How Do You Ask the Superior Court for Something?
First Things, First
You cannot simply walk into the Courthouse and go talk to a Judge.
It’s also not as simple as filling out one form and dropping it off.
And there is no simple checklist that addresses the requirements for every motion – for the simple reason that there are too many variables. Law is complex and each situation is different.
Asking the Court for something is a process – one that is governed by State and Local Court Rules, as well as local court procedures. It takes time and care.
Why is it so complicated? All of these rules and procedures are in place so that the process is as fair as possible to all parties involved.
So How Do I Do It, Then?
Well, here is a very rough, general overview:
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You make your request by filing a document called a motion with the court. This is the mechanism for asking the court for something. (More information on forms can be found below.)
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But when you file a motion, you also need to file a (proposed) order. This is the thing that you’re asking for. YOU fill this out – so if the Judge or Commissioner agrees with your request, they can simply sign the order that you wrote, and it becomes effective. (Or they might make changes to it, etc.)
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You will likely need to submit evidence to the court. You can do this by filing something called a declaration. This lets you swear under penalty of perjury that the evidence you’re submitting is true and accurate.
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Critically, you also need to schedule a time for a Judge or Commissioner to consider your motion. (More information below.) If you don’t schedule a time for it to be considered, nothing will happen.
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In MOST cases, you will have to serve your motion paperwork on the other party. Court rules require that the other party be given enough time to respond. (See Civil Rule (CR) 5, Local Civil Rule (LCR) 7 (for King County) and the scheduling section below for timing.)
What Rules Govern the Process?
As mentioned, the process is largely governed by State Court Rules (that apply statewide) and Local Court Rules (that are unique to each county) – most importantly, the rules of civil procedure.
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There are other kinds of rules that may come into play in different circumstances (e.g., Local Family Law Rules for family law cases), but here are a few of the more important motion-related rules:
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State civil rules of procedure (CR) – especially:
- CR 5 – “Service and Filing of Pleadings and Other Papers”
- CR 6 – “Time”
- CR 7 – “Pleadings Allowed; Form of Motions”
- CR 43 – “Taking of Testimony”
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Local civil rules of procedure (LCR) – especially:
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Procedures established by the King County Superior Court Clerk – for example, those for the Ex Parte/Probate Department.
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It’s impossible to predict every relevant rule for all circumstances – there are too many variables. Talk to an attorney, if at all possible. Regardless, YOU are responsible for complying with the rules.
When Do I Schedule my Motion?
Scheduling can be a little tricky, as it depends on who will be considering your motion.–
If it is regular civil case (non-family law), then you probably schedule it with the bailiff of the judge assigned to your case.–
Family law motions are scheduled on the Family Law Calendar.
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Certain motions can be scheduled on the “Ex Parte” calendar.
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Generally speaking, if the rules do require that you give notice to the other party, you need to give them this much advanced notice before the motion is considered:
The Forms that you use to schedule (or “Note”) your motion for hearing by a judge or commissioner can be found HERE.
Where Can I Find Forms?
It’s important to remember: there is NOT a form for everything! You will likely hear that you should “go get the form for…” This is very misleading – law is far too complex for there to be a form for everything.
The State has created “pattern” (required) forms for many common Family Law matters, but for most non-family law issues, you will likely have to type the form yourself.
These pattern forms can sometimes be used as a basis for creating other forms by opening them in a word processor and changing them to say what you need. (But again – YOU are responsible for making sure they say the right thing.)
Here are links to some motion-related family law pattern forms in Microsoft Word format:
- Motion (FL All Family 181) – this is HOW you ask the court for something.
- Order (FL All Family 182) – this is WHAT you’re asking the court for.
- Declaration (FL All Family 135) – used for submitting evidence.
- King County Notice of Court Date forms
The King County Notice of Court Date forms – for indicating when your motion will be considered – can be found HERE.
If yours is a family law case, the King County Family Law Facilitators have a wide variety of instruction sets – with links to the required forms – for accomplishing many tasks.
The Law Library has also created packet with forms and detailed instructions for filing a motion in a civil case with an assigned judge – which can be found HERE.
Where Do I File my Paperwork?
You file your paperwork with the clerk of the court where your case is being heard.
The King County Superior Court Clerk’s office has three locations where you can file in person.
You can also electronically file your paperwork using their E-Filing system.
King County District Court information can be found HERE.
More Resources
KCLL Form Packet
Drafted by an attorney, this packet contains forms and instructions for filing a motion in a civil case that is to be heard by the assigned judge in a King County.
King County Family Law Instructions
The King County Family Law Facilitators have created detailed instructions – with links to all the forms you’ll need – for asking a family law court for an order.
Library Books
Civil Procedure Deskbook (Ch’s 7-16)
Washington Practice Civil Procedure Forms and Commentary (Rules 7-16)
Motions Videos
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