Rule LFLR 5 - WHERE TO SCHEDULE MOTIONS IN FAMILY LAW PROCEEDINGSFor "Respective Chief Judge" see LGR 29(h).
(a) Case Assignment. Reserved. (b) Motions to be heard in the Ex Parte and Probate Department.(1) Unless otherwise specified in this rule, motions for orders to show cause and agreed orders shall be presented Ex Parte via the Clerk. When setting a hearing before a judge, the motion for order to show cause shall include proof that the judge's staff has approved the hearing to be set on that date. See LCR 7(b)(9).(2) Uncontested Final Orders.(B) Petitions for Invalidity. These final orders shall be presented to the assigned judge according to LCR 7. (C) Uncontested final orders presented by attorneys. An attorney must sign and file a certificate of compliance for all finalizations. Final orders in cases without children shall be presented Ex Parte via the Clerk. Final orders in cases with children shall be presented to the "Orders for Review" queue. (D) Uncontested final orders presented when both parties are self-represented. Final orders shall be reviewed by a court-approved program which shall submit the reviewed documents to a judicial officer for signature. See https://kingcounty.gov/courts/superior-court/family/facilitator.aspx for more information about how to submit orders for review. (c) Motions to be heard by Family Law Commissioners.(1)Case Assignment. Hearings with a "KNT" designation shall be noted at the Maleng Regional Justice Center (MRJC) in Kent and hearings with a "SEA" designation shall be noted at King County Courthouse in Seattle. For judicial economy, the court may hear motions in either courthouse. (2) Agreed orders continuing a family law hearing shall be submitted to the "Orders for Review" queue in the clerk's e-filing application. See LFLR 6(g)(1)(3) Unless otherwise specified in this rule, all contested motions in family law cases shall be heard on the family law motions calendar.(4) Motions in Trial by Affidavit cases. All motions in trial by affidavit cases, including motions related to discovery, shall be heard by the Trial by Affidavit family law commissioner. See LFLR 14.(d) Motions to be heard by Judges. Hearings before judges shall be scheduled using the timelines required by applicable civil and local rules, including but not limited to CR 12, CR 56, and LCR 7. Unless otherwise required, motions scheduled before judges shall be heard without oral argument. (1) Assigned Judge. The following motions shall be scheduled before the assigned judge, or if there is no assigned judge, the Respective Chief Judge: (A) Motions to seal a file or a document within a file, even if agreed;(B) Motions to change the trial date or a deadline in the case schedule;(C) Motions for summary judgment, excluding motions for summary judgment in parentage actions, which shall be heard on the family law motions calendar;(D) Motions to resolve which court shall exercise jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (Chapter 26.27 RCW);(E) Motions to enforce a CR2A agreement;(F) Motions for revision of a commissioner's order. See LCR 7(b)(8).(G) Motions to dismiss a petition that are not agreed or where notice of the motion is not required. (H) Motions to consolidate two or more actions under one case schedule shall be brought before the assigned judge if all actions are assigned to the judge. All other motions for consolidation shall be noted consistent with LFLR 5(d)(2)(A)(i).(I) De Facto Parentage court review hearings shall be noted with 14 days' notice and without oral argument. Fact finding hearings on Petitions to Stop Parentage Based on Sexual Assault.(J) Motions to Restrict Abusive Litigation. See LCR 40(b)(19)(K) All motions on Petitions for Visits while the case is active. See LFLR 9. (L) Any other motion identified in Section (e) below.(2) Chief Judges. (A) The following motions shall be scheduled before the Respective Chief Judge (UFC for cases with Children; Civil for cases without Children): (i) Change of Case Assignment Area or Consolidation of Cases. A motion to change the case assignment area or consolidate two or more actions under one case schedule shall be brought before the Respective Chief Judge. (ii) Motions related to an appeal of a commissioner's order. If a commissioner entered the final order that is appealed, any motions related to the appeal shall be noted before the Respective Chief Judge.