LFLR 6. Family Law Motions Calendar Procedures

(a) Applicability. This rule only applies to family law motions heard by family law commissioners and does not apply to motions in trial by affidavit or domestic violence protection orders cases.
(b) Scheduling Hearings.
(1) Parties must reserve a time for each motion or cross-motion they want heard through the Family Law Motions Scheduling system on the family court website. Only motions properly reserved on the correct calendar will be heard.
(2) Within 3 days of choosing a hearing date online, the motion, with all supporting documents and Notice of Court Date form or order setting hearing must be filed or the hearing may be cancelled.
(c) Oversetting Family Law Motions Calendar.
(1) If there are compelling reasons why a motion cannot wait to be heard until the next available date on the Family Law Motions Scheduling website, a motion to overset and a proposed order, with notice to the other parties shall be submitted to the “Orders for Review” Queue.  Proof of notice shall also be submitted to the queue.  Any response or objection to the motion to overset must be filed into the court file (not submitted to the Queue) within 1 judicial day of receiving notice.
(2) Parties must use the local forms available at kingcounty.gov/court/superior-court/courts-jails-legal-system/court-programs-children-families/divorce-custody-adoption/how-to-resources-family-law/motions.
(3) Agreement. Proposed agreed orders oversetting a calendar must be submitted for consideration to the “Orders for Review” Queue.  Proposed agreed orders oversetting must also have a joint motion or contain a stipulated set of facts upon which the agreement is based.
(d) Deadlines for Submitting Pleadings.
(1) Motions must be filed at least 14 calendar days before the hearing.
(2) Responses must be filed no later than noon 5 judicial days prior to the hearing.
(3) Replies must be filed no later than noon 3 judicial days prior to the hearing.
(4) The Motion, Response, Reply and proposed orders must also be served on all parties by the due dates listed in sections (1), (2) and (3).
(5) Submission List. The moving party must file a Working Papers Submission List by noon 3 judicial days before the hearing date.  The non-moving party must file a Working Papers Submission List no later than noon 5 judicial days before the hearing date.
(6) Proposed Order. The moving party shall provide a proposed order 14 calendar days before the hearing through the Clerk’s Office e-filing system “Proposed Orders (Family Law)”. The non-moving party shall provide a proposed order 5 judicial days before the hearing through the Clerk’s Office e-filing system “Proposed Orders (Family Law)”.  Self-represented parties may mail or deliver proposed orders to the respective mail room (2D in Kent, C203 in Seattle) marking each submission as follows:  “Attention Family Law.  Hearing date (insert).”
(e)  Striking or continuing a hearing. If a hearing is no longer needed, the moving parties shall strike their hearings by emailing court staff at FamilyLawStaffSeattle@kingcounty.gov or FamilyLawStaffMRJC@kingcounty.gov. If you fail to timely strike your hearing or re-note the motion without alerting family law staff, you may be subject to sanctions.
(f) Confirm your hearing.  Moving party must confirm the hearing by filing a Working Papers Submission List no later than 3 judicial days prior to the hearing by noon. The Working Papers Submission List must list the correct hearing date in the caption.
(g) Continuances.
(1)  Agreed Continuances. No later than three judicial days prior to the confirmation deadline, agreed continuances shall be submitted through the “Orders for Review” Queue.
(A) The motion must be continued to a date that is at least 5 judicial days after the scheduled hearing date and is available in the Family Law Scheduling system.
(B)The moving party must confirm the new hearing date.
(C) If the hearing has been confirmed, the parties shall notify the family law coordinators by email of their intent to request a continuance. The request to continue must then be presented at the confirmed hearing date and time.
(2) Contested Continuances. No later than three judicial days prior to the confirmation deadline, a motion for continuance and a proposed order, with notice to the other parties, shall be submitted to the “Orders for Review” Queue. Proof of notice shall also be submitted to the Queue. Any response or objection to a motion to continue must be filed in the court file (not submitted to the Queue) within 1 judicial day of receiving notice.
(h) Requirements for Pleadings.
(1) All pleadings shall follow GR 14.
(2) Formatting Exhibits: Attachments or exhibits in excess of 25 pages shall be numbered consecutively on the bottom of each document. The number shall not restart for each attachment but shall run consecutively through all of the attachments. 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.
(3) Limitations on Declarations.
(A) Children’s statements. Declarations by minors are disfavored.
(B) Page Limits: Absent prior authorization from the court, parties shall not submit more than 25 pages of declarations. This 25-page limit includes any reply declarations. All declarations and affidavits submitted in response to motions shall be limited to 20 pages.
(C) Page Limit Exceptions. The following shall not be counted towards the page limit:
(i) Exhibits attached to a declaration or affidavit as long as the Exhibit is not a declaration or affidavit.
(ii) Financial Declarations and financial documents, as required by LFLR 10.
(iii) Reports from Court Appointed Special Advocates (CASA), Family Court Services (FCS), and expert witnesses.
(iv) Deposition excerpts.
(4) Limitations on Other Pleadings. See LCR 7 for word limits on motions, opposition papers, briefs and memorandum of authorities.
(i) Hearing Procedures
(1)  Each side is allowed 5 minutes for oral argument, including rebuttal, unless otherwise authorized by the court.
(2)  Evidence, including written evidence in affidavits and declarations, must comply with the rules of evidence.
(j) Motions without oral argument. Any motion, except a motion for contempt, may be set without oral argument by written agreement of all parties.
(1) Motions heard without oral argument are subject to all the same requirements as motions with oral argument, including reserving a hearing date through the Family Law Motions Scheduling website.
(2) The commissioner may order the parties to appear for argument.
(k) Special Settings. A party may request a special setting for an extended hearing to present live testimony or be permitted additional time for oral argument.
(1) The request must be in writing and state the following: the extraordinary features of the case, the reasons why additional time for oral argument or live testimony is needed, the length of time requested, and whether the other parties agree with the request.  The written request must include a copy of the motion, any supporting documents, and all responses received.
(2) At least 6 judicial days prior to the scheduled hearing date, the written request must be filed in the court file and submitted to the “Orders for Review” Queue.  Proof of notice shall also be submitted to the Queue. Any response to the request shall be filed in the court file but not submitted to the Queue, and served on all other parties by noon at least 2 judicial days prior to the scheduled hearing date. Replies are not permitted.
(3) Proposed agreed orders requesting a special setting must be submitted for consideration to the “Orders for Review” Queue.
(4) No other motion may be joined with a request for a special setting.
(5) If granted, the Court will set the date and time for the special setting.
(l) Prior Orders. Motions for modification, adjustment, clarification, enforcement, contempt, reconsideration, or vacation of an earlier order shall include a copy of the earlier order.