KITSAP COUNTY LOCAL COURT RULES

Rule 77

Rule 78

Rule 79

RULE 77. SUPERIOR COURTS AND JUDICIAL OFFICERS

(d) Superior Court Always Open. Court will be in session, unless otherwise ordered, on all judicial days, except Saturday. Court hours will be from 9:00 a.m. to 12:00 noon and from 1:30 p.m. to 4:30 p.m., except for those ex parte departments commencing at 8:30 a.m.

(f) Sessions. There shall be one continuous session of court from January 1 through December 31 of each year.

(k) Motion Day - Local Rules.
     (1) Departmental Matters. Departmental matters will be heard on Fridays at 1:30 p.m.

     (2) Civil Matters. Probate, guardianship and civil motions in cases which are not preassigned to a specific judge will be heard on Fridays beginning at 9:00 a.m. Civil matters in cases which have been preassigned shall be heard on that judge’s departmental calendar on Fridays at 1:30 p.m.

     (3) Criminal Matters. The Criminal Motion Schedule shall be as follows:

(4) Ex Parte Matters. Noncriminal ex parte matters shall be heard Monday through Friday at 8:30 a.m. and 3:30 p.m. [See KCLCR 77(k)(9)(C).]

(5) Domestic Relations Matters.

     (A) Settlement Conferences. Settlement conferences may be heard Monday through Thursday at 9:00 a.m., Monday through Wednesday at 1:30 p.m., or such other times as set by the court. [See KCLCR 16(c)(1).]
     (B) Continuances. Matters for continuances in domestic relations cases shall be made in writing to be heard by the presiding domestic relations judge.
     (C) Pro Se Dissolutions. Pro se dissolutions will be heard at 1:30 p.m. on Tuesday.
     (D) Domestic Violence. Domestic violence matters will be heard at 1:30 p.m. on Thursday.
     (E) Temporary Relief. Show cause hearings and motions for temporary relief will be heard on Fridays beginning at 9:00 a.m. [See KCLSPR 94.04(a)(2).]
     (F) Support Modification. All support modifications, including applications for Post Secondary Support, shall be heard by affidavit on Tuesday at 11:00 a.m. as set by the Court Scheduler.  Each side shall be limited to ten (10) minutes.  Arguments requiring greater than ten (10) minutes per side shall be specially set by the Court Scheduler upon application of a party.

(6) Adoptions & Paternities. Any adoptions requiring notice, including pro se adoptions, will be heard on Tuesday at 11:00 a.m. All other adoptions may be heard on any Ex Parte Calendar except Friday. [See KCLSPR 93.04.] The Paternity Calendar shall be heard on Monday at 9:00 a.m.

(7) State Initiated Child Support Cases. State of Washington initiated child support cases including support modifications and paternities shall be heard on Monday at 9:00 a.m.

(8) Trial Settings. Trial setting dockets shall be every Friday at 9:00 a.m. [See KCLCR 40(b)(1).]

(9) Minor Settlements. Petitions for settlement of the claims of minors shall be heard at 9:00 a.m. on Friday on the Probate Motions Calendar, except cases which are preassigned shall be heard on that judge’s departmental calendar on Friday at 1:30 p.m. [See KCLSPR 98.16.]

(10) Hearing of Motions.

     (A) Mandatory Confirmations. All civil (except unlawful detainer actions; Rule 12(b)(6); and, Rule 56 motions), domestic relations, probate, adoptions and departmental motions which are to be pursued must be confirmed in person, by telephoning the Superior Court at (360) 337-7140 (Option #2), or by Email at supcourtconfirm@co.kitsap.wa.us  no later than 12:00 noon of the court day before the hearings, but no earlier than forty-eight (48) hours in advance. Civil Rule 12(b)(6) and Rule 56 motions which are to be pursued must be confirmed in person, by telephoning the Superior Court at 360-337-7140 (option 2), or by e-mail at supcourtconfirm@co.kitsap.wa.us no later than 12:00 noon two court days before hearings, but no earlier than 72 hours in advance. The Superior Court does not require confirmation of unlawful detainer actions filed under RCW Title 59.  Matters not confirmed may not be pursued. (For confirmation of settlement conferences, see KCLCR 16(c)(3).)
     (B) Hearing of Calendars.
          (i) Calling of Calendar. The causes on the Civil Calendar and Domestic Relations Calendar for each motion day will be called in order, oldest causes first.
         (ii) Noting of Calendar Matters. Notes for motion calendars shall be filed in the Clerk’s Office by 4:30 p.m. on the fifth judicial day preceding the calendar on which hearing is requested and should be substantially in the form found in Exhibit D.
          (iii) Failure of Party to Appear. If no one appears in opposition to a duly noted motion, the court may grant the relief requested upon proper proof of notice. If no one appears for a motion, it will be stricken.
(iv) Continuances of Motions. Counsel, by agreement, may continue any noncriminal motion by executing a notice of continuance, signed by at least one attorney. Forms are available in the courtroom. (See Exhibit J.) Criminal motions shall only be continued with the consent of the criminal motions judge. Continuances shall not be granted by telephone. Summary judgment motions which have been confirmed shall not be continued without the Civil Calendar or preassigned judge’s approval.
          (v) Time Allowed for Argument. Each side shall be limited to ten (10) minutes. Argument requiring more than twenty (20) minutes total time may be placed by the judge or court commissioner at the end of the calendar.
If the court desires to hear further arguments after expiration of twenty (20) minutes, the matter may be placed in order at the end of the calendar for further argument or continued to a specified date.
          (vi) Telephonic Appearances. Personal appearances are required unless prior arrangements are made to appear telephonically. Telephonic appearances shall be limited to emergency circumstances only, unless otherwise ordered by a judge. Failure to make timely arrangements to appear telephonically may result in a required personal appearance. Authorization for telephonic appearance on a prior hearing does not automatically result in telephonic appearances at future proceedings. Each appearance requires a separate request.

Any party or attorney seeking authorization to appear telephonically shall contact the Court Scheduler at (360) 337-7008 no later than 12:00 noon on the day before the scheduled appearance. The party requesting a telephonic appearance will be required to provide notice to the opposing party regarding the telephonic appearance. The party requesting a telephonic appearance will be required to call the main court reception line, at (360) 337-7140, at the date and time set for hearing, to be connected with the appropriate courtroom.

Parties are required to call-in promptly at the time set for hearing, but may be required to call back at a later time to accommodate the court’s schedule.

     (C) Hearing of Ex Parte Matters.

          (i) Scope. This rule applies to all temporary restraining orders, orders to show cause, and all other ex parte matters. It includes all criminal matters except dismissal at end of probation.
          (ii) Notice to Opposing Counsel or Party. Unless notice is specifically excluded by statute, no ex parte order shall be presented without notice to opposing counsel or opposing party if appearing without counsel. If counsel for any party, or a party, has appeared either formally or informally, notice is required. If necessary, notice may be by telephone. This rule applies regardless of whether service is required on the attorney or a party pursuant to CR 5(b)(4).
         (iii) Reapplication for Order. [See KCLCR 7(b)(1)(A).]
         (iv) Court File. Counsel or a party is responsible for obtaining the court file when presenting ex parte matters, except for agreed orders other than domestic relations decrees.