LCR 40.
ASSIGNMENT OF CASES
(a) Note of Issue.
Amended effective 7/1/01
(1) [Deleted]
Amended effective 7/1/01
(A) [Deleted]
Amended effective 7/1/01
(B) [Deleted].
(1) Of Law. In cases where a Case Schedule Order has
been entered issues of law shall be noted for hearing on a
form approved by the court and shall be heard on Friday each
week by the assigned judge. If Friday is a holiday, they
will be heard on Thursday. For the issues of default, see
LCR 55. For issues under CR 30, 31, 33, 34 and 35, see LCR 37.
Amended effective 7/1/01
In cases where a Domestic Case Schedule Order has been
entered issues of law shall be noted for hearing on a form
approved by the court on any Family Law or Paternity
Calendar as appropriate. However, in the case of summary
judgment motions, they shall be noted for hearing before the
assigned judge.
Amended effective 7/1/01
(2) Family Law Cases. (Pursuant to RCW 26.09, 26.10
not otherwise specified).
Amended effective 7/1/01
The Judges shall appoint periodically judges to act as
Family Law Judges who shall manage all matters of family law
administration. All cases involving matters of marriage
dissolution, legal separation, child custody and paternity
will be under the general supervision of the Family Law
Judges and one or more Family Law Commissioners.
Amended effective 7/1/01
A Financial Declaration, Asset and Liability List, and
Proposed Parenting Plan and Child Support Worksheets, if
applicable, shall be filed by each party, per the Domestic
Case Schedule Order.
Amended effective 7/1/01
If the opposing party fails to timely file a parenting
plan, the moving party shall note a motion in the ex parte
court on 10 days notice to adopt their parenting plan. If
the motion is granted the judge or court commissioner shall
take appropriate action to include an order precluding the
introduction of evidence on parenting issues, the adoption
of the parenting plan and/or such other sanctions as may be required.
Amended effective 7/1/01
Trials involving petitions for marriage dissolution,
legal separation, or child custody will be assigned to a
Family Law Judge for trial. Paternity cases will be
assigned for trial pursuant to LSPR 94.04(a)(6). A Family
Law Judge may reassign any family law matter in the due
administration of justice.
Amended effective 7/1/01
(b) Motion Practice.
(1) [Deleted]
Amended effective 7/1/01
(2) [Deleted]
Amended effective 7/1/01
(3) [Deleted]
Amended effective 7/1/01
(B) [Deleted]
Amended Effective 9/1/99
(4) [Deleted]
(5) [Deleted]
(6) [Deleted]
(7) [Deleted]
(8) [Deleted]
(9) [Deleted]
(10) Motion Setting—General. The Note for Hearing/Issue
of Law (form CI.06.0300) must be served and filed no later
than twelve days prior to the hearing (CR 6 and CR 40). Any
responding documents must be served and filed at least seven
days before the hearing. Reply documents must be served and
filed at least two days before the hearing. If a judge has
not been preassigned, the court administrator will notify
counsel of the assigned judge. In the event a motion or one
continued from a prior date is to be argued, counsel for the
moving party shall confirm with all opposing counsel that
they are available to argue the motion and then notify the
bailiff for the assigned judge by 12:00 noon two days before
the hearing. In the event an agreed or uncontested order of
continuance is to be entered, or an affidavit of prejudice
filed, counsel are further required to notify the assigned
judge’s bailiff by 12:00 noon two days before the scheduled
hearing. Failure to comply with the provisions of this rule
will result in the motion being stricken from the motion
calendar and terms considered.
(11) Motion Setting—Summary Judgment. (See LCR 56).
(12) Motion Setting - Criminal Matters. (See LCrR 4.5)
Amended effective 3/1/98
(13) Filing Motions, Memoranda and Affidavits–General.
The moving party shall file with the Note for Hearing/Issue
of Law form the following: The motion being noted, all
supporting affidavits and documentary evidence, and a brief
or memorandum of authorities, unless the legal position is
fully and adequately covered by the "authorities" section of
the issue of law form. If the responding party files a
response to the issue of law or any counter-affidavits,
briefs or memoranda of authorities, such responding
documents must be served and filed no later than seven days
before the hearing. The responding party must also file any
pleading to which the motion is directed. Any replying
documents must be served and filed at least two days before
the hearing. Failure to timely comply with these filing
requirements will result in a continuance or strike the
motion from the calendar and the imposition of terms.
(14) Copies of Motions, Memoranda and Affidavits. For
cases where a Case Schedule Order has been entered and a
judge assigned, a copy of the motion, brief, memorandum,
documents and affidavit shall be furnished to the bailiff at
the time of filing. For a case which does not have a Case
Schedule Order pursuant to LAR 0.4.1(a), these materials
shall be furnished to the Court Administrator’s Office. For
issues of law heard on the Family Law Calendar, these
materials shall be furnished to the Family Law Coordinator
for delivery to the assigned Court Commissioners.
(15) Motion Calendar Hearing Procedures. In cases
where a Case Schedule Order has been entered and a judge
assigned, the bailiff of the assigned judge will set the
time for hearing the motion. In cases where a Case Schedule
Order has not been entered pursuant to LAR 0.4.1(a), the
Presiding Court will assign the motion and the bailiff for
the assigned judge will set the time for hearing. Motions
for Default and Motions to Compel Discovery must be brought
in accordance with LCR 37 and LCR 55.
(16) Oral Argument of Motions. All motions shall be
limited to ten minutes per side unless additional time is
granted by the judge or court commissioner, in which case
the matter may be placed at the end of the calendar.
Requests for additional time shall be made in writing at the
time the motion or response is filed.
Amended effective 9/1/99
(17) [Deleted]
(c) Preferences (Reserved).
(d) Trials. When a case is set and called for trial,
it shall be tried or dismissed unless good cause is shown
for a continuance. The court may in a proper case, and upon
terms, reset the same.
(1) [Deleted]
Amended effective 1/18/00
(e) Continuances. All continuances will be considered
only upon written motion, for unforeseeable emergencies, for
good cause shown, and upon terms the court deems just. No
motion for continuance will be considered unless signed by
attorneys of record and clients. Motions to change the
trial date on a case where a Case Schedule Order has been
entered pursuant to LAR 0.4.1 shall be heard by the assigned
judge on or before the date designated in the Case Schedule Order.
(f) [Deleted]
Amended effective 1/18/00
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