(a) Signature
A document signed electronically (by either a digital signature or by an attorney using the “s/
Name” convention) has the same force and effect as if the person had affixed a signature to a
paper copy of the document, unless an original document is otherwise required. If an original
document is required to be filed with the court, any required signature thereto must also be
original. Electronic signatures must be in conformance with this district’s Electronic Filing
Procedures for Criminal Cases.
(b) Sanctions for Non-Participation, Non-Compliance, or Multiplying or Obstructing
Proceedings
An attorney or party who without just cause fails to comply with any of the Federal Rules of
Criminal Procedure, these rules, or an order of the court, or who fails to prepare for presentation
to the court, or who otherwise so multiplies or obstructs the proceedings in a case may, in
addition to or in lieu of the sanctions and penalties provided elsewhere in these rules, be required
by the court to satisfy personally such excess costs and may be subject to such other sanctions as
the court may deem appropriate.
Criminal Rules
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 CrR 10
Trial Act
2. Discovery Conference To be held within 14 days after CrR 16(a)
request for discovery, usually
within 2 weeks after
arraignment
3. Motion Filing Date Normally set 3 weeks from CrR 12(c)
original arraignment date unless
otherwise ordered by court
4. Motion Noting Date (for 12 days after filing of motion CrR 12(b)(1), (6)
court consideration)
5. Motion Response Date 7 days after filing of motion CrR 12(b)(2)
6. Motion Reply Date 5 days after filing of opposition CrR 12(b)(3)
7. Motion for No specified time limit on filing CrR 12(b)(8)
Reconsideration and for reconsideration – note on
Noting Date date of filing
8. Expert disclosures Per case scheduling order, or, 30 CrR 16(d)(2)
days before trial for the
government, 14 days before trial
for the defense, 7 days before
trial for the government rebuttal
9. Pretrial and Status Upon request of a party and CrR 17.1(a)
Conferences order of the court
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EVENT TIME, DATES AND LIMITS RULE
10. Exhibit Lists Filed Per case scheduling order, or 14 CrR 23.1(a)(3)
days before trial for the
government and 10 days before
trial for the defense
11. Motions in Limine Per case scheduling order, or 10 CrR 23.1(a)(6)
days before trial
12. Trial Brief Per case scheduling order, or 14 CrR 23.1(a)(5)
days before trial for the
government and 10 days before
trial for the defense
13. Voir Dire Per case scheduling order, or 10 CrR 24
days before trial
14. Jury Instructions Filed Per case scheduling order, or 14 CrR 30(a)
days before trial for the
government, 10 days before trial
for the defense, 5 days before
trial for government
supplemental filings
15. Witness Lists Exchanged Per case scheduling order, or 14 CrR 23.1(a)(4)
days before trial for the
government and 10 days before
trial for the defense
16. Witness Statements After witness has testified at Fed. R. Cr. P. 26.2
trial or earlier by agreement of and CrR 16(f)
parties
17. Presentence Reports Furnished by Probation 35 days Fed. R. Cr. P.
before sentencing; objections 32(e), (f), & (g)
within 14 days of receipt and CrR 32(d)(6)
(submit to Probation); final
presentence report to counsel 14
days before sentencing;
Criminal Rules
EVENT TIME, DATES AND LIMITS RULE
submitted to court 7 days before
sentencing
18. Sentencing § 5K1.1 14 days before sentencing CrR 32(i)(1)(A)
Motions
19. 5K1.1 Motion Response 7 days before sentencing CrR 32(i)(1)(A)
20. Acceptance of 21 days before sentencing CrR 32(i)(1)(C)
Responsibility Statement (submit to Probation)
21. Sentencing Memorandum 7 days before sentencing CrR 32(i)(1)(D)
Criminal Rules
APPENDIX B
LOCAL CRIMINAL RULES, WESTERN DISTRICT OF WASHINGTON
ESI DISCOVERY PRODUCTION CHECKLIST
• Is this a case where the volume or nature of ESI significantly increases the case’s
complexity?
• Does this case involve classified information?
• Does this case involve trade secrets, or national security or homeland security information?
• Do the parties have appropriate technical advisors to assist?
• Have the parties met and conferred about ESI issues?
• Have the parties addressed the format of ESI being produced? Categories may include:
• Investigative reports and materials
• Witness statements
• Tangible objects
• Third party ESI digital devices (computers, phones, etc.)
• Photos, video and audio recordings
• Third party records
• Title III wire tap information
• Court records
• Tests and examinations
• Experts
• Immunity and plea agreements
• Discovery materials with special production considerations
• Related matters
• Discovery materials available for inspection but not produced digitally
• Other information
• Have the parties addressed ESI issues involving:
• Table of contents?
• Production of paper records as either paper or ESI?
• Proprietary or legacy data?
• Attorney-client, work product, or other privilege issues?
• Sensitive confidential, personal, grand jury, classified, tax return, trade secret, or similar
information?
• Whether email transmission is inappropriate for any categories of ESI discovery?
• Incarcerated defendant’s access to discovery materials?
• ESI discovery volume for receiving party’s planning purposes?
• Parties’ software or hardware limitations?
• Production of ESI from 3rd party digital devices?
• Forensic images of ESI digital devices?
• Metadata in 3rd party ESI?
• Redactions?
• Reasonable schedule for producing party?
Criminal Rules
• Reasonable schedule for receiving party to give notice of issues?
• Appropriate security measures during transmission of ESI discovery, e.g., encryption?
• Adequate security measures to protect sensitive ESI against unauthorized access or
disclosure?
• Need for protective orders, clawback agreements, or similar orders or agreements?
• Collaboration on sharing costs or tasks?
• Need for receiving party’s access to original ESI?
• Preserving a record of discovery produced?
• Have the parties memorialized their agreements and disagreements?
• Do the parties have a system for resolving disputes informally?
• Is there a need for a designated discovery coordinator for multiple defendants?
• Do the parties have a plan for managing/returning ESI at the conclusion of the case?
Criminal Rules
APPENDIX C
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON
UNITED STATES OF AMERICA,
No.
Plaintiff,
v. CASE SCHEDULING ORDER
,
Defendant.
The Court hereby enters a pretrial case scheduling order setting the following dates and
deadlines in this case.
Event Deadline
Discovery conference _____________
No later than 14 days after arraignment.
Fed. R. Crim. P. 16.1(a)
Motions filing date _____________
