Local Civil Rule 7
PLEADINGS ALLOWED; FORM OF MOTIONS
(b) Motions and Other Papers.
(1) Memorandum of Authorities and Affidavits Required.
(A) The moving party shall serve and file with his or her Motion a brief
written statement of the Motion and a brief containing reasons and citations of
the authorities on which he or she relies. If the Motion requires the
consideration of the facts not appearing of record, he or she shall also serve
and file copies of all affidavits and photographic or other documentary
evidence he intends to present in support of the motion.
(B) Each party opposing the Motion shall at least one (1) day prior to the
argument, serve upon counsel for the moving party and file with the Clerk a
brief containing reasons and citations and of the authorities upon which he
relies, together with all affidavits and photographic or other documentary
evidence any supporting material.
(2) Necessary Provision in Pleadings Relating to Supplemental Proceedings
and Show Cause Hearings for Contempt. In all supplemental proceedings wherein
an order is to be issued requiring the personal attendance of a party to be
examined in open court, and in orders to show cause for contempt, the order
must include the following words in capital letters:
YOUR FAILURE TO APPEAR AS ABOVE SET FORTH AT THE TIME, DATE, AND
PLACE THEREOF WILL CAUSE THE COURT TO ISSUE A BENCH WARRANT FOR YOUR
APPREHENSION AND CONFINEMENT IN JAIL UNTIL SUCH TIME AS THE MATTER
CAN BE HEARD OR UNTIL BAIL IS POSTED.
No bench warrant will be issued in such cases for the apprehension of the cited
person if such language has been omitted.
(3) Counsel Fees. Appointed counsel submitting motions for fixing or
payment of fees and counsel requesting that the Court fix fees in any other
case (except for temporary fees in domestic relation cases) should itemize
their time, services rendered, or other detailed basis for the fees requested
and attach a copy thereof to the motion.
(4) Action Required by Clerk. All documents filed with the Clerk, other than a
note for the motion or trial dockets (see LCR 40) which require any action (other than
filing) by the Clerk shall contain a motion in the caption specifying the
nature of the document the words: "CLERK'S ACTION REQUIRED."
(5) Motion to Shorten Time All motions to shorten time must be in writing and
supported by declaration or affidavit that (a) states exigent circumstances or other
compelling reasons why the matter must be heard on shortened time and (b)
demonstrates due diligence in the manner and method by which notice, or
attempted notice, was provided to all other parties regarding the presentation
of the motion to shorten time. If the moving party, after showing due
diligence, has been unable to notify all parties of the motion to shorten time,
it is within the judicial officer's discretion to proceed with the motion to
shorten time. The judicial officer shall indicate on the order shortening time
the minimum amount of notice to be provided the responding party, which,
barring extraordinary circumstances as set forth in the declaration or
affidavit supporting the motion, shall not be less than 48 hours. The court
file must be presented along with the motion to shorten time, declaration or
affidavit, and the proposed order to the judicial officer considering the request.
(6) Document Format. Documents prepared for a judge's signature must contain
at least two (2) lines of text on the signature page.
(7) Hearing of Motion Calendar.
(A) Note for Motion Docket. Any attorney desiring to bring any issue of law
on for hearing shall file with the Clerk and serve on all opposing counsel, not
later than five (5) days prior to the day on which the attorney desires it to
be heard, a note for the motion docket which note shall contain the title of
the court, the cause number, a brief title of the cause, the date when the same
shall be heard, the words "Note for Motion Docket," the name or names of each
attorney involved in the matter, the nature of the motion , and by whom made.
It shall be subscribed by the attorney filing the same and shall bear the
designation of whom the attorney represents. The foregoing provisions shall
not prohibit the hearing of emergency motions at the discretion of the Court.
