King County Superior Court Adjournment & Extension Requirements

Any change to a sentencing date must first be approved by both parties and the assigned sentencing court.

Any change in sentencing date must first be approved by both parties and by the assigned sentencing court.

Contested requests to continue sentencing must be noted for a motion to continue sentencing before the assigned judge.

If one party is seeking a continuance of sentencing to which the other party objects, the matter shall be noted for a motion to continue sentencing before the assigned judge.

Parties may not preserve the right to address release at a later omnibus hearing via rolling omnibus or a continuance order notation unless the court approves in advance.

The parties cannot preserve the ability to address release at a subsequent omnibus hearing by rolling omnibus or noting an intent to address release on a continuance order absent prior court approval.

Motions to continue the omnibus hearing or the trial date must be heard by the court rather than handled by agreement.

Motions to continue omnibus and motions to continue trial shall be heard by the court.

Parties are presumed ready for trial without recesses unless they notify the court the day before trial of a continuance or recess request.

It is presumed that the parties are ready for trial and will proceed to trial without recesses if a party does not notify the court the day before trial that it will be seeking a continuance or recess.

Changes to a confirmed trial date are granted only upon motion to the Chief Criminal Judge or Chief MRJC Judge for good cause based on unforeseen circumstances.

Once a trial date is confirmed, any change in the trial date will be granted, only upon motion, by the Chief Criminal Judge or the Chief MRJC Judge, for good cause on the basis of unforeseen circumstances.

Continuance motions must be ruled on by the Chief Criminal or Chief MRJC Judge, not the trial judge, unless the trial judge is authorized; the case is immediately returned for that ruling.

If a case has been assigned to a courtroom for trial and the judge believes a continuance may now be warranted, the case shall be immediately returned to the Chief Criminal or Chief MRJC Judge for ruling on the motion. Continuance motions are not properly heard by the trial judge, except if authorized by the Chief Criminal or Chief MRJC Judge.

Motions to continue the trial date and motions for substitution of counsel must be heard by the Chief Criminal or Chief MRJC Judge.

Any motion to continue the trial date or motion for substitution of counsel shall be heard by the Chief Criminal or Chief MRJC Judge.

To reschedule an arraignment after a failure to appear, defendants or defense counsel must contact the Prosecuting Attorney's office.

Defendants or defense counsel must contact the Prosecuting Attorney's office to reschedule an arraignment.

To quash a bench warrant issued at sentencing and reset the sentencing date, defense counsel must contact the sentencing judge.

Defense counsel must contact the sentencing judge to schedule a motion to quash the warrant and re-set the sentencing date.

After pre-assignment, the assigned judge handles all pretrial management and pretrial motions, but motions to continue the trial date are reserved to the Chief Criminal Judge and Chief MRJC Judge unless the parties agree otherwise.

Once a case is pre-assigned, all pre-trial management is handled by the assigned judge including discovery conferences, the omnibus hearing, and all pre-trial motions, except that motions to continue trial are reserved to the Chief Criminal Judge and Chief MRJC Judge, unless otherwise agreed.

Continuances of sentencing beyond the standard two-to-four week window may be granted only by the assigned sentencing judge, the Chief Criminal Judge, or the Chief MRJC Judge.

Longer continuances of sentencing may be granted only by the assigned sentencing judge, the Chief Criminal Judge, or the Chief MRJC Judge.

If a sentencing hearing is anticipated to take more than 15 minutes, counsel must reschedule the sentencing date with the sentencing court.

If sentencing is anticipated to take more than 15 minutes, reschedule the sentencing date with the sentencing court;

Requests to change the trial date must be made by motion, filed and noted on a nine-day calendar.

Requests to change the trial date should be by motion, filed and noted on a nine-day calendar.

Trial continuance motions must be served and filed and noted for consideration before the hearing judge two judicial days after filing in accordance with LCR 7(b)(4)(H).

The motion should be served and filed and noted for consideration before the hearing judge two judicial days after filing in accordance with LCR 7(b)(4)(H).

