LSPR 94.04 FAMILY LAW ACTIONS 1. FAMILY LAW, PROBATE AND ADOPTION MOTION CALENDARS AND CONFIRMATION PROCEDURES 1.1 The Family Law, Probate and Adoption Motion Calendar (where at least one party is represented by an Attorney) shall be held on Wednesdays at 9:00 a.m. 1.2 The Pro Se (Non-Attorney) Family Law Motion Calendar shall be held on Fridays at 9:00 a.m. 1.3 Confirmation Procedures. All contested matters to be considered must be confirmed, as set out below, by calling the Clerk of the Court at (360) 427-9670, Ext. 346, or by e-mail at email@example.com. Matters not confirmed will not be heard. (a) Confirmations must be made with the Clerk of the Court before 10:00 a.m. two (2) days prior to the motion calendar day as follows: * By 10:00 a.m. on Monday for matters on the Wednesday calendar; or * By 10:00 a.m. on Wednesday for matters on the Friday pro se calendar. (b) If the deadline for confirmation falls on a court holiday, confirmation shall be made before 10:00 a.m. on the last court day before the holiday. (c) Motions filed by those persons physically confined under a court order shall be deemed confirmed at filing. 1.4 Continuance of Confirmed Matters. Matters confirmed in accordance with paragraph 1.3 (a) and (b) are not subject to continuance, except with permission of the Court, but shall be stricken and re-noted by the moving party. 1.5 Time Limits. Agreed orders and defaults will be heard at the beginning of the docket. Motions other than summary judgment shall be limited to ten (10) minutes per side. Motions which will exceed the time limit of this rule, if allowed by the Court, will ordinarily be placed at the end of the docket. 2. LIMITATIONS ON DECLARATIONS 2.1 Generally. Absent prior authorization from the Court as set forth in paragraph 2.9 below, the entirety of all declarations and affidavits in support of motions, including any reply, shall be limited to a sum total of twenty-five (25) pages for all motions scheduled on the same date. The entirety of all declarations and affidavits submitted in response to motions shall be limited to twenty-five (25) pages for all motions scheduled on the same date. 2.2 Application. This rule shall apply to all family law motions, motions in paternity actions and actions to establish residential schedules. 2.3 Format. All motions and pleadings in support thereof shall use mandatory forms where applicable, follow the format required by GR 14 and meet the requirements of GR 31(e). If typed or computer printed, documents shall be in 12 point or larger type and double-spaced. If handwritten, documents shall be single-sided, double-spaced and written legibly using black or dark blue ink. 2.4 Exhibits. Exhibits that consist of declarations or affidavits shall count toward the above page limits. All other exhibits attached to a declaration or affidavit, including deposition excerpts, shall not be counted towards the page limit. 2.5 Financial Declarations. Financial declarations and financial documents do not count toward the page limit. 2.6 Expert Reports and Evaluations. Declarations, affidavits or reports from guardians ad litem and expert witnesses do not count toward the page limit. 2.7 Children's Statements. Declarations by minors in family law matters are disfavored and the Court may, in its discretion, refuse to consider such declarations. 2.8 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. 2.9 Authorization. A party seeking authorization to exceed the page limit may do so by noting the matter on the family law calendar. Parties may appear in person or by telephone; provided, however, that authorization to appear by telephone must be made in advance by calling the Court Administrator's Office at (360) 427-9670, Ext. 206. Notice of this hearing shall be given in the same manner as provided in CR 5. 2.10 Consequences of Non-Compliance. If the Court finds that one or more parties have violated this rule, the Court may, in its discretion, assess terms, strike or continue the matter, or refuse to consider materials that violate this rule. 3. PARENTING SEMINARS 3.1 Applicable Cases. This rule shall apply to all cases under Chapter 26.09, 26.10, or 26.26 RCW which require a parenting plan or residential schedule for minor children, including dissolution of marriage, dissolution of domestic partnerships, legal separation, major modifications, non-parental custody actions, paternity actions. 3.2 Mandatory Attendance. All parties involved in cases governed by this rule shall complete an approved parenting seminar. 3.3 Seminar Providers. A list of approved parenting seminars shall be available from the Superior Court Administrator, Family Law Facilitator and Clerk of the Court. If a parenting seminar is not included on the list, then the Court, upon proper motion, may allow other seminars to fulfill this requirement on a case-by-case basis. 3.4 Timing. Parties required by this rule to participate in a parenting seminar shall complete an approved parenting seminar within ninety (90) days after service of a petition. In the case of paternity actions initiated by the prosecuting attorney's office, the parenting seminar shall be required only when paternity is established or acknowledged and a parenting plan is requested. 3.5 Proof of Completion. Parties shall file a certificate of completion or other documentation showing proof of completion of the parenting seminar as soon as possible after completion. 3.6 Fees. Each party attending a seminar shall pay a fee charged by the approved provider. 3.7 Special Consideration/Waivers. Pursuant to RCW 26.12.172: (a) In no case shall opposing parties be required to attend seminars together. (b) Upon a showing of domestic violence or abuse which would not require mutual decision making pursuant to RCW 26.09.191, or that a parent's attendance at the seminar is not in the children's best interests, the court shall either waive the requirement of completion of the seminar or provide an alternative, voluntary parenting seminar for battered spouses or battered domestic partners; and (c) The Court may otherwise waive the seminar requirement or extend the time for attendance of the seminar for good cause shown. 3.8 Failure to Attend/Sanctions. Willful refusal to participate in a parenting seminar or willful delay in completing the parenting seminar by any party may constitute contempt of court and may result in sanctions including, but not limited to, imposition of monetary terms, striking of pleadings, or denial of affirmative relief to a party not in compliance with this rule. [Adopted effective 9-1-2006; amended effective 9-1-2010; 9-1-2012; 9-1-2013]
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