King County Superior Court Document Filing Requirements

CRITICALCivil cases

Applies to

Proposed order

A proposed order in substantially the following format should also be provided to the Court in Word format at least five court days prior to trial.

A proposed order in substantially the following format should also be provided to the Court in Word format at least five court days prior to trial.

CRITICAL

Applies to

Motion to shorten time

A motion for shortened time requires the underlying motion to be noted in the regular course plus a separate motion to shorten time.

When a party wishes to request that the court consider a motion on shortened time, the underlying motion must be noted in the regular course, and a separate motion to shorten time submitted as well.

CRITICAL

Applies to

Working papers

If a party would like to request oral argument, the motion should be noted pursuant to the applicable court rules, with "ORAL ARGUMENT REQUESTED" noted in the upper right-hand corner of the working papers. If, after reviewing all briefing, the Court determines oral argument is appropriate, the bailiff will contact the parties and set a mutually acceptable time for oral argument.

If a party would like to request oral argument, the motion should be noted pursuant to the applicable court rules, with "ORAL ARGUMENT REQUESTED" noted in the upper right-hand corner of the working papers. If, after reviewing all briefing, the Court determines oral argument is appropriate, the bailiff will contact the parties and set a mutually acceptable time for oral argument.

CRITICAL

Applies to

Motion

Must include

proposed order

A filed motion must be accompanied by a working copy of the motion and a Word version of the proposed order for the judge.

When a motion is filed with the Court, a copy of the motion along with a word version of the proposed order you wish the judge to sign is required as a “working copy” for the judge.

CRITICAL

Applies to

Notice of court date

The hearing-requesting party must file the motion and affidavits separately together with the notice.

Party requesting hearing must file motion & affidavits separately along with this notice.

CRITICAL

Applies to

Sentencing memorandum

The court will not proceed with a scheduled sentencing hearing unless it has received sentencing memoranda from both the State and the Defense.

Judge Robertson will not proceed with a pre-scheduled sentencing hearing unless a memorandum on sentencing has been received from both State and Defense.

CRITICAL

Applies to

Criminal department manual

Pro se defendants must be given a copy of the Criminal Department Manual.

Pro se defendants shall receive a copy of the Criminal Department Manual.

CRITICAL

Applies to

Motion re bail or conditions of release

If a request to address bail or other condition of release is made at arraignment, a subsequent motion should set forth a change of circumstances. Upon receipt of such a motion, the court will determine whether a subsequent bond hearing will be set.

If a request to address bail or other condition of release is made at arraignment, a subsequent motion should set forth a change of circumstances. Upon receipt of such a motion, the court will determine whether a subsequent bond hearing will be set.

CRITICAL

Applies to

Certification of compliance

Public defenders practicing in adult criminal and juvenile offender cases must file a certification of compliance with the courts under the Standards for Indigent Defense Services.

The Washington Supreme Court adopted Standards for Indigent Defense Services which mandate the filing of a certification of compliance with the courts by public defenders practicing in adult criminal and juvenile offender case types.

CRITICAL

Applies to

Proposed order to seal

The proposed order to seal must bear the submitted date; omission may result in the clerk not sealing the documents despite an order to seal.

The date of the proposed order to seal will have two dates: submitted date and date OPD signs it. The submitted date for the order must be on the order to seal. Failure to do so may result in the clerk not sealing the documents in spite of an order to seal.

CRITICAL

Applies to

Omnibus hearing order

Must include

proposed order

Before the trial track Omnibus Hearing, counsel must meet, prepare a proposed Omnibus Hearing Order, identify unresolved motions to be heard at trial, and exchange any additional discovery.

Prior to the trial track Omnibus Hearing date, counsel shall meet, prepare a proposed Omnibus Hearing order, identify unresolved motions to be heard at trial, and exchange any additional discovery.

CRITICAL

Applies to

Findings of fact and conclusions of law

Counsel moving for an exceptional sentence must prepare Findings of Fact and Conclusions of Law and submit them to the sentencing judge and opposing counsel with the pre-sentence report.

