LJuCR 3.12 Contested Dependency Motions
Local Juvenile Court Rule - Dependency Proceedings
(a) Scope of the Rule. This rule shall govern motions practice in cases filed under Title 13.34 and Title 13.36 of the Revised Code of Washington, except for procedural motions (LJuCR 1.8) and Motions for Reconsideration and Revision (LJuCR 3.14).
(b) Motions Format and Procedures.
(1) Motions to Be in Writing. Motions must be in writing dated and signed by the attorney or party, and shall conform to LJuCR 3.12(d).
(2) Scheduling Motions. All contested dependency motions shall be heard on the dependency calendars as set by court staff, except where a judge has retained the case or issue or a procedural motion is brought after a judge has entered a pretrial order. All proposed dates for such matters must be approved by court staff via email at calendar.dependencyseattle@kingcounty.gov or calendar.dependencykent@kingcounty.gov. The approval will be based on the availability of time to hear the matter on the proposed date, unless ordered by the Court as an overset.
(3) Motion—Contents of. A motion for a contested hearing must conform to the following format:
(A) Relief Requested. The specific relief the Court is requested to grant.
(B) Statement of Facts. A succinct statement of the facts contended to be material.
(C) Statement of Issues. A concise statement of the issue(s) on which the Court is requested to rule.
(D) Evidence Relied Upon. The evidence on which the motion or reply is based must be attached to the motion or reply documents and specified with particularity. Such evidence may include written statements or reports relating to the provision of services and the response of the parties thereto or otherwise relating to compliance with court orders and disposition plans. Hearsay evidence must be provided by sworn statements or declarations unless a reasonable basis exists why such statements could not be procured, in which case the proponent of the evidence must identify the source of the hearsay and its basis of knowledge for the facts or opinions asserted. Any party wishing to request clarification, modification, or enforcement of a prior order shall attach to their pleadings a copy of the order sought to be modified.
(E) Authority. Any legal authority relied upon must be cited.
(F) Proposed Order. The moving party and any party opposing the motion shall serve a copy of their proposed order with the motion and include it with the working copies provided for the Court. The original of the proposed order shall not be filed with the Clerk, nor included with the working copies for the Court, but brought to the hearing by the moving party.
(c) Time of Hearing.
(1) Unopposed Matters. The Court will, on request, enter the order moved for if no one appears in opposition 30 minutes after the time set for hearing unless the Court deems it inappropriate. The opposing party may move to strike a matter if the moving party fails to appear 30 minutes after the time set for hearing unless the Court deems it inappropriate.
(2) Hearing Order. Motions will be heard in the order designated by the Court.
(3) Time for Argument. No more than five minutes per party or less as directed by the judicial officer hearing the matter, will be allowed for argument unless specially authorized by the Court upon prior application to the judicial officer who will be hearing the matter.
(d) Contested Motions. Contested dependency motions may be set by a party or by the Court on its own motion. Motion hearings may include full dependency reviews but shall be limited to particular noted issues and will not include 72-hour shelter care, 30-day shelter care, or permanency planning hearings.
(1) Motion by a Party.
(A) Filing and Scheduling of Motion. Any party desiring to bring a motion for a contested hearing shall file with the Clerk and serve upon all parties at least 14 days before the date fixed for such hearing, the motion together with all supporting documents including affidavits and a note for the motion calendar. The note must contain the title of the Court; the case number and a title of the cause; the designation “Juvenile Dependency Motions”; the date and time when the same shall be heard; the words “Note for Motion Calendar”; the names, addresses and telephone numbers of attorneys for all parties; the nature of the motion; and by whom made. This note shall be signed by the attorney or party filing the same, with the designation of party represented.
(B) Working copies of the note and motion together with all supporting documents including affidavits shall be submitted pursuant to LJrCR 3.2(c) by noon three judicial days prior to the hearing.
(C) Responsive documents and briefs shall be filed with the Clerk and served upon all parties no later than noon seven days prior to the hearing; and documents in strict reply thereto shall be similarly filed and served no later than noon of the second judicial day prior to the hearing. All responsive documents shall have the name of the judicial officer expected to hear the matter or the assigned courtroom, and the hearing date and time noted on the upper right corner. Working copies of the response shall be submitted by noon three days prior to the hearing, and the reply shall be submitted by the close of business two days prior to the hearing.
