RULE 4
MOTIONS AND APPLICATIONS - NOTICE - SERVICE
1) Note for Motion. Except as provided by paragraph 4, either party
may note a motion upon the motion calendar in writing, with proper and timely
notice to opposing counsel. Motions may only be noted on other calendars with
the prior permission of the Judge or Commissioner for good cause shown. Each
note for motion form shall include an estimate of the amount of time the
party believes the motion will take. Motions improperly noted may be
stricken by the Clerk.
2) Memoranda. Memoranda relating to motions shall not exceed
ten (10) pages, not including attachments and exhibits. Requests for waiver
of page limitations may be granted for good cause shown, and may be heard ex parte.
Copies of any statutes, ordinances, reported cases, or other authorities the
advocate deems important to his or her argument shall be attached to the
memoranda. Parties are encouraged, but not required, to electronically file
a "courtesy copy" of their written memoranda by e-mailing the Judge and
Commissioner with electronic copies sent to opposing counsel.
3) Motion Hearing Procedures. Oral argument on motions shall be limited
to five (5) minutes for each side, exclusive of testimony, unless the assigned
Judge or Commissioner determines otherwise.
4) Motion to Rescind or Modify a No Contact Order or Anti-Harassment
Order. A motion to rescind or modify a no contact order or anti-harassment order
shall be noted in the following manner: 1) The motion shall be noted on the
domestic violence calendar if the defendant and victim are not in custody,
or if the defendant and/or victim are incarcerated at the Whatcom County
Jail, upon the Thursday in-custody calendar, (2) the motion may be noted by
the victim advocate on behalf of the victim, the city attorney's office, the
court, a pro se defendant, or the defendant's attorney, (3) the moving party
shall provide written notice to the opposing party at least five court days
prior to the hearing date, and (4) the moving party shall complete and file
a written "Request to Rescind or Modify No Contact Order" to note the
hearing. Any victim or alleged victim requesting such a hearing shall be
referred to the victim advocate in the City Attorney's Office for assistance
in completing this process.
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