LCR 40.
                                       ASSIGNMENT OF CASES & MOTION PRACTICE

    (a) Note of Issue.

Amended effective 7/1/01

          (1) [Deleted]

Amended effective 7/1/01

             (A) [Deleted]

Amended effective 7/1/01

             (B) [Deleted].

               (1)  Of Law. In cases where a Case Assignment Notice has been entered issues of law shall be noted for
hearing on a form approved by the court and shall be scheduled by the judicial assistant for the assigned judge. For
issues of default, see LCR 55. For issues under CR 30, 31, 33, 34 and 35, see LCR 37.

Amended effective 06/21/18

             In cases where a Domestic Case Assignment Notice has been entered issues of law shall be noted for hearing
in conformity with the Spokane County Family Law Local Rules. However, in the case of summary judgment motions, they
shall be noted for hearing before the assigned judge and comply with LCR 40(b) and LCR 56.
							
Amended effective 06/21/18

               (2)  Family Law Cases. (i.e. cases subject to Title 26 RCW).

Amended effective 06/21/18

             The judges shall periodically appoint judges to act as Family Law Judges who shall manage all matters of
family law administration. All cases involving matters arising under Title 26 RCW shall be subject to the supervision
of the Family Law Judges, one or more Family Law Commissioners and comply with the Spokane Family Law Local Rules.

Amended effective 06/21/18

     (b)  Motion Practice.

          (1) Page Limits.

Amended effective 06/21/18

               A.  Initial Motion, Memorandum, Brief, Affidavit or Declaration. No individual moving memorandum, brief,
affidavit, or declaration shall exceed fifteen (15) pages with nondispositive motions and twenty (20) pages with
dispositive motions, not including exhibits.

Effective 06/21/18

               B.  Response to Memorandum, Brief, Affidavit or Declaration. No response to any individual document
(memorandum, brief, affidavit or declaration) shall exceed fifteen (15) pages with nondispositive motions and twenty
(20) pages with dispositive motions, not including exhibits. Any response should be clearly designated as such.	

Effective 06/21/18

               C.  Reply to Response. No reply to any individual document shall exceed five (5) pages with
nondispositive motions and seven (7) pages with dispositive motions, not including exhibits. No response or reply may
include any document attached to or a part of the initial motion, response, or document already filed as part of this
motion, but instead shall cite to the relevant portion of the previously filed document. Any reply should be clearly
designated as such.

Effective 06/21/2018

               D.  If more than one (1) motion is to be heard at the same time, the page limits apply to the entire
hearing, not each individual motion. 							

Effective 06/21/18

               E.  Exhibits. No individual exhibit shall exceed twenty (20) pages.
							
Effective 06/21/18

               F.  Motion to Exceed Page Limits. The page limits shall not be exceeded without prior authorization from
the court. A party may, upon motion for good cause shown, and an explanation of steps taken to reduce the number of
pages, request permission to exceed these page limits.
							
Effective 06/21/18

     (2)  Format. All documents shall comply with GR 14 and be typed in font no smaller than 12 point Times New Roman.
The writing or printing shall appear on only one (1) side of the page.

Amended Effective 06/21/18
								
     (3)  Authority. Any legal authority relied upon must be cited, including a pinpoint cite to the particular page or
pages the proponent wishes the court to read. Copies of all non-Washington authorities upon which parties place
substantial reliance shall be provided to the hearing judge and to counsel or parties, shall be underlined or
highlighted clearly delineating the specific part of the authority the proponent wishes the court to read, but not be
filed with the clerk.

Amended Effective 06/21/18
	
     (4)  Form of Proposed Orders. The moving party and any party opposing a motion shall include a proposed order with
their submission. The original of each proposed order shall be submitted to the hearing judge along with any working
copies.

Amended Effective 06/21/18

     (5)  Obligation to Respond. Upon the filing of an initial motion, whether dispositive or nondispositive, the
opposing party shall file a response. The failure to file a response may be deemed consent to the entry of an order
adverse to the party who fails to file a response. The initial moving party may, at its discretion, file a reply which
complies with LCR 40(b)(1)(C).

Amended Effective 06/21/18

     (6)  Failure to Comply with Rules of Motion Practice. In the event a party fails to comply with LCR 40 or LCR 56,
including service, filing, delivery of a document, providing bench copies, citations, highlighting or underling
exhibits or authorities, or exceeding page limits, the court shall have discretion to not consider the document or
citation, strike the document, strike the hearing, continue the hearing, and/or impose terms or sanctions.

Amended Effective 06/21/18

     (7)  Exhibits. No response may include an exhibit attached to or a part of the initial motion or pleading already
filed, but instead shall cite to the relevant portion of the initial exhibit. Exhibits shall contain a table of
contents. Each exhibit shall clearly identify at the top of the first page the particular claim, defense, or issue to
which the exhibit applies. If a portion of an exhibit is referenced in a memorandum or otherwise, that exhibit shall
have that portion highlighted or underlined for the court's review. Any exhibit to a motion, memorandum, brief,
affidavit or declaration shall be underlined or highlighted, clearly delineating the specific part of the exhibit
that the proponent wishes the court to read.							

