LJuCR 3.14 Reconsideration and Revision
Local Juvenile Court Rule - Dependency Proceedings
(a) Reconsideration: Presentation of Orders.
(1) Motion and notice of Hearing. The form of motion and notice of hearing shall conform to LCR 7(b)(4) and be filed within the time limits of CR 59. The motion will be considered without oral argument unless called for by the court.
(2) Response and Reply. No response to a motion for reconsideration shall be filed unless requested by the court. No motion for reconsideration will be granted without such a request. If a response is called for, the court shall direct a date for the response, which shall be no less than six judicial days from the court’s directive. A reply may be filed within two judicial days of service of the response.
(3) The moving party and any party given leave to file a memorandum in opposition shall attach an original proposed order to the working copies submitted to the hearing judge/commissioner.
(b) Revision of Commissioner’s Ruling:
(1) Service and Filing of Motion. A motion for revision of a Commissioner's order shall be served and filed within ten (10) days of entry of the written order, as provided in RCW 2.24.050, and noted for consideration within twenty seven (27) days of entry of the Commissioner's order. A written note for motion must be provided to all other parties with at least fourteen (14) days’ notice of the date that the motion for revision will be considered. The motion must set forth specific grounds for revision and the arguments and authorities therefore, and must attach all paperwork originally submitted by all parties to the Commissioner. It shall be noted without oral argument.
(2) Providing Copies to the Judge. The party seeking revision must provide the lead dependency Judge with working copies of the motion, the note for motion, and all paperwork originally submitted by all parties to the Commissioner within two judicial days of filing. The moving party must also provide a copy of the Commissioner's order, and a proposed Order on Revision. The lead dependency Judge shall rule on the motion for revision or assign the motion to another judge according to court administration policy. If assigned to another judge, all parties will be provided notice of the reassignment.
(3) Providing Audio Copies of the Hearing. Unless specifically requested by the court, the moving party need not provide a recording of the hearing. In lieu of the recording, the judge will review the court’s recorded record.
(4) Responsive Document. Responsive documents must be served, and filed, no later than 12:00 noon, seven (7) days before the motion is to be decided. Any documents in strict reply are due no later than 12:00 noon, two judicial days before the motion is to be decided. Working copies of responsive documents must be submitted to the hearing Judge no later than two judicial days after filing, and working copies of any documents in strict reply must be submitted to the hearing Judge by the close of business the day of filing.
(5) Oral Argument. Oral argument on the motion for revision will be scheduled only upon request of the hearing Judge.
(6) Effect of Commissioner’s Order. The Commissioner's written order shall remain in effect pending the hearing on revision unless ordered otherwise by the reviewing judge.
(7) Time of Filing. For cases in which a timely motion for reconsideration of the Commissioner's order has been filed, the time for filing a motion for revision of the Commissioner's order shall commence on the date of the filing of the Commissioner's written order of judgment on reconsideration.
(1) Motion and notice of Hearing. The form of motion and notice of hearing shall conform to LCR 7(b)(4) and be filed within the time limits of CR 59. The motion will be considered without oral argument unless called for by the court.
(2) Response and Reply. No response to a motion for reconsideration shall be filed unless requested by the court. No motion for reconsideration will be granted without such a request. If a response is called for, the court shall direct a date for the response, which shall be no less than six judicial days from the court’s directive. A reply may be filed within two judicial days of service of the response.
(3) The moving party and any party given leave to file a memorandum in opposition shall attach an original proposed order to the working copies submitted to the hearing judge/commissioner.
(b) Revision of Commissioner’s Ruling:
(1) Service and Filing of Motion. A motion for revision of a Commissioner's order shall be served and filed within ten (10) days of entry of the written order, as provided in RCW 2.24.050, and noted for consideration within twenty seven (27) days of entry of the Commissioner's order. A written note for motion must be provided to all other parties with at least fourteen (14) days’ notice of the date that the motion for revision will be considered. The motion must set forth specific grounds for revision and the arguments and authorities therefore, and must attach all paperwork originally submitted by all parties to the Commissioner. It shall be noted without oral argument.
(2) Providing Copies to the Judge. The party seeking revision must provide the lead dependency Judge with working copies of the motion, the note for motion, and all paperwork originally submitted by all parties to the Commissioner within two judicial days of filing. The moving party must also provide a copy of the Commissioner's order, and a proposed Order on Revision. The lead dependency Judge shall rule on the motion for revision or assign the motion to another judge according to court administration policy. If assigned to another judge, all parties will be provided notice of the reassignment.
(3) Providing Audio Copies of the Hearing. Unless specifically requested by the court, the moving party need not provide a recording of the hearing. In lieu of the recording, the judge will review the court’s recorded record.
(4) Responsive Document. Responsive documents must be served, and filed, no later than 12:00 noon, seven (7) days before the motion is to be decided. Any documents in strict reply are due no later than 12:00 noon, two judicial days before the motion is to be decided. Working copies of responsive documents must be submitted to the hearing Judge no later than two judicial days after filing, and working copies of any documents in strict reply must be submitted to the hearing Judge by the close of business the day of filing.
(5) Oral Argument. Oral argument on the motion for revision will be scheduled only upon request of the hearing Judge.
(6) Effect of Commissioner’s Order. The Commissioner's written order shall remain in effect pending the hearing on revision unless ordered otherwise by the reviewing judge.
(7) Time of Filing. For cases in which a timely motion for reconsideration of the Commissioner's order has been filed, the time for filing a motion for revision of the Commissioner's order shall commence on the date of the filing of the Commissioner's written order of judgment on reconsideration.
[Adopted effective September 1, 2005; amended effective June 1, 2009; formerly LJuCR 3.12 renumbered and amended effective September 2, 2013; September 1, 2015; September 1, 2018; September 1, 2021.]