[WSBARP] Litigator Help -- Ejectment

Paul Neumiller pneumiller at hotmail.com
Wed Jul 26 13:20:57 PDT 2023


I need to eject a homeless encampment.  I am also bringing a motion for a preliminary injunction to kick them out early but CR 65 and RCWs are unclear as to the required notice to the squatters.  I am finding no guidance on required advance notice of my motion.  CR 65 just says that no preliminary injunction shall be issued without notice to other side (absent emergency situation). And, RCW 7.40.050 says that the "opposite party" needs to have "reasonable notice of the time and place" of the hearing for the injunction.  My local court rules say I need to give 12 day's notice for a motion.  I was going to have the Sheriff serve the summons and complaint along with the motion for order for the preliminary injunction and give the squatters about 5 days advance notice but now I question if I should give the squatters 12 days advance notice.  But, if I have to wait the 12 days, I might as well as skip the preliminary injunction and bring a default or motion for summary judgement after 20 days.  What say you?


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