Thurston County Superior Court, Washington Pre-Motion Conference Requirements

CRITICAL

Contested family law cases not governed by LSPR 94.05(b) must complete alternative dispute resolution as scheduled, unless the court waives it for good cause, before the case is set for pretrial conference and trial setting.

All contested family law cases not otherwise subject to LSPR 94.05(b) shall be subject to mandatory alternative dispute resolution which shall be completed as set forth in the court’s Case Schedule Order unless waived by the court for good cause shown. The case must be at issue and alternative dispute resolution completed or waived by court order prior to the case being set for pretrial conference and trial setting pursuant to LSPR 94.03E(b).

CRITICAL

The motion, briefs, and supporting documents must be filed before the motion is noted for hearing.

Motions may not be noted for a hearing before filing the motion, briefs, and all supporting documents.

CRITICAL

A party seeking a TRO must either regularly schedule the matter on the assigned judge’s civil motion calendar or present a written ex parte motion under LCR 7.

A party seeking a temporary restraining order (TRO) shall either regularly schedule the matter on the assigned judge’s civil motion calendar or present a written motion ex parte as provided in LCR 7.

CRITICAL

CR 12(b)(6) motions must be scheduled on the dispositive motion calendar at least 28 days before the hearing and follow the LCR 56 briefing schedule, whether or not matters outside the pleadings are presented.

(A) Motions made under CR 12(b)(6) shall be scheduled on the court’s dispositive motion calendar at least 28 days before the hearing date and shall follow the briefing schedule set forth in LCR 56, regardless of whether the moving party presents matters outside the pleadings to support the motion.

CRITICAL

Motions for judgment on the pleadings must be scheduled on the dispositive motion calendar at least 28 days before the hearing and follow the LCR 56 briefing schedule, whether or not matters outside the pleadings are presented.

(1) Motions for judgment on the pleadings shall be scheduled on the court’s dispositive motion calendar at least 28 days before the hearing date and shall follow the briefing schedule set forth in LCR 56, regardless of whether the moving party presents matters outside the pleadings to support the motion.

CRITICAL

For reconsideration motions, a response may be filed only if the court requests one, is due within five court days of the request unless the court sets another schedule, and may be followed by a reply within two court days of service.

No response to a motion for reconsideration shall be filed unless requested by the court. The court will not grant a motion for reconsideration before requesting a response from the non-moving party. The response must be filed within five court days of the court’s request unless the court directs a different briefing schedule. (C) If a response is requested by the court and filed by a non-moving party, the moving party may file a reply within two court days of service of the response.

CRITICAL

A motion and any declarations must be filed before the motion is scheduled for hearing.

Motions may not be scheduled for a hearing before filing the motion and any declarations.

WARNING

For review hearings set by court order, parties may file response and reply pleadings within the time frames referenced in subsections (2) and (3), subject to the referenced page limits.

(4) For review hearings set by court order (including, but not limited to Guardian ad Litem reports, mediation, spousal maintenance, noncompliance, etc.), the parties may file response and reply pleadings in the time frames as set forth in subsections (2) and (3) above. The page limits for submissions shall be as set forth in section (d) below and LGALR 5.1(d).

WARNING

Oral argument and testimony outside the pleadings are not heard on civil ex parte motions.

Oral argument and testimony outside the pleadings is not heard on civil ex parte motions.

WARNING

Parties anticipating cross-motions are encouraged to agree on a briefing schedule and submit it for court approval by stipulated motion and proposed order.

Parties anticipating filing cross motions are encouraged to agree on a briefing schedule and to submit it to the court for approval through a stipulated motion and proposed order.

WARNINGCivil cases

Civil motions are heard on the Friday civil motion calendar and with oral argument unless the court or rules direct otherwise.

Civil motions are heard by the assigned judge on a Friday civil motion calendar unless the court or rules direct otherwise. Motions scheduled on the civil motion calendar are heard with oral argument, unless otherwise directed by the court.

INFO

The judicial officer may decide the matter based on the moving party’s submitted documents or schedule it for a hearing.

The matter may be decided based on documents submitted by the moving party if deemed appropriate by the judicial officer, or may be scheduled for hearing.

INFO

Agreed motions may be presented ex parte.

Agreed motions may be presented ex parte.

INFO

The court may strike the hearing and decide a motion for reconsideration without oral argument.

The court may strike the hearing and decide the motion without oral argument.