(B) The following motions shall be heard by the Chief UFC Judge. (i) All motions in surrogacy cases. See LFLR 22.(ii) Petitions for Emancipation of a Minor cases.(iii) Petition for Waiver of Marriage Age cases.(e) Specific Motions.(1) Motions related to trials and appeals of judges' orders. The following motions shall be noted before the trial judge: motions in limine, trial motions, presentation of final orders related to a trial, motions relating to the appeal of a final order entered after trial, including motions to waive fees for the appeal and motions to stay the underlying order pending the appeal.(2) Motions to Vacate. All return hearings scheduled before a judge shall be set as provided in LFLR 5(b)(1).(A) Active Cases. In cases where there is still a pending trial date, the order to show cause on the motion to vacate an order shall set the return hearing before the judicial officer, or department who signed the order, except the return hearing on a motion to vacate an order of default in an active case shall be scheduled before the assigned judge.(B) Closed Cases. When a case has been dismissed or final orders have been entered, the order to show cause on the motion to vacate shall set the return hearing before the Respective Chief Judge except in the following circumstances: (i) If it is a motion to vacate final orders entered after a trial, the order to show cause shall set the return hearing before the trial judge. If that judge has left the court, the return hearing on the order to show cause shall be scheduled before the Respective Chief Judge.(ii) If the parties are presenting an agreed motion to vacate a dismissal and enter agreed final orders, the motion may be presented in the Ex Parte and Probate Department or Orders For Review Queue at the same time as the agreed final orders, as provided in LFLR 5(b)(2) and LCR 40.1(b)(I).(3) Motions for Reconsideration. See LCR 59. All motions for reconsideration, including those before family law commissioners, shall be scheduled without oral argument with i 14 days' notice before the judicial officer who entered the order to be reconsidered. No response shall be filed unless requested by the court, as provided in LCR 59(b).(4) Orders Shortening Time and Motions to Overset. Motions for orders shortening time for hearings scheduled in front of a UFC Judge shall be heard in accordance with LCR 7. For hearings set on the family law motions calendar, motions to shorten time or to overset the calendar shall be submitted to the "Orders for Review" Queue in the clerk's e-filing application.(6) Relocation Motions.(A) Motions for temporary orders to restrain or authorize relocation of a child in a relocation or modification case shall be noted with oral argument in front of the assigned judge with 14 days' notice. However, if there is no assigned judge because no objection to the relocation has been filed, these motions shall be heard by the Chief UFC Judge.(B) Ex parte motions authorized by statute shall be presented in the Ex Parte and Probate Department.(7) Motions for Default.(A) Notice not required. When notice is not required under CR 55, motions for default shall be presented Ex Parte via the Clerk's Office or presented with proposed final orders as outlined in section (b)(2) of this rule.(B) Notice required. If notice to an opposing party is required under CR 55 (for example, when an appearance but no answer has been filed), motions for default shall be noted before the Chief UFC Judge.(8) Motions related to discovery and appointment of experts.(A) Motions for a protective order, to compel a party to comply with a discovery request, or for sanctions related to discovery shall be scheduled before the assigned judge.(B) Motions to appoint experts, such as a parenting evaluator or an expert for asset valuations, shall be scheduled on the family law motions calendar. All other motions under CR 34 or CR 35 shall go to the assigned judge.King Cnty. Sup. L. Ct. R. LFLR 5
Adopted effective 9/1/2004; amended effective 9/1/2006; 9/1/2007; 9/1/2008; 1/1/2009; 9/1/2009; 9/1/2010; 9/2/2013; 9/2/2014; 9/1/2017; 9/1/2018; 10/23/2018; 9/1/2019; 9/1/2021; 9/1/2022; 10/25/2022; re-adopted 12/15/2022; amended and adopted 2/28/2023; re-adopted 4/27/2023; 9/1/2023; amended effective 8/1/2024.