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28
SCOPE; DEFINITIONS
(a) Scope
These local rules supplement the Federal Rules of Criminal Procedure (Fed. R. Crim. P.) as to
local procedures; they are effective January 1, 2020. They are designated as CrR, numbered to
correspond, where possible, with rules having similar subject matter as the Fed. R. Crim. P., and
they, along with the local civil rules (LCR) and magistrate judges’ rules (MJR), may be cited as
“Local Rules, W.D. Wash.” The local magistrate judges’ rules contain many provisions relating to
criminal matters, and the following local civil rules apply to criminal matters:
LCR 1(c) Definitions
LCR 1(d) Prohibition of Bias
LCR 3(c) Initial Case Assignment
LCR 3(e) Motions to Recuse
LCR 5(b) Service by Electronic Means
LCR 5(d) Electronic Filing and Signing
LCR 5(f) Proof of Service
LCR 5(g)(2) Sealing Requirements
LCR 5(g)(6) Withdrawing UnsealedDocument
LCR 6 Computing and Extending Time
LCR 10 Form of Pleadings, Motions and Other Filings
LCR 11 Signing Filings; Sanctions
LCR 47(a) Examination of Jurors
LCR 65.1 Bonds
LCR 67 Registry Funds
LCR 77 Conducting Business; Clerk’s Authority
LCR 78 Photography, Broadcasting, and Personal Electronic Devices in the
Courthouse
LCR 79(f) Files-Custody and Withdrawal
LCR 79(g) Custody and Disposition of Exhibits, Depositions
LCR 83.1 Attorneys; Admission to Practice
LCR 83.2(b) Withdrawal of Attorneys
LCR 83.3 Standards of Professional Conduct; Continuing Eligibility to Practice;
Attorney Discipline
LCR 83.4 Legal Interns
LCR 85 Title and Citations
Petitions for Habeas Corpus Under Title 28 U.S.C. 2241 or 2254 and Motions Pursuant to Title 28
U.S.C. § 2255 are addressed in LCR 100.
(b) Definitions
Terms used herein (such as “magistrate judge”) shall have the same designated meanings as set out
in Fed. R. Crim. P. 1(b). Unless the context indicates otherwise “court” and “judge” refer to the
judge or magistrate judge before whom the matter or hearing is pending or has been referred; or
who may act in the absence of said judge or magistrate judge.
1
(c) Reserved
* Electronic filing in the Western District of Washington became mandatory on June 1, 2004. The
electronic filing procedures for the district can be found at http://www.wawd.uscourts.gov.
2
PURPOSE AND CONSTRUCTION
These local rules are intended to set out local procedures consistent with the Fed. R. Crim. P. They
shall be construed to secure simplicity in procedure, fairness in administration and the elimination
of unjustifiable expense and delay.
3
THE COMPLAINT
RESERVED
4
ARREST WARRANT OR SUMMONS ON A COMPLAINT
RESERVED
5
COMPLAINT, WARRANT, OR SUMMONS BY TELEPHONE OR OTHER RELIABLE
ELECTRONIC MEANS
RESERVED
See CrR 41(d)(3).
6
INITIAL APPEARANCE
(a) In General
(1) Notice of Arrest. Any agency or person who holds any person in this district on
federal criminal charges, shall so advise the U.S. Marshal without unnecessary delay.
Except with respect to federal parole violations, after receiving notice or other knowledge
during business hours of any such federal arrestee or person held on federal charges
anywhere in the district, the marshal shall give notice without unnecessary delay of the
date of federal arrest or custody to the courtroom deputy or other designated staff member
for the appropriate magistrate judge who will conduct the initial appearance;
(A) After receiving notice from the U.S. Marshal, the courtroom deputy or other
designated staff member for the appropriate magistrate judge shall give notice
without unnecessary delay to:
i. The designated person in the United States Attorney’s Office;
ii. During business hours, the U.S. Pretrial Services Office.
Like notice, during business hours, shall also be given by the courtroom deputy or other designated
staff member to the U.S. Probation Office duty officer as to any probation, supervised release, or
parole violators.
(2) Arrest Without Warrant — Forty-Eight Hour Rule. Whenever an arrest without
warrant occurs and the initial appearance will not be or is likely not to be held within forty-
eight hours of arrest (because of the weekend or holidays or unavailability of an appropriate
magistrate judge):
(A) A complaint and affidavit will be prepared and presented within forty-eight
hours after the arrest to the appropriate magistrate judge at said judge’s home or as
directed by said judge. If probable cause is found, an order so finding shall be
signed and defendant shall be ordered held pending the initial appearance as
promptly as that hearing can be scheduled during court hours or as otherwise
ordered.
(B) The initial contact with the appropriate magistrate judge shall be made by
the United States Attorney or an authorized assistant who shall have either
previously prepared or reviewed and approved the form and content of the
complaint and affidavit.
(3) Reserved
(4) Appropriate Magistrate Judge. The “appropriate magistrate judge” is the United
States magistrate judge who would normally be expected to conduct the initial appearance;
or if unavailable, any available United States magistrate judge; or if unavailable, any other
magistrate judge as defined in Fed. R. Crim. P. 1(b).
7
(b) through (f) Reserved
(g) Appearance of Counsel
(1) Appearance Prior to Arraignment. Any appearance in court prior to arraignment
obligates counsel to handle all matters up to, and to appear at, arraignment, unless relieved
of said obligation as provided for in paragraphs (3) and (4). (See LCR 83.1(d) regarding
appearances by non-W.D. Wash. attorneys.)
(2) Appearance at Arraignment. At arraignment, a counsel who has previously
appeared may orally withdraw, and arraignment may be continued for up to two weeks to
allow defendant to obtain counsel. Any counsel appearing at arraignment may request up to
two weeks to finalize a representation agreement with defendant, and the arraignment shall
be so continued. Counsel may thereafter be relieved of responsibility by filing, prior to the
continued arraignment hearing and after service on defendant and the United States
Attorney’s Office, a written notice of nonrepresentation, without the necessity of counsel
appearing at said hearing; or by appearing and orally stating so on the record. Defendant
must be present in all instances. Further continuances of arraignment to finalize
representation may be made only upon a proper showing and by order of the judge or
magistrate judge before whom the matter is pending upon due consideration of Speedy
Trial rights, including the discovery, motions and trial dates, the situation with respect to
any codefendants, right-to-counsel rights, and other relevant considerations. Counsel
representing a defendant when arraigned or rearraigned is obligated to handle, in the district
court, all matters charged at that arraignment or rearraignment.
(3) Stand-In Appearance. With the agreement of defendant on the record in open court,
and with court approval, another attorney may appear for defensecounsel.
(4) Relief from Representation. Counsel may be relieved:
(A) With the approval of the judge or magistrate judge before whom the matter
is pending, endorsed upon a stipulation of substitution submitted ex parte and signed
by counsel, substitute counsel, and defendant; or
(B) By an order of the judge or magistrate judge before whom the matter is
pending, granting counsel’s written motion for withdrawal, served, filed and noted
for consideration as required under CrR 12 and LCR 83.2, with the additional
requirement of service upon the defendant; or
(C) By an order appointing other counsel after review of a financial affidavit
submitted by defendant pursuant to 18 U.S.C. § 3006A.
The Clerk’s Office shall provide to counsel, substitute counsel, the United States
Attorney’s Office, and, when appropriate, the defendant, copies of approved
stipulations, orders allowing withdrawal, and orders appointing counsel.
(h) Release From Custody — Bail/Detention
(1) On federal criminal charges, see CrR 46.
(2) On Probation and Supervised Release violations, see Fed. R. Crim. P. 32.1 and 46.
