July 2, 2024
Superior Court of Washington King County
Timing
Continuance or Change of Trial Date
Limited Adjustment of Trial Date
In cases 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. King LCR 40 (e)(1).
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, must be made in writing to the assigned Judge, or if there is no assigned Judge, to the Chief Civil Department, and must be decided without oral argument. 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 circ*mstances 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. King LCR 40 (e)(2).
Motion May Be Made With or Without Notice
A motion to enlarge a period may be made with or without notice. Wash. CR 6 (b).
Motion Scheduling and Briefing--King County Local Rules
Schedule Motion for Hearing on a Judicial Day
A motion must be scheduled by a party for hearing on a judicial day. King LCR 7 (b)(4)(A).
Schedule Oral Argument on Dispositive Motions
The time and date for hearing must be scheduled in advance by contacting the staff of the hearing judge. King LCR 7 (b)(4)(B).
Request for Oral Argument on Nondispositive Motions
Any party may request oral argument by placing “ORAL ARGUMENT REQUESTED” prominently on the first page of the motion or opposition. King LCR 7 (b)(4)(C).
Opposition and Reply Periods Pursuant to Washington Rules of Civil Procedure
Recommended Practice to Follow Local Briefing Schedule Rules
In cases of conflict, the SmartRules editorial staff recommends following the motion briefing procedure set forth in the local rules rather than that set forth in the statewide rules of civil procedure. However, it is always recommended to contact the court for clarification.
Motion Papers and Affidavits--5 Days Before Hearing
A written motion, notice of hearing and supporting affidavits must be served not later than 5 days before the time specified for the hearing. Wash. CR 6 (d).
Opposing Affidavits--1 Day Before Hearing
Opposing affidavits may be served not later than 1 day before the hearing. Wash. CR 6 (d).
Calculating Periods of Time
In computing any period of time the day of the act, event, or default from which the designated period of time begins to run is not be included. The last day of the period is included, unless it is a weekend or holiday, in which event the period runs until the end of the next day which is neither a weekend nor a holiday. When the period is less than 7 days, intermediate weekends and holidays are excluded in the computation. Wash. CR 6(a).
Rules and Requirements
Continuance or Change of Trial Date
Limited Adjustment of Trial Date
In cases 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. King LCR 40 (e)(1).
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, must be made in writing to the assigned Judge, or if there is no assigned Judge, to the Chief Civil Department, and must be decided without oral argument. 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 circ*mstances 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. King LCR 40 (e)(2).
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. King LCR 40 (e)(3).
Motion May be Made With or Without Notice
A motion to enlarge a period may be made with or without notice. Wash. CR 6 (b).
Showing of Good Cause Required
The court may allow a period enlarged on a showing of good cause. Wash. CR 6 (b).
After Expiration of Period Showing of Excusable Neglect Required
If the motion is made after the expiration of the period, the party must show excusable neglect. Wash. CR 6 (b).
Form and Format
Combine Motion and Memorandum Into Single Document
The motion must be combined with the memorandum of authorities into a single document. King LCR 7 (b)(5)(B).
Required Contents
A motion must contain:
Relief Requested. The specific relief the court is requested to grant or deny.
Writing Required
Unless made during a hearing or trial, a motion must be made in writing. The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing of the motion. Wash. CR 7(b)(1).
Set Forth Grounds and Relief Sought
A motion must state with particularity the grounds therefor, and must set forth the relief or order sought. Wash. CR 7(b)(1).
Additional Documents
Note for Motion Required
A Note for Motion must be filed with the motion. The Note must 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 Note for Motion form is available from the Clerk’s Office. King LCR 7 (b)(5)(A).
Request for Oral Argument on Nondispositive Motions
Any party may request oral argument by placing “ORAL ARGUMENT REQUESTED” prominently on the first page of the motion or opposition. King LCR 7 (b)(4)(C).
All nondispositive motions, motions for orders of default and motions for default judgment will be decided without oral argument, except for:
Evidence
Identification of Evidence
When a motion is supported by affidavits or other papers, it must specify the papers to be used by the moving party. Wash. CR 7 (b)(4).
Affidavits or Testimony
When a motion is based on facts not appearing of record the court may hear the matter on affidavits presented by the respective parties, but the court may direct that the matter be heard wholly or partly on oral testimony or depositions. Wash CR 43 (e)(1) (amended eff 2/1/21).
When a matter is required or permitted to be supported by affidavit, it may be supported by unsworn written statement, declaration, verification, or certificate executed by signature in accordance with GR 30.
Specificity, Attach Relevant Pages, Highlighting
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 must not be attached to original pleadings. Responsive pleadings must conform to this format. King LCR 7 (b)(5)(B)(iv).
Filing and Service
Electronic Filing Generally Required
Most documents in King County Superior Court must be electronically filed. King LCR 82 (e)(5) (amended eff 9/1/20).
For more detailed information, please see King Superior Court SmartRules™ procedural guide: FILING DOCUMENTS.
Motion Papers Must be Filed
All pleadings and other papers after the complaint required to be served upon a party must be filed with the court either before service or promptly thereafter. Wash. CR 5(d)(1) (amended eff 4/28/15)
Motion Papers Must Be Served
Motion papers must be served on all parties. Wash. CR 5(a) (amended eff 4/28/15)
Hearing and Disposition
Most Nondispositive Motions to be Decided Without Oral Argument
All nondispositive motions, motions for orders of default and motions for default judgment will be decided without oral argument, except for:
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.
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.
Telephonic Argument
Oral argument on civil motions may be heard by conference telephone call in the discretion of the court. Wash. CR 7(b)(5).
Expense of Telephonic Conference
The expense of the call must be shared equally by the parties. Wash. CR 7(b)(5).
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