Trial continuances are granted only for good cause, supported by a declaration describing the case, the preparation completed, what remains, and why the case cannot be completed within the original schedule.

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.

Motions to change the trial date filed after the final date in the Case Schedule will not be granted except upon a showing of extraordinary circumstances with no alternative means of preventing a substantial injustice.

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.

Motions to change a civil trial date, even when submitted by stipulation, must comply with Local Rule 40(e).

Motions for a change in trial date, even if submitted by stipulation of the parties, must be made in compliance with Local Rule 40(e).

Requests to change the trial date must be made by motion filed and noted for hearing on a nine-court-day calendar.

Requests to change the trial date should be by motion, filed and noted for hearing on a nine-court-day calendar.

Untimely motions to change the trial date filed after the Case Schedule deadline will not be granted except under extraordinary circumstances where no alternative means prevents a substantial injustice (LCR 40(e)(2)).

LCR 40(e)(2) applies to untimely motions filed after the final date to change trial date set forth 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."

Trial continuances (other than the 28-day adjustment under LCR 40(e)(1)) are granted only on a showing of good cause.

The Court grants motions to continue trial, other than the 28-day adjustment authorized by LCR 40(e)(1), only on the basis of good cause.

After the Final Date to Change Trial, continuances are granted only under extraordinary circumstances as provided by LCR 40(e)(2).

After the Final Date to Change Trial, a motion to continue trial will be granted only under extraordinary circumstances, as provided by LCR 40(e)(2).

Requests to continue or strike a motion must be emailed to the bailiff with case name, cause number, and noting date, and a Notice Striking Motion must be filed.

Please notify the bailiff by e-mail if you need to continue or strike a motion -- always provide the case name, cause number, and the date for which the motion is noted, and file the Notice Striking Motion.

Requests to change the trial date must be made by motion, filed and noted on a nine-day calendar.

Requests to change the trial date should be by motion, filed and noted on a nine-day calendar.

Stipulations and orders must not be sent directly to Judge Scott's bailiff.

Do not send a stipulation and order to Judge Scott's bailiff.

Trial continuances (other than 28-day adjustments under LCR 40(e)(1)) are granted only for good cause supported by a declaration detailing case status, completed preparation, remaining work, and why the case cannot be completed on schedule.

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.

Motions to change the trial date filed after the final date in the Case Schedule will not be granted except upon extraordinary circumstances preventing a substantial injustice.

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."

Trial continuances require a good-cause showing of diligence and need, including what preparation is complete, what remains, and why the case could not be completed on the original schedule.

A continuance of the trial date generally requires showing good cause, including both diligence and need. The motion should be accompanied by a showing of what discovery and trial preparation have already been completed, what remains to be accomplished, and why the case could not have been completed within the original schedule. The mere assertion that more time is needed for discovery or negotiation, without more, will not usually constitute good cause.

Continuance motions filed after the Case Schedule deadline will be granted only upon extraordinary circumstances with no alternative means of preventing a substantial injustice.

Parties should also heed the deadline to move for a trial continuance as set forth in the Case Schedule. Local Civil Rule 40(e)(2) provides that motions filed after that deadline "will not be granted except under extraordinary circumstances where there is no alternative means of preventing a substantial injustice." The motion should demonstrate this standard is met, otherwise it will likely be denied.

A moving party who elects not to proceed with a motion must immediately notify the court to strike the hearing under KCLCR 7(b)(4)(H).

If the moving party elects for any reason not to proceed with the motion, that party shall notify the court to strike the hearing immediately, per KCLCR 7(b)(4)(H).

If parties anticipate a trial continuance, they must first file the continuance before seeking a later motion hearing date.

If parties anticipate a continuance of the trial to a later date, first file a continuance to accommodate a later motion hearing date.

A pre-trial omnibus continuance is scheduled by first setting the new trial date, from which the new omnibus hearing (held at 1:00 p.m. Monday-Thursday) and the expiration date (30 days after the trial date for most cases) are calculated.