(D) Status Quo Order. If the contested hearing will include a full dependency review and the date for the hearing is more than six months from the beginning date of the placement episode or the entry of the previous dependency review order or order of dependency (whichever is first), a status quo order will be entered as provided in LJuCR 3.9(d)(4).
(E) Motion to Expand the Issues. Once a contested motion hearing is scheduled, any party to the dependency may raise additional issues or designate it as a full dependency review by filing a motion to expand issues and noting the matter for hearing with court staff via email at calendar.dependencyseattle@kingcounty.gov or calendar.dependencykent@kingcounty.gov to a date which provides all the parties with at least 14 days' notice of the new issues, and notifying court staff. Motions to expand issues are not permitted if the party initially noting the motion for contested hearing designates the motion as an emergency.
(2) Motion by the Court. When the Court has set a matter on for a full dependency review, the parties will be notified by the Court of the issue(s) to be addressed, in writing at least 14 days prior to the Court-scheduled contested motion hearing, and the parties must respond with written materials which support their respective positions on the issue(s) set for hearing by the Court in the same manner as a party responding to a motion as set out in LJuCR 3.12.
(3) Striking Hearing or Changing Hearing Date. A contested dependency motion hearing may be stricken, or the hearing date changed, in the following manner:
(A) Striking Hearing. A hearing on a contested dependency motion may be stricken at any time by the moving party, unless another party has previously filed and served a motion to expand issues under LJuCR 3.12(d). Notice that the motion hearing is being stricken shall be given to all parties not later than noon on the day before the scheduled hearing by the means most likely to give actual notice to the party or person in question. Such notice shall be confirmed by filing with the Clerk a Note for Calendar indicating that the hearing has been stricken and serving the notice on all parties. The Note for Calendar should be filed by noon on the business day before the date of the hearing and should be served on court staff for distribution to the judicial officer scheduled to hear the matter.
(B) Changing Hearing Date. The hearing date on a contested dependency motion may be changed once by agreement of all parties. A new date must be obtained from court staff via email at calendar.dependencyseattle@kingcounty.gov or calendar.dependencykent@kingcounty.gov. A Note for Calendar reflecting the new date should be filed with the Clerk at the time that the hearing is changed and should reflect that the original hearing date is stricken.
(C) Hearings Where There is a Motion to Expand Issues. Where another party has filed a motion to expand issues under LJuCR 3.12(d), the hearing originally noted may not be stricken unless the party who filed the original motion agrees, or the court orders that the hearing be continued to accommodate resolution of the expanded issues. The hearing date may be changed by agreement of all parties in the manner described under subsection 3.12(e)(2) supra.
(D) Motions without oral argument. Non-dispositive motions, which a party reasonably believes can be resolved on pleadings alone, may be noted without oral argument in the same manner as other motions under LJuCR 1.8 except that:
(i) The moving party must clearly designate in their note for calendar that the motion is to be heard without oral argument, and must attach a proposed order to their working copies, and
(ii) A party may object to the motion being heard without oral argument by clearly noting their objection in their responsive pleadings and timely filing and serving their response.
(iii) If the court determines that oral argument is necessary it will issue an order resetting the hearing to occur with oral argument.
(e) Motion for Oral Testimony. Any party seeking authority to present oral testimony must file a motion requesting oral testimony together with affidavits setting forth the reasons testimony is necessary to a just adjudication of the issues, and an identification of the witnesses sought to be called.
(1) The motion for oral testimony shall be filed before or at the time the motion or response of that party is being filed and shall be decided without oral argument. Working copies of these materials must be submitted pursuant to LJuCR 3.2(c) and the judicial officer will determine whether oral testimony will be allowed and/or set out any limitations without oral argument.
(2) The affidavits and exhibits must demonstrate the extraordinary features of the case. Factors which may be considered include substantial questions of credibility on a major issue, insufficiency or inconsistency in discovery materials not correctable by further discovery, or particularly complex circumstances requiring expert testimony.
(3) A motion for oral testimony may be joined by the other party, but an order providing for oral testimony cannot be entered by stipulation. The assigned judicial officer's decision will be communicated by writing or by telephone no later than 48 hours before the hearing. If granted such a motion may require the setting of a special hearing time as determined by the assigned judicial officer.