(B) Over 10 Minutes for Hearing. If the moving party expects the motion to
take more than ten (10) minutes to argue by all sides collectively, the movant
shall designate on the note for motion docket that the matter is "over 10
mintes." If the non-moving party expects the argument to take over ten (10
minutes by all sides, the non-movant shall call the Clerk's Office not later
than two (2) court days prior to the scheduled hearing and so advise the Clerk.
(C) Removal of Motion. If the motion is not so served, mailed, and filed the
Court may strike the same from the calendar.
(D) Service of Notice. The motion will not be heard unless there is on file
proof of service of notice upon the attorney for the opposing party or there is
an admission of service by opposing counsel.
(E) Continuance or Striking of Noted Motions by Parties. A matter noted on
the motion docket may be continued pursuant to the following:
i. The moving party may strike or continue a motion at any time without cause
with adequate notice to the opposing parties. Sanctions may be imposed if the
opposing party's appearance at the hearing could have been avoided through due
diligence of the moving party.
ii. Upon a showing of cause, the Court, in its discretion, may grant the
non-moving party's request for a continuance.
iii. The party striking any matter may give notice to the non-moving parties by
any means reasonably likely to provide actual notice. The clerk may be notified
either by written notice or by e-mail notification. Notice to the Franklin County Clerk
may be emailed to the following address: civilclerk@co.franklin.wa.us for civil cases;
and domesticclerk@co.franklin.wa.us for domestic cases. Notice to the Benton County Clerk
may be emailed to the following address: clerk@co.benton.wa.us.
iv. If the matter is stricken or continued and the moving party desires a
hearing, a new note for motion docket must be filed with the Clerk in
accordance with section (A), above. However, by mutual consent the parties may
dispense with a new note for docket for motions that are continued.
(F) Calling Docket - Priority for Pro Bono Counsel. The causes on the civil
docket for each motion day will be called in order, and the moving party, if
no one appears in opposition, may take the order moved for upon proper proof of
notice, unless the Court shall deem it unauthorized. In order to encourage
participation in pro bono legal representation, all motions, where on or both
parties are represented by pro bono counsel, shall, at the request of the
pro bono attorney be given priority on the docket. Such priority shall be given
without any reference as to the reason why. All parties are to appear in person.
(G) Continuances by Court. Any motion or hearing may be continued by the
Court to a subsequent motion day or set down by the Court for hearing at another
specified time, and the Court may alter the order of hearing as may be
necessary to expedite the business of court.
(H) Frivolous Motions. Upon hearing any motion, if the Court is of the opinion that
such motion is frivolous, or upon granting a continuance of any matter, terms
may be imposed by the Court against the party filing such motion, or
against the party at whose instance such continuance is granted.
(I) Ex Parte - Notice to Opposing Counsel. Lawyers should not ask the Court
for ex parte orders without proper notice to opposing counsel, if counsel
has appeared either formally or informally. This rule applies to
temporary restraining orders and orders to show cause in domestic
relations cases, as well as all other types of matters. (See Rule 65.)
(J) Decisions Without Oral Argument. Upon agreement of the parties, or upon
request of the Court, a motion may be determined without oral argument. The
moving party shall contact Court Administration to request a decision under this rule.
(K) Discovery Motions. The Court will not entertain any Motion or objection
with respect to Rules 26, 27, 30, 31, 33, 34, 35 or 36, Civil Rules for
Superior Court unless it affirmatively appears that counsel have met and
conferred with respect thereto. Counsel for the moving or objecting party
shall arrange such a conference. If the Court finds that counsel for any
party, upon whom a Motion for an objection with respect to matters covered by
such rules is served, willfully refused to meet and confer, or having met,
willfully refused or fails to confer in good faith, the Court may take
appropriate action to encourage future good faith compliance. In the event of
an emergency, the Court will entertain Motion objections which would otherwise
be governed by the above rule.
(L) Argument on the civil docket shall be limited to one (1) hour.
[Adopted Effective April 1, 1986; Amended Effective August 1, 1990; September 1, 2002,
September 1, 2009, September 1, 2011]
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