8
PRELIMINARY HEARING
(a) through (f) Reserved
(g) Recording theProceedings
(1) Copies of Preliminary Hearing Recording(s). Unless ordered sealed by court order,
a copy of the preliminary hearing recording(s) may be obtained from the Clerk’s Office
and will, whenever possible, be provided within five (5) days of the request. A court-
appointed attorney for a defendant and the attorney for the government may obtain a copy
free; all others must pay the prevailing rate per recording (as set by the Judicial
Conference).
(2) Original Preliminary Hearing Recording(s). The original preliminary hearing
recording(s) shall remain in the custody of the Clerk’s Office under the control of the court,
subject to the Clerk’s established procedures for storage of records and retention. The
recording(s) may be made available at further hearings or for other purposes, upon
application to the court specifying the necessity.
(3) Transcripts. Anyone seeking preparation of transcripts at government expense shall
apply to the court or a judge thereof, and shall state specifically why the access to the
recording is insufficient for the party’s needs.
(h) Reserved
9
THE GRAND JURY
(a) through (i) Reserved
(j) Grand Jury Practice
(1) Motions practice in connection with Grand Jury proceedings and process issued in
aid of such proceedings shall be accorded the secrecy protections as set forth in Fed. R.
Crim. P. 6(e).
(2) The Clerk’s office shall accept for filing under seal without the need for further
judicial authorization all motions and accompanying papers designated by counsel as
related to Grand Jury matters.
(3) Such motions shall be assigned Grand Jury cause numbers if not otherwise related
to pending criminal cases and will be decided by the judge of this court assigned by the
Chief Judge to hear Grand Jury matters.
(4) In all other respects, motions and related filings shall conform to CrR 12(c).
10
THE INDICTMENT AND THE INFORMATION
RESERVED
11
JOINDER OF OFFENSES OR DEFENDANTS
RESERVED
12
ARREST WARRANT OR SUMMONS ON AN INDICTMENT OR INFORMATION
RESERVED
13
ARRAIGNMENT
Arraignments are generally conducted by a magistrate judge. A trial date, based upon the
requirements of the Speedy Trial Act (18 U.S.C. §§ 3161 et seq.), will usually be set at the time
the arraignment is first scheduled. Requests for change of a trial date should be addressed to the
judge assigned to the case.
See CrR 5(g) regarding appearance of counsel at arraignment; and CrR 18 regarding the place of
trial and assignment of cases.
14
PLEAS
(a) through (b) Reserved
(c) Plea Agreement Procedure
(1) In General. Without court approval, plea agreements in felony cases shall be in
writing and signed by the defendant, the defendant’s attorney and the attorney for the
government. Unless otherwise ordered, all felony plea agreements shall set forth a factual
basis for the plea.
(d) through (h) Reserved
(i) Felony Pleas Before Magistrate Judges
The magistrate judges in this district are authorized to accept waivers of indictment and guilty
pleas in felony cases with the consent of the defendant, the defendant’s attorney, and the United
States, and to order a presentence investigation report concerning any defendant who pleads guilty
to felony charges (Fed. R. Crim. P. 7(b), 11(a), and 32(c)). In such cases, the United States
magistrate judge may conduct the proceedings required by Fed. R. Crim. P. 11, and, if the plea is
accepted, order a presentence investigation report pursuant to Fed. R. Crim. P. 32.
If the magistrate judge accepts the plea, the United States magistrate judge shall file a report and
recommendation with the district judge to whom the case has been assigned. A copy of such report
and recommendation shall be served on all parties. Within fourteen days after such service, any
party may file and serve written objections thereto, and any party desiring to oppose such
objections shall have seven days thereafter within which to file and serve a written response. The
district judge may accept, reject, or modify, in whole or in part, the report and recommendation of
the magistrate judge. Sentencing shall take place before the district judge to whom the case has
been assigned. This rule in no way precludes any district judge from reserving the function of
conducting the proceedings required by Rule 11 in any/all case(s) assigned to the district judge.
15
PLEADINGS AND PRETRIAL MOTIONS
(a) Reserved
(b) Motion Procedure
(1) Obligations of Movant. The moving party shall file and serve on each party that has
appeared in the action the motion and a proposed order. The argument in support of the
motion shall not be made in a separate document but shall be submitted as part of the
motion itself. The moving party shall also note the motion, as prescribed in subsection (6)
hereof. If the motion requires the consideration of facts not appearing of record, the movant
shall also serve and file copies of all affidavits and photographic or documentary evidence
presented in support of the motion. See LCR 5; CrR 49.1; CrR55.
(2) Obligations of Opponent. Each party opposing the motion shall, within seven days
after the filing of a motion and no later than one day before its noting date, file with the
clerk, and serve on each party that has appeared in the action, a brief in opposition to the
motion, together with any supporting material as provided in subsection (1) hereof. The
time for service and filing of the brief and any other materials in opposition to the motion
may be extended by the court or by written stipulation of the parties; however, the parties
may not stipulate to a response date later than the notingdate.
(3) Reply Brief. The moving party may, but is not required to, file and serve on each
party that has appeared in the action a reply brief in support of the motion, together with any
supporting material, no later than the noting date of the motion.
(4) Noncompliance. If a party fails to file the papers required by this rule, or fails to
appear on the day appointed for argument or hearing if such be required by the court, such
failure may be deemed by the court to be an admission that the motion, or the opposition
to the motion, as the case may be, is without merit.
(5) Length of Briefs. Supporting and opposition briefs filed in connection with any
pretrial motion shall not exceed twelve pages without prior approval of the court. Any reply
brief shall not exceed six pages without prior approval of the court. See LCR 10.
(6) Noting and Consideration of Motions. Unless otherwise authorized by the court,
motions shall be noted for consideration for the second Friday after the motion is filed. The
motion shall include in its caption (immediately below the title of the motion) a designation
of the Friday upon which the motion is to be noted upon the court’s motion calendar. A
motion may be noted for a Friday which is a holiday. The form shall be as follows:
NOTE ON MOTION CALENDAR: [insert date noted for consideration.]
(7) Meet and Confer Requirement. A motion in limine pursuant to CrR 23.2 and any
motion for an order compelling disclosure or discovery must include a certification, in the
motion or in a declaration or affidavit, that the movant has in good faith conferred or
attempted to confer with opposing counsel in an effort to resolve the dispute without court
action. The certification must list the date, manner, and participants to the conference. If
the movant fails to include such a certification, the court may deny the motion without
addressing the merits of the dispute. A good faith effort to confer with opposing counsel
requires a face-to-face meeting or a telephone conference. If the court finds that counsel
16
for any party willfully refused to confer, failed to confer in good faith, or failed to respond
on a timely basis to a request to confer, the court may take appropriate action.
(8) Same Day Motions. Stipulated or joint motions, motions to file over-length motions
or briefs, motions for reconsideration, ex parte motions, and motions to recuse shall be
noted for consideration for the day they are filed.
(9) Telephonic Motions. Upon the request of any party, and with the court’s approval, a
motion may be heard by telephone without the filing of motion papers, unless requested by the
court. No request for a telephonic motion shall be considered unless all counsel participate in
the call making the request, or unless it is represented by counsel making the call that reasonable
efforts have been made to include all counsel in the call, and that such efforts were unavailing.
Whether such telephonic motions will be considered, what procedural requirements will be
imposed, and the type of relief granted are within the sole discretion of the court. Any such
hearing shall be on the record.
(10) Motions for Relief from a Deadline. A motion for relief from a deadline should,
whenever possible, be filed sufficiently in advance of the deadline to allow the court to rule
on the motion prior to the deadline. Parties should not assume that the motion will be
granted and must comply with the existing deadline unless the court orders otherwise.
If a true, unforeseen emergency exists that prevents a party from meeting a deadline, and
the emergency arose too late to file a motion for relief from the deadline, the party should
contact the adverse party, meet and confer regarding an extension, and file a stipulation
and proposed order with the court. Alternatively, the parties may use the procedure for
telephonic motions outlined above. It is expected that if a true emergency exists, the parties
will stipulate to an extension.
