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Judicial Administration

King County Courthouse
516 3rd Ave, E609
Seattle, WA 98104-2386

Maleng Justice Center
401 4th Ave N, 2C
Kent, WA  98032

Juvenile Division
1211 E. Alder St. #201
Seattle, WA  98122

(206) 296-9300
(206) 296-0100 TTY/TDD

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LCR 7. CIVIL MOTIONS

                    (b) Motions and Other Documents.
                            
(1) Scope of Rules. Except when specifically provided in another rule, this rule governs all motions in civil cases. See, for example, LCR 26, LCR 40, LCR 56, and the LFLR’s.
                            (2) Hearing Times and Places. Hearing times and places will also be available from the Clerk’s Office/Department of Judicial Administration (E609 King County Courthouse, Seattle, WA 98104 or 401 Fourth Avenue North, Room 2C, Maleng Regional Justice Center, Kent WA 98032; or for Juvenile Court at 1211 East Alder, Room 307, Seattle, WA 98122) by telephone at (206) 296-9300 or by accessing http://www.kingcounty.gov/courts/clerk. Schedules for all regular calendars (family law motions, ex parte, chief civil, etc.) will be available at the information desk in the King County Courthouse and the Court Administration Office in Room 2D of the Regional Justice Center.
                            
(3) Argument. All nondispositive motions and motions for orders of default and default judgment shall be ruled on without oral argument, except for the following:
                                        (A) Motions for revision of Commissioners’ rulings;
                                        (B) Motions for temporary restraining orders and preliminary injunctions;
                                        (C) Family Law motions under LFLR 5;
                                        (D) Motions to be presented in person to the Ex Parte and Probate Department pursuant to the Ex Parte and Probate Department Presentation of Motions and Hearings Manual (“Motions and Hearings Manual”) issued by the Clerk; 
                                        (E) Motions for which the Court allows oral argument. 
                            
(4) Dates of Filing, Hearing and Consideration.
                                        
(A) Filing and Scheduling of Motion. The moving party shall serve and file all motion documents no later than six court days before the date the party wishes the motion to be considered. A motion must be scheduled by a party for hearing on a judicial day. For cases assigned to a judge, if the motion is set for oral argument on a non-judicial day, the moving party must reschedule it with the judge’s staff; for motions without oral argument, the assigned judge will consider the motion on the next judicial day. 
                                        (B) Scheduling Oral Argument on Dispositive Motions. The time and date for hearing shall be scheduled in advance by contacting the staff of the hearing judge. 
                                        (C) Oral Argument Requested on All Other Motions. Any party may request oral argument by placing “ORAL ARGUMENT REQUESTED” on the upper right corner of the first page of the motion or opposition. 
                                        (D) Opposing Documents. Any party opposing a motion shall file and serve the original responsive papers in opposition to a motion, serve copies on parties, and deliver working copies to the hearing judge no later than 12:00 noon two court days before the date the motion is to be considered. Working copies shall be submitted pursuant to the requirements in this rule.
                                        (E) Reply. Any documents in strict reply shall be similarly filed and served no later than 12:00 noon on the court day before the hearing.
                                        (F) Working Copies. Working copies of the motion and all documents in support or opposition shall be delivered to the hearing judge, commissioner, or appropriate judicial department no later than on the day they are to be served on all parties. Working copies shall be submitted as follows:
                                                    (i) Electronic Submission of Working Copies. Judges’ working copies of an e-filed motion and all documents in support or opposition may be electronically submitted using the Clerk’s e-filing system. The Clerk may assess a fee for the electronic submission of working copies. 
                                                    (ii) E-Filed Documents For Which Working Copies Shall Not Be Electronically Submitted. Judges’ working copies shall not be electronically submitted for any document of 100 pages or more in length, summary judgment motions, or for any documents filed in paper form. These working copies must be submitted in paper form pursuant to the requirements in this rule. 
                                                    (iii) Delivery of Working Copies in Paper Form. The upper right corner of all judges’ working copies submitted in paper form shall be marked "working copies” and note the date of consideration or hearing, and the name of the hearing judge or commissioner or the name of the calendar on which the motion is to be heard, by whom the documents are being presented (“moving party,” “opposing party,” or other descriptive or identifying term), and shall be delivered to the judges’ mailroom or appropriate department in the courthouse in which the judge or commissioner is located. 
                                        (G) Terms. Any material offered at a time later than required by this rule, and any reply material which is not in strict reply, will not be considered by the court over objection of counsel except upon the imposition of appropriate terms, unless the court orders otherwise.
                                        (H) Confirmation and Cancellation. Confirmation is not necessary, but if the motion is stricken, the parties shall immediately notify the opposing parties and notify the staff of the hearing judge.
                            (5) Form of Motion and Responsive Pleadings.
                                        
