Ex Parte

Ex Parte in the Courtroom Process

The procedure for ex parte  has changed in both Benton and Franklin Counties on a permanent basis as follows:

WebEx is NOT available for Ex Parte in either county.  If you have an Unlawful Detainer (UD) matter please see:   Unlawful Detainers Information

Different Features of the Ex Parte Docket Between the Counties:

1. The Benton County docket will begin at 1:30 p.m. each day and will conclude at 3:30 p.m.  The Franklin County docket will begin at 1:00 p.m. daily and will conclude at 1:30 p.m.  
2. The Benton County courtroom will be open to the parties starting at 1:15 p.m.

Common Features of Ex Parte Docket in Both Counties:

1. There will be no change in the scope and nature of the matters that can properly be presented on the docket, this is a procedural and not a substantive change.  Therefore, the ex parte docket is not a substitute for a regular docket, and no pleas and/or sentencings will be addressed, and change of custody based only on a clear showing of present danger to a child per Motions for Immediate Orders process outlined on the court's website.  
2. Any matter that a party wishes to have considered on the docket (other than requests for Protection Orders) must be placed in the ex parte box in the courtroom no later than the concluding time stated above.
3. After placing the matter a party wishes to have considered in the ex parte box (which will be clearly marked and placed within arms reach of the clerk), the party should take a seat on the benches.  After review, the Clerk will either announce that the matter has been signed, or the Judge will call the party forward if the Judge has questions.
4. Copies of orders that are approved will be conformed by the Clerk.  Copy requests of signed documents from the docket need to be made in the normal copy request process.  Copies of documents may not be available for purchase until the next business day.  Parties are encouraged to bring conforming copies if they need copies immediately.
5. A party wishing the Court to consider a request for a Protection Order after the docket concluding times stated above must have all of the required paperwork for the Court to consider the request completed and provided to the Clerk of the Court no later 4:00 p.m.  Incomplete or late submissions will be returned to the party and may be resubmitted under the same guidelines the following day. 
6. The presentment of required orders and findings on expiring 72-hour holds will be permitted outside of the hours of the ex parte docket.

For the courtroom assignment, please check the daily schedule

Judicial Resolution 17-002

BENTON & FRANKLIN COUNTIES SUPERIOR COURT

JUDICIAL RESOLUTION NO. 17-002

PROCESSES FOR EX PARTE TO AVOID DISQUALIFIED JUDGES FROM CONSIDERING MATTERS

Recognizing the recent increase in the frequency of the filing of affidavits of prejudice against judicial officers pursuant to RCW 4.12.040 and 4.12.050, and the Court’s ethical obligation to implement policies and procedures that will eliminate the possibility that a judge against whom an affidavit of prejudice has been filed from inadvertently signing orders presented ex parte, the Court hereby adopts the following:

Requirement for Attorney Attestation Regarding the Filing of Affidavits of Prejudice at Presentment of Orders Ex Parte:  Every request for an order ex parte presented by an attorney shall be accompanied by an attestation regarding whether or not any an affidavit of prejudice has been filed against any judicial officer, substantially in the form attached hereto, and signed by the attorney presenting the matter.  The forms will be available to attorneys and litigants at the Court Administration window and on the court’s website.  Upon request, Court Administration will send the electronic forms to any attorneys requesting the same.

Requirement for Pro Se Litigant Attestation Regarding the Filing of Affidavits of Prejudice at Presentment of Orders Ex Parte:  Every request for an order ex parte presented by an pro se litigant shall be accompanied by an attestation regarding whether or not any an affidavit of prejudice has been filed against any judicial officer, substantially in the form attached hereto, and signed by the pro se litigant presenting the matter. The forms will be available to attorneys and litigants at the Court Administration window and on the court’s website. Upon request, Court Administration will send the electronic forms to any pro se litigants requesting the same.

Requirement for Clerk Attestation Regarding the Filing of Affidavits of Prejudice at Presentment of orders ex parte:  The clerks of the Benton and Franklin Counties Superior Court shall make a notation on all case file jackets, and in the case management software, of all affidavits of prejudice that have been filed in every case.   Every request for an order ex parte presented by the clerks shall include notification of whether or not any an affidavit of prejudice has been filed against any judicial officer.  The clerks may satisfy this requirement by either (1) attaching an attestation, signed by the clerk or deputy clerk, substantially in the form attached hereto; (2) by attaching the request for an ex parte order to the case file, which has been properly annotated with all affidavits of prejudice that have been filed in the case; or (3) presenting the order ex parte through case management software where the judicial officer can personally verify whether or not an affidavit of prejudice has been filed.  The clerk may, but need not, present an ex parte matter where the originating attorney or litigant failed to attach the attestation.

Attestations will not be a pleading filed with the clerk.  Attestations may either be a separate quarter sheet, attached to the proposed order, or may be printed or stamped on the order on the same page as the signature line for the judicial officer.  Attestations on separate sheets will be returned to the attorney or litigant.  Attestations will be based upon the best knowledge and belief of the attorney or litigant.

This resolution shall supersede and replace all prior directions from the Court in conflict with this order.

[Updated 7/9/2025]