General Orders of Division II
1992-2 Rescinding and Replacing Paragraph III of General Order 91-1 In RE The Matter of Hearing Motions by Telephone
GENERAL ORDER 92-2 RESCINDING AND REPLACING PARAGRAPH III OF GENERAL ORDER 91-1 IN RE THE MATTER OF HEARING MOTIONS BY TELEPHONE
- In its discretion, the court may permit a motion to be heard by telephone, or it may require that the motion be heard in person.
- Generally, the court will require a showing of hardship before ordering that a motion will be heard by telephone.
- Factors tending to show hardship include but are not limited to the following:
- The office of the requesting party's attorney, or if the requesting party has no attorney, the residence of the requesting party, is located more than 50 miles from the court's facilities in Tacoma;
- The attorney for the party, or if the party has no attorney, the party himself or herself, is physically disabled in such a way as to make it difficult for him or her to appear personally before the court.
- Factors not sufficient to show hardship include but are not limited to the following:
- That all counsel or parties have consented.
- That coming to court will be more inconvenient than using the phone.
- That counsel or a party has a scheduling conflict, e.g., a deposition or other court proceeding.
- If a request for telephone hearing is based on counsel or a party being more than 50 miles from Tacoma, the court may deny the request if the court has an upcoming motion docket scheduled in the appropriate locale and no party will be prejudiced by delaying hearing until that docket.
- When it is desired that a motion be heard by telephone, the following procedures apply:
- Procedures before the hearing.
- A moving party who desires that a motion be heard by phone shall so request by a separate pleading filed along with the motion. The pleading shall state the criteria deemed to justify the request. The pleading shall be served upon all other parties or their counsel along with the motion. The court will grant or deny the request before it sets the motion for hearing, and counsel will be notified at the same time as they are notified of the date for the hearing itself.
- A non-moving party who desires that a motion be heard by phone shall so request by a separate pleading filed within 10 days after the date of the court's notice or letter setting the motion for hearing. The pleading shall state the criteria deemed to justify the request. The pleading shall be served upon all other parties or their counsel. The court will notify counsel of its decision on the request by means of a notation ruling.
- A party who objects to a request that a motion be heard by telephone may file a separate pleading stating the grounds of objection. The pleading must be filed within 5 days after the request. It shall be served on all other parties or their counsel. The court will notify counsel of its decision on the objection by means of a notation ruling.
- Procedures at the time of the hearing.
- At the time set for hearing, the party who requested that the hearing be by telephone shall initiate a conference telephone call involving the court and all counsel then available.
- Unless the court otherwise orders, the conference telephone call shall be paid for by the party who requested that the motion be heard by telephone.
- The court will tape record the telephone conference call.
- Miscellaneous provisions:
- This general order does not apply to emergency motions, which may be heard by telephone at the discretion of the presiding judicial officer.
- To the extent that RAP 17.5(e) and this general order are inconsistent, the provisions of RAP 17.5(e) are waived or altered. RAP 18.8(a). To the extent that RAP 17.5(e) and this general order are consistent, each supplements the other.
- This general order rescinds paragraph III of General Order 91-1.
- This general order does not authorize oral argument where none would otherwise be permitted.
- This general order shall apply to any motion heard on or after September 1, 1992.