The following emergency rule changes are in effect January 1, 2009
***NEW RULE***
LCR 40.1 EX PARTE AND PROBATE DEPARTMENT
(a)
Ex Parte and Probate Department.
(1)
Reserved.
(2) Ex Parte Department Presentation of Motions and Hearings Manual.
The
Ex Parte Department Presentation of Motions and Hearings Manual (“Motions and Hearings Manual”) is issued by the Clerk and shall contain a list of all matters that shall be presented to the Ex Parte and Probate Department and specifically indicate which matters shall be heard in person and which shall be submitted in writing, without oral argument, through the Clerk’s office. The Motions and Hearings Manual shall contain specific procedural information on how to present matters through the Clerk’s office. The Motions and Hearings Manual shall be made available online at www.kingcounty.gov/courts/clerk and in paper form through the Clerk’s office and the Ex Parte and Probate Department. (b) Motions and Other Documents
(1) Scope of Rules. This rule governs all matters presented to the Ex Parte and Probate Department.
(2) Cases Not Assigned. Except as provided otherwise in these rules, all motions and proceedings pertaining to cases not assigned a case schedule or judge on filing or where the initial hearing is not held before the assigned judge shall be presented to the Ex Parte and Probate Department. See LCR 40(b)(2).
(3) Assigned Cases. Although assigned to a judge (IC judge), the following civil matters shall be presented to the Ex Parte and Probate Department except as provided otherwise in these rules or by the Court:
(A) In civil proceedings, including family law proceedings, all agreed orders, judgments and decrees, and any orders that do not require notice to any other party, interested person, or entity, including motions for orders to show cause, provided that the order does not affect the case schedule, direct the Clerk to seal a document or file, or purport to direct the manner in which another Department or Judge handles a hearing (i.e. a motion to exceed page limits or shorten time), and is not reserved to any other calendar by any statute, court rule, or court order. See LCR 40 and LFLR 5.
(B) Motions to approve or disapprove the settlement of a claim on behalf of an incapacitated adult or minor. See SPR 98.16.
(C) Judgments on arbitration awards. See LMAR 6.3.
(D) Civil and family law emergency restraining orders, including domestic violence, sexual assault, and anti-harassment protection orders where either no notice or shortened notice has been given to the opposing parties.
(E) Any other matters as directed by these rules or the Court.
(4) Matters Not Presented to the Ex Parte and Probate Department. Regardless of the type of motion, the following types of cases are not heard in the Ex Parte and Probate Department except as otherwise directed by the Court: juvenile court proceedings (except marriage waivers); civil commitment and sexual predator proceedings; criminal matters; and family law matters given a UFS or UFK designation and assigned to an individual judicial officer for intensive case management. See LFLR 5 and the Motions and Hearings Manual with respect to what types of family law motions shall be presented to the Ex Parte and Probate Department.
(5) Argument. Matters presented to the Ex Parte and Probate Department are heard either with or without oral argument as determined by this rule.
(A) Matters With Oral Argument. Generally, emergency orders of protection, other specific emergent matters, matters requiring notice, matters requiring testimony, and matters directed specifically by the Court will be heard in person, with oral argument, on the assigned Ex Parte and Probate Calendar. The parties shall comply with the Motions and Hearings Manual to determine if a specific matter shall be permitted oral argument.
(B) Matters Without Oral Argument.All other matters not presented in person shall be submitted to the Ex Parte and Probate Department in writing, without oral argument, through the Clerk’s office. Parties must deliver or mail their paperwork to the Clerk’s office directly. The Clerk’s office will assess a processing fee. The processing fee must be paid or waived at the time of submission. Parties shall comply with the specific process set forth in the Motions and Hearings Manual for submitting their paperwork. 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, LCR26, 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 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 hand 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 copies to the hearing judge via the judges’ mailroom in the courthouse in which the judge is located, no later than 12:00 noon two court days before the date the motion is to be considered.