Prepare Findings of Fact and Conclusions of Law supporting the exceptional sentence and submit them to the sentencing judge and opposing counsel with the pre-sentence report;

CRITICAL

Applies to

Agreed certificate of trial readiness

The Certificate of Trial Readiness should be completed and signed by the parties, filed with the clerk's office and copy provided to the Criminal Department Supervisor of the respective courthouse of the case's designation. Readiness should be submitted to the court no later than the close of business one week prior to the date the case is scheduled for trial.

The Certificate of Trial Readiness should be completed and signed by the parties, filed with the clerk's office and copy provided to the Criminal Department Supervisor of the respective courthouse of the case's designation. Readiness should be submitted to the court no later than the close of business one week prior to the date the case is scheduled for trial.

CRITICAL

Applies to

Waiver of appearance

At pre-trial omnibus hearings the defendant must appear in person, remotely, or through counsel, and to appear through counsel counsel must provide a signed waiver or affirm the defendant's preference to appear through counsel.

For pre-trial omnibus hearings, the defendant must either appear in- person, remotely, or through counsel. To appear through counsel, counsel must provide a waiver signed by the Defendant or counsel must affirm that the Defendant prefers to appear through counsel.

CRITICAL

Applies to

Order on omnibus hearing

The Omnibus Hearing Order must substantially follow the form specified in CrR 4.5(h) and must be signed by the court.

The Omnibus Hearing Order shall be in substantially the same form as specified in CrR 4.5(h). The order shall be signed by the court.

CRITICAL

Applies to

Request for services at public expense

A retained counsel's request for expert services at public expense must be accompanied by the retainer agreement and a sworn declaration of the defendant's assets, income and liabilities.

When retained counsel seeks appointment of expert services at public expense, the request to DPD shall be accompanied by the retainer agreement between counsel and defendant or between counsel and any party to the agreement, and a sworn declaration setting forth defendant’s assets, income and liabilities.

CRITICAL

Applies to

Bond hearing

Counsel must provide the court with the certification for determination of probable cause, Prosecutor bail request, criminal history, and the Court Services pretrial release interview form at every bond hearing.

At a bond hearing, counsel must provide the court with the certification for determination of probable cause, Prosecutor bail request, criminal history, and the Court Services pretrial release interview form.

CRITICAL

Applies to

Plea scheduling email

Your scheduling email should include: • Defendant’s name • Case number • Charges Defendant is pleading to • Charges being dismissed, if any • If the plea is a credit for time served (CFTS) resolution • If the plea is a Barr/Zhao or Alford plea • At least three dates and times (9:00 AM or 1:00 PM) that the attorney is available

Your scheduling email should include: • Defendant’s name • Case number • Charges Defendant is pleading to • Charges being dismissed, if any • If the plea is a credit for time served (CFTS) resolution • If the plea is a Barr/Zhao or Alford plea • At least three dates and times (9:00 AM or 1:00 PM) that the attorney is available

CRITICAL

Applies to

Expedited motion scheduling request

Must include

case number

To set an expedited motion, the party must provide the case name, cause number, prosecutor and defense attorneys' names, and the type of motion.

The following information is needed to set an expedited motion: • The case name • Cause number • Prosecutor and defense attorneys' names • The type of motion

CRITICAL

Applies to

Omnibus hearing

Must include

proposed order

Parties must propose an Omnibus Hearing Order at the Omnibus Hearing.

The parties shall propose an Omnibus Hearing Order at the Omnibus Hearing.

CRITICAL

Applies to

Material witness certificate

An out-of-state witness certificate must state the facts on which it is based and specify the number of days the witness will be required to attend.

It shall state the facts upon which the certificate is based and specify the number of days the witness will be required to attend.

CRITICAL

Applies to

Certification of defense counsel

Attorneys must submit one Supreme Court certification of defense counsel per quarter.

Per the standard, attorneys are to submit one certificate per quarter.

CRITICAL

Applies to

Criminal motion scheduling request

Must include

case number

To set a criminal motion, the party must provide the case name, cause number, prosecutor and defense attorneys' names, custody status, trial date, expiration date, UCN (if defendant is in custody), and the type and length of the motion.

The following information is needed to set a criminal motion: • The case name • Cause number • Prosecutor and defense attorneys’ names • Custody status • Trial date • Expiration date • The Uniform Control Number (UCN) if defendant is in custody • Type and length of motion

CRITICAL

Applies to

Omnibus hearing

Counsel must certify on the record at the Omnibus Hearing that the trial date will be met and that no foreseeable issues will lead to future continuance requests.

