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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