LSPR 94.04 FAMILY LAW ACTIONS 1. FAMILY LAW, PROBATE, ADOPTION AND DOMESTIC VIOLENCE MOTION CALENDAR AND CONFIRMATION PROCEDURES 1.1 The Family Law, Probate and Adoption Motion Calendar (where at least one party is represented by an Attorney) shall be held on Wednesdays at 9:00 a.m. 1.2 The Pro Se (Non-Attorney) Family Law Motion Calendar shall be held on Fridays at 9:00 a.m. 1.3 The Domestic Violence and Anti-Harassment Calendar shall be held on Wednesdays at 1:30 p.m. 1.4 Confirmation Procedures. With the exception of domestic violence and/or anti-harassment, all contested matters to be considered must be confirmed, as set out below, by calling the Clerk of the Court at (360) 427- 9670, Ext. 346, or by e-mail at firstname.lastname@example.org. Matters not confirmed will not be heard. (a) Confirmations must be made with the Clerk of the Court before 10:00 a.m. two (2) days prior to the motion calendar day as follows: · By 10:00 a.m. on Monday for matters on the Wednesday calendar; or · By 10:00 a.m. on Wednesday for matters on the Friday pro se calendar. (b) If the deadline for confirmation falls on a court holiday, confirmation shall be made before 10:00 a.m. on the last court day before the holiday. (c) Motions filed by those persons physically confined under a court order shall be deemed confirmed at filing. 1.5 Continuance of Confirmed Matters. Matters confirmed in accordance with paragraph 1.4 (a) and (b) are not subject to continuance, except with permission of the Court, but shall be stricken and re-noted by the moving party. 2. LIMITATIONS ON DECLARATIONS 2.1 Generally. Absent prior authorization from the Court as set forth in paragraph 2.10 below, the entirety of all declarations and affidavits in support of motions, including any reply, shall be limited to a sum total of twenty-five (25) pages. The entirety of all declarations and affidavits submitted in response to motions shall be limited to twenty-five (25) pages. 2.2 Application. This rule shall apply to all family law motions, motions in paternity actions, actions to establish residential schedules, domestic violence and anti-harassment hearings. No portion of this rule shall be construed to permit application of the page limits described herein to each motion noted for a particular day, e.g., motions for a temporary parenting plan, child support, guardian ad litem and temporary restraining order shall, if noted for the same day, be considered as one motion. 2.3 Format. All motions and pleadings in support thereof shall use mandatory forms where applicable, follow the format required by GR 14 and meet the requirements of GR 31. If typed or computer printed, documents shall be in 12 point or larger type and double-spaced. If handwritten, documents shall be single-sided, double-spaced and written legibly using black or dark blue ink. 2.4 Exhibits. Exhibits that consist of declarations or affidavits shall count toward the above page limits. All other exhibits attached to a declaration or affidavit shall not be counted towards the page limit. 2.5 Financial Declarations. Financial declarations and financial documents do not count toward the page limit. 2.6 Expert Reports and Evaluations. Declarations, affidavits or reports from guardians ad litem and expert witnesses do not count toward the page limit. 2.7 Children's Statements. Declarations by minors in family law matters are disfavored and the Court may, in its discretion, refuse to consider such declarations. 2.8 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 limit. 2.9 Authorization. A party seeking authorization to exceed the page limit may do so by noting the matter on the family law calendar. Parties may appear in person or by telephone; provided, however, that authorization to appear by telephone must be made in advance by calling the Court Administrator's Office at (360) 427-9670, Ext. 206. Notice of this hearing shall be given in the same manner as provided in CR 5. 2.10 Consequences of Non-Compliance. If the Court finds that one or more parties have violated this rule, the Court may, in its discretion, assess terms, strike or continue the matter, or refuse to consider materials that violate this rule. [Adopted effective 9-1-2006; amended effective 9-1-2010; 9-1-2012.]
Click here to view in a PDF.
|Courts | Organizations | News | Opinions | Rules | Forms | Directory | Library|
|Back to Top | Privacy and Disclaimer Notices|