Division One - Motion Practice Tips

March 2011

• Moving party may elect to submit a motion without oral argument or to note the motion to be decided by a commissioner for hearing, although a commissioner may elect to decide a motion without oral argument, RAP 17.4(c), or to require oral argument.

• Motions are heard on Friday motion calendars. Generally, motions for discretionary review are heard at 9:30 a.m. with the party’s and court’s motions at 10:30 a.m. (Occasionally, a Friday afternoon motion calendar is set for 1:30 p.m. and 2:30 p.m.) Motions for accelerated review in juvenile disposition appeals, dependency appeals and appeals from terminations of parental rights under RAP 18.13 and 18.13A are individually calendared by the commissioners.

• Contact the clerk’s office prior to noting a motion to confirm available dates and times.

• Motions for Discretionary Review of decisions of courts of limited jurisdiction (RALJ appeals) governed by RAP 2.3(d) are currently being considered by three judge panels without oral argument in Division One.

• Currently, Division One is not setting motions on the merits, but rather screens all ready appeals for consideration by a panel of three judges either with or without oral argument.

• Oral argument is generally limited to 10 minutes for the moving party and 10 minutes to be divided among the responding parties.

• Time available for argument is reflected by the countdown clock on the bench. An infrared assisted listening device is also available.

• Contact the clerk’s office to request telephone or video conference argument.

• If a party wishes to waive oral argument, they must notify the clerk’s office and opposing counsel. The argument will not be cancelled unless all parties agree to waive.