(A) Note for Motion. A Note for Motion shall be filed with the motion. The Note shall identify the moving party, the title of the motion, the name of the hearing judge, the trial date, the date for hearing, and the time of the hearing if it is a motion for which oral argument will be held. A Note for Motion form is available from the Clerk’s Office. 
                                        (B) Form of Motion and of Responsive Pleadings. The motion shall be combined with the memorandum of authorities into a single document, and shall conform to the following format:
                                                    (i) Relief Requested. The specific relief the court is requested to grant or deny. 
                                                    (ii) Statement of Facts. A succinct statement of the facts contended to be material.
                                                    (iii) Statement of Issues. A concise statement of the issue or issues of law upon which the Court is requested to rule.
                                                    (iv) Evidence Relied Upon. The evidence on which the motion or opposition is based must be specified with particularity. Deposition testimony, discovery pleadings, and documentary evidence relied upon must be quoted verbatim or a photocopy of relevant pages must be attached to an affidavit identifying the documents. Parties should highlight those parts upon which they place substantial reliance. Copies of cases shall not be attached to original pleadings. Responsive pleadings shall conform to this format. 
                                                    (v) Authority. Any legal authority relied upon must be cited. Copies of all cited non-Washington authorities upon which parties place substantial reliance shall be provided to the hearing Judge and to counsel or parties, but shall not be filed with the Clerk. 
                                                    (vi) Page Limits. The initial motion and opposing memorandum shall not exceed 12 pages without authority of the court; reply memoranda shall not exceed five pages without the authority of the court. 
                                        (C) Form of Proposed Orders; Mailing Envelopes. The moving party and any party opposing the motion shall attach a proposed order to the working copies of their documents. The original of each proposed order shall be submitted to the hearing judge but shall not be filed with the Clerk. For motions without oral argument for which working copies are submitted in paper form, the moving party shall also provide the court with pre-addressed stamped envelopes addressed to each party/counsel. Envelopes are not necessary when submitting working copies electronically via the Clerk’s system.
                              
(D) Presentation by Mail. With respect only to those matters that must be presented to the assigned judge, the chief judge of the Regional Justice Center or the Chief Judge of the Unified Family Court Department, parties may present agreed orders and ex parte orders based upon the record in the file by mail, addressed to the court. When signed, the judge/commissioner will file such order with the Clerk. For agreed orders presented in paper form, an addressed stamped envelope shall be provided for return of any conformed materials. 
                            (6) Motions to Reconsider. See LCR 59. 
                            
