LCR 7. Civil Motions

(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, LCR 12, LCR 26, LCR 40, LCR 56, and the LFLR’s.

(2) Hearing Times and Places. Hearing times and places will also be available from the Clerk’s Office/Department of Judicial Administration by telephone at (206) 296-9300 or by accessing kingcounty.gov/dept/dja. Schedules for all regular calendars (family law motions, ex parte, chief civil, etc.) will be available at the information desk in the King County Courthouse and the Court Administration Office in Room 2D of the Regional Justice Center.

(3) Argument. All nondispositive motions, motions for orders of default, and motions for default judgment shall be ruled on without oral argument, except for the following:

(A) Motions for revision of commissioners’ rulings:

(i) Motions for revisions of commissioners' rulings regarding involuntary commitment act proceedings, Title 13 proceedings, and proceedings where the underlying motion did not include oral argument shall be ruled on without oral argument.

(ii) All other motions for revision shall be noted with oral argument. The judge may strike oral argument. If the judge strikes oral argument, the court will notify the parties.

(B) Motions for temporary restraining orders and preliminary injunctions;

(C) Family Law motions under LFLR 5;

(D) Motions to be presented in person to the Ex Parte and Probate Department pursuant to the Ex Parte and Probate Department Presentation of Motions and Hearings Manual (“Motions and Hearings Manual”) issued by the clerk;

(E) Motions for which the Court allows oral argument.

(4) Dates of Filing, Hearing and Consideration. 

(A) Filing and Scheduling of Motions. The moving party shall serve and file all motion documents no later than 4:30 p.m. nine judicial days before the date the party wishes the motion to be considered. A motion must be scheduled by a party for hearing on a 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 judicial day.

(B) Scheduling Oral Argument on Dispositive Motions. The time and date for hearing shall be scheduled in advance by contacting the staff of the hearing judge.

(C) Oral Argument Requested on All Other Motions. Any party may request oral argument by placing “ORAL ARGUMENT REQUESTED” prominently on the first page of the motion or opposition.

(D) Opposing Documents. Any party opposing a motion shall file and serve the original responsive papers in opposition to a motion, serve copies on parties, and deliver working copies to the hearing judge no later than 4:30 p.m. four judicial days before the date the motion is to be considered. Working copies shall be submitted pursuant to the requirements in this rule.

(E) Reply. Any documents in strict reply shall be similarly filed and served no later than 4:30 p.m. two judicial days before the hearing.

(F) Working Copies. Working copies of the motion and all documents in support or opposition shall be delivered to the hearing judge, commissioner, or appropriate judicial department no later than on the day they are to be served on all parties. The copies provided to the judicial officer and all parties should be in the same form, including but not limited to markings, highlights, and color copies. Working copies shall be submitted as follows:

(i) Electronic Submission of Working Copies. Judges’ working copies of an e-filed motion and all documents in support or opposition may be electronically submitted using the clerk’s eFiling application. The clerk may assess a fee for the electronic submission of working copies.

(ii) E-Filed Documents for which Working Copies Shall Not be Electronically Submitted. Judges’ working copies shall not be electronically submitted for any document of 500 pages or more in length or for any documents filed in paper form. These working copies must be submitted in paper form pursuant to the requirements in this rule.

(iii) Delivery of Working Copies in Paper Form. The upper right corner of all judicial officers’ working copies submitted in paper form shall be marked "working copies” and note the date of consideration or hearing, the name of the hearing judge or commissioner or the name of the calendar on which the motion is to be heard, by whom the documents are being presented (“moving party,” “opposing party,” or other descriptive or identifying term), and shall be delivered to the judges’ mailroom or appropriate department in the courthouse in which the judge or commissioner is located.

(G) 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.

(H) Stipulated and Agreed Motions. Stipulated and agreed motions, except motions that shall be presented to the Ex Parte and Probate Department pursuant to LCR 40.1(b)(2)(A), shall be served and filed in accordance with this rule and noted for consideration before the hearing judge two judicial days after filing.

(I) Confirmation and Cancellation. Confirmation is not necessary, but if the motion is stricken, the parties shall immediately notify the opposing parties and notify the staff of the hearing judge.

(5) Form of Motion and Responsive Pleadings.

(A) Notice of Court Date. A Notice of Court Date shall be filed with the motion. The Notice shall identify the moving party, the names and service addresses of all parties requiring notice, the title of the motion, the name of the hearing judge, the trial date, the date for hearing, and the time of the hearing if it is a motion for which oral argument will be held. A Notice of Court Date form is available from the clerk’s office and online: kingcounty.gov/dept/dja/courts-jails-legal-system/court-forms-document-filing/forms.

(B) Form of Motions and of Responsive Pleadings. 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. Deposition testimony, discovery pleadings, and documentary evidence relied upon must be quoted verbatim or a photocopy of relevant pages must be attached to a declaration identifying the documents. Parties should highlight those parts upon which they place substantial reliance. Copies of cases shall not be attached to original pleadings. Responsive pleadings shall conform to this format.

