Judge Michael Scott
c/o King County Superior Court
516 3rd Ave.
Seattle, WA 98104
Courtroom Number: W-965
Bailiff: Shannon Raymond
- Visit this webpage before contacting the court.
Read the Superior Court Email Policy.
- Get instructions for Delivering Documents.
- Get instructions for Scheduling Civil Motions.
Review these Trial Preparation guidelines.
Court Involvement in Discovery
Early judicial involvement in discovery can often avoid disputes and expedite resolution of disputes when they arise. Judge Scott encourages the parties to request a pretrial conference under CR 16 or CR 26(f) to consider matters such as (1) the scope and timing of discovery; (2) limitations of discovery requests and depositions; (3) procedures and protocols for electronic discovery; (4) expert witness disclosures and discovery; and (5) anything else that would promote the efficient resolution of the case. In complex cases or when it appears the parties are not working well in discovery on their own, the Court may order the parties to participate in a pretrial conference.
In all discovery matters lawyers should abide by their obligations to reasonably cooperate with one another, as expressed in the Rules of Professional Conduct. They should follow a “Golden Rule” of discovery: Seek discovery only of what you would consider reasonable if you were on the other side, and answer discovery as reasonably as you would expect it to be answered if you had promulgated it. Discovery should be reasonable, cooperative, and reciprocal; it should not resemble battle in any respect. Zealous advocacy should make use of the fruits of discovery; it should not be employed to seek unreasonable discovery or to avoid reasonable discovery.
If a discovery dispute arises, Judge Scott encourages the parties to seek his assistance in resolving it efficiently. Many disputes can be resolved promptly in a telephone conference without the necessity of a formal motion. Please email email@example.com to arrange a telephonic conference. The email should – as succinctly and non-argumentatively as possible – describe the nature of the dispute. (You must copy all parties on any email to the court.) If multiple or complex discovery disputes arise, Judge Scott may ask the parties to appear for a discovery conference in court. Telephonic and in-person conferences promote thoughtful, timely, and inexpensive resolution of disputes, and help the parties get back on track working well together in discovery.
Civil Trial Continuances
Requests to change the trial date should be by motion, filed and noted 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 Scott’s bailiff; if the parties agree on 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. Send the proposed order in Word format to firstname.lastname@example.org.
The Court grants motions to continue a trial, other than the 28-day adjustment authorized by LCR 40(e)(1), only based on good cause. The motion should come with a declaration describing the nature of the case, the discovery and other trial preparation 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.
NOTE: LCR 40(e)(2) applies to motions filed after the final date to change the trial date 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. Failing to address that standard and set forth such circumstances will likely lead to the denial of the motion.
Pursuant to KCLR 40(d)(2), all trial memoranda and other trial submissions are due not later than five court days prior to trial. Please contact the clerk by email to obtain information on pre-numbering exhibits. All submissions should be made to Judge Scott, in care of the judges' mailroom. (See mailing address above.)
In addition, Judge Scott requires all parties and counsel to work together to complete the Witness Examination Time Form, and that form must be submitted together with other pretrial memoranda five court days prior to trial.
If the parties intend to use depositions in trial, designations and objections shall be marked according to the guidelines provided here. Deposition designations and objections shall be provided to the Court at least five days prior to trial, along with all other pretrial materials.
Prior to Appearing in Judge Scott's Court For Hearings or Trial
Prior to appearing in Judge Scott's court, please review the Rules for Conduct in his courtroom.
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