LAR 0.4.1 CASE SCHEDULE ORDER AND ASSIGNMENT OF CIVIL CASES (a) Scope. Except as otherwise ordered by the court, this rule shall apply to all civil cases, except for: Amended effective 7/1/01 (1) Cases which have been transferred to mandatory arbitration, pursuant to LMAR 2.1, whether or not a Case Schedule Order has been previously signed. For cases appealed from mandatory arbitration see LAR 0.4.1(c); (2) Modifications of child support or maintenance, except that these matters may be assigned a Case Schedule Order upon order of the court; Amended effective 7/1/01 (3) Paternity; (4) Change of name; (5) Adoption; (6) Domestic violence (RCW Chapter 26.50); (7) Harassment (RCW Chapter 10.14); (8) UIFSA actions; Amended effective 7/1/01 (9) Juvenile dependency; (10) Minor settlement; (11) Probate, except any will contest or litigation matter arising in a probate case shall be assigned a Case Schedule Order when the petition to contest the will is filed or the estate is sued; (12) Guardianship; (13) Unlawful detainer; (14) Review of action taken by administrative agency; (15) Appeals from courts of limited jurisdiction which are governed by rules for Appeal of Decisions of Courts of Limited Jurisdictions (RALJ); (16) Foreign judgments; (17) Abstract of transcript of judgment; (18) Petition for Writ; (19) Civil commitment; (20) Proceedings under RCW Chapter 10.77 (Criminally Insane); (21) Proceedings under RCW Chapter 70.96A; (22) Proceedings for isolation and quarantine; (23) Collection cases. (b) Clerk Index Sheet, Case Assignment Notice and Order. When an initial pleading is filed and a new case file is opened, the plaintiff/petitioner shall file a Spokane County Clerk Indexing Sheet in the form specified in Appendix A. Amended effective 7/1/01 Excluding cases listed in LAR 0.4.1(a), the clerk will issue and file a Case Assignment Notice and Order with a status conference date and will provide one copy to the party filing the initial pleading and one copy to the assigned court department. The plaintiff/petitioner may serve a copy of the Case Assignment Notice and Order on the defendants/respondents along with the initial pleadings. Otherwise, the plaintiff/petitioner shall serve the Case Assignment Notice and Order on the defendants/respondents within ten days after the later of: (1) the filing of the initial pleadings, or (2) service of the defendant's/respondent’s first response to the initial pleadings whether that first response is a notice of appearance, an answer, or a CR 12 motion. The Case Assignment Notice may be served by regular mail, with proof of mailing to be filed promptly in the form required by CR 5. Amended effective 7/1/01 (c) Assignment of Cases. All civil cases not falling under LAR 0.4.1(a)(1) through (23), will be assigned to an individual judge when an initial pleading is filed and a new case file is opened. Cases that fall within LAR 0.4.1(a)(1) through (23) may move for assignment which the court may grant if the circumstances of the case so warrant. Termination of Parental Rights cases will be assigned to a judge 60 days after filing of the petition. Cases appealed from mandatory arbitration will be assigned to a judge when the notice of appeal is filed. Amended effective 7/1/01 (d) Status Conference and Case Schedule Order. All attorneys of record and/or pro se parties must attend a status conference with the assigned judge on the date and time designated by the Case Assignment Notice. A Case Schedule Order will be issued at the status conference in the format found in Appendix A. The order will set the time period between filing and trial and the scheduled events and deadlines for that type of case, as determined to be appropriate by the assigned court department, after consultation with counsel. The court will set cases consistent with the time standards set forth in LAR 0.4(a). Amended effective 1/18/00 (1) [Deleted] Amended effective 1/18/00 (2) [Deleted] Amended effective 1/18/00 (e) Joint Case Status Report. All parties shall confer and jointly prepare a Joint Case Status Report in the form found in Appendix A. The form must be brought to the status conference by the parties, or provided to the court department in advance. This form is not to be filed in the court file. Effective 1/18/00 (f) Monitoring. The assigned judge and/or court administrator's office will monitor cases to determine compliance with these rules. (g) Enforcement. (1) Failure to comply with the Civil or Domestic Case Schedule Orders may be grounds for imposition of sanctions, including dismissal, or terms. (2) The Court, on its own initiative or on motion of a party, may order an attorney or party to show cause why sanctions or terms should not be imposed for failure to comply with the Civil or Domestic Case Schedule Orders established by these rules. (3) If the Court finds that an attorney or party has failed to comply with the Civil or Domestic Case Schedule Orders and has no reasonable excuse, the Court may order the attorney or party to pay monetary sanctions to the Court, or terms to any other party who has incurred expenses as a result of the failure to comply, or both; in addition, the Court may impose such other sanctions as justice requires. (4) As used with respect to the Civil or Domestic Case Schedule Orders, “terms” means costs, attorney fees, and other expenses incurred or to be incurred as a result of the failure to comply; the term “monetary sanctions” means a financial penalty payable to the Court; the term “other sanctions” includes but is not limited to the exclusion of evidence. (h) Relationship to Civil Rules. The issuance of a Case Schedule Order or Domestic Schedule Order does not affect the right of a party to seek a summary judgment under CR 56 or the right of a party to seek enforcement of discovery rights or obligations under CR 26-37. Effective 1/1/99
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