(E) Reply.Any documents in strict reply shall be 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 no later than on the day they are to be served on all parties. The working copies shall be marked on the upper right corner of the first page with the date of consideration or hearing and the name of the hearing judge and shall be delivered to the judges’ mailroom in the courthouse in which the judge 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 Motions 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 to their documents a proposed order. The original of each proposed order shall be delivered to the hearing judge but shall not be filed with the Clerk. For motions without oral argument, the moving party shall also provide the court with pre-addressed stamped envelopes addressed to each party/counsel.
(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. 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.
(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 judges’ mailroom, for the assigned judge or Chief Judge, the motion, notice of hearing and copies of all documents submitted by all parties to the commissioner.
(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 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 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.
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.Applications for temporary orders shall be presented in the Ex Parte Department. Hearings on final orders for Seattle and Kent case assignment area cases shall be set in the temporary order.
(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.All proceedings brought under Title 11 which include but are not limited to Guardianships, Probates, and trust matters, as well as motions to approve settlement of a claim on behalf of a minor or incapacitated adult pursuant to SPR 98.16, shall be set on the Guardianship/Probate calendar in the Ex Parte Department either through the Clerk’s office or in person, pursuant to the policy guidelines in the Motions and Hearings Manual issued by the Clerk’s office. If the matter is contested, it may be referred by the judicial officer to the Clerk who will issue a trial date and will assign the case to a judge.
(F) Marriage Age Waiver Petitions.These petitions shall be presented in person to the Ex Parte Department.
(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.Petitions for temporary orders shall be presented in the Ex Parte Department. Final hearings will be set on the domestic violence calendar in the Family Law Department.
(J) Receivership Proceedings. If the petition is a new action and not part of an underlying proceeding, the initial hearings shall be set in the Ex Parte Department, and be presented in person; contested proceedings may be referred by the commissioner to the Clerk who will issue a trial date and a case schedule and will assign the case to a judge.
(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.The orders to show cause, and any agreed orders or orders that do not require notice, shall be obtained by presenting the orders, through the Clerk’s office, to the Ex Parte and Probate Department, without oral argument. The initial hearing on order to show cause shall be heard in person in the Ex Parte and Probate Department, provided that contested proceedings may be referred by the judicial officer to the Clerk who will issue a trial date and a case schedule and will assign the case to a judge.
(P) Vulnerable Adult Petitions. Requests for both ex parte temporary orders and final hearings shall be heard in the Ex Parte Department.
(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.
(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.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 motions to consolidate or reassign a case in the interest of judicial economy, see LCR 40(b)(4). 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.
LCR 54. JUDGMENTS AND COSTS (f) Presentation.
(3) Presentation by Legal Assistant.Legal assistants who are duly registered with the King County Bar Association or any local bar association of this state may personally present ex parte orders based solely upon the documents presented and the record in the file.
(g) Interlineations.
(1) Orders and Judgments.Any interlineations, corrections, and deletions in orders and judgments signed by the judge/commissioner must be initialed by the judge/commissioner. LCR 55. DEFAULT AND JUDGMENT (a) Entry of Default.
(1) Order of Default.When there has not been an appearance, a party shall seek entry of an Order of Default from the Ex Parte and Probate Department through the Clerk’s office. When there has been an appearance, the motion for default shall be noted without oral argument before the assigned Judge, or if none, in the courtroom of the Chief Civil Department for Seattle case assignment area cases and the Chief Judge of the Maleng Regional Justice Center for Kent case assignment area cases.
(b) Entry of Default Judgment.Upon entry of an Order of Default, a party shall move for entry of judgment against the party in default from the Ex Parte and Probate Department through the Clerk’s office. If the Court determines that testimony is required, the moving party shall schedule the matter to be heard in person in the Ex Parte and Probate Department.