Counsel will certify, on the record, that the trial date will be met and that no foreseeable issues will result in future requests for a continuance of the trial date.

CRITICAL

Applies to

Note for criminal motion

The moving party must file a Note for Criminal Motion to set a criminal motion.

The moving party must file a Note for Criminal Motion and must provide notice to opposing counsel.

CRITICAL

Applies to

Plea paperwork

Counsel must email the plea coordinator confirming client review of plea paperwork before receiving a plea date.

Prior to receiving a plea date, counsel must affirm that they have reviewed plea paperwork with their client via e-mail confirmation to the plea coordinator.

CRITICAL

Applies to

Motion for review de novo

Must include

caption

A written motion for review of a DPD denial of services must include a declaration of indigency, all documents presented to DPD, and a copy of DPD's denial and indigency documents.

Should the request for services be denied in whole or in part for any reason, defendant may move for review de novo before the Chief Criminal Judge or Chief MRJC Judge, in accordance with LCrR 3.1. Such a motion shall be in writing, and shall include a declaration of indigency; appointment of counsel does not establish indigency per se. The motion shall also include all documents that were presented to DPD and a copy of DPD's denial and documents regarding indigency.

CRITICAL

Applies to

Proposed order to seal

The document name in the proposed order to seal must exactly match the document name in the caption and the date submitted, or the clerk will not seal the document and it will be filed unsealed.

When submitting a proposed order sealing documents, counsel must assure that the name of the document contained in the proposed order to seal and a proposed protective order, if any, must exactly match the name of the document in the caption and the date submitted; the clerk will not seal a document without an exact matching title; the document will be filed unsealed.

CRITICAL

Applies to

Motion for pre assignment

A party seeking pre-assignment of a case must do so by written motion accompanied by a declaration (the court may also pre-assign on its own motion).

The Chief Criminal Judge and Chief MRJC Judge may pre-assign a case to a judge for pretrial management and/or for trial, on motion by a party (written motion and declaration) or on the court's own motion.

CRITICAL

Applies to

Order authorizing expert services

Must include

proposed order

Trial judges may authorize expert services up to $250 per expert only upon demonstrated urgency, and the authorizing order must be submitted to DPD.

Trial judges can authorize expert services during a trial up to a maximum of $250 per individual expert. Authorization for these services will be granted only if the urgency of the request is demonstrated. The judge's order authorizing expert services at public expense must be submitted to DPD

CRITICAL

Applies to

Order on omnibus hearing

An Order on Omnibus Hearing must be entered at the conclusion of the Omnibus Hearing memorializing counsel's agreements and the court's rulings.

At the conclusion of the Omnibus Hearing, an Order on Omnibus Hearing shall be entered memorializing the agreements of counsel and the rulings of the court.

CRITICAL

Applies to

Presentence report

Presentence reports are required in all felony cases and requested in misdemeanors, and must be submitted to the Court and filed.

Per LCrR 7.1 Presentence reports are required on all felony cases and requested on all misdemeanors. Please submit your presentence reports to the Court and file them.

CRITICAL

Applies to

Criminal motion response

Responses are mandatory on all criminal motions and must be submitted in accordance with LCR 7(b).

Responses are required on all criminal motions and should be submitted in accordance with LCR 7(b).

CRITICAL

Applies to

Motion

Must include

proposed order

All motions should be submitted with a proposed order in Word format to the Court by emailing them to the bailiff at port.court@kingcounty.gov.

All motions should be submitted with a proposed order in Word format to the Court by emailing them to the bailiff at port.court@kingcounty.gov.

CRITICAL

Applies to

Deposition

Depositions must not be marked as exhibits; originals are sealed, published in open court, and filed in the case file, while unused depositions are returned to counsel.

Depositions are not to be marked as an exhibit since they become part of the court file. Originals should be sealed and published in open court in front of the jury, and when they are used for impeachment of testimony (the clerk opening the original that is sealed), the original deposition will be filed in the case file and not treated as an exhibit. Depositions that are not used (a.k.a. "published") are not filed and returned to counsel. Exhibits to the deposition may be marked as exhibits in evidence.

