Judge Taki Flevaris
Individual Rules, Standing Orders & Policies
Limits & Logistics
Courtesy Copies
All filings
Court-wide- Chambers Drop Off
Deposition Designations
Court-wide- Email • As Directed In Pretrial Order
Filings >= 500 pages
Court-wide- Hand Delivery
Adjournments
- Trial continuances require a good-cause showing of diligence and need, including what preparation is complete, what remains, and why the case could not be completed on the original schedule.
- Continuance motions filed after the Case Schedule deadline will be granted only upon extraordinary circumstances with no alternative means of preventing a substantial injustice.
- Even agreed continuance motions must include a basic showing satisfying the applicable standard.
Request must include
Communication
Chambers
Document Format Requirements1 rule
The quote is in the court's document. The summary is not checked yet.Important?
Whenever possible, the proposed order should be submitted in editable Word (.doc) format, with the proponent's signature included in electronic format—whether a digitally certified signature, "s/" signature, or electronic image of the person's signature. See General Rule 30; RCW 1.80.010(10). For joint motions, signatures from each and every proponent should be included.
Summary: Proposed orders should be in editable Word (.doc) format with electronic signatures, and joint motions require signatures from every proponent.
DOCX
Document Filing Requirements22 rules
The quote is in the court's document. The summary is not checked yet.Mandatory?
Consistent with the above standard, and given that revision must be based only on the issues and evidence before the Commissioner, the motion should only: (1) provide the hearing information required by LCR 7(b)(8)(B)(iii); (2) identify the error(s) claimed; (3) specify where exactly in the record the issue was argued below; and (4) specify all evidence in the record relevant to the issue (whether in support or opposition). The Court will then determine whether or not to call for supplemental briefing or argument.
Summary: Revision motions are limited to four elements: LCR 7(b)(8)(B)(iii) hearing information, the errors claimed, where the issue was argued below, and all relevant record evidence.
Document Type
Motion For Revision
The quote is in the court's document. The summary is not checked yet.Mandatory?
The use of clear, specific citations is of utmost importance in written submissions to the Court. Parties cannot and should not rely on the Court to pore over the record to confirm their assertions. Instead, any disputed, material assertions should be supported with a particularized citation to supporting materials. This should include a specific page number, section, or paragraph for each citation. References to prior filings should be supported with particularized citation to the docket (referenced as "Dkt.," "Sub No.," or equivalent) that indicates the specific docket number and specific page (e.g., "Dkt. 1 at 22"). Any disputed or distinctive legal propositions should be supported with citation to legal authority, including a pincite (page number), and when not already apparent, a parenthetical briefly describing the holding or significance of the cited authority. Legal citations need not include parallel citation to regional reporters or the like; citation to the Washington reporter or the U.S. reporter is sufficient and preferred.
Summary: Written submissions must support disputed material assertions with particularized citations (specific page/section/paragraph), docket citations with specific docket number and page, and legal authority with pincites and parentheticals where needed.
Document Type
Written Submission
The quote is in the court's document. The summary is not checked yet.Mandatory?
The motion should NOT present further argument or factual assertions, which generally will be disregarded. The opposing party need not submit a motion to strike such extraneous information and is urged not to do so; such a motion itself will likely be struck as moot.
Summary: Revision motions must not present further argument or factual assertions (which will be disregarded), and motions to strike such extraneous material will likely be struck as moot.
Document Type
Motion For Revision
The quote is in the court's document. The summary is not checked yet.Mandatory?
All parties moving for revision of a Commissioner's order will be held to the requirement under Local Rule 7(b)(8)(A) that the motion "shall only identify the error(s) claimed."
Summary: Motions for revision of a Commissioner's order shall only identify the error(s) claimed per Local Rule 7(b)(8)(A).
Document Type
Motion For Revision
The quote is in the court's document. The summary is not checked yet.Mandatory?
Factual declarations submitted in support of motions or other briefing should meet the requirements of General Rule 13 (certification), Local Civil Rule 7(b)(5)(B) (form), and Evidence Rule 701 (lay opinion).
Summary: Factual declarations must comply with General Rule 13 (certification), Local Civil Rule 7(b)(5)(B) (form), and Evidence Rule 701 (lay opinion).
Document Type
Declaration
The quote is in the court's document. The summary is not checked yet.Mandatory?
Any request for attorney fees must specify the legal grounds for the requested award, and usually should be accompanied by a fee declaration explaining counsel's relevant experience and rates, with a log of time entries indicating tasks performed and time spent on each. The fee declaration should also indicate whether or not the time entries were created contemporaneously, and whether or not the entries have actually been or will be paid.
Summary: Attorney fee requests must specify the legal grounds and should include a fee declaration with counsel's experience and rates, a time-entry log, and whether entries were contemporaneous and paid.
