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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