Washington General Form of a Motion of Plaintiff and Notice to Defendant of Hearing on Motion

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Multi-State
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US-01056BG
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Description

A motion is an application to a judge or court requesting a specific order directing performance of an act for the benefit of the applicant. Generally, where there is a procedural defect in a proceeding, a motion is an appropriate remedy. However, it is usually used to obtain relief not available through other pleadings. An order is a direction by a judge or court that certain actions should or should not be performed, and is usually, although not always, made in response to a party's motion.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

(1) A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena. RULE 45 - Washington State Courts wa.gov ? pdf ? SUP_CR_45_00_00 wa.gov ? pdf ? SUP_CR_45_00_00

Any civil action shall be dismissed, without prejudice, for want of prosecution whenever the plaintiff, counterclaimant, cross claimant, or third party plaintiff neglects to note the action for trial or hearing within 1 year after any issue of law or fact has been joined, unless the failure to bring the same on for ... RULE 41 - Washington State Courts wa.gov ? pdf ? SUP_CR_41_00_00 wa.gov ? pdf ? SUP_CR_41_00_00

In Washington, you personally serve papers by having someone 18 or older and of sound mind deliver them to the recipient. The person effecting service cannot be you. It doesn't need to be a professional process server though. For example, a friend can do it.

(a) Use of Depositions. (1) Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of deponent as a witness or for any purpose permitted by the Rules of Evidence.

If the party has appeared before the motion is filed, the party may respond to the pleading or otherwise defend at any time before the hearing on the motion. If the party has not appeared before the motion is filed the party may not respond to the pleading nor otherwise defend without leave of court. RULE 55 - Washington State Courts wa.gov ? pdf ? SUP_CR_55_00_00 wa.gov ? pdf ? SUP_CR_55_00_00

No agreement or consent between parties or attorneys in respect to the proceedings in a cause, the purport of which is disputed, will be regarded by the court unless the same shall have been made and assented to in open court on the record, or entered in the minutes, or unless the evidence thereof shall be in writing ... CR 2A wa.gov ? court_rules ? pdf wa.gov ? court_rules ? pdf

A pleading may state as a cross claim any claim by one party against a coparty arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein or relating to any property that is the subject matter of the original action.

Oral argument on civil motions, including family law motions, may be heard by conference telephone call in the discretion of the court. The expense of the call shall be shared equally by the parties unless the court directs otherwise in the ruling or decision on the motion.

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Washington General Form of a Motion of Plaintiff and Notice to Defendant of Hearing on Motion