(c) Setting Aside Default Judgments.Orders to show cause to vacate default judgments shall be presented to the Ex Parte and Probate Department either through the Clerk’s office or in person, pursuant to the policy guidelines in the Motions and Hearings Manual issued by the Clerk. Orders to show cause are returnable to the assigned judge. If no judge is assigned, orders to show cause are returnable to the Chief Civil Judge for Seattle cases and the Chief Judge of the Maleng Regional Justice Center for Kent cases. See LCR 7(b)(8). Also see LCR 60(e)(1).
(d) Failure to Appear at Trial.The failure of a party to appear at trial is not governed by this rule. (See LCR 43.)
(e) Family Law Cases.See LFLR 5. LCR 65. INJUNCTIONS (b) Temporary Restraining Order
(1) Where heard:Except for family law cases, a party seeking a temporary restraining order shall present the motion for temporary restraining order to the Ex Parte and Probate Department through the Clerk’s Office. For family law cases, see the LFLR’s (Local Family Law Rules).
(2) Calendaring requirement: Prior to appearing in the Ex Parte and Probate Department on a motion for a temporary restraining order, the moving party shall obtain a date for hearing on the motion for preliminary injunction from the trial department to which the case is assigned. The hearing shall be set in conformance with the timing requirements of CR 65(b).
LCR 66. RECEIVERSHIP PROCEEDINGS (a) Generally.
(1) Petition and Notice.A petition for appointment of a receiver may be filed in an underlying proceeding, as provided in RCW 7.60 or as a new action as otherwise provided by statute. Reasonable notice of the time and place of the hearing to determine the appointment of a receiver and the name of any proposed receiver recommended by the petitioner shall be served upon all parties. If the petition is filed as a new action, the initial hearing shall be set without oral argument in the Ex Parte and Probate Department, be presented through the Clerk’s office, and an order to show cause shall be served on all parties. Contested proceedings may be referred by the commissioner to the assigned Judge. Petitions filed in a pending action shall be heard by the assigned Judge, and do not require an Order to Show Cause if all parties have been served and appeared in the action. Upon the appointment of a receiver, the receiver shall notify all parties of the appointment.
(2) Procedure.Court rules for motion practice will apply to applications for appointment of a receiver.
(3) Status Conference.After the appointment of a receiver, any party may note a status conference before the assigned Judge for the purpose of determining the course of proceedings in the receivership, including amending the case schedule and such other matters as may be appropriate for the receivership.
(4) Ancillary Proceedings.Any actions filed by or against a receiver shall be assigned to the Judge overseeing the receivership, unless otherwise ordered by that Judge. LCR 77. SUPERIOR COURTS AND JUDICIAL OFFICERS (f) Sessions.
(1) Continuous Session.There shall be one continuous session of court from January 1 to December 31 of each year, excepting those days designated as legal holidays and such days in connection therewith as shall be specifically designated from time to time by the court.
(2) Court Hours.
(A) Presiding Department.The court shall be open from 8:30 AM to 12:00 noon and 1:30 PM to 4:30 PM, Monday through Friday and Saturday from 10:00-12:00. No judge need attend personally on Saturdays except upon call. When not personally present, the Presiding Judge shall keep posted in a conspicuous place on the courtroom door and also on the door of the County Clerk's office a notice giving the names and telephone numbers where the Presiding Judge or acting Presiding Judge and clerk may be reached during court hours.
(B) Trial Departments.Sessions of trial departments other than the Juvenile and Special Calendars Departments shall be from 9:00 AM until 12 noon and from 1:30 PM until 4 PM, Monday through Friday, unless otherwise ordered by the judge. Special sessions of any court may be held on Saturday at the discretion of the judge presiding in the particular department, to hear any and all matters that such judge sets for hearing before him/her and at such hours upon said day as the departmental judge shall fix.
(C) Ex Parte Department.The Ex Parte Department shall be open from 9 AM until 12 noon and from 1:30 PM until 4:15 PM, Monday through Friday.
(i) Sessions Where More Than One Judge Sits -- Effect on Decrees, Orders, etc.
