LJuCR 1.8 Procedural Motions
Local Juvenile Court Rule - Scope & Application of Rules
(a) Scope of Rule. Except as covered by LJuCR 2.3-2.5 (Shelter care); LJuCR 3.12 (Contested motions: dependency calendar), LJuCR 3.13 (Emergency Hearing and Hearings Set on Shortened Time-Contested Dependency Calendar and LJuCR 3.14 (Reconsideration and Revision), this rule shall govern motions practice in cases filed under Title 13.34 and Title 13.36 of the Revised Code of Washington.
(b) Time limits. Except as otherwise provided in these rules or in the civil rules, when a motion is set without oral argument, the moving party shall file and serve all motion documents, including a note for motion, no later than six judicial days before the date the party wishes the motion to be considered. The response shall be filed and served no later than noon two judicial days before the date the motion is to be considered. Any documents in strict reply shall be filed and served no later than noon the day before the date the motion is to be considered.
(c) Motions to Shorten Time. Motions for shortened time shall be noted without argument, pursuant to the provisions of LCR 7(b)(10), except in those situations where the substantive motion is to be heard on the contested motion calendar. See LJuCR 3.12.
(d) E-filing and E-Service. [Reserved]-See LGR 30.
(e) Proposed Orders. The moving party and any party opposing the motion shall each include a proposed order with their submissions.
(f) Motions to Withdraw-Court Appointed Counsel. Withdrawals and substitutions shall be made in compliance with CR 71.
(1) For cases pending a contested fact finding hearing (after entry of a pre-trial order), a motion to withdraw, whether or not a new attorney from the same division seeks to substitute in as counsel, must be set for hearing before the Lead Dependency Judge, with oral argument.
(2) Other than as set forth in (1), a withdrawal and substitution may be noted without oral argument.
(3) Whenever an attorney is seeking to withdraw because of a conflict with the client or because counsel can no longer locate the client, the motion shall be noted with oral argument with sufficient time to comply with the notice requirements of CR 71.
(g) Motions to Compel or For Protective Order. See LJuCR 1.9(e)
(h) Motions to Continue Fact Finding Hearing.
(1) Good Cause Required. No motion to continue shall be granted absent a showing of good cause.
(2) Motions to Continue Fact Finding hearing made prior to or at time of entry of a pre-trial order. If all parties agree to the continuance, a motion need not be separately noted, however, no case will be continued, even by agreement, without court approval. If the parties agree that the motion to continue may be made a shortened time at the pre-trial hearing, no formal motion for shortened time is required. In all other situations, six-days notice is required. These motions shall be heard by the judicial officer presiding at the pre-trial hearing.
(3) Motion to continue Fact Finding hearing made after entry of a pre-trial order. The motion shall be made on six-days notice without oral argument, unless oral argument is requested by the court or by a party. The motion will not be granted except under extraordinary circumstances, where there is no alternative means of preventing a substantial injustice. A continuance motion may be granted subject to such conditions as justice requires. These motions shall be heard by the Lead Dependency Judge.
(4) Trial Assignment Board. Dependency staff maintain a list of cases on which pre-trial orders have been entered. If a lawyer becomes unavailable for more than one day after the entry of the pre-trial order, that lawyer must file a motion to continue or present a proposed agreed order from all parties. An email to the bailiff is insufficient.
(i) Motions for Summary Judgment. Motions for summary judgment shall be noted before the Lead Dependency Judge and shall comply with the requirements of CR 56 and LCR 56.
(j) Departmental Motions to Dismiss. Unless agreed to by all parties, a motion to dismiss made pursuant to CR 41 shall be noted on six-days notice without oral argument and shall include the cause number of any pending family law action.
(b) Time limits. Except as otherwise provided in these rules or in the civil rules, when a motion is set without oral argument, the moving party shall file and serve all motion documents, including a note for motion, no later than six judicial days before the date the party wishes the motion to be considered. The response shall be filed and served no later than noon two judicial days before the date the motion is to be considered. Any documents in strict reply shall be filed and served no later than noon the day before the date the motion is to be considered.
(c) Motions to Shorten Time. Motions for shortened time shall be noted without argument, pursuant to the provisions of LCR 7(b)(10), except in those situations where the substantive motion is to be heard on the contested motion calendar. See LJuCR 3.12.
(d) E-filing and E-Service. [Reserved]-See LGR 30.
(e) Proposed Orders. The moving party and any party opposing the motion shall each include a proposed order with their submissions.
(f) Motions to Withdraw-Court Appointed Counsel. Withdrawals and substitutions shall be made in compliance with CR 71.
(1) For cases pending a contested fact finding hearing (after entry of a pre-trial order), a motion to withdraw, whether or not a new attorney from the same division seeks to substitute in as counsel, must be set for hearing before the Lead Dependency Judge, with oral argument.
(2) Other than as set forth in (1), a withdrawal and substitution may be noted without oral argument.
(3) Whenever an attorney is seeking to withdraw because of a conflict with the client or because counsel can no longer locate the client, the motion shall be noted with oral argument with sufficient time to comply with the notice requirements of CR 71.
(g) Motions to Compel or For Protective Order. See LJuCR 1.9(e)
(h) Motions to Continue Fact Finding Hearing.
(1) Good Cause Required. No motion to continue shall be granted absent a showing of good cause.
(2) Motions to Continue Fact Finding hearing made prior to or at time of entry of a pre-trial order. If all parties agree to the continuance, a motion need not be separately noted, however, no case will be continued, even by agreement, without court approval. If the parties agree that the motion to continue may be made a shortened time at the pre-trial hearing, no formal motion for shortened time is required. In all other situations, six-days notice is required. These motions shall be heard by the judicial officer presiding at the pre-trial hearing.
(3) Motion to continue Fact Finding hearing made after entry of a pre-trial order. The motion shall be made on six-days notice without oral argument, unless oral argument is requested by the court or by a party. The motion will not be granted except under extraordinary circumstances, where there is no alternative means of preventing a substantial injustice. A continuance motion may be granted subject to such conditions as justice requires. These motions shall be heard by the Lead Dependency Judge.
(4) Trial Assignment Board. Dependency staff maintain a list of cases on which pre-trial orders have been entered. If a lawyer becomes unavailable for more than one day after the entry of the pre-trial order, that lawyer must file a motion to continue or present a proposed agreed order from all parties. An email to the bailiff is insufficient.
(i) Motions for Summary Judgment. Motions for summary judgment shall be noted before the Lead Dependency Judge and shall comply with the requirements of CR 56 and LCR 56.
(j) Departmental Motions to Dismiss. Unless agreed to by all parties, a motion to dismiss made pursuant to CR 41 shall be noted on six-days notice without oral argument and shall include the cause number of any pending family law action.
[Adopted effective September 1, 2016; amended effective September 1, 2021.]