The protocol for a pre-trial omnibus continuance is as follows: The dates are based on setting the new trial date and then calculating the new pre-trial omnibus hearing and expiration date from there. Pre-trial omnibus hearings will be at 1:00 p.m. Monday-Thursday. The expiration date will be set 30 days after the trial date (for most cases) per CrR 3.3(b)(5).

The court expects the originally set trial date to hold, with continuances allowed only for unforeseeable circumstances.

It is the expectation of the court that the date originally set for trial will be the trial date, absent unforeseeable circumstances.

Motions to shorten time should be presented to the criminal motions judge rather than another judicial officer.

Motions to shorten time should be presented to the criminal motions judge.

Trial judges must consult the Chief Criminal Judge or Chief MRJC Judge before granting a recess longer than one day.

If the trial judge finds that a case requires a recess longer than one day, the trial judge shall first consult with the Chief Criminal Judge or Chief MRJC Judge about the proposed recess.

When an attorney does not become available from another trial, staff prepares a continuance order stating the reason and presents it to the Chief Criminal or Chief MRJC Judge for signature.

If the attorney does not conclude another trial and become available, a Criminal Department staff member will prepare an order continuing trial, stating the reason for the continuance, and present the order to the Chief Criminal Judge or Chief MRJC Judge for signature.

If a defendant is arrested on a bench warrant issued at sentencing, defense counsel may contact the sentencing court or the Sentencing Coordinator to reschedule the hearing.

If the defendant is arrested on the bench warrant, defense counsel may contact the sentencing court or the Sentencing Coordinator to reschedule the hearing.

When a sentencing is continued, the assigned judge keeps the case and the hearing should be reset to that judge's next Friday afternoon sentencing calendar or an 8:30 a.m., 1:00 p.m., or 4:00 p.m. setting.

When a sentencing is continued, the assigned judge will keep the case. The sentencing should be continued to that judge's next scheduled Friday afternoon sentencing calendar or to an 8:30 a.m., 1:00 p.m., or 4:00 p.m. setting.

The court should avoid continuing sentencings of in-custody defendants to Friday afternoons unless that court already has a scheduled Friday sentencing calendar, due to DAJD Court Detail staffing demands.

Due to the staffing demands on DAJD Court Detail on most Friday afternoons, the court should avoid continuing the sentencing of in-custody defendant to Friday afternoons when that court does not already have a scheduled sentencing calendar.

Parties must inform the court as soon as possible of any potential conflict or scheduling issue.

Any party having a potential conflict or scheduling issue should inform the court as soon as possible.

Parties seeking a trial continuance in civil cases must review and comply with LCR 40(e).

The parties should review and comply with LCR 40(e).

Stipulated or agreed motions to continue trial may be submitted on a two-court-day calendar under LCR 7(b)(4)(H).

Stipulations or agreed motions may be submitted on a two-court-day calendar pursuant to LCR 7(b)(4)(H).

Timely trial continuance motions are granted on good cause and must be accompanied by a declaration describing the nature of the case, completed discovery and trial preparation, remaining work, and why the case could not be completed within the original case schedule.

The Court grants timely motions to continue trial based on good cause. The motion should be accompanied by a declaration as to the nature of the case, the discovery and trial preparation that have been completed, what remains to be accomplished, and an explanation of why the case could not be completed within the original case schedule.

A bare assertion that more time is needed for discovery or negotiation, without more, is insufficient to support a trial continuance.

The assertion that more time is needed for discovery or negotiation, without more, is insufficient.

Even agreed continuance motions must include a basic showing satisfying the applicable standard.

Even when a motion for a continuance is agreed, the parties should make a basic showing that satisfies the applicable standard.

A continued sentencing hearing will be heard at a later date by the judge to whom the sentencing was originally assigned.

When a sentencing hearing is continued, it will be heard at a later date by the judge to whom the sentencing was originally assigned.

Each party normally gets two 20-minute segments to question the entire panel, and the court will consider a request for an additional segment.

Unless the Court rules otherwise, each party may inquire of the entire panel for the predetermined length of time, typically 2 rounds of 20 minutes each segment. Each party is normally allowed two segments, but if anyone feels additional time is necessary, the court will consider a request for an additional segment.