Many of our judges, including me, receive many inquiries about the scope of responsibilities of the Ex Parte and Probate Department. This column is devoted to unveiling the mysteries of the Ex Parte and Probate Department to those who rarely venture there.
The Ex Parte Department provides a wide variety of services to the bar and public. Some of these functions are uniquely set before the commissioners; others are provided as a convenient method of entering orders or judgments without having to note it on a judge’s calendar. It is a special department of Superior Court assigned responsibility under the Local Rules for certain short matters and emergency, temporary or unopposed motions. Last year, the Ex Parte Department processed approximately 70,000 civil orders (including divorces, adoptions and evictions).
As a general rule, two commissioners sit in Ex Parte/Probate in the downtown King County Courthouse in Seattle, in Room W-325. One commissioner sits at the Norm Maleng Regional Justice Center in Kent, in Room 1J. Calendar dates and times are shown on the Court’s website for the Ex Parte Department at http://www.kingcounty.gov/courts/SuperiorCourt/civil/exparte.aspx.
The following civil matters are assigned to the Ex Parte and Probate Department:
Unopposed Matters: These include any agreed order or any order that does not require notice to any other party, interested person or entity, and does not require the approval of the assigned judge or is not reserved to any other calendar by any statute, court rule or court order.1
Motions for Orders to Show Cause and Temporary Restraining Orders. For cases where the return on the order to show cause is before the assigned trial court, the moving party must obtain a return date for a hearing from the staff of the assigned trial court prior to appearing in the Ex Parte Department to obtain the order setting the hearing. See LR (7)(b)(8). For all cases where the return on the order to show cause is not before the assigned judge, but rather is to be set before a regularly scheduled calendar, such as family law motions, the chief civil judge or other dedicated calendar, the moving party must select the return date and identify the proper calendar prior to presenting the order to the Ex Parte Department.
Ex parte temporary restraining orders seeking relief pending a hearing on show cause may be presented along with the motion to show cause. The department considers both truly ex parte applications and applications made on very short notice to the opposing party and does conduct contested emergency contested hearings. The department also is assigned motions to quash or modify ex parte TROs.
Unlawful Detainer Actions. The initial hearing on an eviction, whether it is under the Residential Landlord-Tenant Act, Mobile Home Act or the general eviction statute for commercial tenancies, is set at the regularly scheduled hearing time of 9:00 a.m. in the Ex Parte Department by an order to show cause. Contested proceedings may be referred by the commissioner to the clerk, who will issue a 30-day trial date with a case schedule and assignment of the case to a judge. Any motion seeking to stay a writ of restitution or to vacate a judgment also is presented in Ex Parte.
Guardianships, Probates and Other Matters under Title 11 RCW. All proceedings brought under Title 11, which include but are not limited to guardianships, probates, actions related to powers of attorney, trusts and TEDRA matters, are set at the regularly scheduled hearing time of 10:30 a.m. on the guardianship and probate calendar in the Ex Parte Department. Contested proceedings may be referred by the commissioner to the clerk, who will issue a 60-day trial date with a case schedule and assignment of the case to a judge.
Settlements of Claims Involving Incapacitated Adults or Minors. Motions to approve or disapprove the settlement of a claim on behalf of a minor or incapacitated adult pursuant to SPR 98.16 are set on the 10:30 a.m. guardianship and probate calendar in the Ex Parte Department.
Adoption Proceedings. Matters other than confidential intermediary petitions, which are assigned to the Judges Sealed-File Committee, are scheduled on the ex parte calendar for 9:00 a.m. or 1:30 p.m. in Seattle and 1:30 p.m. at the Regional Justice Center. Contested proceedings may be referred by the commissioner to the clerk, who will issue a 90-day trial date with a case schedule and assignment of the case to a judge.2
Family Law Agreed and Default Decrees. These matters are presented by attorneys at any time the department is open and by pro se litigants at 1:30 p.m. on the regularly scheduled pro se dissolution calendar. The pro se decrees must be noted at least 14 days in advance to give court staff adequate time to review the file for readiness.
Orders for Domestic Violence Protection. Ex parte motions for temporary protection orders effective for up to 14 days are presented in the Ex Parte Department. Final hearings are set on the domestic violence calendar in the Family Law Department at 9:00 a.m. any morning, with at least five court days advance notice to the respondent, but no order may last for a period greater than 14 calendar days.