(11) Emergency Motions. Motions to shorten time are abolished. If immediate action is
necessary, parties shall use the procedures outlined above. If the judge assigned to the case
is unavailable, any other judge may hear and dispose of the matter requiring immediate
attention, but such action shall not constitute reassignment of the case or proceeding.
(12) Evidentiary Hearings and Oral Arguments. Each motion and response shall state
whether an evidentiary hearing is requested. Unless otherwise ordered by the court, all
motions will be decided by the court without oral argument. A party desiring oral argument
shall so indicate by typing ORAL ARGUMENT REQUESTED in the caption of the motion
or responsive brief. If the court determines an evidentiary hearing is appropriate or grants
a request for oral argument, the clerk will notify the parties of the date and hour thereof.
Counsel shall not appear on the date the motion is noted unless so directed by the court.
(13) Reconsideration of Motions.
(A) Standards. Motions for reconsideration are disfavored. The court will
ordinarily deny such motions in the absence of a showing of manifest error in the
prior ruling or a showing of new facts or legal authority which could not have been
brought to its attention earlier with reasonable diligence.
(B) Procedure. A motion for reconsideration shall be plainly labeled as such.
The motion shall be noted for consideration on the day it is filed. The motion shall
point out with specificity the matters which the movant believes were overlooked
or misapprehended by the court, any new matters being brought to the court’s
17
attention for the first time, and the particular modifications being sought in the
court’s prior ruling. Failure to comply with this subsection may in itself be grounds
for denial of the motion.
(C) Response. No response to a motion for reconsideration shall be filed unless
requested by the court. No motion for reconsideration will be granted without such
a request. The request will set a time when the response is due, and may limit the
response to particular issues or points raised by the motion. A reply may be filed not
later than seven days after all responses have been served and filed or the time for
filing responses has expired, whichever is earlier.
(c) Time for Motions
At the time of arraignment the court shall set a date for the filing of pretrial motions. No motion
may be filed subsequent to that date except upon leave of court for good cause shown. If
arraignment is postponed at the request of the defendant, the deadline for filing and service of
pretrial motions shall be three weeks from the new arraignment date, unless the court otherwise
orders. In the event superseding charges are filed, counsel for defendant may apply to the district
judge or to the magistrate judge for additional time to file pretrial motions. Such application shall
be made on or before the date initially set for arraignment on the superseding charges. See CrR
23.2.
(d) through (h) Reserved
18
NOTICE OF AN ALIBI DEFENSE
RESERVED
19
NOTICE OF AN INSANITY DEFENSE; MENTAL EXAMINATION
RESERVED
20
NOTICE OF A PUBLIC-AUTHORITY DEFENSE
RESERVED
21
DISCLOSURE STATEMENT
RESERVED
22
NOTICE OF ENTRAPMENT DEFENSE
In addition to the requirements of Fed. R. Evid. 404(b), if, during the discovery conference or
thereafter, the attorney for the defendant advises the attorney for the government that the defense
is one of entrapment and provides a synopsis of the evidence of that defense, the attorney for the
government shall, within seven days or two weeks prior to trial, whichever is later, disclose a
synopsis of any other crimes, wrongs, or acts about which the government has information and
which is relevant to said defense and intended for use by the government in its case-in-chief or in
rebuttal.
23
JOINT TRIAL OF SEPARATE CASES
(a) Common Questions
When criminal cases involving common questions of law and fact (but not necessarily the same
parties) are assigned to different judges, there may be good reason to assign all of said cases to one
judge. Such may be assigned to the judge to whom the case bearing the earliest filing number was
assigned, at his or her option.
(b) Related Cases
Counsel are encouraged to file a notice of related case in order to bring such cases to the attention
of the court. The notice of related case should be filed in the case bearing the earliest filing number
and a copy thereof shall be served upon all counsel of record in all such cases.
(c) Consolidation
A motion for consolidation of indictments or informations under Fed. R. Crim. P. 13 shall be heard
by the judge to whom the case bearing the earliest filing number has been assigned, and in the
event consolidation is ordered, the consolidated cases shall be heard by said judge.
24
RELIEF FROM PREJUDICIAL JOINDER
RESERVED
25
DEPOSITIONS
RESERVED
26
**
DISCOVERY AND INSPECTION
The purposes of this rule are to expedite the transfer of discoverable material contemplated by the
Federal Rules of Criminal Procedure between opposing parties in criminal cases and to ensure that
pretrial discovery motions to the court are filed only when the discovery procedures outlined herein
have failed to result in the exchange of all legitimately discoverable material. It is the intent of the
court to encourage complete and open discovery consistent with applicable statutes, case law, and
rules of the court at the earliest practicable time. Nothing in this rule should be construed as a
limitation on the court’s authority to order additional discovery.
(a) Discovery Conference
At every arraignment at which the defendant enters a plea of not guilty, or other time set by the
court, the attorney for the defendant shall notify the court and the attorney for the United States,
on the record, or thereafter in writing, whether discovery by the defendant is requested. If so
requested, at the Fed. R. Crim. P. 16.1(a) discovery conference no later than 14 days after the
arraignment, the attorney for the defendant and the attorney for the government shall, if reasonably
feasible, comply with the obligations imposed by subsections 16(a)(2) and 16(a)(3) of this rule and
try to agree on a timetable and procedures for pretrial disclosure to the opposing party of any
additional information in their custody or control or which by due diligence may become known
to them. This conference shall be in person. If, however, it is impractical to meet in person, the
conference may be conducted via telephone.
(1) Proposed Topics for Discussion.
During the conference, or as soon as practicable thereafter considering the size and
complexity of the case, the parties should consider ways in which to ensure simplicity in
procedure, fairness in administration and the elimination of unjustifiable expense and
delay.
If discovery includes electronically stored information, the parties shall discuss the issues
listed in the ESI Discovery Production Checklist set out in the Recommendations for
Electronically Stored Information (ESI) Discovery Production in Federal Criminal Cases
(2012) (National ESI Protocols), found in Appendix B, including subsequent updates.
Other topics for discussion may include:
(A) Whether there is likely to be additional discovery material to be provided
and if so:
i. The expected timing for the production of that discovery;
ii. The expected timing for the production of reciprocal discovery;
(B) Whether there are likely to be affirmative defenses and the timing of those
disclosures;
(C) Whether the case can be resolved through plea negotiations and the
appropriate timing for making and responding to plea offers;
27
(D) Whether consideration should be given to proposing a scheduling order to
the Court to reflect discovery agreements and to propose dates for various filings
different from those already required by the rules, including the following:
i. The filing and responding to pretrial motions (see CrR12(c)), and
motions in limine (see CrR 23.2);
ii. The early exchange of preliminary, non-binding exhibit lists and
witness lists (see CrR 23.3) in order to facilitate the efficient review of
discovery and preparation for trial;
iii. The exchange of final exhibit lists and witness lists; and
iv. The timing of expert disclosure;
(E) Whether the parties have a different view of the length of trial than originally
estimated by the United States;
(F) Whether the trial date set at arraignment is realistic and, if not, what a
realistic date might be;
(G) Whether it would be beneficial to have one or more status conferences in the
case, and the schedule for such conferences (see CrR 17.1(a)).
(2) Discovery from the Government.