Document Type
Request For Attorney Fees
The quote is in the court's document. The summary is not checked yet.Mandatory?
Parties must pay careful attention to the "meet and confer" requirement of Civil Rule 26(i). The conference must consist of contemporaneous communication, whether in-person, virtual, or by telephone. Email is not a substitute for a dialogue on disputed issues. A certification by counsel that the conference requirement has been met is required, and should set out with particularity the time, nature, and extent of the conference.
Summary: Discovery motions require a certification that the CR 26(i) meet-and-confer conference occurred, detailing its time, nature, and extent; the conference must be contemporaneous communication and email alone does not suffice.
Document Type
Discovery Motion
The quote is in the court's document. The summary is not checked yet.Important?
To promote clarity and compliance with attestation requirements, factual declarations should NOT be combined with legal argument. Instead, whatever a witness is attesting to must be set forth separately and distinctly. Legal argument should then cite (with particularity) to the attested facts in support.
Summary: Factual declarations must not be combined with legal argument; attestations must be set forth separately and legal argument must cite the attested facts with particularity.
Document Type
Declaration
The quote is in the court's document. The summary is not checked yet.Important?
Counsel for any party seeking post-sentencing relief should file a Notice of Appearance and any motion papers and submit proposed orders via Working Copies. Whenever possible, the proposed order should be submitted in editable Word (.doc) format, with the proponent's signature included in electronic format—whether a digitally certified signature, "s/" signature, or electronic image of the person's signature. See General Rule 30; RCW 1.80.010(10). For joint motions or stipulated orders, signatures from each and every proponent should be included.
Summary: Post-sentencing relief requires a Notice of Appearance, motion papers, and proposed orders via Working Copies in editable Word format with electronic signatures from all proponents.
Document Type
Post Sentencing Relief Motion
The quote is in the court's document. The summary is not checked yet.Important?
To maintain a clear and appropriate record, the motion itself should be filed separately into the docket, and the Parties' proposed order should be presented separately to this Department for review. The proposed orders should comply with the standards set forth above for such submissions.
Summary: Stipulated motions must be filed separately into the docket with the proposed order presented separately to the Department for review.
Document Type
Stipulated Motion
The quote is in the court's document. The summary is not checked yet.Important?
To promote clarity and ease of comprehension in briefing, declarations, and other written submissions, Parties and other persons should be regularly referred to by individualized name or other unique identifier rather than only generic role (e.g., "Plaintiff Smith" rather than just "Plaintiff"). Reference by first name may be necessary where the Parties share last name; this will not be taken as a sign of disrespect and no disclaimer to that effect is needed. Any person's disclosed or otherwise known personal pronouns should be respected.
Summary: Written submissions should refer to parties and other persons by individualized names or unique identifiers rather than only generic roles.
Document Type
Written Submission
The quote is in the court's document. The summary is not checked yet.Important?
Citations to the record should specify the specific docket number and page range for each portion of relevant argument or evidence (e.g., "Dkt. 12 at 15-17"), and nothing more.
Summary: Record citations in revision motions must specify the specific docket number and page range for each portion of argument or evidence, and nothing more.
Document Type
Motion For Revision
The quote is in the court's document. The summary is not checked yet.Important?
For the purpose of identifying the error(s) claimed, which is subject to de novo review, the moving party should present a single, separate concise statement for each error akin to an assignment of error on appeal. Each statement should be no more than a few sentences long.
Summary: Each claimed error must be presented as a single, separate concise statement (no more than a few sentences), akin to an assignment of error on appeal.
Document Type
Motion For Revision
The quote is in the court's document. The summary is not checked yet.Important?
Any special relief from the Court—whether in discovery or otherwise—should be sought timely via written motion with supporting materials.
Summary: Unrepresented parties must seek any special relief from the Court timely via written motion with supporting materials.
Document Type
Motion
The quote is in the court's document. The summary is not checked yet.Important?
Parties should submit proposed orders via Working Copies that make clear precisely what the Party is asking the Court to do.
Summary: Proposed orders must be submitted via Working Copies and make clear precisely what the party is asking the Court to do.
Document Type
Proposed Order
The quote is in the court's document. The summary is not checked yet.Important?
If the Parties are aware of any significant legal determinations that will need to be made at Trial (rather than leading up to the Pretrial Conference), they should raise those issues through Motions in Limine. This should take the form of a single written submission noted for consideration on the Trial Date and timely prepared, filed, served, and answered in accordance with the requirements of Local Civil Rule 7. Issues raised in this manner usually will be addressed and resolved at the outset of Trial.
Summary: Significant trial determinations should be raised through a single motion in limine submission noted for the Trial Date and handled per Local Civil Rule 7.
Document Type
Motion In Limine
The quote is in the court's document. The summary is not checked yet.Note?