(1) Presiding Judge; Duties. The Presiding Judge shall preside when the court sits en banc, shall preside over the Department of the Presiding Judge and shall receive and dispose of all communications intended for the Superior Court not personally addressed to any judge nor relating to business which has been assigned to any particular department.
(2) --Same; Jurors.The Presiding Judge shall have general charge of all jurors and shall determine requests for excuse from jury service. The Presiding Judge may delegate the determination for requests for excuse from jury service to senior jury staff.
(3) --Same; Liaison with Departments.If, for any reason, a departmental judge cannot hear a matter, he/she shall return it to the Chief Civil Department for Seattle case assignment area cases and the Chief Maleng Regional Justice Center Judge for Kent case assignment area cases, for hearing or reassignment.
(4) --Same; Criminal Arraignments, Emergency Orders and Writs. The Chief Criminal Judge shall hear or assign for hearing the criminal arraignment calendar. Applications for Writs of Habeas Corpus relating to custody of minor children and other extraordinary writs shall be presented to the Chief Civil Judge for Seattle case assignment area cases and the Chief Maleng Regional Justice Center Judge for Kent case assignment area cases. Applications for emergency and miscellaneous applications on civil matters shall be presented to the Chief Civil Department. No other judge shall sign emergency orders or grant writs while the Presiding Judge or Chief Civil Judge is on duty unless the matter is specifically assigned to that judge by or under the direction of the Presiding Judge or Chief Civil Judge, or except as provided in LR 98.40. Any order procured in violation of this paragraph may be set aside by the Presiding Judge or Chief Civil Judge upon the application of the party against whom the order has been issued made within 24 hours after service of the order. (See also CR 65(a)(1), Notice.)
(5) --Same; Ex Parte Orders.The Chief Civil Department may hear any matters assigned to or arising out of the Ex Parte Department.
(6) --Same; Judges Pro Tempore. All judges pro tempore shall be appointed by the Presiding Judge.
(7) --Same; Absence.The Presiding Judge in case of disability or necessary absence, may designate another judge to act as Presiding Judge temporarily when the Assistant Presiding Judge is not available.
(8) --Same; Delegation of Duties.The Presiding Judge may delegate all duties not required by law to be performed by a Superior Court judge in person.
(9) Ex Parte Department; Show Cause Orders.Applications, motions, show cause orders and citations shall be made returnable before the following departments:
(A) Probate.Motions, orders to show cause and citations in probate shall be made returnable to the Ex Parte Department.
(B) Writs of Restitution; Unlawful Detainer.Orders to show cause why a writ of restitution should not be issued in an unlawful detainer matter shall be made returnable to the Ex Parte Department.
(C) Other. Motions and orders to show cause in all other civil proceedings shall be made returnable before the assigned judge.
(10) Orders to Show Cause.The court shall make orders to show cause returnable in not less than five days except for good cause shown.
(11) Sealed Files.Applications to examine sealed files shall be made as follows: civil, domestic, paternity and dependency cases to the assigned judge, or respective Chief Judge, and petitions to review or remove a will from the will repository to the Ex Parte and Probate Department, with oral argument, presented in person; adoption cases to the Sealed Adoption File Committee judges; dependency cases to the Juvenile Department; mental illness cases to the mental illness calendar. No order permitting the examination of any sealed file shall be entered without a written motion establishing justification under applicable court rules and caselaw. The court may, in its discretion, require notice to be given to any party in interest before permitting such examination. Comment: See also LFLR 5(c)(Where to Schedule Specific Motions in Family Law Proceedings). LCR 98.04 ESTATES-PROBATE-NOTICES
(a) Probate Hearings.Probate matters shall be presented to the Ex Parte and Probate Department in accordance with the policy guidelines in the probate manual issued by the Court and the Motions and Hearings Manual issued by the Clerk. The judicial officer may refer contested proceedings to the Clerk who shall issue a case schedule and assign a judge.