Consistent with any scheduling order entered by the Court, any timetable agreed to by the
parties, or if reasonably feasible at or before the discovery conference the attorney for the
government shall comply with its obligation for disclosure of the information and material
required by Fed. R. Crim. P. 16(a) and all exculpatory information, including, but not
limited to, the following:
(A) Permit defendant’s attorney to inspect and copy or photograph any
photographs used in any photograph lineup, show up, photo spread, or any other
identification proceedings or, if no such photographs can be produced, the
government shall notify the defendant’s attorney whether any such identification
proceeding has taken place and the results thereof;
(B) Permit defendant’s attorney to inspect and copy or photograph any search
warrants and supporting affidavits which resulted in the seizure of evidence which
is intended for use by the government as evidence in chief at trial or which was
obtained from, or belongs to, the defendant;
(C) Inform the defendant’s attorney whether any physical evidence intended to
be offered in the government’s case-in-chief, the admissibility of which the
defendant may have standing to challenge, was seized by the government pursuant
to any exception to the warrant requirement;
(D) Advise whether the defendant was a subject of any electronic eavesdrop,
wire tap, or any other interception of wire or oral communications as defined by 18
U.S.C. § 2510, et seq., during the course of the investigation of the case; and
28
(E) Advise the attorney for the defendant whether the government will provide
addresses for the witnesses it intends to call in its case-in-chief at trial. If no time to
provide a witness list is agreed between the parties or the court has not adopted a
specific scheduling order then the parties shall comply with CrR 23.3.
The attorney for the government is not required, however, to produce any
statements of witnesses which fall within the purview of 18 U.S.C. § 3500 and Fed.
R. Crim. P. 26.2, until such time as required under those provisions.
(3) Discovery From Defendant.
If discovery has been requested from the United States, consistent with any scheduling
order entered by the Court, any timetable agreed to by the parties, or if reasonably feasible
at the discovery conference, the defense shall comply with the requirements in Fed. R.
Crim. P. 16(b). In addition, the defendant’s attorney shall advise the attorney for the
government if it will provide addresses for the witnesses it intends to call in its case-in-
chief at trial. If no time to provide a witness list is agreed between the parties or the Court
has not adopted a specific scheduling order, then the parties shall comply with CrR 23.3.
(4) Substantial Expenses Relating to Discovery.
(A) At the discovery conference, counsel shall discuss whether discovery in the
case might involve substantial expense, including the expense of storage,
distribution, or organization of electronically stored information. Counsel shall
discuss whether a discovery coordinator for the case should be appointed.
(B) If counsel for any party believes that the case might involve substantial
expense or that a discovery coordinator for the case should be appointed, the parties
shall submit to the court, within seven days after the discovery conference, a joint
status report reciting the parties’ respective views on these issues.
(C) If, after the discovery conference, counsel for any party believes that
circumstances have changed, counsel shall confer and the parties shall, if
appropriate, file a joint status report reciting the parties’ respective views. See CrR
17.1(a).
(b) Declination of Disclosure
If, in the judgment of the attorney for the government or of the defendant’s attorney, it would not
be in the interest of justice to make any one or more of the disclosures set forth in the subsections
of this rule, disclosure may be declined. A declination of any requested disclosure shall be in
writing, directed to opposing counsel. In the event either the attorney for the government or
attorney for the defendant declines to provide the names and addresses of witnesses, such a
declination shall, in addition, state the particular reasons for the declination. The declination shall
be served on opposing counsel and a copy filed with the court at least seven days before the pretrial
motions deadline.
(c) Statements of Witnesses
Statements of witnesses, including material covered by Fed. R. Crim. P. 26.2, 18 U.S.C. § 3500,
and Fed. R. Crim. P. 6, are to be exchanged:
29
(1) During the time of trial as provided by Fed. R. Crim. P. 26.2, and 18 U.S.C. § 3500;
or
(2) At any time if the parties agree; and
(3) Production of statements of witnesses at a hearing on a motion to suppress evidence
will be governed by Fed. R. Crim. P. 12(h).
.
(d) Further Discovery or Inspection
If discovery or inspection beyond that provided for above is sought by either counsel, the attorney
for the government and the defendant’s attorney shall confer with a view toward satisfying these
requests in a cooperative atmosphere without recourse to the court. The request for further
discovery may be oral or written and the response shall be a like manner. Only in the event that
either party’s request for any discovery or inspection cannot be satisfied without recourse to the
court may either party move for additional discovery or inspection.
Any motion for further discovery or inspection shall be filed in compliance with these Local
Criminal Rules.
(e) Certification of Compliance
All motions for disclosure or discovery shall contain a certification that the movant has complied
with CrR 12(b)(7).
** See Electronic Discovery and Technology Requirements for Criminal Cases, adopted January 2017, available at
http://www.wawd.uscourts.gov.
30
SUBPOENA (OBTAINING THE PRESENCE OF WITNESSES)
(a) Reserved
(b) Defendant Unable to Pay
(1) Payment of Witnesses. The United States Marshal shall pay witness costs and fees
incurred pursuant to Fed. R. Crim. P. 17(b), and subsection (2) below.
(2) In-District Services. By presenting a copy of the order of appointment to the U.S.
Marshal’s Office, a court-appointed attorney may:
(A) Have in-district witnesses served by the United States Marshal; and
(B) Have in-district witnesses paid attendance fees when also providing the
documentation required by the U.S. Marshal’s Office.
(3) Other Costs. To be allowable, any other costs or fees for defendants unable to pay
must be authorized by court order pursuant to Fed. R. Crim. P. 17(b). Service of any out-
of-district subpoenas issued pursuant to this subsection is to be done by the U.S. Marshal
unless otherwise ordered by the court. Ex parte applications and orders thereon may be
filed and maintained under seal until the witnesses have testified.
(4) Nondisclosure of Witnesses. Except as authorized by the court-appointed attorney
or defendant found financially unable to pay, the United States Marshal shall not disclose
the name and address of persons served pursuant to this rule; and returns of service on such
witnesses are to be filed and maintained under seal until the witnesses have testified.
(c) through (h) Reserved
(i) Subpoena Alternatives
See MJR 1(b) which authorizes magistrate judges to issue writs of habeas corpus ad testificandum
and other orders or warrants to obtain the presence of witnesses.
31
PRETRIAL AND STATUS CONFERENCES
(a) Policy and Procedure
Any party may request that the court schedule a pretrial or status conference with the trial judge
prior to trial. The purpose of such conference or conferences shall be to address outstanding
motions, the status of discovery, scheduling, and such other matters as may be appropriate. The
parties are encouraged to utilize status and pretrial conferences in complex criminal cases.
(b) Recordation
All pretrial and status conferences in felony cases shall be recorded.
(c) Presence of Defendant
A defendant is required to be present at a pretrial or status conference unless the nature of the
hearing is such that the defendant’s presence is not required under Fed. R. Crim. P. 43.
32
SETTLEMENT CONFERENCES
REPEALED
33
PLACE OF PROSECUTION AND TRIAL (ASSIGNMENT OF CASES)
Cases involving federal felonies committed in the Western District of Washington’s six “Seattle”
counties (Island, King, San Juan, Skagit, Snohomish and Whatcom), in the absence of a court order
directing otherwise, shall be assigned equally among the Seattle district judges; and those in the
other thirteen “Tacoma” counties (Clallam, Clark, Cowlitz, Grays Harbor, Jefferson, Kitsap,
Lewis, Mason, Pacific, Pierce, Skamania, Thurston, Wahkiakum) shall likewise be assigned
equally among the Tacoma district judges. In cases involving multiple felony charges committed
in both “Seattle” and “Tacoma” counties, the United States Attorney’s Office may designate the
case as a Seattle or Tacoma case, subject to reassignment upon motion of a defendant, or upon the
court’s own motion, based upon the convenience of the defendant(s) and the witnesses, and the
prompt administration of justice.
The above shall also apply to all proceedings before U.S. district judges in cases involving
misdemeanors, including petty offenses and infractions.
Assignments are subject to such changes as may be established by the chief judge for the purposes
of equitable assignment of cases to all judges of the district.
