Ex Parte via the Clerk - King County, Washington (2024)

Ex Parte via the Clerk (EPVC) Matters

To determine if a court matter must be heard in the Ex Parte and Probate Department, review Local Civil Rule 40.1. If yes:

  • Read the Ex Parte Motions and Hearing Manual(updated 12-24-2015) to learn the rules, procedures, costs and timelines.
  • View the Ex Parte Master Listto determine if your matter must be presented via the Clerk or in-person by a case participant.

EPVC Service

Fees

  • A $30.00 presentation fee is applied to all EPVC submissions.
  • For a $70.00 expedited presentation fee, the Clerk will present your materials to the Ex Parte Department within fifteen (15) minutes of receipt.
  • You may apply to the Clerk's office for a fee waiver.

Submissions

  • Up to five proposed orders may be included with each EPVC submission.
  • The court case file is not reviewed. All supporting documents necessary for the Court to decide the issue must be provided, including but not limited to copies of all documents (e.g., Affidavits of Service) that are referenced in the proposed order.

EPVC Frequently Asked Questions

Generally, the clerk will present documents that are agreed, do not require testimony, are not of an emergent nature and do not impact the trial schedule or involve discovery. New or reopened probate matters may be presented either by the parties or by the clerk. For more specific information about which documents are to be presented by the clerk and which can be presented by the parties, review the Motions and Hearings Manual and the Ex Parte Master List.

Matters that will not be accepted for presentation via EPVC include the following:

  • Matters noted for a hearing
  • Working Copies for a noted hearing (see eWorking Copies)
  • Matters with oral argument
  • Orders that impact the trial schedule
  • Matters that involve discovery
  • Parenting plans
  • Orders confirming binding Arbitration that are not stipulated
  • All Temporary Restraining Orders

Certain documents may be presented directly to the Ex Parte and Probate Department by the case parties. Anti-harassment, domestic violence, sexual assault and vulnerable adult protection orders, and restraining orders shall be presented in person. Additionally, orders requiring testimony and child custody and parenting plan orders shall be presented in person. New or reopened probate matters may either be presented in person or by the clerk. For more specific information about which documents are to be presented by the clerk and which can be presented by the parties, review the Motions and Hearings Manual and the Ex Parte Master List.

No. For those matters that are noted for a hearing before Ex Parte, you are expected to appear for the hearing. You may submit working copies electronically to the Commissioner through the Clerk's eFiling application eWorking Copies submission process or you may drop off a paper copy in the Judges' mailroom at the location of your noted hearing.

No, if submitted electronically the clerk will provide you with one conformed copy of each signed order. If you are submitting your documents by mail or in person, please provide additional copies to be conformed.

You can request expedited service (additional $40.00) and clerk's office staff will, within fifteen minutes of receipt, present your materials to the Ex Parte Department. The judicial officer will consider the expedited matter(s) immediately upon completion of their in-process matter. Generally, expedited Ex Parte via the Clerk matters will be available to the submitter within an hour.

Fee waivers are available if payment of the presentation fee would cause a financial hardship. To learn more about qualifying for a fee waiver, contact the Clerk's Office by calling 206-477-0848 in Seattle or 206-477-3047 in Kent. You may also inquire about fee waivers in person at any Clerk's Office location.

Stipulations and Proposed Orders need to be submitted separately. In the Clerk's eFiling application Ex Parte via the Clerk submission process, stipulations with original signatures can be uploaded as a .pdf within the “Add Additional Documents” tab. Please refer to GR 30 for the appropriate use of /S/ in lieu of a signature. If the Stipulation has not been filed, verify that the “e-file me” box is checked. Proposed orders should be uploaded as a WORD (.doc or .docx) file within the “Proposed Order” tab. Another option is to deliver the Stipulation and Proposed Order to the Clerk’s Office in hard copy for presentation to the ExParte Department.

Yes. The eFiling Ex Parte via the Clerk component includes a shopping cart functionality that allows you to include multiple cases within one submission. This also enables you to incur the King County eCommerce transaction fee ($1.49 for internet check and $2.49 for credit card) only once.

If a motion is denied, the judicial officer will enter a minute order that will include the reason for the denial. This minute order will also contain instructions on how you may proceed, if applicable. You may then resubmit a corrected order as instructed by the Court. You must include a copy of the Minute Order when you resubmit your documents.

The clerk presents orders to the Ex Parte and Probate Department only. Questions on how to present orders to be signed by an Individual Calendar Judge should be directed to the Court's Bailiff.

You may present your application in person or send it to the Clerk's Office by mail. Writs of garnishment are not accepted electronically at this time.

