Requests

Non-dispositive motions

Parties must comply with all the requirements of KCLR 7 when setting motions without oral argument. Please provide a copy of all proposed orders in Word format to the Court by emailing them to the bailiff.

Copies of signed orders will be delivered by email to counsel's email address provided to the Court; service for purposes of CR 6 will be considered as though the Court delivered the email by messenger. If no email address is available for an attorney or a party, please provide preaddressed, stamped envelopes to the Court for its use in sending the order by mail.

Dispositive motions and hearing requests

Dispositive motions are heard on Fridays. Requests for hearing dates are accepted by emailing or telephoning the bailiff. Judge Schubert requires that you check with opposing counsel before scheduling any hearing in order to make sure that the date works for all counsel. Doing so reduces the need to reschedule hearings due to conflicts. You must also file and serve a Note for Hearing for your summary judgment motion within 5 days of receiving a hearing date and time; parties must promptly notify the court and each other if the court no longer needs to hear the noted motion.

Any email request for a dispositive motion hearing must include

• Case name and cause number
• Names, phone numbers, and email addresses of all counsel
• Type of hearing and dates requested

Judge Schubert will provide additional time on hearings involving multi-party cases or complex litigation. Please advise the bailiff of your request when scheduling.

Working copies

Department 40 is a paperless court and reviews materials requests receipt all working copies submitted via eWorking Copies. Please do not snail mail or messenger hard copies of working papers. The Court also does not accept working copies of pleadings over email. All motions, including stipulated motions, must be noted pursuant to LCR 7(b) and filed with the clerk. Working copies should have the judge’s name and the date and time of the hearing in the upper right hand corner of the first page of the motion. All working copies should also include a proposed order(s) in Word format; the Court will accept proposed order(s) in Word format via email with all parties copied on that email and appreciates updated versions of the proposed order that take into account all documentation filed regarding the pending motion.

Civil trial continuances

Requests to change the trial date should be by motion, filed and noted for hearing on a six-day calendar. See CR 7(b)(1) (“An application to the court for an order shall be by motion . . .”); LCR 40(e)(1) (“In cases that are governed by a Case Schedule, the trial date may be adjusted, prior to the Final Date to Change trial, by motion . . .”); 40(e)(2) (“A motion to strike a trial date, or change a trial date more than 28 days before or after the original date, shall be made in writing to the assigned judge . . .”). Do not send a stipulation and order to Judge Schubert’s bailiff; if the parties are in agreement as to the request for a continuance, the moving party should describe the motion as an “agreed motion” in the caption and set forth that agreement in the body of the motion. Send the proposed order in Word format to schubert.court@kingcounty.gov.

The Court grants motions to continue trial, other than the 28-day adjustment authorized by LCR 40(e)(1), only on the basis of good cause. The motion should be accompanied by a declaration as to the nature of the case, the discovery and trial preparation that have been completed, what remains to be accomplished, and an explanation of why the case could not be completed within the original case schedule. The assertion that more time is needed for discovery or negotiation, without more, will not usually constitute good cause.

LCR 40(e)(2) applies to motions filed after the final date to change trial date set forth in the Case Schedule. That rule provides that “the motion will not be granted except under extraordinary circumstances where there is no alternative means of preventing a substantial injustice.” Given that stringent standard, parties should be mindful of the deadline to change the trial date and should make sure a motion filed after that date sets forth extraordinary circumstances that require a continuance to prevent a substantial injustice. The failure to address that standard and set forth such circumstances will likely lead to the denial of the motion.

Civil trial exhibits

Pursuant to Local Rule 16 (5), the Joint Statement of Evidence is to be filed, not later than 5 court days before the scheduled trial date. As a courtesy to the court clerk, please deliver the Trial Exhibits (notebooks) to the Judges' Mailroom at least 3 days prior to the trial date along with two copies of the Joint Statement of Evidence.

Counsel should provide 2 sets of exhibits. The first (original) set will be marked by the clerk and used at trial. The second (copy) set is a courtesy copy for Judge Schubert. Do not mark directly on any exhibits as this will be done by the clerk.

Exhibits should be submitted in three ring binders using numbered tabs to separate each exhibit. Notebooks should be large enough so that the exhibits are not overcrowded. Plaintiff’s or petitioner's trial exhibits shall begin with the Number 1 and shall be numbered consecutively up to the last proposed exhibit. Defendant’s or respondent's trial exhibits shall begin with the number which follows plaintiff’s or petitioner's last proposed trial exhibit.

Depositions are not to be marked as an exhibit since they are part of the court file. Exhibits to the deposition may be marked as exhibits in evidence. Otherwise, all unattached exhibits in a deposition should be stapled or secured inside the back cover of the deposition.

Additional exhibits presented during trial will be marked and designated by the clerk. Please provide an original for the clerk and a courtesy copy for Judge Schubert.

Once an exhibit has been marked by the clerk, it is officially in her or his custody. To withdraw an exhibit prior to the completion of trial, an attorney will need to make a motion to withdraw the exhibit (on the record) in open court.

Please contact Judge Schubert's bailiff or courtroom clerk regarding the pre-marking of all trial exhibits or any further questions.

Trial procedures

Please review these general Trial Preparation Guidelines. Please also review Judge Schubert's Trial Procedures. They are intended to ensure an efficient trial.

Court's Voir Dire procedures and general Voir Dire questions

Please review Judge Schubert's Voir Dire Procedures (191KB) as well as his general voir dire questions for civil and criminal cases

• General Voir Dire Questions - Civil (252KB) 
• General Voir Dire Questions - Criminal (289KB)