The place of trial shall be the courtroom regularly assigned to the judge handling the case, unless
otherwise ordered. A party wishing trial at some other place within the district or elsewhere shall
move for the same within the time allowed for filing pretrial motions under these rules.
34
RESERVED
35
TRANSFER FOR PLEA AND SENTENCE
RESERVED
36
TRANSFER FOR TRIAL
(a) through (c) Reserved
(d) Time to File a Motion to Transfer.
A motion to transfer a trial under Fed. R. Crim. P. 21 shall be made within the time allowed for
filing pretrial motions under CrR 12.
37
RESERVED
38
JURY OR NONJURY TRIAL
RESERVED
39
TRIAL BRIEF
The government shall serve and file a trial brief discussing matters of substantive law involved in
the trial and important or unusual evidentiary matters at least 14 days prior to the trial date. Motions
contained in the trial brief will not be considered by the Court. The defense shall file and serve a
trial brief ten days before trial. If the government or the defense produces discovery after the date
on which a trial brief is to be filed, the opposing party may file a supplemental trial brief after the
deadline provided by this rule provided that the supplemental trial brief is directed only at this
subsequently-produced information.
40
MOTIONS IN LIMINE
The parties must meet and confer prior to the filing of a motion in limine pursuant to CrR 12(b)(7).
Unless otherwise ordered by the court, motions in limine shall be filed at least ten days before trial.
Responses to motions in limine shall be filed at least five days before trial. No reply shall be filed
unless requested by the court. If the government or the defense produces discovery after the date
on which motions in limine are to be filed, the opposing party may file a motion in limine after the
deadline provided by this rule provided that the motion is directed only at this subsequently-
produced information.
41
EXHIBIT LISTS AND WITNESS LISTS
(a) Exhibit Lists
Unless a specific scheduling order has been adopted for the case, the government shall file its list
of case-in-chief exhibits 14 days in advance of the trial date. The defense shall file its list of case-
in-chief exhibits no later than ten days in advance of trial. The list of exhibits filed by the defense
should not duplicate any exhibit otherwise listed on the government’s list of exhibits, upon which
the defense can rely.
(b) Witness Lists
Unless a case-specific scheduling order or protective order entered by the court provides otherwise,
in the absence of witness safety concerns, the government must provide a list of proposed case-in-
chief witnesses to the court and the defense no later than 14 days prior to trial, and the defense
must provide its list of proposed case-in-chief witnesses to the court and the government no later
than 10 days prior to trial. Witness lists need not be filed until directed by the court. Where
reasonable and articulable witness safety concerns are present, the government may redact the
names of witnesses for whom such concerns are presented, while still identifying the number of
witnesses, both named and redacted on its list.
42
TRIAL JURORS
(a) Examination
Each party shall prepare any suggested questions for the court to propound to the jurors, which
shall be served and filed at least ten days before the trial date.
(b) through (c) Reserved
(d) Disclosure of Identifying Juror Information
Names of trial jurors shall not be disclosed to the public or media outside open court, except upon
order of the court. A request for disclosure of petit juror names to the public or media must be
made to the presiding judge. Juror names which may be part of a transcript of court proceedings
will be restricted from remote electronic public access. Counsel may not release a jury list or a
transcript of voir dire to a defendant except upon order of the court.
43
JUDGE’S DISABILITY
RESERVED
44
TAKING OF TESTIMONY (AND EXHIBIT HANDLING)
(a) Procedure at Trial
(1) In the trial the United States shall open the cause by stating generally what it expects
to prove. Each defendant may either then, or after the United States has closed its evidence
in chief, state generally what he or she expects to prove. After all the evidence on each side
is in, the United States may argue the cause to the court or jury, as the case may be, and
shall, during such argument, state fully all of its points and refer to all of its authorities, or
be precluded from a reply. Each defendant may then argue his or her case, and the United
States may close.
(2) Unless otherwise permitted by the court, counsel shall conduct the examination of
witnesses and argument to the court or jury from the lectern, and counsel shall rise upon
making objections or otherwise addressing the court.
(b) Examination of Witnesses
On the trial of an issue of fact, only one attorney for each party shall examine or cross-examine
any witness unless otherwise ordered by the court.
(c) Expert Witnesses
Except as otherwise ordered by the court, a party shall not be permitted to call more than one
expert witness on any subject.
(d) Attorney as Witness
If an attorney for any party be examined as a witness on behalf of a party he or she represents and
gives testimony on the merits, he or she shall not argue the merits of the cause, either to the court
or jury, except by the consent of the opposite party and the permission of the court.
(e) Custody and Disposition of Exhibits
See LCR 79(g).
45
FOREIGN LAW DETERMINATION
RESERVED
46
PRODUCING A WITNESS’S STATEMENT
RESERVED
See CrR 16(f).
47
48
49
50
51
CLOSING ARGUMENT
RESERVED
52
JURY INSTRUCTIONS
(a) Proposed Instructions Required
Unless a specific scheduling order has been adopted for the case, the government shall file its
proposed jury instructions 14 days in advance of the trial date. The defense may file any proposed
alternative or supplemental instructions no later than ten days in advance of trial. The government
may file any supplemental instructions based on the defense filing no later than five days in
advance of trial.
Each party has the right to propose additional or modified instructions during the course of the
trial.
(b) Format
Each proposed instruction shall be numbered consecutively as “Plaintiff’s (or Government’s or
Defendant’s) proposed Instruction No. (fill in number),” and each shall reflect, at the foot of the
page, any supporting authority for the instruction.
(c) Filing and Service
All proposed instructions must be served on all parties, filed in the docket, and attached as a Word
or WordPerfect compatible file to an e-mail sent to the e-mail orders address of the assigned judge
pursuant to the court’s electronic filing procedures. The assigned judge may impose additional
requirements for submitting proposed jury instructions during a pre-trial conference, in the
applicable case management order, or by other order. Further clarification may be obtained by
reviewing the assigned judge's web page at http://wawd.uscourts.gov and/or by contacting the
assigned judge's in-court deputy.
(d) Reading Instructions Prior to Argument
The court will normally read instructions to the jury after the close of evidence and prior to
argument.
(e) Copy of Instructions for Jury Use
A written set of the court’s instructions shall be given to the jury when they retire to deliberate
their verdict.
53
JURY VERDICT
(a) Receiving the Verdict
The defendant or defendants shall be present to receive the verdict of the jury, except as provided
in Fed. R. Crim. P. 43(b). One attorney for each party shall also be present.
(b) through (d) Reserved
(e) Contacting Jurors After Trial (Verdict)
Counsel 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.
54
SENTENCING AND JUDGMENT
(a) through (c) Reserved
(d) Presentence Report
(1) through (3) Reserved
(4) When Made. If a defendant desires preparation of a presentence report and its
review by the court prior to entry of a guilty plea or acceptance of a plea agreement by the
court, the defendant shall execute an appropriate request and waiver.
(5) Confidentiality. Each copy of a probation department presentence report which this
court has or does make available to the United States Parole Commission, the Bureau of
Prisons, the United States Sentencing Commission or any other agency for any reason
whatever constitutes a confidential court document and shall be presumed to remain under
the continuing control of the court during the time that such presentence report is in the
temporary custody of any of those agencies. Such copy of the presentence report shall be
provided to such agency only for the purpose of enabling the agency to carry out its official
functions.
(6) Final Presentence Report. The final presentence report shall be provided to counsel
for the parties at least 14 days in advance of the sentencing date.
(e) through (h) Reserved
(i) Sentencing
(1) Sentencing Hearing.
