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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