[WSBARP] King County "Emergency" calendar vs Motion for Order Shortening Time

[Eric Nelsen]

This is deep in the weeds in King County procedure. I'm trying to figure out why if you set a hearing on the 1:30 Ex Parte "emergency motion" calendar, and you give short notice to the defendant, means that you don't have to file a separate Motion for Order Shortening Time.

I am seeking a preliminary injunction in a civil case. I needed a temporary restraining order entered asap, but I was able to give the defendant about four calendar days' notice of the hearing. To set this up, I filed:

Motion for Preliminary Injunction and set it for hearing in front of the assigned judge-in September, which was first available date on the judge's calendar. (Preliminary injunction would last until resolution at trial.)
Motion for Temporary Restraining Order and set it for hearing on the 1:30 "emergency" motions calendar in Ex Parte, with about four days' notice to the defendant. (TRO fills the gap between now and when motion for preliminary injunction is resolved.)
Motion for Order Shortening Time (to hear the Motion for TRO) and set it for hearing at the same time as the Motion for TRO.

LCR 65(b) says set the Motion for TRO in Ex Parte, not the assigned judge. But before requesting it, you have to get a hearing date on the preliminary injunction set before the assigned judge. Fine-I did that.
LCR 7(b)(10) says Motion for Order Shortening Time will be granted for "good cause," but you must give as much notice as you can, minimum two judicial days "except in emergency situations."

I had my hearing on the TRO today, and commissioner signed the TRO. I asked about the Order Shortening Time, and the commissioner said, "why would I sign that-this is the emergency calendar."

Is there some rule I'm missing, that completely exempts motions set on the "emergency" calendar from the 9-court-day notice rule? For the emergency calendar, are you to give as much advance notice as you can, whether it's none or an hour or six days, and you can just go for it and ignore LCR 7 and not have to specifically have a finding of "good cause" to hear the motion on short notice?

If that's true, then when is there ever a circumstance where a Motion for Order Shortening Time is necessary?

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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