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Motions Practice In the Western District of Washington

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Presentation on theme: "Motions Practice In the Western District of Washington"— Presentation transcript:

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

2 Resources Through Our Web Site
Local Rules /LocalCriminalRulesFINAL pdf CJA Brief Bank- Contains Sample Motions and Briefs 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 and phone with all the affected parties Sentencing continuances - Somewhat judge specific, but generally can be done by phone and . 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 Me if first two are unavailable

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

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