(a) Location of Times and
Calendars. See LR 1.
(b) Notice of Trial--Note of
Issue.
(1) The Clerk at filing will issue for all civil
cases, except those noted in LR 4(b) or 40(a)(2), a
trial date and a case schedule, and will assign the case to a judge. Except as provided in LR 40(a)(2), all motions, trials and other proceedings in a case
shall be brought before the assigned judge.
(2) Cases not assigned a case schedule or judge
on filing or where initial hearing is not held before the assigned judge:
(A) Antiharassment
Petitions. Applications for temporary
orders shall be presented in the Ex Parte Department. Hearings on final orders for Seattle and Kent
case assignment area cases shall be set in the temporary order.
(B) Certificate of Rehabilitation. These shall be noted with oral argument
before the Seattle Chief Civil Judge for
(C) Small Claims Appeals. The clerk at filing will issue a Notice of
Decision Date and Assignment of Judge for review of the record without oral
argument and issue to all parties. The decision
shall be issued to the parties.
(D) Family Law Proceedings. Except for emergency matters and temporary
restraining orders which may be heard in Ex Parte, motions for temporary orders
in family law cases shall be brought before the Family Law Commissioners, as
provided in the LFLR’s (local family law rules).
(E) Guardianship Petitions. The hearings shall be scheduled before an Ex
Parte Commissioner. If the matter is
contested, it may be referred by the commissioner to the clerk who will issue a
trial date and a case schedule and will assign the case to a judge.
(F) Marriage Age Waiver Petitions. These petitions shall be presented in the Ex
Parte Department.
(G) Mental Illness Proceedings. The hearings in mental illness proceedings
shall be heard on the mental illness calendar.
(H) Minor Settlements. The initial hearings shall be set in the Ex
Parte Department; contested proceedings may be referred by the commissioner to
the Chief Civil Department for assignment.
(I) Non Compliance Hearings. Hearings on the return of orders to show
cause for failure to comply with the case schedule will be held in the
designated courtroom at the Seattle Courthouse, for Seattle case assignment
area cases and in the designated courtroom at the Regional Justice Center for
Kent case assignment area cases, before the special master, commissioner or
judge hearing that calendar.
(J) Orders for Protection. Petitions for temporary orders shall be
presented in the Ex Parte Department.
Final hearings will be set on the domestic violence calendar in the
Family Law Department.
(K) Probate Proceedings. The initial hearings shall be set in the Ex
Parte Department; contested proceedings may be referred by the commissioner to
the clerk who will issue a trial date and a case schedule and will assign the
case to a judge.
(L) Receivership Proceedings. If the petition is a new action and not part
of an underlying proceeding, the initial hearings shall be set in the Ex Parte
Department; contested proceedings may be referred by the commissioner to the
clerk who will issue a trial date and a case schedule and will assign the case
to a judge.
(M) Status Conference (LR 4.3). The status conference calendar for all family
law cases that require a status conference will be held in the designated
courtroom at the Seattle Courthouse for
(N) Supplemental Proceedings. Hearings on supplemental proceedings shall be
set before the Seattle Chief Civil Judge for
(O) Support Modifications (Trials by
Affidavit). See LFLR 14.
(P) Unlawful Detainer
Actions. The initial hearings shall be
set in the Ex Parte Department; contested proceedings may be referred by the
commissioner to the clerk who will issue a trial date and a case schedule and
will assign the case to a judge.
(Q) Work Permits.
Applications for work permits shall be presented to the Chief Civil
Department.
(R) Writs.
(i) Applications for Writs of Habeas Corpus relating to custody of minor children shall be presented to and returnable to the senior Judge of the Unified Family Court department at the Regional Justice Center; other extraordinary writs (Coram Nobis, Mandate, Prohibition, Certiorari) shall be presented to and made returnable to the Chief Civil Judge in Seattle for Seattle case assignment area cases or to the Chief Regional Justice Center Judge in Kent for Kent case assignment area cases. For other writs (pre-judgment garnishment, attachment, replevin, restitution, assistance) the initial application shall be presented to the Ex Parte Department or the assigned judge.