(f) Imposition of Sanctions or Terms. Nonappearance on a motion by the moving party or by a party with notice who opposes the motion may result in the imposition of sanctions or terms.
(b) Motions Format and Procedures.
(1) Motions to Be in Writing. Motions must be in writing dated and signed by the attorney or party, and shall conform to LJuCR 3.12(d).
(2) Scheduling Motions. All contested dependency motions shall be heard on the dependency calendars as set by court staff, except where a judge has retained the case or issue or a procedural motion is brought after a judge has entered a pretrial order. All proposed dates for such matters must be approved by court staff via email at calendar.dependencyseattle@kingcounty.gov or calendar.dependencykent@kingcounty.gov. The approval will be based on the availability of time to hear the matter on the proposed date, unless ordered by the Court as an overset.
(3) Motion—Contents of. A motion for a contested hearing must conform to the following format:
(A) Relief Requested. The specific relief the Court is requested to grant.
(B) Statement of Facts. A succinct statement of the facts contended to be material.
(C) Statement of Issues. A concise statement of the issue(s) on which the Court is requested to rule.
(D) Evidence Relied Upon. The evidence on which the motion or reply is based must be attached to the motion or reply documents and specified with particularity. Such evidence may include written statements or reports relating to the provision of services and the response of the parties thereto or otherwise relating to compliance with court orders and disposition plans. Hearsay evidence must be provided by sworn statements or declarations unless a reasonable basis exists why such statements could not be procured, in which case the proponent of the evidence must identify the source of the hearsay and its basis of knowledge for the facts or opinions asserted. Any party wishing to request clarification, modification, or enforcement of a prior order shall attach to their pleadings a copy of the order sought to be modified.
(E) Authority. Any legal authority relied upon must be cited.
(F) Proposed Order. The moving party and any party opposing the motion shall serve a copy of their proposed order with the motion and include it with the working copies provided for the Court. The original of the proposed order shall not be filed with the Clerk, nor included with the working copies for the Court, but brought to the hearing by the moving party.
(c) Time of Hearing.
(1) Unopposed Matters. The Court will, on request, enter the order moved for if no one appears in opposition 30 minutes after the time set for hearing unless the Court deems it inappropriate. The opposing party may move to strike a matter if the moving party fails to appear 30 minutes after the time set for hearing unless the Court deems it inappropriate.
(2) Hearing Order. Motions will be heard in the order designated by the Court.
(3) Time for Argument. No more than five minutes per party or less as directed by the judicial officer hearing the matter, will be allowed for argument unless specially authorized by the Court upon prior application to the judicial officer who will be hearing the matter.
(d) Contested Motions. Contested dependency motions may be set by a party or by the Court on its own motion. Motion hearings may include full dependency reviews but shall be limited to particular noted issues and will not include 72-hour shelter care, 30-day shelter care, or permanency planning hearings.
(1) Motion by a Party.
(A) Filing and Scheduling of Motion. Any party desiring to bring a motion for a contested hearing shall file with the Clerk and serve upon all parties at least 14 days before the date fixed for such hearing, the motion together with all supporting documents including affidavits and a note for the motion calendar. The note must contain the title of the Court; the case number and a title of the cause; the designation “Juvenile Dependency Motions”; the date and time when the same shall be heard; the words “Note for Motion Calendar”; the names, addresses and telephone numbers of attorneys for all parties; the nature of the motion; and by whom made. This note shall be signed by the attorney or party filing the same, with the designation of party represented.
(B) Working copies of the note and motion together with all supporting documents including affidavits shall be submitted pursuant to LJrCR 3.2(c) by noon three judicial days prior to the hearing.
(C) Responsive documents and briefs shall be filed with the Clerk and served upon all parties no later than noon seven days prior to the hearing; and documents in strict reply thereto shall be similarly filed and served no later than noon of the second judicial day prior to the hearing. All responsive documents shall have the name of the judicial officer expected to hear the matter or the assigned courtroom, and the hearing date and time noted on the upper right corner. Working copies of the response shall be submitted by noon three days prior to the hearing, and the reply shall be submitted by the close of business two days prior to the hearing.
(D) Status Quo Order. If the contested hearing will include a full dependency review and the date for the hearing is more than six months from the beginning date of the placement episode or the entry of the previous dependency review order or order of dependency (whichever is first), a status quo order will be entered as provided in LJuCR 3.9(d)(4).
