(b) Motions and Other Documents.
(1) Scope of Rules. Except when specifically provided in another rule, this rule governs all motions in civil cases. See, for example, LR 56 and the LFLR’s.
(2) Argument. All nondispositive motions and motions for orders of default and default judgment shall be ruled on without oral argument, except for the following:
(A) Motions for revision of Commissioners’ rulings;
(B) Motions for temporary restraining orders and preliminary injunctions;
(C) Family Law motions under LFLR 5;
(D) Motions before Ex Parte Commissioners;
(E) Motions for which the Court allows oral argument.
(3) Dates of Filing, Hearing and Consideration.
(A) Filing and Scheduling of Motion. The moving party shall serve and file all motion documents no later than six court days before the date the party wishes the motion to be considered. Oral argument, if any, may be scheduled by a party requesting oral argument by requesting it in the parties’ written documents or by contacting the staff of the Judge or Commissioner who will consider the motion and obtaining the Judge’s or Commissioner’s consent. A motion must be scheduled by a party for hearing on a regular judicial day. For cases assigned to a Judge, if the motion is set for oral argument on a non-judicial day, the moving party must reschedule it with the Judge’s staff; for motions without oral argument, the assigned Judge will consider the motion on the next regular judicial day. For cases not assigned to a Judge, motions with oral argument will be returned by the Clerk if set for a non-judicial day; motions without oral argument will be considered on the next regular judicial day.
(B) Working Copies. Working copies of the motion and all documents in support or opposition shall be delivered to the Judge who is to consider the motion no later than the day they are to be served on all other parties. The working copies of all documents in support or opposition shall be marked on the upper right corner of the first page with the date of consideration or hearing and the name of the Judge and shall be delivered to the Judge’s mailroom in the courthouse in which the Judge is located.
(C) Opposing Documents. Any party opposing a motion shall file the original responsive papers in opposition to a motion, serve copies on parties and deliver copies to the hearing Judge via the Judges’ mailroom in the courthouse in which the Judge is located, no later than 12:00 noon two court days before the date the motion is to be considered.
(D) Reply. Any documents in strict reply shall be filed, copies served on parties, and delivered to the hearing Judge via the Judges’ mailroom in the courthouse in which the Judge is located, no later than 12:00 noon on the court day before the hearing.
(E) Terms. Any material offered at a time later than required by this rule, and any reply material which is not in strict reply, will not be considered by the Court over objection of counsel except upon the imposition of appropriate terms, unless the Court orders otherwise.
(F) Confirmation and Cancellation. Confirmation is not necessary, but if the motion is stricken by the parties for any reason, the parties shall immediately notify the opposing parties and notify the staff of the Judge who was to hear the motion.
(4) Form of Motion and Opposition Documents.
(A) Note for Motion. A Note for Motion shall be filed with the motion. The Note shall identify the moving party, the title of the motion, the name of the Judge to whom the case is assigned, the trial date, the date for consideration or hearing, and the time of the hearing if it is a motion for which oral argument will be held. A Note for Motion form is available from the Clerk’s Office.
(B) Form of Motion and of Opposition Documents. The motion shall be combined with the memorandum of authorities into a single document, and shall conform to the following format:
(i) Relief Requested. The specific relief the Court is requested to grant or deny.
(ii) Statement of Facts. A succinct statement of the facts contended to be material.
(iii) Statement of Issues. A concise statement of the issue or issues of law upon which the Court is requested to rule.
(iv) Evidence Relied Upon. The evidence on which the motion or opposition is based must be specified with particularity. The depositions and portions relied upon must be specified. Such specification of deposition testimony shall constitute a motion to publish the deposition, which motion will be deemed granted unless good cause is shown by an opposing party. Deposition testimony, discovery pleadings, and documentary evidence relied upon must be quoted verbatim or a photocopy of relevant pages of said deposition must be attached to an affidavit identifying the documents. Parties should highlight those parts upon which they place substantial reliance. Copies of cases shall not be attached to original pleadings.
(v) Authority. Any legal authority relied upon must be cited.
Copies of all cited non-Washington authorities upon which parties place substantial reliance shall be provided to the Judge who is to consider the motion and to all other counsel or parties, but shall not be filed with the Clerk.
Any memorandum in opposition shall also conform to the preceding format. The initial motion and opposing memorandum shall not exceed 12 pages without authority of the Court; reply memoranda shall not exceed five pages without the authority of the Court.
(C) Form of Proposed Orders; Mailing Envelopes. The moving party and any party opposing the motion shall attach to their documents a proposed order, clearly marked as “Proposed.” The original of each proposed order shall be delivered to the Judge who is to consider the motion, along with working copies of the motion and opposition documents, but shall not be filed with the Clerk. For motions without oral argument, the moving party shall also provide the Court with pre-addressed stamped envelopes addressed to each party/counsel.
(5) Motions to Reconsider.
(A) Motion and Notice of Hearing. Motions for reconsideration of an order or judgment must be filed no later than 10 days after the date of entry of the order or judgment. The form of motion and notice of hearing shall conform to LR 7(b)(4). The motion shall set forth specific grounds for the reconsideration, and will be considered without oral argument unless called for by the Court.
