2.1.11

Handout #10- Motion for Summary Judgment

Also- please staple pleadings, complaint on top.
-2 or 3 well plead causes of action is sufficient

Look over Depositions & Discovery rules CR 26-37

CR 7- Pleadings, State defers to Local Rules for pleadings and motions
King County- 14th largest country in the US
Local Rule 7- three pages long, very detailed

Local Rule 7(4)(b)(5) Motions
• 5 required sections
• 7(5)(b)(1)- specific relief
EX Florence Landis Motion
• Why aren't evidentiary documents attached? ER 201 Judicial Notice
• 7(5)(b)(6)- Page limit
• Either party may file a motion- other party Reply
• Proposed Order - draft order for motion you wish to have granted, Judge will sign.

• How many days? "Five days" = five calendar days, "five court days"= five court days
• "one week" = what does that mean? go to website, call clerk, find out! (probably seven calendar days, or five court days)
• Furlough Days- courts closed due to budget cuts
• Need enough time before trial to have your motions heard

• Motion for Reconsideration KCLR 7(6)
➢ KCLR 59 anytime a judge "screws up", you can file within 10 days for motion to reconsider, which asks judge to correct mistake. Requires:
• Newly discovered evidence- something that has come to light since the judge ruled.
• And WHY you didn't have the evidence previously
• If judge finds the motion meritorious, the other side may file an opposition, do not file one automatically.

(If you can't find what you're looking for under Local Rule- Check corresponding CR)

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Motions-
• Speaking Motions- motions made during trial
• Dispositive Motions- motions that will dispose of something
• Why are motions not pleadings? Pleadings frame the issues; motions are micro-examinations of intricacies of case.
• Number of Motions is Infinite
• "Moving Party"- the party making the motion
• "Responding Party"- the other side
• Memorandum of Points & Authorities- "Memo of P's and A's"
• KCLR 7(5)(b) Form of Motion and Responsive Pleadings
➢ Combined with Memo into one document
Declaration vs. Affidavit
• Declaration- statement under penalty of perjury (most often used)
• Affidavit- notarized statement
• Filing- same as pleadings, one to court, one to opposing party, one to judge.
• Oral Arguments are becoming a rarity.
• Proposed Order Required-Bring it with you, judge can tweak if necessary.
• Notice- you can always give MORE time. Professional courtesy- dictates that you clear the date with the other party.
• Tentative Rulings- in some places, on heavily congested court days, call in phone line will let you know what Judges tentative rulings are the night before. Others will let you know day of. Intended to shorten amount of oral argument time.
• Sanctions- when you file motions/oppositions in bad faith, you will not only lose, but be sanctioned as well.
• You can file a motion for anything- EX "motion to knock it off"

• Motion to Quash also known as Special Appearance
• Motion for Summary Judgment- CR 56
➢ If, after discovery, there is no factual dispute, either party may ask Judge for SJ, as a matter of law.
• CR 56c - 28 calendar days notice required for motion,
➢ 11 days for opposition
➢ 5 days for reply
• You may set motion for summary judgment at any time at least 14 days before trial
• When would you calendar your SJ deadline? Must be finished and FILED 42 days early, calendar 90 DAYS before trial!
• CR 56- no details as to page limitations
➢ Go to Local Rules
➢ You can ask for court permission to extend page limitation
• CR 56e
➢ Summary Judgment replaces trial, pleadings not sufficient, evidence must be submitted.

Always file a Reply?
• pro- Your argument will be last in Judges mind
• con- Judges don't want reiteration of motion

Notary- being a notary is extremely useful. You should become a notary.

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Types of Motions
• Motion In Limine- Motion to limit evidence ER 403, always argued before trial.
• Motion for Judgment as a Matter of Law- mid-trial summary judgment
• Judgment Non Obstante Veredicto- JNOV Judge sets aside jury verdict and gives their own.
• Jury Nullification- Judge takes rights away from jury
• Motion for New Trial CR 59- Motion for reconsideration (many states require motion for new trial before appealing)
➢ Sometimes used as bargaining chip to force plaintiff to take less $ than awarded by jury.
➢ 10 days to file
• Motion to Tax Cost- filed by losing party to reduce cost bill.