KITSAP COUNTY LOCAL COURT RULES

Rule 54

VII Judgment

RULE 54. JUDGMENT AND COSTS

(g) Attorney Fees.

     (1) Itemization. Counsel requesting that the court fix or determine the reasonableness of fees, or order payment of fees in any case, shall itemize the time expended, services rendered, or other detailed bases for the fees requested and attach a copy thereof to the request.

     (2) Temporary Attorney Fees. The following temporary attorney fees are guidelines in domestic relations cases: $1,500.00 to the Petitioner, and $1,250.00 to the Respondent if a parenting plan is required; $1,000.00 to the Petitioner and $500.00 to the Respondent if no parenting plan is required.  The court also has discretion to award taxable costs. 

RULE 59. NEW TRIAL, RECONSIDERATION, AMENDMENT OF JUDGMENTS AND MOTIONS FOR REVISION

(b) Motion for Reconsideration; Time for Motion; Contents of Motion. A motion for reconsideration shall be filed, noted, and served on all parties and the trial judge not later than ten (10) days after entry of the judgment, decree, or order. The motion shall be noted on the trial judge’s departmental motion docket to be heard not sooner than thirty (30) but not later than forty (40) days after entry of the judgment, decree, or order, unless the court directs otherwise. The bench copy shall be delivered to the trial judge’s law clerk at the Superior Court office and shall contain the date the judgment, decree, or order was entered, and the names and addresses of opposing counsel.

(e) Hearing on Motion for Reconsideration. A motion for reconsideration shall be submitted on briefs and affidavits of the moving party only. No response shall be submitted by the opposing party, nor shall oral argument be heard, unless the court so directs. The court shall notify the parties, not later than ten (10) days before the hearing, whether: (1) the motion has been denied and the hearing stricken; or (2) oral argument and/or responsive pleadings will be allowed.

(k) Motions for Revision. A motion to revise a court commissioner’s decision under RCW 2.24.050 shall be noted on the Presiding Domestic Relation Judge’s departmental calendar.

(l) Collateral Attack Upon Criminal Judgment.

     (1) Filing. A collateral attack upon a criminal judgment and sentence, whether entitled a motion to withdraw guilty plea, a motion to arrest judgment, a motion for new trial, a motion for relief from judgment or order, a motion to vacate, or a habeas corpus petition, shall be filed with the clerk, who shall forward one copy each to the Criminal Motions Judge’s law clerk and the Prosecuting Attorney. Any such collateral attack shall be filed no more than one (1) year after the judgment becomes final unless the collateral attack is based solely on one or more of the grounds listed in RCW 10.73.100. The collateral attack shall be submitted on briefs and affidavits of the moving party only, without response by the State.

     (2) Disposition. Not later than twenty (20) days after the filing of the collateral attack, the Criminal Motions Judge shall:

          (A) deny the motion, or
          (B) transfer the motion to the court of appeals for consideration as a personal restraint petition, or
          (C) order the State to file a written response within twenty (20) days.

     (3) Response by State. If the State is ordered to respond, the Court shall, within twenty (20) days of the filing of the State’s response, determine whether the motion may be resolved on the submissions of the parties, or whether an evidentiary hearing is required.

     (4) Evidentiary Hearing. If an evidentiary hearing is required, the Court shall require the State to note a hearing on the criminal motions calendar (Friday, 9:00 a.m.), and arrange for the transportation of the defendant, within thirty (30) days.