Judge Michael Scott - Superior Court

Requests

Email

Parties are to refer to the Superior Court Email Policy prior to sending an email to the Court. The only address to be used by attorneys, self-represented litigants, or others who need to communicate with court staff about a case is the courtroom e-mail address: scott.court@kingcounty.gov. Absent express invitation by the judge, the judge’s individual email address must not be used.

Rules to review before contacting the court:

• Ex Parte Procedures (King County Local Rule 40.1)
• Procedures for motions without oral argument (King County Local Rule 7)
• Revision & Reconsideration (King County Local Rule 7)
• Trial Continuance (King County Local Rule 40)
• Summary Judgments (Civil Rule 56)
• Motion to dismiss (Civil Rule 12)
• Motion to set aside judgment (Civil Rule 60)
• Motions for order compelling discovery (King County Local Rule 37)
• Motion to shorten time (KCLR 7(b)(10))
• Motion to seal (LGR 15)
  

Proposed Orders and Working Papers

Department 9 is a paperless court. Judge Scott requires a Word version of all proposed orders. You may submit your proposed order via the e-filing portal by using the e-working copies application. Working copies of motions and declarations should be submitted via the e-filing portal. Self-represented parties may submit physical working copies to the judge’s mailroom in C-203 at the King County Superior Courthouse clearly marked for Judge Scott. The Court does not accept delivery of working papers by email, or by delivery to the courtroom.

Criminal Motions and Sentencing Hearings

Department 9 is a paperless Court and prefers working copies submitted via eWorking Copies. Please make sure Judge Scott’s name and the case information is clearly marked. The Court does not accept working copies via email, absent prior authorization. Responses are required on all motions and should be submitted in accordance with LCR 7(b).

Dispositive motions and hearing requests

Dispositive motions are heard on Friday mornings. The scheduling party shall consult with opposing counsel(s) before contacting the court. Doing so reduces the need to reschedule hearings due to conflicts. Parties are encouraged to contact the court far in advance of trial to schedule a dispositive motion, as time slots are limited.
Any request for a dispositive motion hearing must be emailed to the court and include at minimum:

• Case number and caption in the subject line
• Names, phone numbers and email addresses of all counsel and parties
• Nature of motion

The Court typically allots 1 hour for dispositive motions. Additional time may be provided on hearings involving multiple parties or complex motions. Please advise the bailiff if additional time is being requested. Note: Most non-dispositive motions do not require oral argument under the Civil or Local Rules. If a party would like to request oral argument, the motion should be noted pursuant to the applicable court rules, and you may request argument by simply noting in the upper right-hand corner of the working papers “Oral Argument Requested.” If, after reviewing all briefing, the Court determines oral argument is appropriate, the bailiff will contact the parties and set a mutually acceptable time for oral argument.

Non-dispositive civil motions

Parties must comply with all the requirements of KCLR 7 and any emergency orders in place when setting motions without oral argument. All motions should be submitted with proposed orders in Word format, submitted via eWorking Copies. Self-represented parties may submit physical working copies to the judge’s mailroom in C-203 at the King County Superior Courthouse clearly marked for Judge Scott.
Copies of signed orders will be delivered to counsel or the parties electronically if email addresses have been provided to the Court.

Working Copies for Civil Motions

Department 9 is a paperless court and reviews materials requests receipt all working copies submitted via eWorking Copies. The Court does not accept working copies of pleadings by email absent prior authorization. All motions must be noted pursuant to LCR 7(b) and filed with the clerk. Working copies should have the judge’s name and the date and time of the hearing in the upper right-hand corner of the first page of the motion. All working copies shall also include a proposed order(s) in Word format.

Court transcripts - Digitally recorded courtroom

If prior to the hearing or trial you know that you will want a copy of the CD, notify the courtroom clerk, who will be able to provide the information needed at the end of the hearing. After the hearing or trial, if you determine you need a copy of the CD, it may be obtained directly from the Clerk's Office copy center. You will need to submit a completed CD Request Form (40KB).

The court proceedings in Department 9 are recorded by FTR Gold equipment, which digitally records all proceedings. If you are requesting a copy of a recording, you will need to submit a completed CD Request Form to the Clerk’s Office. If the parties are requesting a court reporter for a hearing or trial, please notify the bailiff as soon as possible.

