(Memorandum of Authorities and Affidavits Required.)

  1. Moving Party/Parties. The moving party shall serve and file, with his or her motion, a brief written statement of the motion and a brief memorandum containing reasons and citations of the authorities on which he or she relies. If the motion requires the consideration of facts not appearing of record, he or she shall also serve and file copies of all affidavits and photographic or other documentary evidence he or she intends to present in support of the motion. If the motion relies on facts in documents of record, the motion shall identify the document(s) and the date of filing of each document so identified. The motion shall be contained in a separate document from the Note for Motion Docket addressed hereinbelow. Bench copies shall be submitted as provided in Local General Rule
  2. Counsel Fees. Appointed counsel submitting motions for fixing or payment of fees and counsel requesting that the Court fix fees in any other case (except for temporary fees in domestic relation cases) should itemize their time, services rendered, or other detailed basis for the fees requested and attach a copy thereof to the motion.
  3. Action Required by Clerk.  All documents filed with the Clerk, other than a note for motion or trial docket which require any action (other than filing) by the Clerk shall contain a motion in the caption specifying the nature of the document the words: “Clerk’s Action Required.”
  4. Document Format. Documents prepared for a judge’s signature must contain at least two (2) lines of text on the signature page.
  5. Hearing of Motion Calendar. Note for Motion Docket. Any attorney desiring to bring any issue of law on for Hearing shall file with the Clerk and serve on all opposing counsel, not later than twenty-one (21) calendar days prior to the day on which the attorney desires it to be heard, a note for the motion docket which shall contain the title of the court, the cause number, a brief title of the cause, the date when the same shall be heard, the words “Note for Motion Docket,” the name or names of each attorney involved in the matter, the nature of the motion, and by whom made. It shall be subscribed by the attorney filing the same and shall bear the designation of whom the attorney represents. The foregoing provisions shall not prohibit the hearing of written and/or oral emergency motions at the discretion of the Court on any docket.
    • Over Ten (10) Minutes for Hearing. If the moving party expects the motion to take more than ten (10) minutes to argue by all sides collectively, the movant shall designate on the note for motion docket that the matter is “over 10 minutes.”
  6. Removal of Motion. If the note for motion docket, the motion and supporting factual materials and memorandum are not served and filed as detailed in any rules, the Court may strike the same from the calendar.
  7. Service of Notice. The motion will not be heard unless there is proof of service of notice upon the attorney for the opposing party, or the opposing party if proceeding pro se, or there is an admission of service by opposing counsel or the opposing party if proceeding pro se in the file.
    • Continuance or Striking of Noted Motions by Parties. A matter noted on the motion docket may be continued pursuant to the following:
      1. The moving party may strike or continue a motion at any time without cause with adequate notice to the opposing parties. Sanctions may be imposed if the opposing party’s appearance at the hearing could have been avoided through due diligence of the moving party.
      2. Upon a showing of cause, the Court, in its discretion, may grant the non-moving party’s request for a continuance.
      3. The party striking any matter may give notice to the non-moving parties by any means reasonably likely to provide actual notice. The clerk may be notified either by written notice or by e-mail notification. Notice to the Franklin County Clerk may be emailed to the following address: civilclerk@co.franklin.wa.us for civil cases. Notice to the Benton County Clerk may be emailed to the following address: clerk@co.benton.wa.us.
    • If the matter is stricken and the moving party desires a hearing, a new note for motion docket must be filed with the Clerk. Except for matters continued in open court, a new note for docket is required for motions that are continued.
  8. Calling Docket, Priority for Pro Bono Counsel. The causes on the civil docket for each motion day will be called in order, and the moving party, if no one appears in opposition, may take the order moved for upon proper proof of notice, unless the Court shall deem it unauthorized. In order to encourage participation in pro bono legal representation, all motions, where one or both parties are represented by pro bono counsel, shall, at the request of the pro bono attorney, be given priority on the docket. Such priority shall be given without any reference as to the reason why.
  9. Continuances by the Court. Any motion or hearing may be continued by the Court to a subsequent motion day or set down by the Court for hearing at another specified time, and the Court may alter the order of hearing as may be necessary to expedite the business of court.
  10. Frivolous Motions. Upon hearing any motion, if the Court is of the opinion that such motion is frivolous, or upon granting a continuance of any matter, terms may be imposed by the Court against the party filing such motion, or against the party at whose instance such continuance is granted.
  11. Decisions Without Oral Argument. Upon agreement of the parties, or at the Court’s discretion, a motion may be determined without oral argument. Matters may be noted for decision without oral argument only on the dates and times established for regular calendars. The moving party shall certify in the note for docket that every party has consented to determination without oral argument.
  12. Discovery Motions. The Court will not entertain any Motion or objection with respect to Rules 26, 27, 30, 31, 33, 34, 35 or 36, Civil Rules for Superior Court unless it affirmatively appears that counsel have met and conferred with respect thereto. Counsel for the moving or objecting party shall arrange such a conference. If the Court finds that counsel for any party, upon whom a Motion for an objection with respect to matters covered by such rules is served, willfully refused to meet and confer, or having met, willfully refused or fails to confer in good faith, the Court may take appropriate action to encourage future good faith compliance. In the event of an emergency, the Court will entertain Motion objections which would otherwise be required by the above process.

ENTRY OF JUDGMENT

  1. Timing. Judgments and Orders to be Filed Forthwith. Any order, judgment or decree which has been signed by the Court shall not be taken from the courthouse but must be filed forthwith by the attorney obtaining it with the Clerk's Office or with the clerk in the courtroom. If signed outside the courthouse, the attorney procuring the order shall deliver or mail it to the appropriate Clerk the same day, or file it by the next judicial day.
  2. Settlement. Upon settlement of any action, a judgment of dismissal shall be entered forthwith.
  3. Effective Time. Effective on Filing in Clerk's Office. Judgments, orders and decrees shall be effective from the time of filing in the Clerk's Office, unless filed in accordance with CR 5(e). Not to be Entered Until Signed. The Clerk will enter no judgment or decree until the same has been signed by the Judge.

[Updated October 7, 2024]