|
LFLR 5. WHERE TO SCHEDULE MOTIONS IN FAMILY LAW PROCEEDINGS.
(a) Location of Courthouse (Case Assignment) and Courtrooms. Except as otherwise ordered or directed, all proceedings filed under a case with a “UFK” or “KNT” designation shall be heard at the Maleng Regional Justice Center, 401 4th Ave. N. in Kent, and all proceedings filed under a “UFS” or “SEA” designation shall be heard at the King County Courthouse, 516 Third Avenue in Seattle. See LCR 82 as to the designation of case assignment areas. The Family Law Motions courtrooms in Kent are located at Room 1-G and in Seattle at Room W-291. Other courtroom numbers may be obtained from the King County Superior Court Clerk or by accessing http://www.kingcounty.gov/courts/clerk.
(b) Where to Schedule Motions; General Rule. Except as otherwise provided in these rules, contested pre-trial and post-trial motions in family law proceedings, including non-marital relationships involving parenting and/or the distribution of assets/liabilities, shall be heard on the Family Law Motions Calendar. See LFLR 6 for Family Law Motions Calendar Procedures. Agreed orders and orders to show cause shall be presented without oral argument to the Ex Parte and Probate Department through the Clerk’s office.
(c) Where to Schedule Specific Types of Motions; Exceptions to General Rule [LFLR 5(b)]. The following specific types of Family Law Motions are to be scheduled as follows:
(1) Entry of Agreed and Default Final Decrees Parenting Plans and Custody Orders: Uncontested final Decrees of Marriage Dissolution, Legal Separation and Invalidity as well as all Final Parenting Plans or Residential Schedules and Final Dissolution of Domestic Partnership Orders shall be presented to the Ex Parte and Probate Department by noting the motion on the uncontested dissolution calendar on at least fourteen (14) days notice, provided that, the matter need not be noted for hearing when presented by an attorney of record, who as an officer of the court, has signed and filed a certificate of compliance in the form prescribed by the court. At least one party shall appear to provide oral testimony or formal proof with respect to entry of a final decree of dissolution, legal separation or invalidity unless a final parenting plan with respect to all dependent children of the relationship has already been entered or there are no dependent children of the relationship and the final proposed orders are presented by an attorney, in which case the final orders may presented through the Clerk’s Office pursuant to LR 40.1 and shall be accompanied by the certificate of compliance as well as a declaration under penalty of perjury signed by one of the parties within the last 30 days stating that the wife is not pregnant and there are no dependent children of the relationship. The declaration shall be in substantially the same form as set forth in Appendix 1 and shall be available online at www.kingcounty.gov/courts/clerk. All final non-parental custody orders entered by agreement or default shall be presented on the uncontested dissolution calendar on at least 14 days notice, whether or not the parties are represented by counsel, provided that they may also be presented at the time of the Mandatory Case Review hearing (as set forth in the Case Schedule).
APPENDIX I- Model Form Declaration in lieu of Formal Proof for Decree of Dissolution, Invalidity or Legal Separation
SUPERIOR COURT OF WASHINGTON COUNTY OF KING In Re the Marriage of: ________________________________, NO.
Petitioner, And DECLARATION IN LIEU OF FORMAL PROOF ________________________________,
Respondent. REQUEST: The [ ] petitioner [ ] respondent requests immediate entry of Findings of Fact, Conclusions of Law and Decree without the necessity of a personal appearance , and states:
RESIDENCE: Either the petitioner or respondent was a resident of the State of Washington or was a member of the Armed Forces and was stationed in the State of Washington when the petition was filed.
90 DAY WAITING PERIOD: If this is a dissolution of marriage, the marriage is now irretrievably broken and more than 90 days have elapsed since the later of _______________________,
20____, the date on which the Petition was filed, and ____________________,
20____, the date:
[ ] the respondent signed an acceptance of service.
[ ] the summons and petition were personally served upon the respondent.
[ ] the summons and petition were mailed pursuant to an order for service by mail.
[ ] the summons was first published pursuant to an order for service by publication.
DEFAULT: The respondent is _____ is not_________ in default.
MARRIAGE :The parties were married on _______________________ 20____, at [city, state]
_________________________ and separated on _________________, 20____.
PREGNANCY: The wife is not now pregnant.
CHILDREN: The following children have been born to or adopted by either party:
Name Date of Birth Father of child Mother of child DEPENDENT CHILDREN: [SELECT ONE]:
[ ] A final parenting plan has been entered for all dependent children of the marriage.
[ ] There are no children under the age of 18 years of age born to or adopted by the wife or who are otherwise dependent upon the wife, or, all such children were born before the marriage and have not been adjudicated or acknowledged to be the husband’s child.
PROPERTY: All property and all debts of the parties are fairly and completely divided in the Decree.
DEFAULT : If entry of the Decree is sought after default of the Respondent, the Decree provides for only that relief requested in the petition.