The parties are also urged to include proposed word counts.
Summary: Parties are urged to include proposed word counts in stipulated cross-motion briefing schedules.
Document Type
Stipulated Briefing Schedule
The quote is in the court's document. The summary is not checked yet.Note?
If an opposing party believes the moving party's citations to the record are materially incomplete, they may file and serve a supplemental Revision Sheet with additional citations and nothing more.
Summary: Opposing parties may file and serve a supplemental Revision Sheet with additional citations (and nothing more) if the moving party's record citations are materially incomplete.
Document Type
Supplemental Revision Sheet
The quote is in the court's document. The summary is not checked yet.Note?
Consistent with General Rule 43, any and all participants in court proceedings before Department 38 are encouraged to inform the Bailiff of their personal pronouns, to indicate the same within any written submissions, and for virtual proceedings to indicate the same within their Zoom name (as Judge Flevaris does).
Summary: Participants are encouraged to indicate their personal pronouns to the Bailiff, within written submissions, and in their Zoom names.
Document Type
Written Submission
The quote is in the court's document. The summary is not checked yet.Note?
The moving party is urged to use this Department's Revision Form for the purpose of meeting the above standards. Otherwise, the Court may ask the moving party to fill out the Sheet as a supplement to their motion.
Summary: Moving parties are urged to use the Department's Revision Form; otherwise the Court may require the Sheet to be filled out as a supplement to the motion.
Document Type
Motion For Revision
The quote is in the court's document. The summary is not checked yet.Note?
Any Party may request an exception from the above standards based on a showing of need particular to the case.
Summary: Any party may request an exception from the revision-motion standards upon a showing of case-specific need.
Document Type
Motion For Revision
Not confirmed. Read the court's wording below.Mandatory?
For each error, include a short issue statement of 1-3 sentences, specify exactly where in the record the issue was argued to the Commissioner, and exactly where all relevant evidence before the Commissioner may be found, by docket number and page range.
Summary: Each error in a motion for revision must include a 1-3 sentence issue statement and specify record locations for argument and evidence.
Document Type
Motion For Revision
Filing & Service rules
Filing Timing and Cure Windows
All memoranda, reports, or other documents submitted for consideration at sentencing must be on file prior to the sentencing hearing.
Parties are to ensure that any memorandum, report, or other document submitted for the Court's consideration at sentencing is on file prior to the hearing.
The quote is in the court's document. The summary is not checked yet.
Page 1 | Criminal Sentencing and Post-Sentencing Relief
Motions to shorten time are strongly disfavored; the underlying motion must be noted in the regular course with a separate motion to shorten time, and briefing proceeds on the default timeline unless shortened time is granted.
Motions to shorten time are strongly disfavored, and should only be used in extraordinary circumstances. If a party wishes the Court to consider a motion on shortened time, the underlying motion must be noted in the regular course, and a separate motion to shorten time should be submitted. Unless and until the Court grants the motion to shorten time, all responses and replies should be submitted as though the motion is to be considered on the presumptive, default timeline.
The quote is in the court's document. The summary is not checked yet.
Page 1 | Motions for Expedited Review
Stipulated motions may be noted for consideration two judicial days after filing.
Stipulated motions may be noted for consideration two judicial days after filing. See LCR 7(b)(4)(H).
The quote is in the court's document. The summary is not checked yet.
Page 1 | Stipulated Motions and Orders
Sealing & Redaction Procedures
Motions to seal must comply with GR 15, LGR 15, and controlling caselaw; party agreement is insufficient, and a proposed order with the required findings must be provided.
Motions to seal must comply with General Rule 15, Local General Rule 15, and controlling caselaw. Agreement of the parties is not a sufficient basis for sealing of court records. The moving party should provide a proposed order that includes the required findings.
The quote is in the court's document. The summary is not checked yet.
Page 1 | Sealing Court Filings
GR 22 cover sheets may only be used to seal filings meeting the cover sheet standards (without altering the form); otherwise a motion to seal under GR 15/LGR 15 is required.
The use of form cover sheets to seal filings as authorized under General Rule 22 should be used only to seal filings that satisfy the particular standards set forth in the relevant cover sheet and General Rule 22, and the contents of the cover sheet should not be altered when filling out the form. Otherwise, a party must move to seal any given record pursuant to General Rule 15 and Local General Rule 15.
The quote is in the court's document. The summary is not checked yet.
Page 1 | Sealing Court Filings
Filing Bundling Requirements
For cross-motions for summary judgment, parties are strongly urged to stipulate to four briefs filed sequentially (with combined opposition/cross-motion and reply/cross-opposition) rather than six briefs in two parallel sets.
