LCR 40.1. Ex Parte & Probate Department

In accordance with GR 7, the King County Superior Court has adopted emergency changes to LCR 40.1. The changes can be found here: Local Civil Rule 40.1 (Amendments to Civil Protection Orders)

This rule governs all matters presented to the Ex Parte and Probate Department and directs certain other matters elsewhere.

(a) Ex Parte and Probate Department.

(1) Ex Parte and Probate Department Presentation of Motions and Hearings Manual. The Ex Parte and Probate Department and probate Presentation of Motions and Hearings Manual (“Motions and Hearings Manual”) is issued by the clerk and shall contain a list of all matters that shall be presented to the Ex Parte and Probate Department and specifically indicate which matters shall be heard in person and which shall be submitted in writing, without oral argument, through the clerk’s office. The Motions and Hearings Manual shall contain specific procedural information on how to present matters through the clerk’s office. The Motions and Hearings Manual shall be made available online at www.kingcounty.gov/courts/clerk/documents/ExParte and in paper form through the clerk’s office and the Ex Parte and Probate Department.

(2) Argument. Matters presented to the Ex Parte and Probate Department are heard either with or without oral argument as determined by this rule.

(A) Matters With Oral Argument. Generally, emergency orders of protection, other specific emergent matters, matters requiring notice, matters requiring testimony, and matters directed specifically by the Court will be heard in person, with oral argument. The parties shall comply with the Motions and Hearings Manual to determine if a specific matter shall be permitted oral argument.

(B) Matters Required to be Noted. Those matters that require notice to another party and all matters listed under Local Rule 98.16, 98.04, and 98.20 must be noted for hearing with oral argument in the Ex Parte and Probate Department and served on all parties.

(C) Matters Without Oral Argument. All other matters not presented in person shall be submitted to the Ex Parte and Probate Department in writing, without oral argument, through the clerk's office. Parties must submit their paperwork to the clerk's office directly. Parties shall comply with the specific process set forth in the Motions and Hearings Manual for submitting their paperwork.

(3) Certification to a Judge. At the judicial officer's discretion, a case assigned to the Ex Parte and Probate Department may be certified for assignment to a judge. Upon certification, the clerk's office will assign the case to a judge with a trial date. Once assigned to a judge, the entire case is before that judge, including all motions except as provided otherwise in these rules or by the Court.

(b) Motions and Other Procedures.

(1) Cases Not Assigned. Except as provided otherwise in these rules, all motions and proceedings pertaining to cases not assigned a case schedule or judge on filing shall be presented to the Ex Parte and Probate Department. The following cases or motions are heard by the Ex Parte and Probate Department:

(A) Adoption Proceedings. Adoption proceedings, except Confidential Intermediary Petitions which are assigned to the Judges Sealed File Committee, shall be heard in the Ex Parte and Probate Department or a judge by special setting. Contested proceedings may be referred by the commissioner to the clerk who will issue a trial date and a case schedule and will assign the case to a judge. All hearings to finalize an Adoption Petition shall be noted for a hearing on the appropriate calendar. All other matters shall be presented via the clerk.

(B) Agreed and Default Family Law Decrees and Modifications. See LFLR 5.

(C) Antiharassment, Domestic Violence, Sexual Assault and Vulnerable Adult Protection Orders:

(i) Antiharassment Petitions. Applications for temporary antiharassment protection orders shall be presented to the Ex Parte and Probate Department. Hearings on final antiharassment protection orders shall be set by the clerk or Judicial Officer on the Antiharassment/Sexual Assault Protection Order calendar.

(ii) Domestic Violence Protection Orders. See LFLR 12.

(iii) Sexual Assault Protection Orders. Applications for temporary sexual assault protection orders shall be presented in the Ex Parte and Probate Department. Hearings on final sexual assault protection orders shall be set by the clerk or Judicial Officer on the Antiharassment/Sexual Assault Protection Order calendar.

(iv) Vulnerable Adult Protection Orders. Applications for temporary vulnerable adult protection orders shall be presented to the Ex Parte and Probate Department. Hearings on final vulnerable adult protection orders shall be set by the clerk or Judicial Officer before the Ex Parte and Probate Department.

(D) Guardianships, Probates and Other Settlements of Claim involving Incapacitated Adults or Minors. All proceedings brought under Title 11 which include but are not limited to Guardianships, Probates, and trust matters, as well as motions to approve settlement of a claim on behalf of a minor or incapacitated adult pursuant to SPR 98.16, shall be set on the Guardianship/Probate calendar in the Ex Parte and Probate Department either through the clerk’s office or in person, pursuant to the policy guidelines in the Motions and Hearings Manual issued by the clerk’s office. If the matter is contested, it may be referred by the judicial officer to the clerk who will issue a trial date and will assign the case to a judge.

(E) Judgments on Arbitration Awards. Judgments on Arbitration Awards shall be presented to the Ex Parte and Probate Department with notice to the other parties.

(F) Orders to Show Cause. All Motions for Show Cause on cases not assigned a case schedule or judge at filing shall be presented to the Ex Parte and Probate Department. For all cases where the return on the order to show cause is to a calendar, the moving party shall select the return date and state the calendar in the proposed order. See also LCR 7(b)(3); LFLR 5. For cases assigned a case schedule or judge at filing, see LCR 40.1(b)(2)(H).

(G) Orders Waiving Filing Fees. In Forma Pauperis Motions where the party is attempting to seek a waiver of the initial filing fee shall be presented to the Ex Parte and Probate Department. See GR 34. Forms and instructions for these waivers are available at the clerk’s office or on the clerk’s website: www.kingcounty.gov/courts/clerk/fees.

