Benton/Franklin Superior Court

		
		
                                                   Local Civil Rule 7
                                           PLEADINGS ALLOWED; FORM OF MOTIONS

     (b)  Motions and Other Papers.

     (1)  Memorandum of Authorities and Affidavits Required.

     (A)  The moving party shall serve and file, with his or her motion a brief written statement of the motion and a
brief memorandum containing reasons and citations of the authorities on which he or she relies.  If the motion requires
the consideration of facts not appearing of record, he or she shall also serve and file copies of all affidavits and
photographic or other documentary evidence he or she intends to present in support of the motion.  If the motion relies
on facts in documents of record, the motion shall identify the document(s) and the date of filing of each document so
identified.  The motion shall be contained in a separate document from the Note for Motion Docket addressed in
subsection (7)(A) hereinbelow.  Bench copies shall be submitted as provided in LCR 5.

     (B)  Each party opposing the motion shall at least by noon, one (1) day prior to the argument, serve upon counsel
for the moving party and upon counsel for all other parties, if the parties are represented, or upon all other parties
if proceeding pro se, file with the Clerk a memorandum containing reasons and citations of the authorities upon which
he or she relies, together with all affidavits and photographic or other documentary evidence he or she intends to
present in opposition of the motion.  If the opposition relies on facts in documents of record, the memorandum shall
identify the document(s) and the date of filing of each document so identified.  Bench copies shall be submitted as
provided in LCR 5.

     (2)  Necessary Provision in Pleadings Relating to Supplemental Proceedings and Show Cause Hearings for Contempt.
In all supplemental proceedings wherein an order is to be issued requiring the personal attendance of a party to be
examined in open court, and in orders to show cause for contempt, the order must include the following words in capital
letters:

          YOUR FAILURE TO APPEAR AS ABOVE SET FORTH AT THE TIME, DATE, AND PLACE THEREOF WILL CAUSE THE COURT
          TO ISSUE A BENCH WARRANT FOR YOUR APPREHENSION AND CONFINEMENT IN JAIL UNTIL SUCH TIME AS THE MATTER
          CAN BE HEARD OR UNTIL BAIL IS POSTED.

No bench warrant will be issued in such cases for the apprehension of the cited person if such language has been
omitted.

     (3)  Counsel Fees.  Appointed counsel submitting motions for fixing or payment of fees and counsel requesting that
the Court fix fees in any other case (except for temporary fees in domestic relation cases) should itemize their time,
services rendered, or other detailed basis for the fees requested and attach a copy thereof to the motion.

     (4)  Action Required by Clerk.  All documents filed with the Clerk, other than a note for the motion or trial
dockets (see LCR 40) which require any action (other than filing) by the Clerk shall contain a motion in the caption
specifying the nature of the document the words: "CLERK'S ACTION REQUIRED."

     (5)  Motion to Shorten Time. All motions to shorten time must be in writing and supported by declaration or
affidavit that (a) states exigent circumstances or other compelling reasons why the matter must be heard on shortened
time and (b) demonstrates due diligence in the manner and method by which notice, or attempted notice, was provided to
all other parties regarding the presentation of the motion to shorten time.  If the moving party, after showing due
diligence, has been unable to notify all parties of the motion to shorten time, it is within the judicial officer's
discretion to proceed with the motion to shorten time.  The judicial officer shall indicate on the order shortening
time the minimum amount of notice to be provided the responding party, which, barring extraordinary circumstances as
set forth in the declaration or affidavit supporting the motion, shall not be less than 48 hours.  The court file must
be presented along with the motion to shorten time, declaration or affidavit, and the proposed order to the judicial
officer considering the request.

     (6)  Document Format.   Documents prepared for a judge's signature must contain at least two (2) lines of text on
the signature page.

     (7)  Hearing of Motion Calendar.

     (A)  Note for Motion Docket.  Any attorney desiring to bring any issue of law on for Hearing shall file with the
Clerk and serve on all opposing counsel, not later than five (5) court days prior to the day on which the attorney
desires it to be heard, a note for the motion docket which shall contain the title of the court, the cause number, a
brief title of the cause, the date when the same shall be heard, the words "Note for Motion Docket," the name or names
of each attorney involved in the matter, the nature of the motion, and by whom made.  It shall be subscribed by the
attorney filing the same and shall bear the designation of whom the attorney represents.  The foregoing provisions
shall not prohibit the hearing of written and/or oral emergency motions at the discretion of the Court on any docket.

     (B)  Over 10 Minutes for Hearing.  If the moving party expects the motion to take more than ten (10) minutes to
argue by all sides collectively, the movant shall designate on the note for motion docket that the matter is "over 10
minutes."

