LMPR 1.10. Revision of a Commissioner's Order

(a) Service and Filing of Motion. A motion for revision of a Commissioner’s order in a proceeding for involuntary treatment or to revoke a less restrictive treatment order shall be served and filed within 10 calendar days of entry of the written order, as provided in RCW 2.24.050. Revision motions shall be filed with the Clerk and will be assigned to a Judge in Seattle or at the MRJC by Court Operations Civil Section staff in Seattle to be heard in chambers by the assigned Judge. Court Operations shall notify counsel of record of the assigned judge as promptly as possible.
(b) Record of Hearing. The Assigned Judge will review the FTR recording of the hearing.
(c) Responsive Document.
(1) Motion relating to Order for 14-Day Commitment. A written response shall be served and filed within two (2) judicial days of receipt of the motion for revision.
(2) Motion relating to any other order. When the motion involves any other order, such as an order for involuntary treatment for 90 days or for 180 days or the revocation of a less restrictive order, a written response shall be filed not later than three (3) judicial days after receipt of the motion for revision.
(3) Unopposed motions. If the responding party fails to submit a written opposition to the motion, the Assigned Judge may proceed on the assumption that the motion is unopposed.
(d) Decision on the Motion for Revision of Commissioner’s Order.
(1) Hearing and Record. The hearing on the motion for revision of the Commissioner’s order shall be without oral argument and will be based on the record before the Commissioner.
(2) Ruling on Motion relating to Order for 14-Day Commitment. To the extent practicable, the Assigned Judge shall issue an order on the motion for revision within two (2) judicial days of the deadline for receiving a written response to the motion.
(3) Ruling on Motion relating to any other order. To the extent practicable, the Assigned Judge shall issue an order on the motion for revision within five (5) judicial days of the deadline for receiving a written response to the motion.
(e) Effect of Commissioner’s Order. The Commissioner’s written order shall remain in effect pending the Assigned Judge’s decision on the motion for revision.

[Adopted effective September 2, 2014.]