LCR 40. ASSIGNMENT OF CASES AND WHERE MOTIONS ARE TO BE HEARD 

                    (a) Location of Times and Calendars. See LCR 7(b)(2).
                    (b) Notice of Trial--Note of Issue. 
                            (1) Assignment of case to Judge. The Clerk at filing will issue for all civil cases, except those noted in LCR 4(b) or 40(b)(2), a trial date and a case schedule, and will assign the case to a judge. Except as provided in LCR 40(b)(2), all motions, trials and other proceedings in a case shall be brought before the assigned judge.
                            (2) Cases Not Assigned. Cases not assigned a case schedule or judge on filing or where initial hearing is not held before the assigned judge:
                                        (A) Antiharassment Petitions. See LCR 40.1(b)(2). 
                                        (B) Certificate of Rehabilitation. These shall be noted with oral argument before the Seattle Chief Civil Judge for Seattle case assignment area cases. Kent case assignment area cases shall be set before the Chief Judge of the Maleng Regional Justice Center.
                                        (C) Family Law Proceedings. See LFLR 5.
                                        (D) Frivolous Liens. If the motion to discharge a purportedly frivolous lien is a new action and not part of an underlying proceeding, the motion shall be set before the Seattle Chief Civil Judge for Seattle case assignment area cases. Kent case assignment area cases shall be set before the Chief Judge of the Maleng Regional Justice Center. If the motion is part of an underlying proceeding, the matter should be noted before the assigned judge. 
                                        (E) Guardianships, Probates and Other Settlements of Claim involving Incapacitated Adults or Minors. See LCR 40.1(b)(2). 
                                        (F) Marriage Age Waiver Petitions. See LCR 40.1(b)(2) and LFLR 19.
                                        (G) Mental Illness Proceedings. The hearings in mental illness proceedings shall be heard on the mental illness calendar.
                                        (H) Non Compliance Hearings. Hearings on the return of orders to show cause for failure to comply with the case schedule will be held in the designated courtroom at the Seattle Courthouse, for Seattle case assignment area cases and in the designated courtroom at the Maleng Regional Justice Center for Kent case assignment area cases, before the special master, commissioner or judge hearing that calendar.
                                        (I) Orders for Protection. See LCR 40.1(b)(2).
                                        (J) Receivership Proceedings. See LCR 40.1(b)(2). 
                                        (K) Small Claims Appeals. The clerk at filing will issue a Notice of Decision Date and Assignment of Judge for review of the record without oral argument. The decision shall be issued to the parties.
                                        (L) Status Conference (LFLR 4(e)). The status conference calendar for all family law cases that require a status conference will be held in the designated courtroom at the Seattle Courthouse for Seattle case assignment area cases and in the designated courtroom at the Maleng Regional Justice Center for Kent case assignment area cases before the special master, commissioner or judge hearing that calendar.
                                        (M) Supplemental Proceedings. Hearings on supplemental proceedings shall be set before the Seattle Chief Civil Judge for Seattle case assignment area cases. Kent case assignment area cases shall be set before the Chief Judge of the Maleng Regional Justice Center. The supplemental proceedings fee must be received before hearings will be set by the clerk.
                                        (N) Support Modifications (Trials by Affidavit). See LFLR 14.
                                        (O) Unlawful Detainer Actions. See LCR 40.1(b)(2).     

                                        (P) Vulnerable Adult Petitions. See LCR 40.1(b)(2). 
                                        (Q) Work Permits/Variances for Minors. Applications for work permits for minors, sought pursuant to RCW 26.28.060, shall be presented to the Seattle Chief Civil Department for cases with a Seattle designation and to the Chief Judge of the Maleng Regional Justice Center for cases with a Kent assignment.
                                        (R) Writs. 
                                                    (i) Applications for Writs of Habeas Corpus relating to custody of minor children shall be presented to and returnable to the senior Judge of the Unified Family Court department at the Maleng Regional Justice Center.
                                                    (ii) Extraordinary writs (writs of review, coram nobis mandamus, prohibition and certiorari): See LCR 98.40.
                                                    (iii) For other writs (pre-judgment garnishment, attachment, replevin, restitution, assistance) the initial application shall be presented without oral argument to the Ex Parte and Probate Department through the Clerk’s office. See also LCR 40.1(b)(2)(S).
                            (3) Trial Dates. If a case has not been assigned a trial date, or if the assigned trial date has passed and the case has not been dismissed, any party may apply by motion to the assigned judge, or if no assigned judge, to the Seattle Chief Civil Department for cases with a Seattle designation and to the Chief Regional Justice Center Judge in Kent for cases with a Kent assignment, for assignment of a trial date and a case schedule. The motion, which shall be decided without oral argument, shall briefly describe the case, including whether a jury demand has been filed, the expected length of the trial, and any other information relevant to the setting of a trial date.
                            (4) Motions to Consolidate. Motions to consolidate cases for trial or other purposes, or to reassign a case to a different judge for reasons of the efficient administration of justice, shall be made in writing to the Chief Civil Judge. Cases without a case schedule or an assigned judge may be consolidated into another case by any judicial officer on the Court’s own motion.
                            (5) Notice of Trial. A Notice of Trial, as provided in CR 40(a), shall not be filed in any civil case.
                    (d) Continuances/Change of Trial Date.
                            (1) Limited Adjustment of Trial Date to Resolve Schedule Conflict. In cases that are governed by a Case Schedule, the trial date may be adjusted, prior to the Final Date to Change Trial, by motion, to a Monday no more than 28 days before or 28 days after the trial date listed in the Case Schedule.
                            (2) Change of Trial Date. A motion to strike a trial date, or change a trial date more than 28 days before or after the original date, shall be made in writing to the assigned Judge, or if there is no assigned Judge, to the Chief Civil Department, and shall be decided without oral argument. If a motion to change the trial date is made after the Final Date to Change Trial Date, as established by the Case Schedule, the motion will not be granted except under extraordinary circumstances where there is no alternative means of preventing a substantial injustice. A motion to strike or change a trial date may be granted subject to such conditions as justice requires.
                            (3) Amended Case Schedule. When a trial date is changed, the judge changing the trial date may amend the case schedule or may direct that the parties confer and propose a new schedule. Unless some other deadline for submitting the proposed case schedule is set by the court, the parties must submit a proposed case schedule for signature by the assigned judge no later than twenty days after the order changing the trial date is signed.
                            (4) Change of Trial Date on Court's Motion. The Court on its own initiative may, if necessary, change the trial date. 
                    (e) Change of Judge. For affidavits of prejudice see RCW 4.12.050.
                    (f) Affidavits--Court Commissioners. Affidavits of prejudice or for change of Court Commissioner will not be recognized. The remedy of a party is for a motion for revision under RCW 2.24.050.

[Amended September 1, 1977; September 1, 1978; September 1, 1980; amended effective January 1, 1983; September 1, 1984; December 1, 1988; January 1, 1990; September 1, 1992; September 1, 1993; September 1, 1996; April 14, 1997; September 1, 1997; September 1, 1999; September 1, 2001; September 1, 2002; September 1, 2004; September 1, 2005; September 1, 2006; September 1, 2008; January 1, 2009; September 1, 2009.]