(A) Section 5K1.1 Motions. If the government intends to file a § 5K1.1 motion
for substantial assistance, the motion must be served on all counsel and filed under
seal at least fourteen days prior to sentencing. In such event, the government must
also serve and file under seal a written statement of the nature and extent of the
defendant’s cooperation. Any motion under § 5K1.1 and the supporting written
statement must also be provided to the probation officer who has prepared the
presentence report. If the government files a § 5K1.1 motion requesting that the
court depart from the Guidelines, the defendant may file, in response, his or her
version of the defendant’s cooperation. Any such response by the defendant must
be filed at least seven days prior to sentencing and may be included in the
defendant’s sentencing memorandum. A duplicate copy of all pleadings shall also
be filed for the sentencing judge.
(B) Continuance of Sentencing Date. The sentencing court may continue the
sentencing date on its own motion; or upon a telephonic request of a party or the
U.S. Probation Office through the judge’s courtroom clerk based on the need for
more time. A party or a U.S. Probation Officer seeking a continuance should be in
a position to advise the courtroom clerk as to whether or not the request is opposed
by any party or by the U.S. Probation Office.
(C) Acceptance of Responsibility. In the event that a defendant wishes to
provide a written statement accepting responsibility, the statement should be signed
55
by the defendant. The original should be provided to the U.S. Probation Office with
a copy to the United States Attorney at least 21 days prior to sentencing.
(D) Sentencing Memorandum. Counsel for the United States or for a defendant
shall serve copies of any sentencing memorandum or related documents upon the
opposing party and upon the U.S. Probation Office and file such materials at least
seven days prior to sentencing.
(E) Evidentiary Hearing. At least seven days prior to the sentencing hearing,
counsel shall inform the probation officer and Clerk’s Office whether or not an
evidentiary hearing will be requested at the sentencing and, if so, whether witnesses
will be called, who they will be, and an estimated length of the hearing.
(j) and (k) Reserved
56
REVOKING OR MODIFYING PROBATION OR SUPERVISED RELEASE
A magistrate judge shall conduct all probation or supervised release revocation proceedings as to a
defendant originally sentenced by a magistrate judge. In revocation proceedings relating to
defendants sentenced by a district judge, initial appearances shall be conducted by a magistrate
judge, unless otherwise ordered by a district judge. In the case of an initial appearance scheduled
to take place pursuant to a summons, defense counsel shall, if possible, consult with the defendant
in advance of the hearing and shall attempt to determine whether the defendant intends to admit
the violations. If defense counsel determines that the defendant will admit the violations, defense
counsel shall notify the magistrate judge. The magistrate judge may then strike the scheduled initial
appearance and schedule a single hearing in front of the district judge that shall also serve as both
the initial appearance and the disposition hearing. If, in a hearing before a magistrate judge, the
defendant admits the alleged violation or violations, such admission shall constitute a waiver of a
revocation hearing pursuant to Fed. R. Crim. P. 32.1(b)(2), and the matter shall be set for
disposition before a district judge. If the defendant denies the alleged violation or violations, the
matter will be decided by a district judge.
57
CRIMINAL FORFEITURE
RESERVED
58
NEW TRIAL
RESERVED
59
ARRESTING JUDGMENT
RESERVED
60
CORRECTING OR REDUCING A SENTENCE
RESERVED
61
CLERICAL ERROR
RESERVED
62
RULING ON A MOTION FOR RELIEF THAT IS BARRED BY A PENDING APPEAL
RESERVED
63
STAYING A SENTENCE OR A DISABILITY
RESERVED
64
RESERVED
65
ARREST FOR FAILING TO APPEAR IN ANOTHER DISTRICT OR FOR VIOLATING
CONDITIONS OF RELEASE SET IN ANOTHER DISTRICT
RESERVED
66
SEARCH AND SEIZURE
(a) through (d)(2) Reserved
(d)(3) Search Warrant Applications by Telephone or Other Reliable Electronic Means
Search warrant applications that are to be presented by telephone or other reliable electronic means
may be made to a magistrate judge of this district only under the circumstances described below
unless otherwise ordered by a United States district judge of this district. Whenever possible, the
magistrate judge shall have voice recording equipment available to record all telephonic
applications for search warrants.
(1) An application for a search warrant may be presented by reliable electronic means
or by telephone only with the prior approval of the United States Attorney, or an Assistant
United States Attorney, for this district.
(A) When the search warrant application is to be presented by reliable electronic
means, prior to calling the magistrate judge, the law enforcement agent shall
prepare, and the Assistant United States Attorney shall review, the form of the
affidavit and proposed search warrant to be presented.
(B) In the rare case when a warrant application is to be made solely by
telephone, prior to calling the magistrate judge, the law enforcement agent and the
Assistant United States Attorney shall have agreed to a form of affidavit which can
be read to the magistrate judge verbatim insofar as circumstances permit.
(2) The presentation of a search warrant application by telephone or other electronic
means must be made by a conference call in which both a law enforcement agent and an
Assistant United States Attorney are able to converse with the magistrate judge, unless the
magistrate judge excuses this requirement.
(3) The magistrate judge must decide whether the circumstances are such that it is
reasonable to dispense with the personal appearance of the law enforcement officer and
permit the warrant application to be presented by reliable electronic means or whether the
circumstances constitute the rare event when a telephonic search warrant application may
be presented. Among the non-exclusive factors the magistrate judge should consider in
making this determination are:
(A) Whether the agent can appear before the magistrate judge during regular
court hours;
(B) Whether the agent requesting a search warrant is a significant distance from
the magistrate judge;
(C) Whether the factual situation is such that it would be unreasonable for a
substitute agent, who is located near the magistrate judge, to present a written
affidavit in person to the magistrate judge in lieu of proceeding with an application
presented by other reliable electronic means or as a telephonic application; and,
(D) The possibility that if a search warrant were not issued pursuant to the
telephone application, there would be a significant risk that evidence would be
destroyed.
67
(4) If the warrant application is made by telephone, on the first day following the
issuance of a search warrant based on a telephonic application, the magistrate judge shall
have a duplicate recording made of the application, furnish that recording to the United
States Attorney’s Office who shall cause a transcription of the recording to be made and
returned to the magistrate judge.
(5) Deviation from the procedures set forth in this rule may be grounds for the
magistrate judge to refuse a warrant application, but shall not necessarily be grounds for a
motion to suppress evidence which has been seized.
(e) (e) through (i) Reserved
68
CRIMINAL CONTEMPT
RESERVED
69
DEFENDANT’S PRESENCE
RESERVED
70
RIGHT TO AND APPOINTMENT OF COUNSEL
RESERVED
71
LEGAL INTERNS
See LCR 83.4.
72
COMPUTING AND EXTENDING TIME
RESERVED
For a Time Table of trial events under these local rules, see Appendix A.
73
RELEASE FROM CUSTODY; SUPERVISING DETENTION
(a) Release Prior to Trial
(1) Pursuant to the Pretrial Services Act of 1982 (18 U.S.C. §§ 3152, 3155), the court
authorizes U.S. Probation and Pretrial Services of the Western District of Washington to
perform all pretrial services as provided by the Act.
(2) Upon notification that a defendant has been arrested, pretrial service officers will
conduct a prerelease interview as soon as practicable, if counsel for defendant consents.
Counsel for defendant shall be allowed to be present at any such interview. The judicial
officer setting conditions of release or reviewing conditions previously set shall receive and
consider reports submitted by pretrial service officers.
(3) Appearance bonds and related documents shall be on such forms as are approved by
the court.
(b) through (j) Reserved
74
MOTIONS AND SUPPORTING AFFIDAVITS
RESERVED
See CrR 12.
75
DISMISSAL
RESERVED
76
SERVING AND FILING PAPERS
RESERVED
77
PRIVACY PROTECTION FOR FILINGS MADE WITH THE COURT
(a) Redacted Filings.