(E) Motion to Expand the Issues. Once a contested motion hearing is scheduled, any party to the dependency may raise additional issues or designate it as a full dependency review by filing a motion to expand issues and noting the matter for hearing with court staff via email at calendar.dependencyseattle@kingcounty.gov or calendar.dependencykent@kingcounty.gov to a date which provides all the parties with at least 14 days' notice of the new issues, and notifying court staff. Motions to expand issues are not permitted if the party initially noting the motion for contested hearing designates the motion as an emergency.
(2) Motion by the Court. When the Court has set a matter on for a full dependency review, the parties will be notified by the Court of the issue(s) to be addressed, in writing at least 14 days prior to the Court-scheduled contested motion hearing, and the parties must respond with written materials which support their respective positions on the issue(s) set for hearing by the Court in the same manner as a party responding to a motion as set out in LJuCR 3.12.
(3) Striking Hearing or Changing Hearing Date. A contested dependency motion hearing may be stricken, or the hearing date changed, in the following manner:
(A) Striking Hearing. A hearing on a contested dependency motion may be stricken at any time by the moving party, unless another party has previously filed and served a motion to expand issues under LJuCR 3.12(d). Notice that the motion hearing is being stricken shall be given to all parties not later than noon on the day before the scheduled hearing by the means most likely to give actual notice to the party or person in question. Such notice shall be confirmed by filing with the Clerk a Note for Calendar indicating that the hearing has been stricken and serving the notice on all parties. The Note for Calendar should be filed by noon on the business day before the date of the hearing and should be served on court staff for distribution to the judicial officer scheduled to hear the matter.
(B) Changing Hearing Date. The hearing date on a contested dependency motion may be changed once by agreement of all parties. A new date must be obtained from court staff via email at calendar.dependencyseattle@kingcounty.gov or calendar.dependencykent@kingcounty.gov. A Note for Calendar reflecting the new date should be filed with the Clerk at the time that the hearing is changed and should reflect that the original hearing date is stricken.
(C) Hearings Where There is a Motion to Expand Issues. Where another party has filed a motion to expand issues under LJuCR 3.12(d), the hearing originally noted may not be stricken unless the party who filed the original motion agrees, or the court orders that the hearing be continued to accommodate resolution of the expanded issues. The hearing date may be changed by agreement of all parties in the manner described under subsection 3.12(e)(2) supra.
(D) Motions without oral argument. Non-dispositive motions, which a party reasonably believes can be resolved on pleadings alone, may be noted without oral argument in the same manner as other motions under LJuCR 1.8 except that:
(i) The moving party must clearly designate in their note for calendar that the motion is to be heard without oral argument, and must attach a proposed order to their working copies, and
(ii) A party may object to the motion being heard without oral argument by clearly noting their objection in their responsive pleadings and timely filing and serving their response.
(iii) If the court determines that oral argument is necessary it will issue an order resetting the hearing to occur with oral argument.
(e) Motion for Oral Testimony. Any party seeking authority to present oral testimony must file a motion requesting oral testimony together with affidavits setting forth the reasons testimony is necessary to a just adjudication of the issues, and an identification of the witnesses sought to be called.
(1) The motion for oral testimony shall be filed before or at the time the motion or response of that party is being filed and shall be decided without oral argument. Working copies of these materials must be submitted pursuant to LJuCR 3.2(c) and the judicial officer will determine whether oral testimony will be allowed and/or set out any limitations without oral argument.
(2) The affidavits and exhibits must demonstrate the extraordinary features of the case. Factors which may be considered include substantial questions of credibility on a major issue, insufficiency or inconsistency in discovery materials not correctable by further discovery, or particularly complex circumstances requiring expert testimony.
(3) A motion for oral testimony may be joined by the other party, but an order providing for oral testimony cannot be entered by stipulation. The assigned judicial officer's decision will be communicated by writing or by telephone no later than 48 hours before the hearing. If granted such a motion may require the setting of a special hearing time as determined by the assigned judicial officer.
(f) Imposition of Sanctions or Terms. Nonappearance on a motion by the moving party or by a party with notice who opposes the motion may result in the imposition of sanctions or terms.
[Adopted effective September 1, 2005; June 1, 2009; formerly LJuCR 3.10 renumbered and amended effective September 2, 2013; September 1, 2016; September 1, 2021.]