LCR 98.40. Writs of Review, Mandamus, Prohibition

(a) Applicability. This rule shall apply to a writ filed pursuant to ch. 7.16, RCW.
(b) Notice to Adverse Party. Except in extraordinary circumstances, no writ shall issue unless the adverse party has been given timely notice pursuant to CR 6, LCR 7, of the application for writ. If the notice was not given in a timely manner, the hearing on the application for writ shall be continued. No stay of proceedings shall issue without notice to all parties to the underlying cause from which the writ is sought. No stay of proceedings shall be issued by a judge pro tempore absent express written authority of the presiding judge or, in her or his absence, the assistant presiding judge.
(c) Contents of Application for Writ. The following documents must be filed with the application for the writ:
(1) Statement of relief requested;
(2) Legal memorandum explaining why there is no adequate remedy at law;
(3) Declaration or affidavit in support of the factual assertions in the writ;
(4) Declaration of notice to adverse party or statement as to why notice should be excused.
(d) Scheduling of Hearing on Application for Writ: The hearing on a writ from a criminal or infraction case shall be noted before the Chief Criminal Judge for Seattle case assignment area cases. The hearing on a writ in any other case shall be noted before the Chief Civil Judge for Seattle case assignment are cases. All hearings for Kent case assignment area cases shall be noted before the Chief MRJC Judge. Where a stay of proceedings has been entered, the dispositive hearing on the writ shall be heard within thirty days of the issuance of the writ.
(e) Motion to File Writ in forma pauperis. The Chief Criminal Judge, in criminal and infraction cases, or the Chief Civil Judge in other cases shall review a motion to file in forma pauperis before a hearing on the application for a writ shall be scheduled. If the motion is granted, the clerk shall accept the application for filing without requiring a filing fee and shall assign a case number.
(f) Issuance of Case Schedule. When the court has found adequate cause for issuance of a writ, the filing party shall obtain a trial date and a case schedule from the clerk who will also assign the case to a Judge.

[Adopted effective September 1, 2001; amended September 1, 2002; September 1, 2003; September 1, 2005; September 1, 2008.]