Parties shall refrain from including, or shall partially redact where inclusion is necessary, the
following personal data identifiers from all documents filed with the court or used as exhibits in
any hearing or at trial, unless otherwise ordered by the court:
(1) Dates of Birth - redact to the year of birth
(2) Names of Minor Children - redact to the initials
(3) Social Security Numbers and Taxpayer-Identification Numbers- redact in their
entirety
(4) Financial Accounting Information - redact to the last four digits
(5) Passport Numbers and Driver License Numbers - redact in their entirety
(6) Home Addresses - redact to the city and state of the address.
(b) through (h) Reserved
See CrR 55(b) & (c).
78
PROMPT DISPOSITION
RESERVED
79
PRESERVING CLAIMED ERROR
RESERVED
80
HARMLESS AND PLAIN ERROR
RESERVED
81
REGULATION OF CONDUCT
(a) Release of Information by Attorneys
It is the duty of the lawyer for the prosecution or for the defense not to release or authorize the
release of information or opinion for dissemination by any means of public communication, in
connection with pending or imminent criminal litigation with which he is associated, if there is a
reasonable likelihood that such dissemination will interfere with a fair trial or otherwise prejudice
the due administration of justice.
With respect to a pending investigation of any criminal matter, a lawyer participating in the
investigation shall refrain from making any extra-judicial statement, for dissemination by any
means of public communication, that goes beyond the public record or that is not necessary to
inform the public that the investigation is underway; to describe the general scope of the
investigation; to obtain assistance in the apprehension of a suspect; to warn the public of any
dangers; or otherwise to aid in the investigation.
From the time of arrest, issuance of an arrest warrant or the filing of a complaint, information, or
indictment in any criminal matter until the commencement of trial or disposition without trial, a
lawyer associated with the prosecution or defense shall not release or authorize the release of any
extra-judicial statement, for dissemination by any means of public communication, relating to that
matter and concerning:
(1) The prior criminal record (including arrests, indictment, or other charges of crime),
or the character or reputation of the accused, except that the lawyer may make a factual
statement of the accused’s name, age, residence, occupation and family status, and if the
accused has not been apprehended, a lawyer associated with the prosecution may release
any information necessary to aid in his apprehension or to warn the public of any dangers
he may present;
(2) The existence or contents of any confession, admission, or statement given by the
accused, or the refusal of the accused to make any statement;
(3) The performance of any examinations or tests or the accused’s refusal or failure to
submit to an examination or test;
(4) The identity, testimony, or credibility of prospective witnesses, except that the
lawyer may announce the identity of the victim if the announcement is not otherwise
prohibited by law;
(5) The possibility of a plea of guilty to the offense charged or a lesser offense;
(6) Any opinion as to the accused’s guilt or innocence or as to the merits of the case or
the evidence in the case.
The foregoing shall not be construed to preclude the lawyer during this period in the proper
discharge of his official or professional obligations, from announcing the fact and
circumstances of arrest (including time and place of arrest, resistance, pursuit, and use of
weapons); the identity of the investigating and arresting officer or agency and the length of
the investigation; from making an announcement, at the time of seizure of any physical
evidence other than a confession, admission or statement, which is limited to a description
82
of the evidence seized; from disclosing the nature, substance, or text of the charge,
including a brief description of the offense charged; from quoting or referring without
comment to public records of the court in the case; from announcing the scheduling or
result of any stage in the judicial process; from requesting assistance in obtaining evidence;
or from announcing without further comment that the accused denies the charges made
against him.
During the trial of any criminal matter, including the period of selection of the jury, no
lawyer associated with the prosecution or defense shall give or authorize any extra- judicial
statement or interview, relating to the trial or the parties or issues in the trial, for
dissemination by any means of public communication, except that the lawyer may quote
from or refer without comment to public records of the court in the case.
After the completion of a trial or disposition without trial of any criminal matter, and prior
to the imposition of sentence, a lawyer associated with the prosecution or defense shall
refrain from making or authorizing any extra-judicial statement for dissemination by any
means of public communication if there is a reasonable likelihood that such dissemination
will affect the imposition of sentence.
Nothing in this rule is intended to preclude the formulation or application of more
restrictive rules relating to the release of information about juvenile or other offenders, to
preclude the holding of hearings or the lawful issuance of reports by legislative,
administrative or investigative bodies, or to preclude any lawyer from replying to charges
of misconduct that are publicly made against him.
(b) Release of Information by Courthouse Personnel
All courthouse personnel, including among others, court clerks, court reporters, law clerks,
secretaries, probation officers, the U.S. Marshal, and deputy marshals, are prohibited from
disclosing to any person, without authorization by the court, information relating to a pending
criminal case that is not part of the public records of the court. All such personnel are specifically
prohibited from divulging information concerning arguments and hearings held in chambers or
otherwise outside the presence of the public.
(c) Conduct of Proceedings in a Widely Publicized or Sensational Case
In a widely publicized or sensational case likely to receive massive publicity, the court, on its own
motion, or on motion of either party, may issue a special order governing such matters as extra-
judicial statements by lawyers, parties, witnesses, jurors and court officials likely to interfere with
the rights of the accused to a fair trial by an impartial jury, the seating and conduct in the courtroom
of spectators and news media representatives, the management and sequestration of jurors and
witnesses, and any other matters which the court may deem appropriate for inclusion in such an
order. Such special order may be addressed to some or all of the following subjects:
(1) A proscription of extra-judicial statements by participants in the trial, including
lawyers, parties, witnesses, jurors, and court officials, which might divulge prejudicial
matter not of public record in the case;
(2) Specific directives regarding the clearing of entrances to and hallways in the
courthouse and respecting the management of the jury and witnesses during the course of
the trial so as to avoid their mingling with or being in the proximity of reporters,
83
photographers, parties, lawyers, and others, both in entering and leaving the courtroom and
courthouse, and during recesses in the trial;
(3) Specific direction that the jurors refrain from reading, listening to, or watching news
reports concerning the case, and that they similarly refrain from discussing the case with
anyone during the trial and from communicating with others in any manner during their
deliberations;
(4) Sequestration of the jury on motion of either party or the court, without disclosure
of the identity of the movant;
(5) Direction that the names and addresses of jurors or prospective jurors not be publicly
released except as required by statute, and that no photograph be taken or sketch be made
of any juror within the environs of the court;
(6) Insulation of witnesses from news interviews during the trial period;
(7) Specific provision regarding the seating of spectators and representatives of news
media, including:
(A) An order that no member of the public or news media representatives be at
any time permitted within the bar railing;
(B) The allocation of seats to news media representatives in cases where there
are an excess of requests, taking into account any pooling arrangement that may
have been agreed to among the newsmen.
The above list of subjects is not intended to be exhaustive, but is merely illustrative
of subject matters which might appropriatelybe dealt with in such an order.
(d) Pretrial Publicity
Nothing in this rule or any other criminal rule of this court is intended to restrict the media’s right
to full pretrial coverage of news pursuant to the First Amendment to the United States Constitution.
To assure this right, notice of presentation to the court of any motion for an order affecting the
news media’s right to full pretrial coverage of pending or impending criminal proceedings must
be served by movant upon designated representatives of the principal public media at least twenty-
four hours prior to presentation. The designated representative or representatives shall have the
right to be heard by the court, in open court, at the time the motion is presented.
84
RESERVED
85
RECORDS
(a) Files - Custody and Withdrawal
See LCR 79(f).
(b) Matters To Be Filed Under Seal
If the following matters or items are filed, they shall be filed under seal, with access provided only
to court staff:
(1) grand jury matters;
(2) pretrial services reports;
(3) petitions for warrant, until the defendant appears on the petition;
(4) financial affidavits in support of motions for appointment of counsel;
(5) materials relating to motions for leave to withdraw as counsel;
(6) psychological or psychiatric reports;
(7) lists of prospective or seated jurors;
(8) transcripts of voir dire;
(9) materials relating to § 5K1.1 motions;
(10) release status reports;
(11) final presentence reports;
(12) the judge’s statement of reasons for the sentence imposed; and
(13) documents received from a defendant who is represented by counsel, pending
review by and specific order of the court.