CRITICAL

Applies to

Motion

All civil motions, including stipulated motions, must be noted pursuant to LCR 7(b) and filed with the clerk.

All motions, including stipulated motions, must be noted pursuant to LCR 7(b) and filed with the clerk.

CRITICAL

Applies to

Working copy

Must include

judge name

Working copies should have the judge's name and the date and time of the hearing in the upper right-hand corner of the first page of the motion.

Working copies should have the judge's name and the date and time of the hearing in the upper right-hand corner of the first page of the motion.

CRITICAL

Applies to

Working copy

Must include

proposed order

All working copies should also include a proposed order(s) in Word format; the Court will accept proposed order(s) in Word format via email with all parties copied on that email and appreciates updated versions of the proposed order that take into account all documentation filed regarding the pending motion.

All working copies should also include a proposed order(s) in Word format; the Court will accept proposed order(s) in Word format via email with all parties copied on that email and appreciates updated versions of the proposed order that take into account all documentation filed regarding the pending motion.

CRITICAL

Applies to

Proposed order

Must include

proposed order

A Word version of all proposed orders is required and may be submitted via the e-filing portal/e-working copies application or by email to wilson.court@kingcounty.gov.

Parties must submit a Word version of all proposed orders. You may submit your proposed order via the e-filing portal by using the e-working copies application, or by email to wilson.court@kingcounty.gov.

CRITICAL

Applies to

Oral argument scheduling email

Must include

case number

Oral argument scheduling emails must include the case name, case number, opposing counsel's name, and any approaching deadlines if time sensitive and applicable.

Include the case name, number, and name of opposing counsel, and any deadlines that may be approaching if time sensitive and applicable.

CRITICALCivil cases

Applies to

Motion or opposition

A party requesting oral argument must put “ORAL ARGUMENT REQUESTED” on the front page of its motion or opposition.

The Court or a party in the case may request oral argument. If you wish to request oral argument, please include "ORAL ARGUMENT REQUESTED" on the front page of your motion or opposition.

CRITICALCivil cases

Applies to

Hearing request email

Must include

case number

An email requesting a motion hearing with oral argument must identify the case, known counsel or pro se party contact details, and the hearing type and requested dates.

Any email request for a motion with oral argument hearing must include: Case name and cause number Names, phone numbers and email addresses of all counsel or pro se party, if known Type of hearing and dates requested

CRITICALCivil cases

Applies to

Notice striking hearing

If the moving party will not proceed, it must immediately notify the court to strike the hearing and file a Notice Striking Hearing.

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) and file a Notice Striking Hearing in the court file.

CRITICALCivil cases

Applies to

Joint statement of evidence

Trial will not begin unless all parties have signed the Joint Statement of Evidence.

The trial will not begin without a Joint Statement signed by all parties. Local Civil Rule 4(k).

CRITICALCivil cases

At the end of each trial day, counsel and parties must be prepared to disclose the witnesses they intend to call the next day.

Judge Whedbee requires all counsel and parties to be prepared at the end of each day to disclose all witnesses that party is intending to call the following day in trial.

CRITICALCivil cases

Applies to

Proposed order

Must include

proposed order

All parties must provide proposed orders in MS Word format at least one day before the scheduled hearing.

All parties must provide any proposed orders to the court in MS Word format at least 1 day prior to your scheduled hearing.

CRITICAL

Applies to

Dispositive motion hearing request

Must include

caption, case number

Email requests for a dispositive motion hearing must include the case number and caption in the subject line, the names, phone numbers, and email addresses of all counsel and parties, and the nature of the motion.

Any request for a dispositive motion hearing must be emailed to the court and include at minimum: Case number and caption in the subject line Names, phone numbers and email addresses of all counsel and parties Nature of motion

CRITICAL

Applies to

Witness examination time form

All parties and counsel must jointly complete the Witness Examination Time Form and submit it with the pretrial memoranda five court days before trial.

In addition, Judge Vargas requires all parties and counsel to work together to complete the Witness Examination Time Form (188KB), and that form must be submitted together with other pretrial memoranda five court days prior to trial.

CRITICAL

Applies to

Deposition designations

Deposition designations and objections intended for use at trial must be marked according to the court's provided guidelines.

If the parties intend to use depositions in trial, designations and objections shall be marked according to the guidelines provided here.