Amended Effective 06/21/18

     (8)  Summary Judgment. Motions for summary judgment, partial summary judgment, or dismissal are governed by LCR 56
and LCR 40. 							

Amended Effective 06/21/18

     (9)  [Deleted]

     (10)  Motion Setting-General. The Note for Hearing/Issue of Law (form Cl.06.0300) must be served and filed no
later than twelve (12) days prior to the hearing (CR 6 and CR 40). Any responding documents must be served and filed at
least seven (7) days before the hearing. Reply documents must be served and filed at least two (2) days before the
hearing. If a judge has not been preassigned, the court administrator will notify counsel of the assigned judge. In the
event a motion or one continued from a prior date is to be argued, counsel for the moving party shall confirm with all
opposing counsel that they are available to argue the motion and then notify the judicial assistant for the assigned
judge by 12:00 noon two (2) days before the hearing that the parties are ready for the hearing. Confirming a hearing
certifies that the moving party?s bench copies have been timely delivered in conformity with LCR 40. In the event an
agreed or uncontested order of continuance is to be entered, or a notice of disqualification filed, counsel shall
notify the assigned judge's judicial assistant by 12:00 noon two (2) days before the scheduled hearing. Failure to
comply with the provisions of this rule will result in the motion being stricken from the motion calendar and may
result in the imposition of terms.
							
Amended Effective 06/21/18

     (11)  Motion Setting-Summary Judgment. (See LCR 56).
							
Amended Effective 06/21/18

     (12)  Motion Setting-Criminal Matters. (See LCrR 4.5)
							
Amended Effective 06/21/18

     (13)  Filing Motions, Memoranda, Briefs, Declarations, 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 or declarations
and documentary evidence, and a brief or memorandum of authorities, unless the legal position is fully and adequately
covered by the "authorities" section of the issue of law form. If the responding party files a response to the issue of
law or any counter-affidavits, declarations, brief or memorandum of authorities, such responding documents must be
served and filed no later than seven (7) days before the hearing. Any reply documents must be served and filed at least
two (2) days before the hearing. Failure to timely comply with these requirements may result in a continuance or the
motion being stricken from the calendar, the documents (e.g. brief or declaration) not being considered, and the
imposition of terms.

Amended Effective 06/21/18

     (14)  Bench Copies of Motion, Brief, Memorandum, Declaration, and Affidavit. For cases where a Case Assignment
Notice has been entered and a judge assigned, a copy of the motion, brief, memorandum, affidavit or declaration and all
documents, including a response and/or reply shall be furnished to the judicial assistant at the time of filing. For a
case which does not have a Case Assignment Notice pursuant to LAR 0.4.1(a), these materials shall be furnished to the
court administrator's office. For issues of law heard on the Family Law Calendar, these materials shall be furnished in
compliance with the Spokane County Family Law Local Rules.
							
Amended Effective 06/21/18

     (15)  Motion Calendar Hearing Procedures. In cases where a Case Assignment Notice has been entered and a judge
assigned, the judicial assistant of the assigned judge will set the time for hearing the motion. In cases where a Case
Assignment Notice has not been entered pursuant to LAR 0.4.1 (a), the Presiding Court will assign the motion and the
judicial assistant for the assigned judge will set the time for hearing. Motions for Default and Motions to Compel
Discovery must be brought in accordance with LCR 40, LCR 37 and LCR 55.

Amended Effective 06/21/18

     (16)  Oral Argument. All motions shall be limited to ten (10) minutes or less per side, unless additional time is
granted by the judge or court commissioner.

Amended Effective 06/21/18

     (17)  [Deleted]

          (c)  Preferences (Reserved).

          (d)  Trials. When a case is set, and called for trial, it shall be tried or dismissed unless good cause is
shown for a continuance. The court may in a proper case, and upon terms, reset the same.

               (1)  [Deleted]

Amended effective 1/18/00

          (e)  Continuances. All continuances will be considered only upon written motion, for unforeseeable
emergencies, for good cause shown, and upon 	terms the court deems just. No motion for continuance will be
considered unless the moving attorney(s) certify their client(s) have been consulted and approve and the certification
is signed by the attorney(s). Stipulated continuances require certification that the attorneys have consulted with
their respective client(s) and obtained approval for seeking the continuance. Motions to change the trial date on a
case where a Case Assignment Notice has been entered pursuant to LAR 0.4.1 shall be heard by the assigned judge on or
before the date designated in the Case Schedule Order.

Amended Effective 06/21/18

          (f)  [Deleted]

Amended effective 1/18/00