LCR 7. Civil Motions

For "Respective Chief Judge" see LGR 29(h).

(b) Motions and Other Papers.

(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 Court, Times, and Places. LCR 40(b) identifies whether a motion will be heard by the assigned judge, the Respective Chief Judge, or the Ex Parte and Probate Department. LFLR 5 provides that information for family law cases. 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 motions shall be ruled on without oral argument, except for the following:

(A) Motions for summary judgment pursuant to CR 56;

(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 file and serve all motion papers 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 scheduled for hearing on a non-judicial day, the assigned judge will consider the motion on the next judicial day.

(B) Scheduling Oral Argument on Summary Judgment. 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) Responding Papers. Any party responding to a motion shall file and serve responsive papers no later than 4:30 p.m. four judicial days before the hearing date.

(E) Reply. Any papers 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 all court-filed documents (including the Notice of Court Date) 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. See LCR 40(b)(1)(B) as to which stipulated and agreed motions should be submitted to the Ex Parte and Probate Department in accordance with LCR 40.1. Stipulated and agreed motions that pursuant to LCR 40(b)(1)(B) must be presented to the assigned judge or Respective Chief Judge must be served and filed in accordance with this rule, except that the hearing date chosen on the Notice of Court Date should be 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 Papers.

(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 Briefing. All briefing (motion, response, reply) shall conform to the following format (no separate memorandum of authorities shall be filed), though the reply may omit points (i) through (iv):

(i) Relief Requested. The specific relief the court is requested to grant or deny. The statement of relief requested must be consistent with the relief requested in the proposed order.

(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 upon which the court is requested to rule.

(iv) Evidence Relied Upon. The evidence on which the motion or response is based must be specified with particularity. 

(v) Argument. Any legal authority relied upon must be cited. Authority on which a party places substantial reliance and that is neither caselaw nor specific to Washington law must either (a) include with the citation a publicly available website address or citation to Westlaw, or (b) be provided with working papers to the court and parties, but not filed. The judicial officer deciding the motion may require that all non-Washington authorities be provided as working papers for the court..

(vi) Word Limits. Absent prior authorization from the court, the motion and responsive brief shall not exceed 4,200 words; and any reply brief shall not exceed 1,750 words. The word count includes all portions of the brief, 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 brief contains _____ words, in compliance with the Local Civil Rules.”

(C) Form of Supporting Papers

(i) Evidence. Documentary evidence (such as deposition excerpts, interrogatory responses, photographs) filed in support of or response to a motion must be either attached to the brief (if authentication is not required) or attached to declaration(s) or affidavit(s) identifying and authenticating the documents. Any portions cited in a brief must be identified (such as by highlighting or boxes).

(ii) Consecutive Page Numbering for Attachments. Attachments or exhibits in excess of 25 pages to 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 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.

(D) Form of Proposed Orders. The moving party and any party responding to the motion shall include with their submissions a proposed order, which may be (but need not be) attached to the brief. The proposed order must be submitted at the time of filing with the working copies. If working copies are electronically submitted (see LCR 7(b)(4)(F)(i)), an editable version (e.g., in Word format) of each proposed order must be submitted at the time of filing with the working copies.

(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 must be filed within 10 days of entry of the written order unless otherwise provided by statute. The moving party shall note the motion for hearing pursuant to LCR 7(b)(4)(A) and LCR 7(b)(5); the "hearing judge" is the assigned judge, or if no judge is assigned to the case, the Respective Chief Judge. By order, the Respective Chief Judge may assign the revision motion to another judge. The motion shall only identify the error(s) claimed. No response shall be filed unless requested by the court. If a response is called for, a reply may be filed within two judicial days of service of the response.

(B) The court will consider the motion without oral argument unless the court orders otherwise.

(C) All motions for revision of a commissioner’s order shall be based on the written materials and evidence submitted to the commissioner. The moving party shall provide the judge deciding the motion a working copy of all materials submitted to the commissioner in support of and in opposition to the motion, and, if there was a hearing before the commissioner, identify the date, time, and courtroom location of the hearing. Working copies shall be submitted pursuant to the requirements of LCR 7(b).

(D) The commissioner’s order shall remain in effect pending the decision on the motion for revision unless ordered otherwise by the court.

(9) Motion for Order to Show Cause. Except as provided in LCR 40.1(d)(13) (concerning CR 65 motions), 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 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; September 1, 2025; September 1, 2026.]