(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 hearing judicial officer and to counsel or parties, but shall not be filed with the clerk. See LCR 5(k).

(vi) Word Limits. Absent prior authorization from the court, the initial motion and opposing memorandum shall not exceed 4,200 words; and reply memoranda shall not exceed 1,750 words. The word count includes all portions of the motion/memorandum, including headings and footnotes, except 1) the caption; 2) tables of contents and/or authorities, if any; and 3) the signature block. The signature block shall include the certification of the signer as to the number of words, substantially as follows: “I certify that this memorandum contains _____ words, in compliance with the Local Civil Rules.”

(vii) Consecutive Page Numbering for Attachments. Attachments or exhibits to any filed document, in excess of 25 pages, including motions, oppositions, replies, briefs, declarations, and affidavits, whether in paper or electronic form, shall be numbered consecutively on the bottom center or right-hand corner of each document to aid the court and the parties in navigating through the document. The number shall not restart for each attachment but shall run consecutively through all the attachments to the document. All motions, oppositions, replies, and briefs shall cite to these page numbers. A party may include other citation information, such as exhibit numbers, corresponding exhibit pages or paragraph numbers, in addition to the consecutive page cite.

(C) Form of Proposed Orders; E-mail Addresses. The moving party and any party opposing the motion shall include with their submissions a proposed order. The original of each proposed order shall be submitted to the hearing judge along with any working copies. If the motion is to be considered without oral argument, the moving party shall at the time of filing the motion provide to the court e-mail addresses for the court’s use in providing courtesy copies of entered orders. Where working copies are provided via the clerk’s eWorking Copies application, the parties shall request courtesy copies of entered order(s) through the clerk’s application.

(6) Motions to Reconsider or Change Prior Rulings; Renewed Motions.

(A) Applicability.  LCR 59 governs motions for reconsideration of a final order terminating the dispute.  Except when specifically provided in another rule, this rule governs all other motions to reconsider or change orders that do not finally determine a cause of action, but only decide some intervening matter pertaining to the cause, including by way of a renewed motion.
(B) Procedure.  The moving party shall note the motion for hearing pursuant to LCR 7(b)(4).  The court will consider the motion without oral argument unless the court orders otherwise.  The motion must identify the prior ruling, the judicial officer who made it, any new matters being brought to the court’s attention for the first time, and any modifications being sought regarding the court’s prior ruling.  Unless ordered otherwise, the prior ruling will remain in effect pending a decision on the motion.
(C) Response.  No party may file a response unless requested by the court.  The court will not grant a motion brought under this rule without such a request by the court.  If the court requests a response, (a) the request will set a time when the response is due; (b) the request may limit briefing to particular issues; and (c) the moving party may file a reply within two judicial days of service of the response, or at a time otherwise directed by the court.

(7) Reopening Motions. See LCR 7(b)(6).

(8) Motions for Revision of a Commissioner’s Order. For all cases except juvenile and involuntary treatment act proceedings:

(A) A motion for revision of a commissioner’s order shall be filed within 10 days of entry of the written order, as provided in RCW 2.24.050. The motion shall only identify the error(s) claimed. No response shall be filed unless authorized by the court. If a response is called for, a reply may be filed within two judicial days of service of the response.

(B) A hearing on a motion for revision of a commissioner’s order should be scheduled within 21 days of entry of the commissioner’s order, unless the assigned Judge or, for unassigned cases, the Respective Chief 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 Respective Chief Judge. If the Respective Chief Judge assigns the revision motion to another judge the scheduling procedure outlined in sub (i) shall apply.

(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 judge a working copy of all materials submitted to the commissioner in support of and in opposition to the motion, as well as the date, time, and courtroom location of the hearing, if the motion before the commissioner was recorded. Oral arguments on motions to revise shall be limited to 10 minutes per side. Working copies shall be submitted pursuant to the requirements of LCR 7(b).

(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 Respective Chief Judge.

(v) The party seeking revision shall, at least six judicial days before the hearing, deliver to the assigned judge or Respective Chief Judge working copies of the motion, notice of the hearing as scheduled pursuant to (i) and (ii) above, 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.

(9) Motion for Order to Show Cause. Without notice or oral argument, a party moving for an order to show cause shall present the motion to the judge or department that will hear the show-cause hearing. See LCR 40.1(b); LCR 60(e)(2), LFLR 5.

(10) Motions 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 motion.

(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. The declaration in support of the motion must indicate what efforts have been made to notify the other side.

(D) Except for emergency situations, motion must be noted at least two judicial days after it is filed and served on the opposing party and the court, 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.

(11) Motions for Stay of Proceedings. Motions for stay of proceedings shall be heard by the individual judge assigned or if there is no assigned judge, then by the Respective Chief Judge. The order staying proceedings shall indicate a future date by which the case status will be reviewed.

 

[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; September 1, 2008; January 1, 2009; June 1, 2009; September 1, 2011; September 1, 2012; September 2, 2013; September 2, 2014; September 1, 2016; September 1, 2017; September 1, 2018, September 1, 2019; September 1, 2020; September 1, 2021; September 1, 2022; September 1, 2023.]