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Ex Parte via the Clerk (EPVC)

The King County Superior Court Ex Parte and Probate Department has adopted policy and procedures for the presentation of ex parte matters in Local Civil Rule 40.1.

LCR 40.1

Ex Parte via the Clerk - King County, Washington (2024)

FAQs

How do I contact King County ex parte department? ›

If you are the moving party and are striking a motion, please call or email the Ex Parte Coordinator at 206-477-2517 or scexparteorders@kingcounty.gov and provide the cause number, case name, date and time of hearing, and whether you are re-noting the matter and would like working papers to be moved.

What is an ex parte order in Washington state? ›

An ex parte action is a judicial action on the behalf of one party, without notice to or contestation by any person adversely interested. Such an action may take place on or off the bench, but does not necessarily result in a signed order.

What is ex parte communication in Washington state? ›

Rule 2.9 - Ex Parte Communications (A) A judge shall not initiate, permit, or consider ex parte communications, or consider other communications made to the judge outside the presence of the parties or their lawyers, concerning a pending* or impending matter,* before that judge's court except as follows: (1) When ...

What does it mean ex parte notice? ›

An ex parte presentation is a communication, written or oral, directed to the merits or outcome of a proceeding that, if written, is not served on all the parties to a proceeding, and if oral, is made without giving all the parties to the proceeding advance notice and an opportunity for them to be present.

How do you win an ex parte hearing? ›

Strategies to Win an Ex Parte Hearing
  1. Crafting a clear and compelling argument involves summarizing your points succinctly while making sure they're rooted in fact.
  2. Demonstrating immediate risk or harm necessitates concrete evidence—this could range from text messages showing threats to photographs of physical injuries.
May 5, 2024

What is ex parte order? ›

In civil procedure, ex parte is used to refer to motions for orders that can be granted without waiting for a response from the other side. Generally, these are orders that are only in place until further hearings can be held, such as a temporary restraining order.

What are examples of ex parte? ›

Some examples of ex parte orders are orders that:
  • Prevent the other party from taking a child out of the country or state.
  • Prevent the other party from destroying property.
  • Prevent the other party from removing assets in a divorce proceeding.
  • Require the other party to stay away and not harass you.

What does it mean to communicate ex parte? ›

"Ex parte" is a Latin phrase meaning "on one side only; by or for one party." An ex parte communication occurs when a party to a case, or someone involved with a party, talks or writes to or otherwise communicates directly with the judge about the issues in the case without the other parties' knowledge.

How do you respond to ex parte communication? ›

If You Have Been Noticed of an Ex Parte Hearing

You will need to make yourself available by telephone at the time of the noticed hearing and a couple of hours after the noticed time, in case the Judge has questions for you. You are not required to file a Response to the Ex Parte request.

Why is ex parte important? ›

To Prevent Personal Injury: Ex parte orders are typically granted on an emergency basis where those orders are necessary to prevent imminent and irreparable physical injury to an adult. To Prevent Financial Harm: Ex parte orders are typically requested where significant financial injury is imminent and irreparable.

What does it mean to proceed ex parte? ›

In English law and its derivatives, namely Australian, New Zealand, Canadian, South African, Indian, and U.S. legal doctrines, ex parte means a legal proceeding brought by one party in the absence of and without representation of or notification to the other party.

What distinguishes a noticed motion from an ex parte application? ›

Instead, what really distinguishes ex parte applications from noticed motions is that they permit drastically shortened notice. A typical motion in California requires at least 16 court days notice per Code of Civil Procedure section 1005.

How do I get a letter of testamentary in King County? ›

Obtaining Letters Testamentary

You want the Commissioner to appoint you as personal representative of the estate and sign an order requiring the Court Clerk to issue you Letters Testamentary.

How do I get an order to show cause in King County Superior Court? ›

Orders to Show Cause

All Motions for Show Cause shall be presented Ex Parte via the Clerk. Prior to submitting the Show Cause motion, parties must first reserve an available date on the Ex Parte Scheduling Website.

What is a show cause order in Washington state? ›

Show cause orders instruct parties to “show cause” why the court should decide in their favor on a motion. More accurately, a show cause order instructs a party to appear at a hearing and show cause why the court should not grant a motion another party filed. Many of the most complicated motions are by show cause.

How do I find a probate case in Washington state? ›

There are several ways to find out whether probate has been filed in Washington. You can: File a Washington superior courts case search online by entering Case Type: Probate/Guardianship. Call the Superior Court Clerk's Office of your county and ask.

References

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