Anti-harassment and Sexual Assault Protection Order Petitions. Motions for temporary protection orders are presented in the Ex Parte Department. Such orders may be in effect up to 14 days and must be served on the respondent at least five court days prior to presentation. The return hearing is set for the anti-harassment calendar in Seattle on Tuesday each week at 8:30 a.m. and in Kent on Monday at 9:30 a.m.
Receivership Proceedings. If the petition is a new action and not part of an underlying proceeding, the initial hearings are set in the Ex Parte Department. Contested proceedings may be referred by the commissioner to the clerk, who will issue a trial date and a case schedule, and will assign the case to a judge.
Vulnerable Adult Petitions. Requests for both ex parte temporary orders and final hearings are heard in the Ex Parte Department. The restraining order setting the hearing must be served on the respondent at least six court days before the hearing and cannot be in effect for more than 14 days.
Writs of Pre-judgment Garnishment, Attachment, Replevin, Restitution and Assistance.3 Under LR 40(b)(2)(R), initial writ applications shall be presented to the Ex Parte Department for approval, if no notice is required, as well as motions to obtain an order setting a hearing before the assigned (IC) judge or the chief civil judge, as specified in the local rule.
In Forma Pauperis Motions. The department hears matters where the party is seeking a waiver of the initial filing fee, but not requests for any fee waiver after the matter is filed. All other applications to waive fees are directed to the assigned judge or to the Chief Civil Department.
The department also hears the following matters:
- Marriage age waiver petitions;
- Petitions for emancipation of a minor;
- Judgments on arbitration awards on notice to the other parties;4
- Orders to remove a non-ECR file from the clerk’s office;
- Motions to access sealed files except in adoption and juvenile court matters (LR 77);
- Orders vacating a dismissal of any civil case also combined with a final dispositive order;5
- Perpetuate testimony and receive stipulations of settlements;6
- Civil orders submitted to the clerk by mail; and
- Such other matters as are assigned to the Ex Parte and Probate Department by the presiding judge.
There also are common misconceptions about what Ex Parte does not hear:
a. Ex Parte does not hear civil motions in pending cases, default motions where notice is required, orders sealing any files or file documents, orders required to be signed by other departments or in juvenile court, or the mental illness calendar.
b. Ex Parte does not enter orders vacating judgments or defaults where there is not also an accompanying dispositive order.
c. The Department also is not permitted to enter orders changing any requirement in a case schedule, even by agreement.
d. Ex Parte is not the place to present an order that is issued from a hearing by another department or judge.
e. Discovery motions are heard by the assigned judge in all cases except those specifically assigned to Ex Parte.
f. Once matters are assigned from Ex Parte to a judge, all further proceedings should be heard by that judge unless specifically ordered otherwise.
g. No orders sealing files can be signed by the Ex Parte Department unless the proceeding is originally assigned to Ex Parte and then only pursuant to relevant case law and court rule.
Revisions from a commissioner’s decision must be sought pursuant to King County Local Rule 7(b)(7) and RCW § 2.24.050. Please note that if a judge is sitting in the Ex Parte Department, there is no right of revision from the judge’s order.
More information on the Ex Parte and Probate Department can be found on the Court’s website at: http://www.kingcounty.gov/courts/SuperiorCourt/civil/exparte.aspx.
Many thanks to Commissioners Eric Watness and Carlos Velategui for their assistance in helping prepare this outline.
News from the Arbitration Department
After nearly 21 years of administering the King County Superior Court Mandatory Arbitration Department, Manager Joan Zatkovich has recently retired. Joan’s last day working for King County was February 1.
During Joan’s tenure, she presented a regular section of the King County Bar Association/King County Superior Court Clerk’s CLE Program, was a regular guest lecturer for the local community college paralegal programs, and had presented the program to various visiting members of the international legal community. Joan was an associate member of the ADR section of the American Bar Association and served on the Arbitration Committee of the Dispute Resolution Section of the Washington State Bar Association.
1 These matters may alternatively be set before the individually-calendared (IC) judge on that judge’s calendar.
2 See note 1.
3 This does not include writs of habeas corpus and extraordinary writs, including writs of review, coram nobis, mandamus, prohibition and certiorari.
4 These matters may alternatively be set before the chief civil judge on the chief civil motions calendar on Tuesdays/Wednesdays at 1:30 p.m.
5 See note 1.
6 See note 1.