Court involvement in discovery

Early judicial involvement in discovery can often avoid disputes and expedite resolution of disputes when they arise. Judge Scott encourages the parties to request a pretrial conference under CR 16 or CR 26(f) to consider matters such as

1. The scope and timing of discovery.
2. Limitations of discovery requests and depositions.
3. Procedures and protocols for electronic discovery.
4. Expert witness disclosures and discovery.
5. Anything else that would promote the efficient resolution of the case.

In complex cases or when it appears the parties are not working well in discovery on their own, the Court may order the parties to participate in a pretrial conference.

In all discovery matters lawyers should abide by their obligations to reasonably cooperate with one another, as expressed in the Rules of Professional Conduct. They should follow a “Golden Rule” of discovery: Seek discovery only of what you would consider reasonable if you were on the other side, and answer discovery as reasonably as you would expect it to be answered if you had promulgated it. Discovery should be reasonable, cooperative, and reciprocal; it should not resemble battle in any respect. Zealous advocacy should make use of the fruits of discovery; it should not be employed to seek unreasonable discovery or to avoid reasonable discovery.

If a discovery dispute arises, Judge Scott encourages the parties to seek his assistance in resolving it efficiently. Many disputes can be resolved promptly in a Zoom conference without the necessity of a formal motion. If the parties agree to informal guidance or resolution, please email scott.court@kingcounty.gov to arrange a conference. The email should – as succinctly and non-argumentatively as possible – describe the nature of the dispute and set forth each parties’ position. (As always, you must copy all parties on any email to the court.) If multiple or complex discovery disputes arise, Judge Scott may ask the parties to appear for a discovery conference in court. Telephonic, Zoom, and in-person conferences promote thoughtful, timely, and inexpensive resolution of disputes, and help the parties get back on track working well together in discovery.

Civil Trial continuances

Requests to change the trial date should be by motion, filed and noted on a nine-day calendar. See CR 7(b)(1) (“An application to the court for an order shall be by motion . . .”); LCR 40(e)(1) (“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 . . .”); 40(e)(2) (“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 . . .”). Follow the requirements of LCR 7. Do not send a stipulation and order to Judge Scott’s bailiff. If the parties agree on the request for a continuance, the moving party or parties should describe the motion as an “agreed motion” or a “stipulated motion” in the caption and set forth that agreement in the body. The motion should be served and filed and noted for consideration before the hearing judge two judicial days after filing in accordance with LCR 7(b)(4)(H).

The Court grants motions to continue a trial, other than the 28-day adjustment authorized by LCR 40(e)(1), only based on good cause. The motion should come with a declaration describing the nature of the case, the discovery and other trial preparation completed, what remains to be accomplished, and an explanation of why the case could not be completed within the original case schedule. The assertion that more time is needed for discovery or negotiation, without more, will not usually constitute good cause.

LCR 40(e)(2) applies to motions filed after the final date to change the trial date in the Case Schedule. That rule provides that “the motion will not be granted except under extraordinary circumstances where there is no alternative means of preventing a substantial injustice.” Given that stringent standard, parties should be mindful of the deadline to change the trial date and should make sure a motion filed after that date sets forth extraordinary circumstances that require a continuance to prevent a substantial injustice. Failing to address that standard and set forth such circumstances will likely lead to the denial of the motion.

Pretrial requirements

Pursuant to KCLR 40(d)(2), all trial memoranda and other trial submissions are due not later than five court days prior to trial. Please contact the clerk by email to obtain information on pre-numbering exhibits. All submissions should be made to Judge Scott, in care of the judges' mailroom. (See mailing address above.) In addition, Judge Scott requires all parties and counsel to work together to complete the Witness Examination Time Form (188KB), and that form must be submitted together with other pretrial memoranda five court days prior to trial. If the parties intend to use depositions in trial, designations and objections shall be marked according to the guidelines provided here. Deposition designations and objections shall be provided to the Court at least 5 days prior to trial, along with all other pretrial materials.

Prior to appearing in Judge Scott's Court for hearings or trial

Please review the Rules for Conduct (188KB) in his courtroom.

Weddings

Available at the King County Courthouse after 4:30 pm Monday to Friday by appointment. Please email the bailiff with inquiries at scott.court@kingcounty.gov. 

The Bailiff speaks conversational Mandarin Chinese. Please note, he cannot respond to emails written in any form of Chinese.