Local Civil Rule 94.07W
DOMESTIC RELATIONS MOTIONS
(a) Family court motions. Family court motions shall be scheduled on the
family court dockets in Benton and Franklin counties in accordance with the docket
schedule approved by the Superior Court judges. Docket days and times are available
through the Superior Court Administrator's Office or the Superior Court Clerk's office.
(1) Benton County Family Court motions.
(A) Benton County family court motions requiring more than ten minutes for
argument shall be noted on the over-ten domestic docket which starts at 8:30 a.m.
Should more than fifty (50) cases be noted for argument on the morning
docket, those in excess of fifty (50) shall automatically be scheduled to be
heard on the afternoon domestic docket of the same day and the parties shall be
notified of such by the Superior Court Clerk's office. Any case scheduled but
not heard on the morning docket shall be heard on the afternoon domestic docket
of the same day.
(B) All Benton County family court motions requiring less than ten (10) minutes
for argument and all pro se domestic motions, except for motions regarding
relocation, shall be heard on the afternoon domestic relations docket
which starts at 1:30 p.m.
(C) Benton County relocation motions shall be heard on the Prosser domestic docket.
(2) Declarations (Benton and Franklin Counties).
(A) Generally. Absent prior authorization from the court, the entirety of
all declarations and affidavits from the parties and any non-expert witness in
support of motions, including any reply, shall be limited to a sum total of
twenty-five (25) pages, excluding cover page and fax transmittal affidavit.
The entirety of all declarations and affidavits submitted in response to
motions shall be limited to a sum total of 20 pages. All declarations or
affidavits in excess of the page limitations shall not and will not be reviewed
or considered by the court. All declarations and affidavits must be legibly
hand-printed or typed in at least ten (10) point type. Authorization to exceed
the declaration page limitation shall be in writing and filed under the
respective cause number in the Superior Court Clerk's office.
(B) Exhibits. Exhibits that consist of declarations or affidavits of
parties or witnesses shall count towards the above page limit. All other exhibits
attached to a declaration or affidavit shall not be counted toward the page limit.
(C) Financial declarations. Financial declarations and financial documents
do not count toward the page limit.
(D) Expert reports and evaluations. Declarations, affidavits, and reports
from Court Appointed Special Advocates, Family Court Services, police reports,
guardians ad litem and expert witnesses do not count toward the page limit.
(D) Miscellaneous exceptions. Copies of declarations or affidavits previously
filed for a motion already ruled upon and supplied only as a convenience to the court in
lieu of the court file do not count toward the page limit. Deposition excerpts
do not count toward the page limitation.
(3) Time for Argument.
(A) Each side on the over-ten family Court motion docket is allowed seven (7)
minutes for oral argument including rebuttal unless otherwise authorized by the court.
Authorization to exceed the oral argument time limit by up to four minutes may
be granted if the court determines that exceptional circumstances warrant authorization.
Such authorization must be obtained prior to commencement of the docket.
Each side on the regular domestic docket is allowed five (5) minutes for oral argument
including rebuttal.
(Adopted Effective September 1, 2007, September 1, 2009.)
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