(b) Clerk's File and Noticed Hearings Required. The following matters shall be noted for hearing at least 14 days in advance:
(1) All guardianship and decedent's estate matters involving the approval of periodic reports, final accounts or the expenditure of funds;
(2) Petitions for Nonintervention Powers, unless notice has been waived by the parties or is not required by law;
(3) Interim accounts in estate matters;
(4) Motion for confirmation of sale of real estate; or
(5) Any other matter in which the court is requested to find that certain procedural steps have been taken.
(6) Working copies of all contested matters and those requiring notice must be delivered to the Ex Parte and Probate Department or the judges’ mailroom of the appropriate case assignment area, not later than seven days preceding the hearing. Response documents including briefs, if any, must be filed with the clerk and copies served on all parties and delivered to Ex Parte or the judges’ mail room of the appropriate case assignment area no later than noon four court days prior to the hearing time. Documents in strict reply thereto shall be similarly filed and served no later than noon two court days prior to the hearing. The upper right-hand corner of all working copies shall be marked "working papers” and note the name of the calendar, the date and time of the hearing, and by whom these documents are being presented ("moving party," "opposing party" or other descriptive or identifying term shall be written in).
(c) Bonds to be Signed by Principal.All bonds required of personal representatives shall be signed by the principal and shall contain the address of the surety.
(d) Order for Production of Wills.Upon filing any petition showing jurisdictional facts as to the estate of a deceased person and alleging that it is believed that a will exists and is in a safety deposit box to which the deceased had access, any person having control of such safety deposit box may be directed by court order to open such box in the presence of the petitioner, and if a document purporting to be a will of the deceased is found, the custodian of such safety deposit box shall deliver the same to counsel for the petitioner for immediate filing or to the clerk of the court.
(e) Appointments; Eligibility of County Employees.No county employee shall be appointed guardian or administrator in any matter in which compensation is allowed, unless he/she has an interest or blood kinship, or as an heir, or of a financial nature.
(f) Probate Homesteads; Prior Claims.In all cases where a petition for allowance in lieu of homestead or in addition thereto is filed by the surviving spouse, vouchers showing the payment of funeral expenses, expenses of last sickness and of administration including fees of appraisers, or a signed written statement by the creditor that such payment has been provided for, must be filed at or before the time of the hearing of said petition.
(g) Oaths.The Personal Representative(s) name must be typed or printed on the oath as it appears in the order. When a Personal Representative in an estate changes his or her name, he or she must obtain an order for new letters and file an oath under the new name in order to receive new letters. The expiration date of the letters shall remain the same unless changed by the new order.
(h) Order Appointing Personal Representative.The order shall contain the name(s) of the Personal Representative as it appears in the oath.
(i) Notification of Change of Address. Any person appointed as Personal Representative or Administrator of an estate must file a notice of change of address with the court within 30 days of the change. LGR 15. DESTRUCTION, SEALING, AND REDACTION OF COURT RECORDS (a) Motions to Destroy, Redact or Seal.Motions to destroy, redact or seal all or part of a civil or domestic relations court record shall be presented, in accordance with GR 15 and GR 22, to the assigned judge or if there is no assigned judge, to the chief civil judge, with the following exceptions.
(1) Guardianship and Trusts:(Title 11) Motions may be presented to any regularly sitting (but not a pro tem) ex parte commissioner, without oral argument, through the Clerk’s office.
(2) Vulnerable Adult Protection Order:(RCW 74.04) Motions may be presented to any regularly sitting (but not a pro tem) ex parte commissioner.
(3) Minor/Incapacitated Settlement:The motion shall be presented to the judicial officer who approved the minor settlement unless the judicial officer who approved the minor settlement is a pro tem commissioner, in which case the motion shall be brought before the assigned judge or an appointed commissioner.
(4) Name Changes Based on Domestic Violence:If no assigned judge, motion may be presented by the requesting party to any regularly sitting (but not a pro tem) Ex Parte Commissioner.