(7) Reopening Motions. No party shall remake the same motion to a different judge without showing by affidavit what motion was previously made, when and to which judge, what the order or decision was, and any new facts or other circumstances that would justify seeking a different ruling from another judge.
                            (8) Motions for Revision of a Commissioner’s Order. For all cases except juvenile and mental illness proceedings:
                                        (A) A motion for revision of a commissioner’s order shall be served and filed within 10 days of entry of the written order, as provided in RCW 2.24.050, along with a written notice of hearing that gives the other parties at least six days notice of the time, date and place of the hearing on the motion for revision. The motion shall identify the error claimed.
                                        (B) A hearing on a motion for revision of a commissioner’s order shall be scheduled within 21 days of entry of the commissioner’s order, unless the assigned Judge or, for unassigned cases, the Chief Civil Judge, orders otherwise.
                                                    (i) For cases assigned to an individual Judge, the time and date for the hearing shall be scheduled in advance with the staff of the assigned Judge.
                                                    (ii) For cases not assigned to an individual Judge, the hearing shall be scheduled by the Chief Civil Department for Seattle case assignment area cases. For Kent case assignment area cases, the hearing shall be scheduled by the Maleng Regional Justice Center Chief Judge. For family law cases involving children the hearing shall be scheduled by the Chief Unified Family Court Judge.
                                                    (iii) All motions for revision of a commissioner’s order shall be based on the written materials and evidence submitted to the commissioner, including documents and pleadings in the court file. The moving party shall provide the assigned judge a working copy of all materials submitted to the commissioner in support of and in opposition to the motion, as well as a copy of the electronic recording, if the motion before the commissioner was recorded. Oral arguments on motions to revise shall be limited to 10 minutes per side. Working copies shall be submitted pursuant to the requirements of LCR 7(b). 
                                                    (iv) The commissioner’s written order shall remain in effect pending the hearing on revision unless ordered otherwise by the assigned Judge, or, for unassigned cases, the Chief Judge.
                                                    (v) The party seeking revision shall, at least 5 days before the hearing, deliver to the assigned judge or Chief Judge working copies of the motion, notice of hearing, and copies of all documents submitted by all parties to the commissioner, pursuant to LCR 7(b).
                                                    (vi) For cases in which a timely motion for reconsideration of the commissioner’s order has been filed, the time for filing a motion for revision of the commissioner’s order shall commence on the date of the filing of the commissioner’s written order of judgment on reconsideration.
                            (9) Motion for Order to Show Cause. Motions for Order to Show Cause shall be presented without oral argument to the Ex Parte and Probate Department through the Clerk’s office. For cases where the return on the order to show cause is before the hearing judge, the moving party shall obtain a date for such hearing from the staff of the assigned judge before presenting the motion to the Ex Parte and Probate Department. 
                            (10) Motion Shortening Time.
                                        
(A) The time for notice and hearing of a motion may be shortened only for good cause upon written application to the court in conformance with this rule. 
                                        (B) A motion for order shortening time may not be incorporated into any other pleading. 
                                        (C) As soon as the moving party is aware that he or she will be seeking an order shortening time, that party must contact the opposing party to give notice in the form most likely to result in actual notice of the pending motion to shorten time. The declaration in support of the motion must indicate what efforts have been made to notify the other side.
                                        (D) Except for emergency situations, the court will not rule on a motion to shorten time until the close of the next business day following filing of the motion (and service of the motion on the opposing party) to permit the opposing party to file a response. If the moving party asserts that exigent circumstances make it impossible to comply with this requirement, the moving party shall contact the bailiff of the judge assigned the case for trial to arrange for a conference call, so that the opposing party may respond orally and the court can make an immediate decision. 
                                        (E) Proposed agreed orders to shorten time: if the parties agree to a briefing schedule on motion to be heard on shortened time, the order may be presented by way of a proposed stipulated order, which may be granted, denied or modified at the discretion of the court. 
                                        (F) The court may deny or grant the motion and impose such conditions as the court deems reasonable. All other rules pertaining to confirmation, notice and working papers for the hearing on the motion for which time was shortened remain in effect, except to the extent that they are specifically dispensed with by the court.

[Amended effective September 1, 1984; May 1, 1988; September 1, 1992; September 1, 1993; September 1, 1994, March 1, 1996; September 1, 1996; April 14, 1997; September 1, 1997; September 1, 1999; September 1, 2001; September 1, 2002; September 1, 2004; September 1, 2006; September 1, 2007; September 1, 2008; January 1, 2009; June 1, 2009.]