(ii)
Writs of Review. (see LR 98.40)
(3) If a case has not been assigned a trial date,
or if the assigned trial date has passed and the case has not been dismissed,
any party may apply by motion to the assigned judge, or if no assigned judge,
to the Seattle Chief Civil Department for cases with a Seattle designation and
to the Chief Regional Justice Center Judge in Kent for cases with a Kent
assignment, for assignment of a trial date and a case schedule. The motion, which shall be decided without
oral argument, shall briefly describe the case, including whether a jury demand
has been filed, the expected length of the trial, and any other information
relevant to the setting of a trial date.
(4) Motions to consolidate cases for trial or
other purposes, or to reassign a case to a different judge for reasons of the
efficient administration of justice, shall be made in writing to the Chief
Civil Judge. Cases without a case
schedule or an assigned judge may be consolidated into another case by any
judicial officer on the Court’s own motion.
(5) A Notice of Trial, as provided in CR 40(a),
shall not be filed in any civil case.
(1) Court File.
At all hearings and trials, the Clerk's files are for the use of the
Court. For all court documents retained
solely on microfilm in a court file which are relevant to the issues in a
motion or trial, a designation of those documents shall be filed by the party
requesting such with the Clerk, and a copy served upon the opposing party and
assigned Judge not less than five court
days before the trial date.
(2) Trial Briefs, Proposed Findings of Fact and
Conclusions of Law, and Jury Instructions.
Except as otherwise ordered by the Court, parties shall serve copies of the trial brief or memorandum
of authorities, proposed findings of fact and conclusions of law in non-jury
cases, and proposed jury instructions for jury cases, upon opposing parties,
with a copy to the assigned Judge, no later than five calendar days before the
scheduled trial date.
(3) Attorney's Fees; Evidence to Be Presented. Evidence as to the reasonable value of
attorney's services shall be presented following the presentation of all
evidence on both sides respecting the matters at issue, and following a
determination by the Court that a party is entitled to an award of attorney's
fees.
(1) Limited Adjustment of Trial Date to Resolve
Schedule Conflict. In cases that are
governed by a Case Schedule, the trial date may be adjusted, prior to the Final
Date to Change Trial, by motion, to a Monday no more than 28 days before or 28
days after the trial date listed in the Case Schedule.
(2) Change of Trial Date. A motion to strike a trial date, or change a
trial date more than 28 days before or after the original date, shall be made
in writing to the assigned Judge, or if there is no assigned Judge, to the
Chief Civil Department, and shall be decided without oral argument. A motion to postpone a trial must be signed
by the party making the motion unless it is shown why it is impractical for the
party to sign, as well as by the party’s attorney, if any. If a motion to change the trial date is made
after the Final Date to Change Trial Date, as established by the Case Schedule,
the motion will not be granted except under extraordinary circumstances where
there is no alternative means of preventing a substantial injustice. A motion to strike or change a trial date may
be granted subject to such conditions as justice requires.
(3) Amended Case Schedule. When a trial date is changed, the judge
changing the trial date may amend the case schedule or may direct that the
parties confer and propose a new schedule.
Unless some other deadline for submitting the
proposed case schedule is set by the court, the parties must submit a proposed
case schedule for signature by the assigned judge no later than twenty days
after the order changing the trial date is signed.
(4) Change of Trial Date on Court's Motion. The Court on its own initiative may, if
necessary, change the trial date.
(f) Change of Judge. For motions to consolidate or reassign a case
in the interest of judicial economy, see LR 40(a)(4). For affidavits of prejudice see RCW 4.12.050.
(g) Affidavits--Court
Commissioners. Affidavits of prejudice or for change of
Court Commissioner will not be recognized.
The remedy of a party is for a motion for revision under RCW 2.24.050.
[Amended September 1, 1977; September 1, 1978;
September 1, 1980; amended effective January 1, 1983; September 1, 1984;
December 1, 1988; January 1, 1990; September 1, 1992; September 1, 1993;
September 1, 1996; April 14, 1997; September 1, 1997; September 1, 1999;
September 1, 2001; September 1, 2002; September 1, 2004.]