(a) Civil Cover Sheet Required
Every civil action, except civil actions filed by persons in state or federal custody challenging
conviction, sentence, or conditions of confinement, shall be accompanied by a Civil Cover Sheet,
Form JS-44 revised. All civil actions in which jurisdiction is invoked in whole or in part under
28 U.S.C. § 1338 (regarding patents, copyrights and trademarks) shall be accompanied by the
required notice to the Patent and Trademark Office, Form AO 120, in patent and trademark
matters, and by the required notice, Form AO 121, in copyright matters. These forms are
available on the court’s website and on the U.S. Courts website at www.uscourts.gov.
(b) Filing Fee Required
A party must pay the Civil Filing Fee when it files or removes any civil action except for
proceedings in forma pauperis under LCR 3(c) or as otherwise exempted by law. The Fee
Schedule is available on the court’s website.
(c) Proceedings In Forma Pauperis (Without Payment of Court Fees)
At the time application is made under 28 U.S.C. § 1915 or other applicable acts of Congress for
leave to commence any civil action or to file any petition or motion without being required to
prepay fees and costs or give security for them, each petitioner, movant or plaintiff shall:
(1) Complete the in forma pauperis application approved for use in this district for the
specific type of case; and
(2) File a written consent that the recovery, if any, in the action, to such amount as the
court may direct, shall be paid to the clerk who may pay therefrom all unpaid fees and
costs taxed against the plaintiff, and to his attorney the amount which the court allows or
approves as compensation for the attorney’s services.
(3) In all proceedings in forma pauperis, for a writ of habeas corpus, or under 28 U.S.C. §
2255, the marshal shall pay all fees of witnesses for the party authorized to proceed in
forma pauperis, upon the certificate of the judge.
(d) Initial Case Assignment
Unless otherwise provided in these Rules or the General Orders of the Court, all actions, causes
and proceedings shall be assigned by the clerk to judges by random selection.
(e) Intradistrict Assignment and Reassignment
(1) In all civil cases in which all defendants reside, or in which all defendants have their
principal places of business, or in which the claim arose in the counties of Clallam, Clark,
Cowlitz, Grays Harbor, Jefferson, Kitsap, Lewis, Mason, Pacific, Pierce, Skamania,
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Thurston, and Wahkiakum, the case will usually be assigned to a judge in Tacoma. In all
civil cases in which all defendants reside or in which all defendants have their principal
places of business, or in which the claim arose in the counties of Island, King, San Juan,
Skagit, Snohomish, or Whatcom, the case will usually be assigned to a judge in Seattle. A
civil action arises where a substantial part of the events or omissions that give rise to the
claim occurred or where a substantial part of the property that is the subject of the action is
situated. Cases removed from state court will be initially assigned to the Seattle Division
or Tacoma Division according to the county where the action is pending.
(2) In some circumstances, the court may determine or a judge will order that a case that
would otherwise be considered a Tacoma case be assigned to a Seattle judge, and vice
versa.
(3) See LCR 42 for additional information regarding the intradistrict transfer of cases to
facilitate consolidation.
(4) See LCR 100 for additional information regarding the assignment of cases in which a
petitioner is seeking habeas corpus relief challenging a state conviction or sentence under
28 U.S.C. § 2254.
(f) Motions to Recuse
Whenever a motion to recuse directed at a judge of this court is filed pursuant to 28 U.S.C. § 144
or 28 U.S.C. § 455, the challenged judge will review the motion papers and decide whether to
recuse voluntarily. If the challenged judge decides not to voluntarily recuse, he or she will direct
the clerk to refer the motion to the chief judge, or the chief judge’s designee. If the motion is
directed at the chief judge, or if the chief judge or the chief judge’s designee is unavailable, the
clerk shall refer it to the active judge with the highest seniority.
(g) Notice of Related Cases
(1) A plaintiff must list all related cases in the Civil Cover Sheet and, if there are any, file
a Notice of Related Cases, with its first appearance;
(2) A removing defendant must list all related cases in the civil cover sheet and file a
notice of Related Cases with its first appearance; and
(3) Unless an action is listed as related in the Civil Cover Sheet or the original Notice of
Related Cases, parties who have appeared must file a Notice of Related Cases alerting the
court within five days of learning of any other action that was or is pending in this district
that may be related to the party’s case.
The notice should include the case number, presiding judge, and parties involved in the
related case, and an explanation of the relationship between or among the cases.
(4) An action is related to another when the actions:
(A) concern substantially the same parties, property, transaction, or event; and
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(B) it appears likely that there will be an unduly burdensome duplication of labor and
expense or the potential for conflicting results if the cases are conducted before different
judges.
(h) Notice of Pendency of Other Action in Another Jurisdiction or Forum
Whenever a party knows or learns that its pending case involves all or a material part of the same
subject matter and all or substantially the same parties as another action that is pending in any
other federal or state court, before an administrative body, or before an arbitrator, the party must
file a Notice of Pendency of Other Action within five days of learning of the other action. The
Notice must contain the title and case number of the other action, a brief description of the other
action, the title and location of the court or other forum in which the other action is pending, a
statement of any relationship between the two actions, a statement regarding whether transfer
should be effected pursuant to 28 U.S.C. § 1407 (Multi District Litigation Procedures) if the
action is pending in another U.S. District Court, and a statement regarding whether coordination
between the actions might avoid conflicts, conserve resources and promote an efficient
determination of the action.
(i) Transfer or Remand of Actions; Effective Date
Unless otherwise ordered by the court, an order transferring a case to another district or
remanding a case shall become effective 14 days after the date the order is filed.
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