     (C)  Confirmation of Summary Judgment and Over-Ten-Minute Hearings.  The moving party shall confirm with the clerk
that summary judgment and over-ten-minute hearings will be heard on the date set during the following time periods:

          i.    Summary judgment and over-ten-minute hearings shall be confirmed in Benton County no sooner than Monday
at 8:00 am and no later than Tuesday noon of the week in which the motion is noted for hearing.

          ii.   Summary judgment and over-ten-minute hearings shall be confirmed in Franklin County no sooner than
Tuesday at 8:30 am and no later than Thursday noon of the week preceding the week in which the motion is noted for
hearing.  Confirmations may be by telephone, or by e-mail to the addresses stated below in LCR 7 (b)(7)(F).

          iii.  The clerk shall not allow more than a total of three (3) summary judgment and three (3) over-ten-minute
hearings to be confirmed for any one date.   The maximum for such motions may be changed by resolution of the judges.

     (D)  Removal of Motion.  If the note for motion docket, the motion and supporting factual materials and memorandum
are not served, mailed, and filed as detailed in LCR 7, the Court may strike the same from the calendar.

     (E)	Service of Notice.  The motion will not be heard unless there is on file proof of service of notice
upon the attorney for the opposing party, or the opposing party if proceeding pro se, or there is an admission of
service by opposing counsel or the opposing party if proceeding pro se.

     (F)	Continuance or Striking of Noted Motions by Parties.  A matter noted on the motion docket may be
continued pursuant to the following:

          i.  The moving party may strike or continue a motion at any time without cause with adequate notice to the
opposing parties.  Sanctions may be imposed if the opposing party's appearance at the hearing could have been avoided
through	due diligence of the moving party.

          ii.  Upon a showing of cause, the Court, in its discretion, may grant the non-moving party's request for a
continuance.

          iii.  The party striking any matter may give notice to the non-moving parties by any means reasonably likely
to provide actual notice.  The clerk may be notified either by written notice or by e-mail notification.  Notice to the
Franklin County Clerk may be emailed to the following address: civilclerk@co.franklin.wa.us for civil cases; and
domesticclerk@co.franklin.wa.us for domestic cases.  Notice to 	the Benton County Clerk may be emailed to the following
address: clerk@co.benton.wa.us.

          iv.  If the matter is stricken and the moving party desires a hearing, a new note for motion docket must be
filed with the Clerk in accordance with	section (A), above.  Except for matters continued in open court, a new note for
docket is required for motions that are continued.

(G)	Calling Docket - Priority for Pro Bono Counsel.  The causes on the civil docket for each motion day will be
called in order, and the moving party, if no one appears in opposition, may take the order moved for upon proper proof
of notice, unless the Court shall deem it unauthorized.  In order to encourage participation in pro bono legal
representation, all motions, where one or both parties are represented by pro bono counsel, shall, at the request of
the pro bono attorney be given priority on the docket.  Such priority shall be given without any reference as to the
reason why.  All parties are to appear in person.

(H)	Continuances by Court.  Any motion or hearing may be continued by the Court to a subsequent motion day or set
down by the Court for hearing at another specified time, and the Court may alter the order of hearing as may be
necessary to expedite the business of court.

(I)	Frivolous Motions.  Upon hearing any motion, if the Court is of the opinion that such motion is frivolous, or
upon granting a continuance of any matter, terms may be imposed by the Court against the party filing such motion, or
against the party at whose instance such continuance is granted.

(J)	Ex Parte - Notice to Opposing Counsel.  Lawyers should not ask the Court for ex parte orders without proper
notice to opposing counsel, if counsel has appeared either formally or informally.  This rule applies to temporary
restraining orders and orders to show cause in domestic relations cases, as well as all other types of matters.
(See Rule 65.)

(K)	Decisions Without Oral Argument.  Upon agreement of the parties, or upon request of the Court, a motion may be
determined without oral argument.  Matters may be noted for decision without oral argument only on the dates and times
established for regular calendars.  The moving party shall certify in the note for docket that every party has consented
to determination without oral argument.

(L)	Discovery Motions.  The Court will not entertain any Motion or objection with respect to Rules 26, 27, 30, 31,
33, 34, 35 or 36, Civil Rules for Superior Court unless it affirmatively appears that counsel have met and conferred
with respect thereto.  Counsel for the moving or objecting party shall arrange such a conference.  If the Court finds
that counsel for any party, upon whom a Motion for an objection with respect to matters covered by such rules is served,
willfully refused to meet and confer, or having met, willfully refused or fails to confer in good faith, the Court may
take appropriate action to encourage future good faith compliance.  In the event of an emergency, the Court will
entertain Motion objections which would otherwise be governed by the above rule.

(M)	Argument Limitations.  Argument on the civil docket shall be limited to thirty (30) minutes per case.

[Adopted Effective April 1, 1986; Amended Effective August 1, 1990; September 1, 2002; September 1, 2009;
September 1, 2011; September 1, 2013; September 2, 2014; September 1, 2015; September 1, 2016; September 1, 2017,
September 1, 2018.]