RULE 7. MOTIONS (b) Motions and Other Papers. (1) How Made (A) Reapplication on Same Facts. When an order has been applied for and refused in whole or in part or has been granted conditionally and the condition has not been performed, the same application for an order shall not be presented to another judge without advising the second judge of the fact that the order was previously refused or conditioned. (B) Subsequent Motion, Different Facts. If a subsequent application is made upon an alleged different state of facts, it shall be shown by affidavit what application was made, when and to what judge, what order or decision was made thereon, and what new facts are claimed to be shown. Any order obtained in violation of this section may be set aside. (5) Motion Dockets. The civil, dissolution/family law and criminal dockets shall be conducted on Monday, as more specifically set forth below. If Monday is a holiday, the dockets will be heard on the following Tuesday. (A) Civil Motion Docket. The civil motion docket will begin at 8:30 a.m. at the courthouse in Montesano. Summary judgment motions, hearings requiring testimony and motions requiring argument longer than five minutes per side will be heard on Monday afternoon beginning at 1:30 p.m. All motions requiring an afternoon setting must be scheduled through the Court Administrator or specially set by a Judge. (B) Dissolution/Family Law Docket The dissolution/family law docket will begin at 9:00 a.m. at the courthouse in Montesano. (C) Filing, service and scheduling of motions. (1) In civil and family law cases, all motions and supporting documents shall be filed and served not later than five days before the time specified for the hearing. All material in response to a motion shall be filed and served no later than noon the work day before the hearing date. Bench copies of all documents relating to a motion should be provided to the judge by noon the work day before the hearing date. (2) On the morning motion calendar, the parties shall be limited to five minutes on each side. At the conclusion of the time limit, argument shall cease and the matter shall be deemed submitted provided that if the court desires to hear further argument, it may place the matter at the end of the motion calendar, set the matter for further argument on the afternoon calendar, or continue the matter to a specified date. (3) All matters for the morning calendar shall be noted through the Clerk's office. All matters for the afternoon calendar shall be set by the Court Administrator. With the consent of the court and all parties, motions and hearings may be heard by telephone conference or set on days other than motion days. Scheduling of such motions and hearings shall be done through the Court Administrator. (4) Any motion noted on the afternoon docket will be stricken from the calendar unless the hearing is confirmed with the Court Administrator in person or by telephone at 360-249-5311. Such confirmation shall be given no sooner than the Tuesday before the hearing and no later than noon on the Thursday prior to the hearing. Confirmation is not required for the morning docket; however, as a courtesy to the Court, the court clerk should be notified by noon Thursday of any matter which will not be heard on the Monday morning docket. (5) Motions may be continued one time by stipulation of the parties. Motions on the afternoon docket should be continued before the end of the confirmation period. Additional continuances must be with the approval of the court. Motions which are not ready to be argued on the day called and which are not continued shall be stricken subject to being renoted. (D) Ex Parte Matters. Ex parte matters may be presented to the judge in chambers. Counsel is responsible for obtaining the court file when presenting ex parte matters. Lawyers should not ask the court for ex parte orders without notice to opposing counsel if counsel has appeared either formally or informally. (E) Reconsideration. A motion for reconsideration shall be submitted on briefs and affidavits only, without oral argument, unless the trial judge requests oral argument. The moving party shall file the motion and all supporting affidavits, documents and briefs at the same time, and on the date of filing serve on or mail a copy thereof to opposing counsel, and deliver a copy thereof to the trial judge which copy shall show the date of filing. The trial judge shall either deny the motion and advise counsel of the ruling or request responding briefs and direct the movant to note the motion for hearing. (F) Frivolous Motions. Terms and sanctions may be imposed if the court finds that any motion or its opposition is frivolous. (6) Other Motion Dockets. The court shall conduct a motion docket for paternity cases and default dissolutions on Monday at 1:30 p.m. at the Juvenile Detention Facility located in Aberdeen, Washington. The domestic violence protection order petitions will be heard on Monday at 3:00 p.m. at the courthouse in Montesano. These dockets shall be conducted by the department not assigned to the civil or criminal docket on that date. (Effective 1/1/12.) (7) Petitions for Adoption. Uncontested petitions for adoption shall be scheduled for Monday at 8:15 a.m., to be heard by the department not assigned to the civil or criminal docket on that date.
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