Official Comment:
The 2006 amendment to LR7(b)(5)(A) is designed to make the local rule consistent with amendments to CR 59 (effective September 1, 2005). The amendment to the local rule is not designed to eliminate the service requirements of CR 5.
(B) Response and Reply. No response to a motion for reconsideration shall be filed unless requested by the Court. No motion for reconsideration will be granted without such a request. If a response is called for, a reply may be filed within two days of service of the response.
(C) Form of Proposed Order; Mailing Envelopes. The moving party and any party given leave to file a memorandum in opposition shall attach to their papers a proposed order, clearly marked as “Proposed.” The original of each proposed order, together with pre-addressed stamped envelopes for each party/counsel, shall be delivered to the Judge who is to consider the motion.
(6) Reapplication. No party shall remake the same motion to a different Judge without showing by affidavit what motion was previously made, when and to which Judge, what the order or decision was, and any new facts or other circumstances that would justify seeking a different ruling from another Judge.
(7) Motions for Revision of a Commissioner’s Order. For all cases except juvenile and mental illness proceedings:
(A) A motion for revision of a Commissioner’s order shall be served and filed within 10 days of entry of the written order, as provided in RCW 2.24.050, along with a written notice of hearing that gives the other parties at least six days notice of the time, date and place of the hearing on the motion for revision. The motion shall identify the error claimed.
(B) A hearing on a motion for revision of a Commissioner’s order shall be scheduled within 21 days of entry of the Commissioner’s order, unless the assigned Judge or, for unassigned cases, the Chief Civil Judge, orders otherwise.
(i) For cases assigned to an individual Judge, the time and date for the hearing shall be scheduled in advance with the staff of the assigned Judge.
(ii) For cases not assigned to an individual Judge, the hearing shall be scheduled by the Chief Civil Department for Seattle case assignment area cases. For Kent case assignment area cases, the hearing shall be scheduled by the RJC Chief Judge. For family law cases involving children the hearing shall be scheduled by the Chief Unified Family Court Judge.
(iii) All motions for revision of a Commissioner’s order shall be based on the written materials and evidence submitted to the Commissioner, including documents and pleadings in the court file. The moving party shall provide the assigned Court a working copy of all materials submitted to the Commissioner in support of and in opposition to the motion, as well as a copy of the electronic recording, if the motion before the Commissioner was recorded. Oral arguments on motions to revise shall be limited to 10 minutes per side.
(iv) The Commissioner’s written order shall remain in effect pending the hearing on revision unless ordered otherwise by the assigned Judge, or, for unassigned cases, the Chief Judge.
(v) The party seeking revision shall, at least 5 days before the hearing, deliver to the Judges’ mailroom, for the assigned Judge or Chief Judge, the motion, notice of hearing and copies of all documents submitted by all parties to the Commissioner.
(vi) For cases in which a timely motion for reconsideration of the Commissioner’s order has been filed, the time for filing a motion for revision of the Commissioner’s order shall commence on the date of the filing of the Commissioner’s written order of judgment on reconsideration.
(8) Motion for Order to Show Cause. Motions for Order to Show Cause may be heard in the ex parte department. For cases where the return on the order to show cause is before the assigned trial court, the moving party shall obtain a date for such hearing from the staff of the assigned trial court before appearing in the ex parte department.
(9) Motion Shortening Time.
(A) The time for notice and hearing of a motion may be shortened only for good cause upon written application to the court in conformance with this rule.
(B) A motion for order shortening time may not be incorporated into any other pleading.
(C) As soon as the moving party is aware that he or she will be seeking an order shortening time, that party must contact the opposing party to give notice in the form most likely to result in actual notice of the pending motion to shorten time. The declaration in support of the motion must indicate what efforts have been made to notify the other side.
(D) Except for emergency situations, the court will not rule on a motion to shorten time until the close of the next business day following filing of the motion (and service of the motion on the opposing party) to permit the opposing party to file a response. If the moving party asserts that exigent circumstances make it impossible to comply with this requirement, the moving party shall contact the bailiff of the judge assigned the case for trial to arrange for a conference call, so that the opposing party may respond orally and the court can make an immediate decision.
(E) Proposed agreed orders to shorten time: if the parties agree to a briefing schedule on motion to be heard on shortened time, the order may be presented by way of a proposed stipulated order, which may be granted, denied or modified at the discretion of the court.
(F) The court may deny or grant the motion and impose such conditions as the court deems reasonable. All other rules pertaining to confirmation, notice and working papers for the hearing on the motion for which time was shortened remain in effect, except to the extent that they are specifically dispensed with by the court.
[Amended effective September 1, 1984; May 1, 1988; September 1, 1992; September 1, 1993; September 1, 1994, March 1, 1996; September 1, 1996; April 14, 1997; September 1, 1997; September 1, 1999; September 1, 2001; September 1, 2002; September 1, 2004; September 1, 2006; September 1, 2007.]