If there will be cross-motions, the parties are strongly urged to agree upon and submit for approval a stipulated briefing schedule of four briefs filed sequentially (opening motion, combined opposition/cross-motion, combined reply/cross-opposition, and cross-reply) rather than six briefs filed in two parallel sets.
The quote is in the court's document. The summary is not checked yet.
Page 1 | Motions for Summary Judgment
Pre-Motion Conference Requirements
Parties must coordinate and confirm a hearing date and time with the Bailiff before filing a Notice of Hearing for any summary judgment motion.
For any motions for summary judgment, in full or in part, the parties must coordinate and then confirm a hearing date and time with the Bailiff before filing a Notice of Hearing. If multiple parties intend to file such a motion, the parties should strive to streamline their presentations as much as practicable.
The quote is in the court's document. The summary is not checked yet.
Page 1 | Motions for Summary Judgment
Parties are encouraged to request a CR 16/CR 26(f) pretrial conference to address discovery scope, limits, e-discovery protocols, and expert disclosures.
Judge Flevaris encourages the parties to request a pretrial conference under CR 16 or CR 26(f) to consider matters such as: (1) the scope and timing of discovery; (2) limitations of discovery requests and depositions; (3) procedures and protocols for electronic discovery; (4) expert witness disclosures and discovery; and (5) anything else that would promote the efficient resolution of the case.
The quote is in the court's document. The summary is not checked yet.
Page 1 | Civil Discovery
Before formal discovery motions, parties are urged to request a short (10-20 minute) virtual or telephonic conference by emailing the Bailiff with brief, neutral issue descriptions and confirmation that meet-and-confer has occurred.
If a discovery dispute remains after conferencing, the Parties are urged to consider whether a short virtual or telephonic conference with the Court could help resolve or at least narrow the remaining issues without need for a formal motion. Any Party may email this Department's Bailiff, copying all counsel and unrepresented parties, to arrange such a conference. The email should describe the nature of the discovery dispute briefly (1-2 sentences per issue), in neutral terms, and without argument; and must confirm that the meet-and-confer requirement has already been met. The opposing party may then identify, also briefly and in neutral terms, any additional issues to be addressed. Such a conference usually will be scheduled for 10 to 20 minutes.
The quote is in the court's document. The summary is not checked yet.
Page 1 | Civil Discovery
Adjournment & Extension Requirements
Continuance motions filed after the Case Schedule deadline will be granted only upon extraordinary circumstances with no alternative means of preventing a substantial injustice.
Parties should also heed the deadline to move for a trial continuance as set forth in the Case Schedule. Local Civil Rule 40(e)(2) provides that motions filed after that deadline "will not be granted except under extraordinary circumstances where there is no alternative means of preventing a substantial injustice." The motion should demonstrate this standard is met, otherwise it will likely be denied.
The quote is in the court's document. The summary is not checked yet.
Page 1 | Motions for a Trial Continuance
Trial continuances require a good-cause showing of diligence and need, including what preparation is complete, what remains, and why the case could not be completed on the original schedule.
A continuance of the trial date generally requires showing good cause, including both diligence and need. The motion should be accompanied by a showing of what discovery and trial preparation have already been completed, what remains to be accomplished, and why the case could not have been completed within the original schedule. The mere assertion that more time is needed for discovery or negotiation, without more, will not usually constitute good cause.
The quote is in the court's document. The summary is not checked yet.
Page 1 | Motions for a Trial Continuance
Even agreed continuance motions must include a basic showing satisfying the applicable standard.
Even when a motion for a continuance is agreed, the parties should make a basic showing that satisfies the applicable standard.
The quote is in the court's document. The summary is not checked yet.
Page 1 | Motions for a Trial Continuance
Chambers Communication Rules
All case communications with the Bailiff must use only the courtroom email address, copy all other parties, and not use the Judge's individual address absent express invitation.
Parties must comply with the Court's email policy when contacting the Court. Per the policy, the only address to be used by attorneys, unrepresented litigants, or others who need to communicate with the Bailiff about a case is the courtroom email address. All other parties to the case must be copied on such communications. The Judge's individual address is not to be used absent express invitation.
The quote is in the court's document. The summary is not checked yet.
Page 1 | Communicating with the Court
Phone contact with the Court is a last resort, and any call or voicemail must clearly identify the case number at the outset.
Phone should not be used unless there is no other available means of communication, and in that instance, the case number should be clearly identified at the outset of any call or voicemail.
The quote is in the court's document. The summary is not checked yet.
Page 1 | Communicating with the Court
If no agreement on cross-motion streamlining is reached, any party may (and is urged to) email the Bailiff to request a short conference for direction on streamlining.
If agreement cannot be reached, any party may and is urged to email the Bailiff to request a short conference with the Court to obtain direction on appropriate streamlining.
The quote is in the court's document. The summary is not checked yet.
Page 1 | Motions for Summary Judgment