(c) Motions to Seal
If a party wishes to file under seal materials other than those enumerated in CrR 55(b), a motion
or stipulated motion to seal must be made or filed before or at the same time the party files the
sealed materials. The motion should set forth a specific statement of the applicable legal standard
and the reasons for keeping a document under seal, with evidentiary support from declarations
when necessary. The party filing the sealed materials shall comply with the requirements of LCR
5(g)(2) and (6) unless otherwise ordered. Parties may file a motion or stipulated motion requesting
that the court unseal a document.
86
WHEN COURT IS OPEN
(a) Reserved
(b) Hours and Closures.
The court’s hours and holiday closures are set forth on the court’s website at
http://www.wawd.uscourts.gov.
(c) Reserved
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DISTRICT COURT RULES
RESERVED
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PETTY OFFENSES AND OTHER MISDEMEANORS
(a) Reserved
(b) Pretrial Procedure
All informations, indictments, citations, or other instruments on file with the clerk which charge
only misdemeanors (including such cases transferred to this district under Fed. R. Crim. P. 20)
shall upon filing with the clerk be designated for proceeding before a magistrate judge. If the
defendant does not consent to trial and/or disposition before a magistrate judge, and if such consent
is required, the clerk shall reassign the case for trial and/or disposition before a district court judge.
(c) Reserved
(d) Securing the Defendant’s Appearance; Payment in Lieu of Appearance.
(1) Forfeiture of Collateral. Payment of sums fixed in this court’s Schedule of
Forfeitable Bail may be accepted in lieu of appearance and as authorizing termination of
the proceedings.
Where such proceedings involve a charge of moving traffic violations, the Clerk shall
transmit a copy of the charge to the appropriate state’s driver licensing authority, and
identify it as a record of conviction. A copy of the current “Schedule of Forfeitable Bail
and Mandatory Appearances for Misdemeanors and Infractions in the Western District of
Washington” is available at the Clerk’s Office.
(2) through (3) Reserved
(e) through (f) Reserved
(g) Appeal
(1) Reserved
(2) Decision, Order, Judgment or Sentence by a Magistrate Judge.
(A) through (B) Reserved
(C) Record — 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, that party shall be
responsible for arranging for and paying the costs 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. Counsel for appellant shall arrange
to have such transcript filed within twenty-one days after the Notice of Appeal is
filed; but upon motion made within such time, the district judge may extend the
deadlines for transcript and briefs.
(D) Reserved
(E) Briefs. Appellant shall file and serve an opening brief within twenty-eight
days after filing the Notice of Appeal. Appellee shall file and serve a response brief
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in response within fourteen days thereafter. Appellant may file and serve a reply
brief within seven days thereafter. If appellant is pro se, appellant may file a short
statement of the issues for the court to consider on appeal, instead of a formal brief.
(F) Oral Argument. The district judge shall have discretion whether to schedule
oral argument on an appeal. Any party may request oral argument not later than the
deadline for the filing of his initial brief.
(3) Reserved
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MATTERS BEFORE A MAGISTRATE JUDGE
RESERVED
91
VICTIM’S RIGHTS
RESERVED
92
TITLE
RESERVED
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APPENDIX A
LOCAL CRIMINAL RULES, WESTERN DISTRICT OF WASHINGTON
TIMETABLE — TRIAL AND SENTENCING EVENTS
EVENT TIME, DATES AND LIMITS RULE
1. Trial Date Set at arraignment - Speedy Trial Act CrR 10
2. Discovery Conference To be held within 14 days after request for CrR 16(a)
discovery, usually within 2 weeks after
arraignment
3. Motion Filing Date Normally set 3 weeks from original CrR 12(c)
arraignment date unless otherwise ordered
by court
4. Motion Noting Date (for Second Friday after filing of motion CrR 12(c)(6)
court consideration)
5. Motion Response Date 7 days after filing of motion CrR 12(c)(2)
6. Motion for No specified time limit on filing for CrR 12(c)(10)
Reconsideration and reconsideration – note on date of filing
Noting Date
7. Pretrial and Status Upon request of a party and order of the CrR 17.1(a)
Conferences court
8. Exhibit Lists Filed 14 days before trial for the government and CrR 23.3(a)
10 days before trial for the defense
9. Motions in Limine 10 days before trial CrR 23.2
10. Trial Brief 14 days before trial for the government and CrR 23.1
10 days before trial for the defense
11. Voir Dire 10 days before trial CrR 24
12. Jury Instructions Filed 10 days before trial and during trial CrR 30(c)
13. Witness Lists 14 days before trial for the government and CrR 23.3(b)
Exchanged 10 days before trial for the defense
14. Witness Statements After witness has testified at trial or earlier Fed. R. Cr. P.
by agreement of parties 26.2 and CrR
16(f)
15. Presentence Reports Furnished by Probation 35 days before Fed. R. Cr. P.
sentencing; objections within 14 days of 32(e), (f), & (g)
receipt (submit to Probation); final and CrR 32(d)(6)
presentence report to counsel 14 days
before sentencing; submitted to court 7
days before sentencing
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EVENT TIME, DATES AND LIMITS RULE
16. Sentencing § 5K1.1 14 days before sentencing CrR 32(i)(1)(A)
Motions
5K1.1 Motion Response 7 days before sentencing CrR 32(i)(1)(A)
Acceptance of 21 days before sentencing (submit to CrR 32(i)(1)(C)
Responsibility Probation)
Statement
Sentencing 7 days before sentencing CrR 32(i)(1)(D)
Memorandum
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APPENDIX B
LOCAL CRIMINAL RULES, WESTERN DISTRICT OF WASHINGTON
ESI DISCOVERY PRODUCTION CHECKLIST
x Is this a case where the volume or nature of ESI significantly increases the case’s complexity?
x Does this case involve classified information?
x Does this case involve trade secrets, or national security or homeland security information?
x Do the parties have appropriate technical advisors to assist?
x Have the parties met and conferred about ESI issues?
x Have the parties addressed the format of ESI being produced? Categories may include:
x Investigative reports and materials
x Witness statements
x Tangible objects
x Third party ESI digital devices (computers, phones, etc.)
x Photos, video and audio recordings
x Third party records
x Title III wire tap information
x Court records
x Tests and examinations
x Experts
x Immunity and plea agreements
x Discovery materials with special production considerations
x Related matters
x Discovery materials available for inspection but not produced digitally
x Other information
x Have the parties addressed ESI issues involving:
x Table of contents?
x Production of paper records as either paper or ESI?
x Proprietary or legacy data?
x Attorney-client, work product, or other privilege issues?
x Sensitive confidential, personal, grand jury, classified, tax return, trade secret, or
similar information?
x Whether email transmission is inappropriate for any categories of ESI discovery?
x Incarcerated defendant’s access to discovery materials?
x ESI discovery volume for receiving party’s planning purposes?
x Parties’ software or hardware limitations?
x Production of ESI from 3rd party digital devices?
x Forensic images of ESI digital devices?
x Metadata in 3rd party ESI?
x Redactions?
x Reasonable schedule for producing party?
x Reasonable schedule for receiving party to give notice of issues?
x Appropriate security measures during transmission of ESI discovery, e.g., encryption?
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x Adequate security measures to protect sensitive ESI against unauthorized access or
disclosure?
x Need for protective orders, clawback agreements, or similar orders or agreements?
x Collaboration on sharing costs or tasks?
x Need for receiving party’s access to original ESI?
x Preserving a record of discovery produced?
x Have the parties memorialized their agreements and disagreements?
x Do the parties have a system for resolving disputes informally?
x Is there a need for a designated discovery coordinator for multiple defendants?
x Do the parties have a plan for managing/returning ESI at the conclusion of the case?
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