(H) Orders to Remove Non-ECR Files. Orders to remove non-ECR files from clerk’s office shall be presented to the Ex Parte and Probate Department.

(I) Orders Vacating a Dismissal. Orders vacating a dismissal of any civil case combined with a final dispositive order shall be presented to the Ex Parte and Probate Department.

(J) Receivership Proceedings. If the petition is a new action and not part of an underlying proceeding, the initial hearings shall be set in the Ex Parte and Probate Department, and be presented in person; contested proceedings may be referred by the commissioner to the clerk who will issue a trial date and a case schedule and will assign the case to a judge.

(K) Sealed Files. See LGR 15, LCR 26(b) and LFLR 11.

(L) Unlawful Detainer Actions. The orders to show cause, any agreed orders, and any orders that do not require notice, shall be presented without oral argument through the clerk’s office to the Ex Parte and Probate Department. The moving party shall obtain the order to show cause first before filing the note for hearing. The initial hearing on order to show cause shall be heard in person in the Ex Parte and Probate Department, provided that contested proceedings may be referred by the judicial officer to the clerk who will issue a trial date and a case schedule and will assign the case to a judge.

(M) Writs. For pre-judgment garnishment, attachment, replevin, restitution and assistance writs the initial application shall be presented without oral argument to the Ex Parte and Probate Department through the clerk’s office. The moving party shall obtain a date from the assigned trial court for the return hearing before presenting the motion to the Ex Parte and Probate Department. For other writs, see LCR 40 (b)(13).

(N) Post-Foreclosure Motions. Following the entry of the order of foreclosure by the assigned judge, motions to confirm the sale and/or motions for an order to disburse funds shall be set in the Ex Parte and Probate Department and be presented in person with notice pursuant to LCR 7 (b) to all parties who have appeared.

(2) Cases Assigned to a Judge, But Heard in the Ex Parte and Probate Department

(A) In civil proceedings, including family law proceedings, all agreed orders, judgments and decrees, and any orders that do not require notice to any other party, interested person, or entity, provided that the order does not affect the case schedule, direct the clerk to seal a document or file, provide for a protective order pursuant to LCR 26(c) or purport to direct the manner in which another Department or Judge handles a hearing (i.e. a motion to exceed word limits or shorten time), and is not reserved to any other calendar by any statute, court rule, or court order. See LCR 40 and LFLR 5.

(B) Motions to approve or disapprove the settlement of a claim on behalf of an incapacitated person or minor. See SPR 98.16.

(C) Judgments on arbitration awards. See LMAR 6.3.

(D) Civil and family law emergency restraining orders, including domestic violence, sexual assault, and anti-harassment protection orders where either no notice or shortened notice has been given to the opposing parties.

(E) Any other matters as directed by these rules or the Court.

(F) Temporary Restraining Orders. Temporary restraining orders seeking relief pending a hearing on show cause shall be presented to the Ex Parte and Probate Department, and may be presented along with the Motion for Show Cause.

(G) Unopposed Matters. Unopposed matters are to include any agreed order or any order that does not require notice to any other party, interested person or entity and does not require the approval of the assigned judge and is not reserved to any other calendar by any statute, court rule, or court order. Motions for default orders and default judgments shall be presented to the Ex Parte and Probate Department, unless any defendant has appeared in the matter, in which case it shall be noted before the assigned judge, or if no judge has been assigned to the Respective Chief Judge in accordance with LCR 7 and LGR 29(h).

(H) Orders to Show Cause. For all cases where the return on the order to show cause is to a calendar, rather than before the assigned judge, the moving party shall select the return date and state the calendar in the proposed order. See LFLR 5. For all family law cases where the return hearing is before the assigned judge, the moving party shall comply with LFLR 5(b)(1). For all other civil proceedings where the return hearing is before the assigned judge, the moving party shall present the motion to show cause to the assigned judge as required by LCR 7(b)(9).

(c) Matters Not Presented to the Ex Parte and Probate Department. Regardless of the type of motion, the following types of cases are not heard in the Ex Parte and Probate Department except as otherwise directed by the Court: juvenile court proceedings; civil commitment and sexual predator proceedings; criminal matters; and family law matters given a UFS or UFK designation and assigned to an individual judicial officer for intensive case management. See LFLR 5 and the Motions and Hearings Manual with respect to what types of family law motions shall be presented to the Ex Parte and Probate Department.

(1) Matters Presented to the Clerk

(A) Requests to Waive Ex Parte via the Clerk and ECR On-Line Fees. Requests to waive fees for Ex Parte via the Clerk shall be presented to the clerk. Forms and instructions for these waivers are available at the clerk's office or the clerk's website: www.kingcounty.gov/courts/clerk/fees.aspx. See LCR 78 regarding the waiver of ECR On-line Fees.

(2) Matters Presented to the Assigned Judge

(A) Orders Waiving Other Fees. Waiver of fees other than initial filing fees shall be presented to the assigned judge, or if no assigned judge to the Chief Civil Judge. See RAP 15 for waiver of appellate fees and costs. See GR 34. Forms and instructions for these waivers are available at the clerk's office or on the clerk's website: kingcounty.gov/courts/clerk/fees.aspx.

[Adopted effective January 1, 2009; amended effective September 1, 2009; September 1, 2010; September 1, 2012; September 1, 2015; September 1, 2017; September 1, 2018, September 1, 2019; September 1, 2020; September 1, 2022; September 1, 2023.]