Mason County Superior CourtLCR 65 INJUNCTIONS (f) Motions for Ex Parte Restraining Orders. (i) Applicability. This section applies to motions for temporary restraining orders (also known as Ex Parte Restraining Orders) entered on an emergency basis to prevent immediate injury, loss or damage. See also CR 65. This local rule does not apply to protection orders entered under Chapter 26.50 RCW, Chapter 10.14 RCW, Chapter 74.34 RCW, and Chapter 7.90 RCW. (ii) Notice of Motion. The party asking for an Ex Parte Restraining Order (the moving party) shall give notice to the attorney for the opposing party, whether the attorney has appeared either formally or informally. If unrepresented, notice shall be given to the opposing party. If necessary, notice may be by telephone. The moving party or attorney shall certify to the court in writing the efforts which have been made to give notice to the opposing party. Such notice is required in all cases unless the moving party clearly shows by sworn declaration that immediate injury, loss or damage will result if notice is given. Failure to give notice may result in the imposition of terms and/or sanctions on the moving party and/or his/her attorney. (iii) Where Presented. The moving party shall present the Motion for Ex Parte Restraining Order and Order to Show Cause on the Ex Parte Docket, unless otherwise allowed by a judicial officer for exigent circumstances. (iv) Motion to Quash Ex Parte Restraining Orders Entered Without Notice. Unless otherwise directed by the court, a party seeking to quash an Ex Parte Restraining Order entered without notice shall present the motion on the Ex Parte Docket. Notice shall be required in the same manner as it applies to a moving party described in Section (ii), above. [Adopted effective September 1, 2017] Click here to view in a PDF. |
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