LR 94.04
MARRIAGE DISSOLUTION ACTIONS
A. NON-CONTESTED DISSOLUTION HEARINGS.
(1) Hearing. Non-contested dissolution cases will be heard on a calendar set
by the Superior Court Judges and Clerk. The days and times are set forth in LR 77.
The Clerk shall not place any case on the non-contested calendar unless
the file shows one of the following:
a. The applicant's opponent has joined in the petition for dissolution of
marriage; or
b. The applicant's opponent has waived notice or has signed a consent to
hearing on the date noted; or
c. An order for default has been applied for or entered.
The Clerk shall not place any case on the non-contested calendar
unless proof is filed that summons was served more than ninety (90) days
before the date selected for hearing or that the case has been on file
more than ninety days and both parties have submitted to the jurisdiction
of the court.
(2) Note for Non-contested Calendar-Attorney. A notice of hearing on the non-
contested calendar must be filed by counsel with the Clerk at least three court
days before the date of the hearing.
(3) Note for Non-contested Calendar- Without Attorney (Self-represented). A
notice of hearing on the non-contested calendar by a self-represented party
shall be accompanied by pre-approved pleadings which the party proposes to
submit to the court as final orders. Such proposed pleadings shall include
Findings of Fact and Conclusions of Law or Waiver of same signed by all
parties, Decree, Parenting Plan and/or Residential Schedule, Child Support
Worksheets, Order of Child Support, and a Residential Time Summary, where applicable.
The Clerk shall not place any case on the non-contested calendar upon
application by any self-represented party unless it is accompanied by the
party's pre-approved, proposed pleadings.
(4) Self-represented Note for Show Cause Calendar-Without Attorney.
A note for show cause hearing and or show cause order for temporary orders
by a self-represented party shall be accompanied by proposed orders. Such
proposed orders shall include Temporary Orders, Temporary Parenting
Plans/Residential Schedules, Temporary Order of Child Support, etc, where applicable.
The Clerk shall not schedule a show cause hearing upon application
by any self-represented party unless it is accompanied by the party's proposed orders.
(5) Self-represented Emergency Ex Parte Orders. Parties shall not be required
to obtain pre-approval of pleadings submitted for emergency ex parte orders.
(6) Self-represented parties shall obtain pre-approval of all final documents
only from the Chelan County or Douglas County Superior Courthouse Facilitator,
Director of Family Law at Community Action, or a private attorney. Pre-
approval shall be designated in a manner clearly ascertainable and approved by
the Chelan County Clerk.
The Clerk shall not file said proposed pleadings, but shall instead
place all proposed pleadings on the fly leaf of the court file.
(7) Order on Non-contested Calendar. The order of the calendars shall be as follows:
a. Matters where attorneys appear;
b. Self-represented matters in which pleadings are complete for the court's review;
c. All other matters.
(8) Mandatory JIS Search for All Cases Involving Children. At least three (3)
days prior to scheduled hearing for entry of final orders, self-represented
parties and attorneys must complete and submit the form in Exhibit 1. If
orders are to be presented ex parte, this completed form must accompany the
final documents when presented to the court for signature.
(9) Withdrawal of Consent. Before a decree is entered, a party may move to
withdraw any consent or waiver previously given. Such motion must be supported
by affidavit showing good cause and shall be noted for hearing on the show cause calendar.
(10) Disposition of Issues in Decree. No decree of dissolution shall be
entered unless the decree disposes of all issues over which the court has
jurisdiction relating to disposition of property and liabilities of the parties
and support or maintenance of either spouse. For good cause shown, the court
may in its discretion enter a decree of dissolution stating that it retains
jurisdiction to dispose of issues relating to parenting and child support.
B. CONTESTED DISSOLUTIONS.
(1) Pretrial Forms. In all final hearings or trials in domestic relations
matters, each party shall provide to the judge or commissioner, and serve on
the opposing party, a written statement as to the issues in controversy at
least three (3) days prior to trial. The written statement may be in any form
chosen by the attorney to convey the following:
(a) A brief factual summary;
(b) Issues in dispute [whether property, debts or custody];
(a) Case law, if it will be argued, supporting your position;
(b) Proposed distribution of assets and debts, proposed parenting plan and
child support amount, if in dispute;
(c) Areas of agreement.
If one of the parties is seeking maintenance or child support, both
parties shall complete the financial declaration contained in Exhibit A to LR 94.04.
If the parties are in dispute as to the distribution of assets and
debts, both parties shall complete Exhibit B to LR 94.04. The pretrial
forms shall not be filed with the Clerk.
Unless explained otherwise by the parties, the values shown on the
pretrial form should include proposed pension, retirement, profit sharing
or other deferred benefit or financial security plan; the cash surrender
value of all life insurance policies; the amounts of accounts receivable,
inheritance due, and trust accounts; the fair market value of all other
property including collections, antiques; and in the case of automobiles,
the average between wholesale and retail blue book values.
(2) Enforcement. If either party fails to comply with paragraph B(1)
set forth above, the trial judge may order such party or his attorney to
pay an appropriate attorney's fee to the opponent for any additional work
or delay caused by the failure to comply. If either party fails to
comply, the trial date may be stricken.
(3) Continuances. Stipulations or motions to continue a case already
on the trial calendar must be in writing, supported by a declaration
showing sufficient grounds for the requested continuance. The moving
party shall present a written order for entry.
