Everett Municipal Court

		
		
                                                     RULE NO. 5
                                                 HEARING ON MOTIONS

(a) Time for Filing; Confirmation of Motion.  All non-trial motions shall be filed, served and noted for hearing at
least six days prior to the date specified for the hearing.  No pre-trial motions shall be heard or noted for hearing
on the trial date without prior approval by the Judge.

    On the last court day preceding the calendared motion date, the moving party for any motion for which live
testimony will be offered, shall contact the Everett Municipal Court Clerk?s office by email at
MunicipalCourt@everettwa.gov , between 9:00 and 12:00 pm, and confirm the motion will be heard.  Failure of the moving
party to confirm the motion may cause the case to be stricken from the motion calendar.

(b) CrRLJ 3.5 and CrRLJ 3.6.   The defendant must be present at 3.5 hearings.

    CrRLJ 3.5 and CrRLJ 3.6 hearings require a designation of the officer(s) who may be required to testify, unless the
Court authorizes otherwise.

    CrRLJ 3.6 motions shall be set forth in writing with a memorandum of points and authorities and an affidavit or
declaration as permitted under RCW 9A.72.085 setting forth specifically the facts which counsel expects to elicit at a
hearing.

    Failure to comply with any provision herein may result in the motion being stricken from the calendar.


(c) No Contact Orders.  A request to rescind or modify a No Contact Order in a Domestic Violence case may only be made
by a party to the case.  The party must file a request on a form prescribed by the Court.  All parties and alleged
victim must be served by written notice at least five court days before any hearing to consider such a request.

    A request to reimpose a No Contact Order in a Domestic Violence case may only be made by the victim/party to the
case and the party must file a written motion on a form prescribed by the Court.  All parties must be served with the
written notice at least five court days before any hearing to consider such a request.

(d) Scheduling.  Whenever motions are filed in accordance with section (a) of this Rule, they will be noted on to a
regularly scheduled motion calendar.  The Judge will determine the order in which said matters proceed.  If the
caseload or other circumstances require, the Court may order that motions be heard on a date and a time other than
originally requested in the Note of Motion.

(Adopted effective date September 1, 2013; amended effective September 1, 2016;  amended effective September 1, 2018)