LFLR 5. WHERE TO SCHEDULE MOTIONS IN FAMILY LAW PROCEEDINGS.
(b) Where to Schedule Motions; General Rule. Except as otherwise provided in these rules, contested pre-trial and post-trial motions in family law proceedings, including non-marital relationships involving parenting and/or the distribution of assets/liabilities, shall be heard on the Family Law Motions Calendar. See LFLR 6 for Family Law Motions Calendar Procedures. Agreed orders and orders to show cause are generally heard on the Ex Parte Calendar on a walk-in basis.
(c) Where to Schedule Specific Types of Motions; Exceptions to General Rule [LFLR 5(b)]. The following specific types of Family Law Motions are to be scheduled as follows:
(1) Final Decrees and Nonparental Custody Orders: Uncontested actions for marriage dissolution, separation or invalidity decrees and non-parental custody decrees may be presented for final hearing in the Ex Parte Department on the uncontested dissolution calendar on at least fourteen (14) days notice. The fourteen (14) day notice requirement for final hearings shall not apply to agreed decrees of dissolution, separation or invalidity when presented by an attorney of record, who as an officer of the court has signed a certificate of compliance in the form prescribed by the Court. The certificate shall be filed at the time the decree is entered. The fourteen (14) day notice requirement does apply to nonparental custody decrees. An uncontested nonparental custody decree may also be presented for final hearing at the time of the Mandatory Case Review hearing (as set forth in the Case Schedule).
(2) UFC Cases: If a case has been accepted into Unified Family Court (UFC) for case management, motions shall be scheduled and heard in accordance with the Order upon Acceptance to Unified Family Court. See LFLR 7.
(3) Support Modification Calendar: Pre-trial Motions related to the support modification calendar shall be brought as set forth in LFLR 14.
(4) Motions to be scheduled before judges: Motions scheduled before judges shall be brought using the timelines required by the applicable civil and local rules, including but not limited to CR 12, CR 56, and LR 7. Unless otherwise required, motions scheduled before judges shall be heard on at least six (6) court days notice and without oral argument unless otherwise directed by the court. The following motions shall be scheduled before the assigned judge, or if no assigned judge, by the Chief Civil Judge or in family law cases involving children before the Chief Unified Family Court Judge:
(A) Motions to seal a file, even if agreed;
(B) Motions to change the trial date, or a deadline in the case schedule;
(C) Motions for summary judgment, except for summary judgment motions in paternity actions which shall be heard on the family law motions calendar;
(D) Motions to resolve which court shall exercise jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (Chapter 26.27 RCW);
(E) Motions related to discovery. Motions to obtain discovery, such as to appoint an expert or to require an evaluation of a party, valuation of a business or property, or inspection of property, shall be scheduled on the family law motions calendar. Motions for a protective order, to compel a party to comply with a discovery request, or for sanctions related to discovery shall be scheduled before the assigned judge.
(F) Motions to Enforce a CR2A Agreement.
(G) Motions for Revision of a Commissioner’s Order. See LR 7(b)(7).
(5) Motions related to Trials and Appeals: Presentation of final orders related to a trial, motions to reconsider or vacate a judgment or decree entered after trial, and motions relating to the appeal of a final order entered after a motion or a trial (including motions to waive fees for the appeal, to stay the underlying order), shall be noted before the trial judge. If a commissioner entered the final order that is appealed, such motions shall be noted before the Chief Civil Judge/RJC Judge or in family law cases involving children before the Chief Unified Family Court Judge. Motions in limine and trial motions shall be brought before the trial judge.
(6) Motions to Vacate Orders.
(A) An agreed order to vacate an order may be presented to the Ex Parte Department, unless the effect of the order would be to reinstate a case that has been dismissed or where the trial date has passed, in which case the agreed order shall be presented pursuant to LR 60.
(B) An agreed order to vacate a Clerk’s dismissal so that parties may enter final orders may be presented to the Ex Parte Department.
(C) A motion to vacate an order signed by a judge shall be noted before that judge, unless the original order was entered by agreement or after a default, in which case the motion to vacate shall be noted before the Chief Civil/RJC Judge or in family law cases involving children before the Chief Unified Family Court Judge.
(D) A motion to vacate an order signed by a commissioner shall be noted on the family law motions calendar.
(7) Change of Case Assignment Area or Consolidation of Cases: A motion to change the case assignment area or consolidate two or more actions under one case schedule shall be brought before the Chief Civil Judge/RJC Judge or in family law cases involving children before the Chief Unified Family Court Judge provided that family law commissioners may consolidate a domestic violence protection order proceeding under a family law proceeding.
(8) Motions for Reconsideration. See LR 7(b)(5).
(9) Motions for Default Orders and Default Judgments.
(A) When notice is not required, motions for default orders and judgments shall be heard in the Ex Parte Department. If notice to an opposing party is required (for example, when an appearance but no answer has been filed), motions for default orders and judgments shall be noted on the family law motions calendar in accordance with LFLR 6.
(B) Appearance by Responding Parties without Filing a Response. If a party has appeared in the proceeding, but not filed a Response to the Petition, any other party may move for an Order of Default on the Family Law Motion Calendar. Upon entry of the Order of Default, the evidence may be reviewed and a default judgment (including an order setting support) may be entered in the Ex Parte Department.
(10) Orders Shortening Time. Motions for Orders Shortening Time shall be heard in accordance with LR 7 except that the motion shall be heard by the same judicial officer or calendar that is assigned under these rules to hear the substantive motion.
(11) Application for Writs of Habeas Corpus Relating to Minor Children shall be presented to and returnable to the senior judge of the Unified Family Court Department at the Regional Justice Center.
[Adopted effective September 1, 2004; amended affective September 1, 2006; September 1, 2007]