LFLR 6. Family Law Motions Calendar Procedures
Local Family Law Rule
(a) Applicability. This rule applies to the family law motions calendar only and does not apply to motions before judges.
(b) Notice and Hearing.
(1) Notice of Court Date forms are required and may be obtained from the Clerk’s Office or by accessing www.kingcounty.gov/courts/clerk. Times and days for scheduling specific types of motions may also be obtained by calling 206-296-9300. See also LFLR 2.
(2) The original of the motion together with all supporting documents (including briefs, affidavits and/or declarations pursuant to RCW 9A.72.085) must be filed with the Clerk and copies served on all parties at least fourteen (14) calendar days before the date of the hearing. Response documents including briefs, if any, must be filed with the Clerk and copies served on all parties no later than noon four (4) court days prior to the hearing time; and documents in strict reply thereto shall be similarly filed and served no later than noon two (2) court days prior to the hearing.
(3) An additional working copy of all documents shall be submitted to the Family Law Motions Coordinator no later than noon three (3) court days prior to the hearing, except that documents in strict reply may be submitted by noon two (2) court days prior to the hearing. For any motion which requests the modification, adjustment, clarification, enforcement (including contempt), reconsideration or vacation of an earlier order, the working copies shall include a copy of the earlier order. Working copies shall be submitted to the Family Law Department pursuant to the requirements of LCR 7(b) to the extent not inconsistent with this rule.
(1) The moving party shall confirm the motion (including motions for presentation of orders), with the Family Law Confirmations Coordinator in person, by telephone or on the King County Superior Court website for Family Law Motions Confirmation Online. Confirmations by phone or in person must be done by either A) three (3) court days prior to the hearing between 2:30 and 4:15 PM or B) two (2) court days before the hearing between 8:30 AM and 12:00 noon. Confirmations via the King County Superior Court website can be done anytime between 12:01 PM three (3) court days prior to the hearing until 12:00 noon two (2) court days before the hearing. The phone number to confirm Seattle case assignment area cases is 206-477-1523. The phone number to confirm Kent case assignment area cases is 206-477-2750. If not timely confirmed, the motion will be stricken and all working papers destroyed.
(2) Motions cannot be confirmed in person, by telephone or via the website unless the moving party’s working copies have been received by the Family Law Department.
(d) Agreed Continuances. The parties may agree to continue a hearing only once on the family law motions calendar, and only prior to the end of the confirmation period, as follows:
(1) The parties may continue the motion to any court day that is at least five (5) court days after the scheduled hearing date. The moving party must notify the Family Law Motions Coordinator of the new agreed hearing date by telephone within the confirmation period set forth in LFLR 6(c) above. If agreement to continue the hearing is reached during the confirmation period, the motion must first be confirmed. Continuances cannot be requested through the King County Superior Court website.
(2) The moving party must re-confirm the motion for the new hearing date in accordance with LFLR 6(c) above. Confirmation may be done through the King County Superior Court website.
(3) A request for a continuance after the expiration of the confirmation period set forth in LFLR 6(c) above must be brought before the commissioner at the original confirmed hearing date and time and will ordinarily not be granted.
(e) Limitations on Declarations.
(1) Application. This section (e) of this rule does not apply to domestic violence petitions or domestic violence motions.
(2) Children’s statements. Declarations by minors are disfavored.
(A) All motions shall follow LCR 7 and LCR 10 to the extent they are not inconsistent with this rule, and use the forms required by LFLR 3.
(B) All filed documents and copies provided as working copies and served on other parties and attorneys shall be legible. If typed or computer printed, documents shall be in 12 point or larger type, double-spaced between the lines.
(4) Basis. Evidence, including written evidence in affidavits and declarations by the parties and lay witnesses, must comply with the rules of evidence. The rules of evidence provide that they need not be applied in domestic violence and anti-harassment protection order proceedings. See Rules of Evidence (ER) 1101(c) (4).
(5) Page limits.
(A) Generally. Absent prior authorization from the court, the entirety of all declarations and affidavits from the parties and any non-expert witnesses in support of motions (except financial declarations), including any reply, shall be limited to a sum total of twenty-five (25) pages. The entirety of all declarations and affidavits submitted in response to motions shall be limited to a sum total of twenty (20) pages.
(B) Exhibits. Exhibits that consist of declarations or affidavits of parties or witnesses shall count towards the above page limit. All other exhibits attached to a declaration or affidavit shall not be counted toward the page limit.
(C) Financial Declarations. Financial Declarations and financial documents, as specified in LFLR 10, do not count toward the page limit.
(D) Expert Reports and Evaluations. Declarations, affidavits, and reports from Court Appointed Special Advocates (CASA), Family Court Services (FCS) and expert witnesses do not count toward the page limit.
(E) Miscellaneous Exceptions. Copies of declarations or affidavits previously filed for a motion already ruled upon and supplied only as a convenience to the court in lieu of the court file do not count toward the page limit. Deposition excerpts shall not count toward the page limit.
(6) See LCR 7 for format and word limits on motions, opposition papers, briefs and memorandum of authorities.
(f) Time for Argument.
(1) Each side is allowed five (5) minutes for oral argument, including rebuttal, unless otherwise authorized by the court.
(2) By written stipulation of all parties, any motion except a motion for contempt may be set without oral argument.
(A) Motions heard without oral argument shall be set for a specific date and are subject to the same requirements (including confirmation) as other motions.
(B) Each party shall provide working copies including a proposed order(s) and shall timely serve the opposing party. Working copies shall be submitted pursuant to the requirements of LCR 7(b) to the extent not inconsistent with this rule. Parties submitting working copies in paper form shall also conspicuously include the words “Without Oral Argument” in the upper right corner of each document.
(C) The commissioner may order the parties to appear for argument.
(g) Special Settings.
(1) Additional time for argument. A request for a special setting for oral argument that will require more than five minutes per side, or for other special settings shall be made in writing addressed to the Family Law Motions Coordinator.
(A) The request should state the extraordinary features of the case and explain why additional time for oral argument is needed. The request should state the length of time requested, and whether the other parties agree with the request. The written request shall include working copies of the motion and supporting documents, and all responses received.
(B) The written request shall be filed with the Clerk and working copies shall be submitted to the Family Law Coordinator, and served on all other parties at least six (6) court days prior to the scheduled hearing date. Any response to the request shall be similarly filed and delivered to the Coordinator and other parties by noon at least two (2) court days prior to the scheduled hearing date. Replies are not permitted. Working copies shall be submitted to the Family Law Department pursuant to the requirements of LCR 7(b) to the extent not inconsistent with this rule.
(C) An order granting the request cannot be entered by stipulation or agreement.
(D) No other motion may be joined with a request for additional time.
(E) If granted, the Court will set the date and time for additional time for argument on the Family Law Motions Calendar.
(2) Motions to Permit Live Testimony at a Hearing. Except for domestic violence protection order proceedings, a party seeking to present live testimony at a hearing must file a request in writing in the same manner as a request for additional time for argument (in LFLR 6(g)(1) above).
(A) An order Permitting Testimony cannot be entered by stipulation.
(B) If granted, the court will notify the parties of the hearing date and time.
(h) Order on Hearing. Unless otherwise ordered by the Court, immediately following each hearing, an order reflecting the ruling of the Court shall be presented for signature.
[Adopted effective September 1, 2004; Amended effective June 24, 2008; June 1, 2009; September 2, 2014; September 1, 2015; September 1, 2017; September 1, 2018.]