C. CHILD CUSTODY OR PARENTING PLAN PROCEEDINGS
(1) Parenting Plans.
(a) Proposed, Temporary and Permanent Parenting plans shall be in
the form required by State law. Proposed temporary parenting
plans need not have the dispute resolution and decision making
sections completed.
D. DATING AND MAILING OF DECREES AND ORDERS.
(1) When any decree or order is filed in a dissolution matter, the
attorney for the party presenting the order, or the party if the matter is
presented pro se, shall immediately deliver or mail to the opposing party, or
to the opposing party's last known address, or to opposing counsel, a true copy
of the decree or order with the date of entry indicated on each copy. A
declaration of mailing of such true copy shall be filed.
E. HEARINGS - SHOW CAUSE - PRELIMINARY AND TEMPORARY ORDERS
(1) Hearings. See Local Rule 77.
(2) Hearings by Documentary Evidence. All show cause hearings pertaining to
requests for temporary support money and/or attorney's fees shall be heard and
determined by documentary evidence only, unless the parties request that oral
testimony be given and the court, in its discretion, agrees.
(3) Supporting Worksheet. A motion for order to show cause for
temporary support shall be supported by a child support worksheet in the form
prescribed by state law and may also include a financial declaration in the
form designated in Exhibit A attached to this rule. No order shall be signed
setting a show cause hearing for temporary support unless the signed worksheet
accompanies the motion.
(4) Information Considered Notwithstanding Non-appearance. An
affidavit or child support worksheet filed by a non-appearing respondent shall
be considered by the court at the time of hearing on show cause hearings and
upon hearing default dissolutions.
(5) Limitations on Declarations.
(a) Application. This section (5) of this rule does not apply to
domestic violence petitions or domestic violence motions.
(b) Children's statements. Declarations by minors are disfavored.
(c) Format: All filed documents and copies provided as "Working
Papers" and served on other parties and attorneys shall be legible.
If typed or computer printed, documents shall be in 12 point or
larger type, double-spaced between the lines.
(d) Page limits.
(i.) Generally. Absent prior authorization from the court, the
entirety of all declarations and affidavits from the parties and any non-expert
witnesses in support of motions (except financial declarations), including any
reply, shall be limited to a sum total of twenty-five (25) pages. The entirety
of all declarations and affidavits submitted in response to motions shall be
limited to a sum total of twenty (20) pages.
(ii.) Exhibits. Exhibits that consist of declarations or
affidavits of parties or witnesses shall count towards the above page limit.
All other exhibits attached to a declaration or affidavit shall not be counted
toward the page limit.
(iii.) Financial Declarations. Financial Declarations and
financial documents do not count toward the page limit.
(iv.) Expert Reports and Evaluations. Declarations, affidavits,
and reports from Court Appointed Special Advocates (CASA), Guardians Ad Litem
(GAL) and expert witnesses do not count toward the page limit.
(v.) Miscellaneous Exceptions. Copies of declarations or
affidavits previously filed for a motion already ruled upon and supplied only
as a convenience to the court in lieu of the court file do not count toward the
page limit. Deposition excerpts shall not count toward the page limit.
F. DISPOSAL OF PROPOSED PARENTING PLAN.
The Clerk is authorized to remove from the file and dispose of all proposed
parenting plans after the Permanent Parenting Plan has been entered and the time for
appeal has elapsed.
I. MANDATORY INFORMATION EDUCATION WORKSHOP
The Chelan County Superior Court finds that it is in the best interest of
any child whose parents or custodians are involved in specific court proceedings to
provide such parents with an educational workshop concerning the impact of
family restructuring has on their child. The workshop offers parents tools to
help ensure that their child's emotional needs will not be overlooked during
the legal process, to encourage parents to agree on child-related matters, and
to aid in maximizing the use of court time.
(1) Types of Proceedings Required. Each person named as a party in the
following types of proceedings filed after January 1, 1997, must comply with LSPR 94.04I:
1. Dissolution of Marriage with child(ren) under 18 years old;
2. Legal Separation or Declaration of Invalidity with child(ren) under 18 years old;
3. Petition to establish custody or visitation including paternity; and/or
4. Post-judgment petition involving custody or visitation.
(2) Service on Parties. The Clerk of the court shall provide a
copy of this rule (LR94.04 I) to the initiating party for service upon all
parties against whom relief is sought, together with a statement describing the
program including contact telephone numbers, addresses, statement of costs, and
an explanation of how to request a waiver or deferral of the program
registration fee.
(3) Mandatory. Each party who files an appearance in a proceeding of the
types described above in Section (1) shall complete the program unless exempted
by the court. No final order approving any residential or parenting plan shall
be entered without proof of completion of such education program by the parents
or legal guardians unless otherwise ordered by the court.
(4) Ninety (90) Day Deadline. Each party shall attend and complete
an approved parenting workshop within ninety (90) days of filing a proceeding
specified in Section (1) above.
J. MANDATORY JIS SEARCH FOR ALL CASES INVOLVING CHILDREN
At least three (3) days prior to scheduled hearing for entry of final
orders, self-represented parties and attorneys must complete and submit the
form in Exhibit C to LR 94.04. If orders are to be presented ex parte, this
completed form must accompany the final documents when presented to the court for signature.
[Amended Effective September 1, 2011]
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