A order was pronounced by a commissioner, and the other party is filing a motion for revision of commissioner's order. It was filed at the King County Superior court, however I was not properly served, was emailed by the opposing counsel's office, when is my deadline for my reply, and is that even allow by the court, can I file a counter motion with my reply? what CAN I do?
You should respond if only to bring the court’s attention to improper service thereby flagging the issue with the court. Otherwise, a non-response may result in an adverse ruling or the court’s inability to consider anything from you other than what was supplied to the commissioner at the underlying hearing. You should also consult with an attorney, and provide that attorney with everything that you and the other party supplied at the underlying hearing , the order of the court from that hearing, and the other side’s documents for the motion for revision.
Key statutes and court rules in King County regarding motions for revision are set forth below:
The statute regarding revisions is RCW 2.24.050: http://apps.leg.wa.gov/RCW/default.aspx?cite=2.24.050
King County Superior Court local rule 7, paragraph 8, governs motions for revisions, and reads in pertinent part as follows:
(8) Motions for Revision of a Commissioner’s Order. For all cases except juvenile and involuntary treatment proceedings:
(A) A motion for revision of a commissioner’s order shall be served and filed within 10 days of entry of the written order, as provided in RCW 2.24.050, along with a written notice of hearing that gives the other parties at least six days notice of the time, date and place of the hearing on the motion for revision. The motion shall identify the error claimed.
(B) A hearing on a motion for revision of a commissioner’s order shall be scheduled within 21 days of entry of the commissioner’s order, unless the assigned Judge or, for unassigned cases, the Chief Civil Judge, orders otherwise.
(i) For cases assigned to an individual Judge, the time and date for the hearing shall be scheduled in advance with the staff of the assigned Judge.
(ii) For cases not assigned to an individual Judge, the hearing shall be scheduled by the Chief Civil Department for Seattle case assignment area cases. For Kent case assignment area cases, the hearing shall be scheduled by the Maleng Regional Justice Center Chief Judge. For family law cases involving children the hearing shall be scheduled by the Chief Unified Family Court Judge.
(iii) All motions for revision of a commissioner’s order shall be based on the written materials and evidence submitted to the commissioner, including documents and pleadings in the court file. The moving party shall provide the assigned judge a working copy of all materials submitted to the commissioner in support of and in opposition to the motion, as well as a copy of the electronic recording, if the motion before the commissioner was recorded. Oral arguments on motions to revise shall be limited to 10 minutes per side. Working copies shall be submitted pursuant to the requirements of LCR 7(b).
(iv) The commissioner’s written order shall remain in effect pending the hearing on revision unless ordered otherwise by the assigned Judge, or, for unassigned cases, the Chief Judge.
(v) The party seeking revision shall, at least 5 days before the hearing, deliver to the assigned judge or Chief Judge working copies of the motion, notice of hearing, and copies of all documents submitted by all parties to the commissioner, pursuant to LCR 7(b).
(vi) For cases in which a timely motion for reconsideration of the commissioner’s order has been filed, the time for filing a motion for revision of the commissioner’s order shall commence on the date of the filing of the commissioner’s written order of judgment on reconsideration
Karen C. Skantze practices in the State of Washington. The response is limited to her understanding of law in the jurisdiction in which she practices and not to any other jurisdiction. No response to any posted inquiry shall constitute legal advice, nor the existence of an attorney/client relationship.