd.uscourts.gov/sites/wawd/files
/LocalCriminalRulesFINAL1-31-14.pdf
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CJA Brief Bank- Contains Sample Motions and
Briefs http://waw.fd.org/
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Routine Motions – On Our Web Site – Under the
Litigation Support Tab
Local Rule 12 (LCrR 12)
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Due Date set at Arraignment – Usually about 3 weeks
out
Motion and Brief in one document
State in caption in CAPS if you want evidentiary
hearing or oral argument
Response due 7 days after motion is filed
Reply if any due on or before noting date
12 page limit on length of brief
Note for second Friday after filing
More on Rule 12
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Need to file a proposed order with the motion
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If motion requires facts outside the record file affidavits,
photos and other documents with the motion
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Motions for Reconsideration are disfavored and will only
be granted on a “showing of manifest error in the prior
ruling or a showing of new facts or legal authority” not
previously available through due diligence.
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Do NOT file a response to a government motion for
reconsideration unless requested by the Court
Some Other District Specific Rules
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Rule 5(g) appearance of counsel and Withdrawal of
Counsel
Felony Pleas Taken by Magistrate Judge
LCr 17 Using the US Marshal to serve and pay for
subpoena service in district upon showing the
appointment order
LCrR 18 Division of Cases Between Seattle and Tacoma
LCrR 25 only one lawyer to examine per witness
LCrR 25 only one expert per topic
More District Specific Rules
LCrR 23.2 Motions in Limine Due 10 days before
trial
 CrR32 Sentencing Memo is due 7 days before
sentencing, and one week after the Probation
Office Sentence Recommendation
 PSR recommendations are disclosed to counsel
 LCrR 49.1, 55(b) and LCR 5(g) Sealing and
Redacting Court Records
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Local Practices That May Not Be in the
Rules
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Getting a continuance of hearing before a Magistrate
Judge. Can by done by email and phone with all the
affected parties
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Sentencing continuances - Somewhat judge specific, but
generally can be done by phone and email.
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Scheduling a PSR interview (Always Attend the interview)
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Working with Pretrial and Probation – Their
recommendations are important. Feed them positive
information.
Where do I go with a question?
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Your Mentor
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FPD Duty Attorney 206-553-1100
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Me if first two are unavailable
Final Thoughts
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It’s a small bench
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First Impressions
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Pay close attention to your written submissions