| |
Asotin, Columbia, and Garfield Counties
Local Rules for the Superior Courts of Asotin, Columbia, and
Garfield Counties (HCCLR), a Judicial District named Hells Canyon Circuit.
Table of Rules
HCCLR 1 Sessions of Court
HCCLR 2 Law and Motion Day
HCCLR 3 Working Copies to Judge
HCCLR 4 Setting Cases for Trial
HCCLR 5 Exhibits
HCCLR 6 Jury Venire
HCCLR 7 Jury Selection
HCCLR 8 Jury Instructions, Witness List, Statement of Case
HCCLR 9 Approval of Fees in Certain Cases
HCCLR 10 Dissolution or Parentage Actions
HCCLR 11 Mandatory Mediation in Family Law Cases
HCCLR 12 Juvenile Court and Family Court
HCCLR 13 Declination of Juvenile Court Jurisdiction in
Certain Cases
HCCLR 14 Juvenile Offenders, Criminal History, Penalty,
Computation
HCCLR 15 Alternate Residential Time Guidelines
HCCLR 16 Excusing Witnesses
HCCLR 17 Presentation of Findings of Fact/ Conclusions of
Law
HCCLR 18 Post-Trial Motions
HCCLR 19 Justification of Sureties
HCCLR 20 Guardian ad Litem- R.C.W. 11.88, R.C.W. 13.34.102
HCCLR 21 Commissioners/Elected Sitting Judge Pro Tems- SAR6
HCCLR 22 Court Facilitator in Pro Se Dissolution Cases
IN THE SUPERIOR COURTS OF THE STATE OF WASHINGTON FOR
ASOTIN, COLUMBIA, AND GARFIELD COUNTIES
ORDER
In the Matter of the Amendment as to name of the
LOCAL RULES OF THE COURT for the Superior Courts of
Washington for Asotin, Columbia, and Garfield Counties,
a Judicial District now named the Hells Canyon Circuit
WHEREAS, since the most recent local rules update,
effective 9/1/03, the Asotin, Columbia, and Garfield
County Bar Association has changed its name to the
Hells Canyon Bar Association and this Court hereby
confirms it has named the judicial district, "Hells
Canyon Circuit", and
WHEREAS, the current name of the rules and citation to
same are lengthy and GR 7(a) provides local rules may
be changed administratively without notice as long as
courtroom procedure is not being changed,
NOW, THEREFORE, IT IS HEREBY ORDERED that the name of
the local rules Numbered 1 through 22, inclusive,
previously published effective 9/1/03 and on file with
the Administrative Office of the Courts is hereby
changed to "Hells Canyon Circuit Local Rules" and shall
hereafter be cited as HCCLR. In all other respects the
local rules shall remain unchanged and in full force
and effect.
The Administrative Office of the Courts is hereby
authorized and directed to update these local rules
accordingly on its website for local rules. AOC is also
directed to create a fourth index entry of "Hells
Canyon Circuit" and henceforth refer to our judicial
district as the Hells Canyon Circuit.
Done in open court, this 11th day of April, 2006, at
Asotin, WA.
William D. Acey, Judge
HCCLR 1
Sessions of Court- CR 77 (d) and (f))
(A) Sessions. The Court will be in session, unless
otherwise ordered, on all judicial days except Saturdays and
Sundays. Trial hours are generally from 9:00 a.m. until
12:00 noon and from 1:30 p.m. to 4:30 p.m. Counsel shall be
present in court at 9:00 a.m. on the first day of a jury
trial. In criminal cases, defense counsel shall have the
defendant in court by 9:00 a.m. each day unless the defendant
is in custody. If the defendant is in custody,
the jail staff shall have the defendant in court by 9:00 a.m. each day.
(B) Christmas Recess. From December 20 to January 2 shall
be Christmas recess, and no contested cases or matters will
be set for trial or tried during said period except by
consent of all counsel involved and the Court, or by order of the Court.
(C) Daily Ex Parte Docket. As often as practicable, the
Court or a Court Commissioner will be available every
judicial day from 8:30 a.m. to 8:50 a.m. for ex parte
matters and at such other times during the day when not on the bench.
