Benton/Franklin Superior Court

		
		
                                           Local Civil Rule 94.07W
                                          DOMESTIC RELATIONS MOTIONS

    (a)  Family court motions.  Family court motions shall be scheduled on the family court dockets in
Benton and Franklin counties in accordance with the docket schedule approved by the Superior Court
judges.  Docket days and times are available through the Superior Court Administrator's Office or the
Superior Court Clerk's office.

    (1)  Benton County and Franklin County Family Court motions.

    (A)	 Timelines.  The moving party shall no later than fourteen (14) calendar days prior to hearing date,
file with the clerk and serve on the opposing party/counsel the motion, note for motion and all supporting
documents.  The opposing party's strict response must be filed and served no later than noon, five (5) court
days prior to the hearing.  Documents filed in strict reply to the response must be filed and served not
later than noon, two (2) court days prior to the hearing.  The Court will not consider any issues raised for
the first time in the strict reply document.  Matters which have been previously noted in conformance with
this rule, may be re-noted, confirmed and served on the opposing party upon five (5) court days' notice.

    (B)  Confirmation/Strike Process.  All domestic motions must be confirmed by the moving party by
3:00 p.m., two (2) court days prior to the court hearing or the motion will be stricken.  The moving party
shall confirm the motion by completing and filing on E-motion a "READ FIRST" document, as follows:


                               IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
                                   IN AND FOR BENTON AND FRANKLIN COUNTIES

     In re: the marriage of
                                                              )
                           CLIENT                             )    Case No.: 00-0-00000-00
                                             Petitioner,      )
                           and                                )
                                                              )    READ FIRST
                           CLIENT                             )
                                             Respondent.      )




The above titled case will:
	
       [ ]  Go/No Go

       [ ]  Agreed upon continuance to: _________________

       [ ]  Will be requested to be continued by:  [ ] Moving  [ ] Non-moving party

       [ ]  Be struck

       [ ]  Have an agreed upon order


Status of motion/Counsel conferred as follows:


Presented by:
						
________________________________________		
----, WSBA #---		
Attorney


    Confirmation will not be effective unless this procedure is used.  All cases that are confirmed will be
either (i) argued, (ii) an agreed order entered; (iii) or the hearing stricken.

    If the moving party fails to appear after confirming the motion, the court may strike the motion, deny
the motion, impose terms, and/or order any other relief the court deems appropriate.  If the responding
party fails to appear, the court may grant the relief requested.

    (C)  Benton County family court motions requiring more than ten minutes for argument shall be noted on
the over-ten domestic docket which starts at 8:15 a.m.  Any case scheduled but not heard on the morning
docket shall be heard on the afternoon domestic docket of the same day which starts at 1:30 p.m.

    (D)	 All Benton County family court motions requiring less than ten (10) minutes for argument and all
pro se domestic motions, except for motions regarding relocation, shall be heard on the afternoon domestic
relations docket which starts at 1:30 p.m.

    (E)  Benton County relocation motions shall be heard on the Prosser domestic docket.

    (F)  Franklin County relocation motions shall be noted as a special setting with the Court Administrator
and filed with the Clerk.

    (2)	 Declarations (Benton and Franklin Counties).

    (A)	 Generally.  Absent prior authorization from the court, the entirety of all declarations and
affidavits, including attachments,  from the moving party, including any expert or non-expert witnesses, in
support of  a motions hearing (or a continuation of a motions hearing), including any reply by the moving
party, shall be limited to a sum total of twenty-five (25) pages, excluding cover page and fax transmittal
affidavit, which shall be filed in the Clerk's office and served on the other party by noon on the day prior
to the hearing.  The entirety of all declarations and affidavits, including attachments, submitted in
response by the non-moving party, to a motions hearing (or a continuation of a motions hearing) shall be
limited to a sum total of 20 pages.  If the declarations and affidavits, including attachments, are in
excess of the page limitations, the entirety of the submission will not be reviewed or considered by the
court.  All declarations and affidavits must comply with GR14 (format for pleadings and other papers), be
legibly hand-printed or typed in at least twelve (12) point type.

    (i)  Authorization to exceed the declaration page limitation shall be in writing and filed under the
respective cause number in the Superior Court Clerk's office.

   (ii)  Any motion to exceed the page limit shall be in writing with notice to the opposing party, and
shall be brought before the judicial officer that will be deciding the original motion.

  (iii)  In no event shall the page limit exceed 35 pages.

    (B)	 Exhibits.  Exhibits to any declaration shall count towards the above page limit.

    (C)	 Financial declarations.  Financial declarations, child support worksheets, and financial documents
do not count toward the page limit.

    (D)	 Expert reports and evaluations.  Declarations, affidavits, and reports from Family Court
Investigator, and Guardians ad Litem do not count toward the page limit.

    (E)  Miscellaneous exceptions.  Copies of declarations or affidavits clearly marked as 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.

    (3)  Time for Argument.

    (A)	 Each side on the over-ten family Court motion docket is allowed seven (7) minutes for oral argument
including rebuttal unless otherwise authorized by the court.  Authorization to exceed the oral argument time
limit by up to four minutes may be granted if the court determines that exceptional circumstances warrant
authorization.  Such authorization must be obtained prior to commencement of the docket.

    Each side on the regular domestic docket is allowed five (5) minutes for oral argument including
rebuttal.

    (b)  Bench copies.  All motions, briefs, declarations, affidavits, and other supporting written
documentation pertaining to trials, summary judgments motions, appeals from decisions of administrative
agencies (except the record transferred by the agency) and any other motions, and other documents submitted
for hearings, such as pre-trial position statements in domestic cases, trial management reports, proposed
findings of fact and conclusions of law and judgments, and guardian ad litem reports (including criminal and
domestic relations), shall be served and filed in the cause.  Unless a party does not have access to a
computer or the internet, bench copies of all such documents, as well as settlement position statements,
shall be submitted electronically via the internet at http://motion.co.franklin.wa.us/.  Parties without
access to a computer and the internet shall deliver bench copies to the Court Administrator at the Benton
County Justice Center.  All bench copies must be submitted not later than noon one court day prior to the
scheduled hearing, proceeding or trial.  No bench copies, except settlement position statements, shall be
submitted to the Court unless a copy has been served upon or mailed to opposing counsel or party if
unrepresented.  Bench copies submitted electronically are deleted from the system forty-five (45) days after
the associated hearing.  Bench copies submitted on paper are destroyed five (5) court days after the
associated hearing unless counsel requests copies be returned, with return postage arranged, or unless Court
Administration is advised of the new hearing date.  When hearings are continued, the parties shall amend the
hearing date associated with all bench copies submitted electronically.

If a party fails to submit bench copies as set forth above the Court may continue the hearing, impose terms
and enter other orders as may be appropriate.


[Adopted Effective September 1, 2007, September 1, 2013, September 2, 2014,
September 1, 2015, September 1, 2017.]