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Motions Practice In the Western District of Washington

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Motions Practice In the Western District of Washington

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  1. Motions Practice In the Western District of Washington An Overview of District Specific Practices

  2. Resources Through Our Web Sitehttp://waw.fd.org/ • Local Rules http://www.wawd.uscourts.gov/sites/wawd/files/LocalCriminalRulesFINAL1-31-14.pdf • CJA Brief Bank- Contains Sample Motions and Briefs http://waw.fd.org/ • Routine Motions – On Our Web Site – Under the Litigation Support Tab

  3. Local Rule 12 (LCrR 12) • 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

  4. More on Rule 12 • Need to file a proposed order with the motion • If motion requires facts outside the record file affidavits, photos and other documents with the motion • 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. • Do NOT file a response to a government motion for reconsideration unless requested by the Court

  5. Some Other District Specific Rules • 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

  6. 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

  7. Local Practices That May Not Be in the Rules • Getting a continuance of hearing before a Magistrate Judge. Can by done by email and phone with all the affected parties • Sentencing continuances - Somewhat judge specific, but generally can be done by phone and email. • Scheduling a PSR interview (Always Attend the interview) • Working with Pretrial and Probation – Their recommendations are important. Feed them positive information.

  8. Where do I go with a question? • Your Mentor • FPD Duty Attorney 206-553-1100 • Me if first two are unavailable

  9. Final Thoughts • It’s a small bench • First Impressions • Pay close attention to your written submissions