Spokane County District Court

		
		
                                                 LCRLJ 40
                                            ASSIGNMENT OF CASES

     (a)  Notice of Trial - Note of Issue - Civil

     (1)  Of Fact. Any party desiring to bring an issue of fact to trial shall serve and file, not later than
seven (7) Court days preceding the setting day, a properly completed Note for Trial Setting. The Civil Clerk
shall place on the setting calendar only those cases which are properly and timely noted. A party noting a case
for trial thereby certifies that the case is at issue and that necessary witnesses will be available. Any party
contending a case is not ready for trial shall do by serving and filing a counter Notice of Trial or objection
to the setting at least three (3) days prior to setting day. The objection will be heard by the Civil
Department Judge.

(Amended Sept. 1, 2005).

     Failure to comply with this rule by any party may result in the imposition of terms; and/or the striking
of the case from the calendar; and/or the refusal to grant a requested continuance.

     (2)  Of Law. Issue of Law may be noted for hearing on the Note For Hearing-Issue of Law form, and shall
be heard on Friday of each week at 10:00 a.m. For issue of default, see LCRLJ 55.

(b)  Method

     (1)  Civil Trial Setting Day. Note for trial shall be set for 9:00 A.M. on Fridays. The Civil Department
Judge shall hear all objections to setting at that time.

(Amended Sept. 1, 2005, Amended Sept. 1, 2009).

     (2)  Civil Trial Date and Uncontested Setting. The Civil Clerk shall determine the trial date on all
uncontested trial settings and place such case on the assigned trial calendar with proper notification to all
parties by the Court.

(Amended Sept. 1, 2005).

     (3)  Pro-Se Party - Civil Case. In every action in which there is a pro-se party, a Civil Clerk shall set
the trial date when the pleadings are completed. The Clerk's Office shall notify the parties of the trial
setting by regular first class mail and complete a certificate of mailing.

(Amended Sept. 1, 2005).

     (4)  Civil Case - Notification of Out-of-County Counsel. Spokane County Counsel shall notify in writing,
within five (5) days of the notice of case setting, all out-of-county counsel of the trial date of the case in
which they are concerned and file a copy of such notice with a certificate of mailing.

     (5)  Motion Setting - Filing Note for Hearing. Civil motions shall be served in accordance with CRLJ 6 and
filed with the court. A Note for Hearing-Issue of Law form must also be served and filed with the court.

     (6)  Motion Setting - Summary Judgment. A motion for summary judgment shall be filed and served in
accordance with CRLJ 56.

     (A)  In the event a summary judgment motion or one continued from a prior date is to be argued, counsel for
the moving party shall confirm with all opposing counsel, or if the party is not represented by counsel, with
the opposing party, if possible, that they are available to argue the motion and then notify the District Court
Civil Clerk by 12:00 Noon two (2) days before the hearing.

     (B)  Failure to comply with the provisions of this rule will result in the motion being stricken from the
motion calendar.

     (7)  Filing of 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 memorandum of authorities, unless the legal position is fully and adequately covered by
the "authorities" section of the Issue of Law form. Any response to the motion and subsequent rebuttal shall be
served and filed in accordance with CRLJ 6 or CRLJ 56, whichever is applicable. Failure to timely comply with
these filing requirements may result in a continuance or the motion being stricken from the calendar and
imposition of terms.

     (A)  Length of Memoranda. Memoranda relating to motions shall not exceed ten (10) pages. Attached copies of
foreign and federal decisions are not included in the ten (10) page limitation. Waiver of page limitations may
be granted only upon motion demonstrating good cause which may be heard ex-parte.

     (8)  Copies of Motions, Memoranda and Affidavits. A copy of the motion, brief, memorandum, documents and
affidavit shall be furnished to the clerk at the time of filing for delivery to the assigned Judge for
preparation. Responding briefs, memoranda and other documents shall be filed with copies provided for the
preparation of the assigned Judge. Failure to comply with this requirement may result in a continuance and
imposition of terms.

     (9)  Motion Hearing Procedures. Oral argument on motions shall be limited to ten (10) minutes for each side
unless the assigned Judge determines otherwise, in which case the motion may be placed at the end of the calendar.

(Amended Sept. 1, 2005).

     (10)  Pre-Assignment of Cases. All cases shall be pre-assigned to a Judicial Department except Ex-Parte
matters.

(Amended Sept. 1, 2005).

     (11)  Civil Ex-Parte Matters. Any Agreed Orders may be granted or denied by the judicial officer presiding
in the Ex Parte department, or by any judge or court commissioner provided that the assigned judge is unavailable.

     In the event a non-assigned judicial officer elects to deny to sign an agreed order, a denial of an order
shall be noted on the order and filed in the legal file.

(Amended effective Sept. 1, 1995, Sept. 1, 1999, Sept 1, 2008, Sept. 1, 2017)