(5) Financial Source Documents, Personal Health Care Records and Confidential Reports in Title 26 Cases:In a proceeding brought pursuant to RCW 26, “financial source document”, “personal health care record” and “confidential report” as defined under and submitted in accordance with GR 22 will be automatically sealed by the clerk without court order, if accompanied by the proper cover sheet. See, also, LFLR 5(c) and LFLR 11 with respect to family law court records in general.
(b)Orders to Destroy, Redact or Seal. Any order containing a directive to destroy, redact or seal all or part of a court record must be clearly captioned as such and may not be combined with any other order; the clerk’s office is directed to return any order that is not so captioned to the judicial officer signing it for further clarification. See also LCR 26(c), LCR 79 (d)(6), LFLR 5(c) and LFLR 11. The clerk is directed to not accept for filing and to return to the signing judicial officer any order that is in violation of this order.
(c) Motions to Unseal or Examine.See LCR 77(i)(11) with respect to motions to unseal or examine a sealed court record.
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) Final Decrees and Nonparental Custody Orders:Uncontested actions for marriage dissolution, separation or invalidity decrees and non-parental custody decrees may be presented for final hearing in the Ex Parte Department on the uncontested dissolution calendar on at least fourteen (14) days notice. The fourteen (14) day notice requirement for final hearings shall not apply to agreed decrees of dissolution, separation or invalidity when presented by an attorney of record, who as an officer of the court has signed a certificate of compliance in the form prescribed by the Court. The certificate shall be filed at the time the decree is entered. The fourteen (14) day notice requirement does apply to nonparental custody decrees. An uncontested nonparental custody decree may also be presented for final hearing at the time of the Mandatory Case Review hearing (as set forth in the Case Schedule).
(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)(7).
(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 7(b)(5).
(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) Application for Writs of Habeas Corpus Relating to Minor Children.Applications for Writes 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.
LFLR 15. RELOCATION OF CHILDREN.
(a) NoticeRequired. Where a parenting plan or custody order has been entered, a parent seeking to relocate a child outside of his or her school district shall provide notice in accordance with RCW 26.09.430-440. A parent objecting to relocation shall file and serve the form Objection to Relocation/Petition for Modification (DRPSCU 07.0700). If the objecting party is seeking to restrain an immediate move, that party shall file and serve a motion in accordance with LFLR 5 within fifteen (15) days of the filing of the Objection to Relocation/Petition for Modification.
(b)Presentation of Proposed Parenting Plan. In the absence of an objection, but no earlier than thirty (30) days after the relocating party has served a proposed parenting plan on the person entitled to residential time with the children, any party to the relocation action may present the relocating party’s proposed parenting plan to the Ex Parte and Probate Department through the Clerk’s office for entry.
(c) Motion for Default.If a response to an objection to relocation is not filed within the deadline for filing, a motion for default may be presented to the Family Law Department motions calendar upon fourteen (14) days notice.
(d) Motions for Temporary Orders.Motions for temporary orders shall not be heard until the deadline for filing an objection to relocation has passed, unless exigent circumstances require immediate relief.
(e) Concurrent actions.If a petition for dissolution or modification is already pending at the time a notice of intent to relocate is served and if the objecting party serves an Objection to Relocation/Petition for Modification, that action shall be assigned to the same judge assigned to hear the initial action and no new case schedule shall issue. If, after the filing of an Objection to Relocation/Petition for Modification, a party seeks to modify the parenting plan pursuant to RCW 26.09.260, the modification action shall be assigned to the same judge who is assigned the relocation action and a modification case schedule shall be issued which shall govern both actions. A party who seeks to amend the case schedule based on the filing of the second action shall note a motion pursuant to LCR 7(b) with the assigned trial judge.
(f) Mediation/Alternative Dispute Resolution. The parties shall participate in mediation or some other form of alternative dispute resolution before trial unless waived by court order.
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