PERJURY : I declare under penalty of perjury under the laws of the State of Washington that this foregoing is true and correct. Dated:_____________________, 20_____.
[Signed]_____________________at ______________________________, Washington
Presented by: [Signed] __________________
Bar Number: __________________________
Approved, notice of presentation waived:
[Signed]________________________________ (2) UFC Cases: If a case has been accepted into Unified Family Court (UFC) for case management, motions shall be scheduled and heard in accordance with the Order upon Acceptance to Unified Family Court. See LFLR 7.
(3) Support Modification Calendar: Pre-trial Motions related to the support modification calendar shall be brought as set forth in LFLR 14.
(4) Motions to be scheduled before judges: Motions scheduled before judges shall be brought using the timelines required by the applicable civil and local rules, including but not limited to CR 12, CR 56, and LCR 7. Unless otherwise required, motions scheduled before judges shall be heard on at least six (6) court days notice and without oral argument unless otherwise directed by the court. The following motions shall be scheduled before the assigned judge, or if no assigned judge, by the Chief Civil Judge or in family law cases involving children before the Chief Unified Family Court Judge:
(A) Motions to seal a file, even if agreed;
(B) Motions to change the trial date, or a deadline in the case schedule;
(C) Motions for summary judgment, except for summary judgment motions in paternity actions which shall be heard on the family law motions calendar;
(D) Motions to resolve which court shall exercise jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (Chapter 26.27 RCW);
(E) Motions related to discovery. Motions to obtain discovery, such as to appoint an expert or to require an evaluation of a party, valuation of a business or property, or inspection of property, shall be scheduled on the family law motions calendar. Motions for a protective order, to compel a party to comply with a discovery request, or for sanctions related to discovery shall be scheduled before the assigned judge.
(F) Motions to Enforce a CR2A Agreement.
(G) Motions for Revision of a Commissioner’s Order. See LCR 7(b)(8).
(5) Motions related to Trials and Appeals: Presentation of final orders related to a trial, motions to reconsider or vacate a judgment or decree entered after trial, and motions relating to the appeal of a final order entered after a motion or a trial (including motions to waive fees for the appeal, to stay the underlying order), shall be noted before the trial judge. If a commissioner entered the final order that is appealed, such motions shall be noted before the Chief Civil Judge/RJC Judge or in family law cases involving children before the Chief Unified Family Court Judge. Motions in limine and trial motions shall be brought before the trial judge.
(6) Motions to Vacate Orders.
(A) An agreed order to vacate an order shall be presented without oral argument to the Ex Parte and Probate Department through the Clerk’s office, unless the effect of the order would be to reinstate a case that has been dismissed or where the trial date has passed, in which case the agreed order shall be presented pursuant to LR 60.
(B) An agreed order to vacate a Clerk’s dismissal so that parties may enter final orders shall be presented without oral argument to the Ex Parte and Probate Department through the Clerk’s office.
(C) A motion to vacate an order signed by a judge shall be noted before that judge, unless the original order was entered by agreement or after a default, in which case the motion to vacate shall be noted before the Chief Civil/RJC Judge or in family law cases involving children before the Chief Unified Family Court Judge.
(D) A motion to vacate an order signed by a commissioner shall be noted on the family law motions calendar.
(7) Change of Case Assignment Area or Consolidation of Cases: A motion to change the case assignment area or consolidate two or more actions under one case schedule shall be brought before the Chief Civil Judge/RJC Judge or in family law cases involving children before the Chief Unified Family Court Judge provided that family law commissioners may consolidate a domestic violence protection order proceeding under a family law proceeding.
(8) Motions for Reconsideration. See LCR 59.
(9) Motions for Default Orders and Default Judgments.
(A) When notice is not required, motions for default orders and judgments shall be presented without oral argument to the Ex Parte and Probate Department through the Clerk’s office. If notice to an opposing party is required (for example, when an appearance but no answer has been filed), motions for default orders and judgments shall be noted on the family law motions calendar in accordance with LFLR 6.
(B) Appearance by Responding Parties without Filing a Response. If a party has appeared in the proceeding, but not filed a Response to the Petition, any other party may move for an Order of Default on the Family Law Motion Calendar, to be presented without oral argument through the Clerk’s office. Upon entry of the Order of Default, the evidence may be reviewed and a default judgment (including an order setting support) may be entered in the Ex Parte and Probate Department.
(10) Orders Shortening Time. Motions for Orders Shortening Time shall be heard in accordance with LR 7 except that the motion shall be heard by the same judicial officer or calendar that is assigned under these rules to hear the substantive motion.
(11) Writs of Habeas Corpus. Application for Writs of Habeas Corpus Relating to Minor Children shall be presented to and returnable to the senior judge of the Unified Family Court Department at the Regional Justice Center. [Adopted effective September 1, 2004; amended affective September 1, 2006; September 1, 2007; September 1, 2008; January 1, 2009; September 1, 2009; September 1, 2010]
|
