Wash. Civ. R. Cts. Ltd. Juris. 40

(a) Notice of Trial—Note of Issue.

(1) Of Fact. At any time after the issues of fact are completed in any case by the service of

complaint and answer or reply when necessary, as herein provided, either party may cause the

issues of fact to be brought on for trial, by serving upon the opposite party a notice of trial at least

3 days before any day provided by rules of court for setting causes for trial, which notice shall

give the title of the cause as in the pleadings, and notify the opposite party that the issues in such

action will be brought on for trial at the time set by the court; and the party giving such notice of

trial shall, at least 5 days before the day of setting such causes for trial, file with the clerk of the

court a note of issue containing the title of the action, the names of the attorneys and the date

when the last pleading was served; and the clerk shall thereupon enter the cause upon the trial

docket according to the date of the issue.

(2) Of Law. In case an issue of law raised upon the pleadings is desired to be brought on

for argument, either party shall, at least 5 days before the day set apart by the court under its rules

for hearing issues of law, serve upon the opposite party a like notice of trial and furnish the clerk

of the court with a note of issue as above provided, which note of issue shall specify that the

issue to be tried is an issue of law; and the clerk of the court shall thereupon enter such action

upon the motion docket of the court.

(3) Adjournments. When a cause has once been placed upon either docket of the court, if

not tried or argued at the time for which notice was given, it need not be noticed for a subsequent

session or day, but shall remain upon the docket from session to session or from law day to law

day until final disposition or stricken off by the court.

(4) Filing Note by Opposite Party. The party upon whom notice of trial is served may file

the note of issue and cause the action to be placed upon the calendar without further notice by the

served party.

(5) Issue May Be Brought to Trial by Either Party. Either party, after the notice of trial,

whether given by either party, may bring the issue to trial, and in the absence of the adverse

party, unless the court for good cause otherwise directs, may proceed with the case, and take a

dismissal of the action, or a verdict or judgment, as the case may require.

(b) Methods. Each court of limited jurisdiction may provide by local rule for placing of

actions upon the trial calendar (1) without request of the parties or (2) upon request of a party and

notice to the other parties or (3) in such other manner as the court deems expedient.

(c) Preferences. In setting cases for trial, unless otherwise provided by statute, preference

shall be given to criminal over civil cases, and cases where the defendant or a witness is in

confinement shall have preference over other cases.

(d) Trials. When a cause is set and called for trial, it shall be tried or dismissed, unless

good cause is shown for a continuance. The court may in a proper case, and upon terms, reset the

same.

(e) Continuances. A motion to continue a trial on the ground of the absence of evidence

shall only be made upon affidavit showing the materiality of the evidence expected to be

obtained, and that due diligence has been used to procure it, and also the name and address of the

witness or witnesses. The court may also require the moving party to state upon affidavit the

evidence that that party expects to obtain; and if the adverse party admits that such evidence

would be given, and that it be considered as actually given on the trial, or offered and overruled

as improper, the trial shall not be continued. The court, upon its allowance of the motion, may

impose terms or conditions upon the moving party.

(f) Change of Judge. In any case pending in any court of limited jurisdiction, unless

otherwise provided by law, the judge thereof shall be deemed disqualified to hear and try the case

when the judge is in anywise interested or prejudiced. The judge, of the judge’s own initiative,

may enter an order of self disqualification. A judge shall also self disqualify under the provisions

of this rule if, before the jury is sworn or the trial is commenced, a party files an affidavit that

such party cannot have a fair and impartial trial by reason of the interest or prejudice of the judge

or for other ground provided by law. Only one such affidavit shall be filed by the same party in

the case and such affidavit shall be made as to only one of the judges of said court.

All right to an affidavit of prejudice will be considered waived where filed more than

10 days after the case is set for trial, unless the affidavit alleges a particular incident,

conversation or utterance by the judge, which was not known to the party or the party’s attorney

within the 10-day period. In multiple judge courts, or where a pro tempore or visiting judge is

designated as the trial judge, the 10-day period shall commence on the date that the defendant or

the defendant’s attorney has actual notice of assignment or reassignment to a designated trial

judge.