(Effective 9/1/03)
ACGCSCLR 2
Law and Motion Day- CR 40 (a) and CR 77 (f)
(A) Day Established. Except as otherwise ordered by the
Court, Monday of each week shall be the general Law and
Motion Day in Asotin County for any civil or criminal
hearing ten (10) minutes total time, or less. A preference
shall be given to uncontested matters lasting two (2)
minutes, or less, and for parties with only one case on the
docket. For the counties of Garfield and Columbia, Law and
Motion Day will generally be held on the first and third
Thursdays of the month. When Law and Motion Day falls on a
legal holiday, the motion day may be moved or cancelled.
Dependencies in Asotin County will generally be held on the
first Tuesday of each month. The presiding Judge will
publish a list of Law and Motion Days for the following
calendar year by November 1 each year.
(B) Schedule for Asotin County. The Court will conduct the
Monday docket according to the following schedule:
(1) 9:00 a.m. Adult criminal docket (appearance mandatory):
arraignment, entry of plea, omnibus hearings,
settings, bond hearings or reviews, change of plea and
sentencing, et cetera.
(2) 1:30 p.m. Civil Matters: All matters ten (10)
minutes or less except hearings for which a special docket
exists. Note: adoptions are held on the record in chambers
in closed session.
(3) 2:30 p.m. Paternity cases and child support.
(4) 3:00 p.m. Domestic violence and anti-harassment full order hearings.
(5) 3:30 p.m. Juvenile Court (appearance mandatory with
parent or guardian): first appearances; arraignments; guilty
pleas; dispositions; motions; fact finding assignments;
(6) 4:00 p.m. Truancy matters (appearance mandatory with
parent or guardian.)
(C) Schedule for Garfield and Columbia Counties. The first
and third Thursdays of each month are generally the regular
Law and Motion Days. Garfield County (all cases) shall
begin at 9:00 a.m. Columbia County civil shall begin at
11:00 a.m., dependencies at 1:15 p.m., adult criminal
(appearance mandatory) at 1:30 p.m., and all juvenile
criminal and truancy cases (appearance mandatory with parent
or guardian) at 2:30 p.m.
(D) Special Settings. Motions and other matters requiring
more than 10 minutes total time shall be specially set by
the Court Administrator, currently the Presiding Judge.
(E) Calendar/Docket. The Clerk of Superior Court shall
prepare a Law and Motion calendar/docket two business days
before a Law and Motion Day to include the type of hearing,
case number and caption of the case, and the names of any
attorneys appearing for the respective parties. A copy of
the calendar/docket shall be available in the clerk’s office
one business day before Law and Motion Day. Copies shall be
available on counsel tables on Law and Motion Day.
(F) The clerk shall keep a daily calendar/docket for the
Court of all matters for which a hearing has been set.
(G) The clerk will furnish to counsel of record a copy of
the Court’s Scheduling Order in all criminal cases.
(H) Appearance by Telephone. Counsel or a party may appear
telephonically for a single case on a law and motion docket
with prior leave of the Court by calling the Court at 509-243-2082.
(I) Appearance by video and/or telephone. The Court may
routinely order court appearance by a person in custody or
detention by video and/or speaker telephone in any matter
except a trial, fact finding, or a hearing involving live
testimony pursuant to applicable rule.
(Effective 9/1/03)
HCCLR 3
Working Copies to Judge
(A) Delivery. Bench or chamber copies of longer pleadings,
motions, declarations, et cetera, shall be sent to the Judge
at least two business days prior to the trial or hearing thereon.
(B) In family law cases, the parties shall submit a chamber
copy of their pretrial or position statement required by
ACGCSCLR 10 at least two business days before commencement
of trial. The parties shall also prepare and submit in
advance to the Court a consolidated proposed property
distribution schedule in spread sheet form approved by the parties.
(Effective 9/1/03)
HCCLR 4
Setting Cases for Trial- CR 40 (a)
(A) Certificate of Readiness. A Notice for Trial Setting
shall be accomplished by Certificate of Readiness wherein
counsel or the noting party represents that all essential
parties have been served with process or have appeared and
that the case is at issue as to all parties, that no
pleadings remain unanswered, that there are no further
pleadings to be filed, that the parties and necessary
witnesses are ready and will be available at trial,that the
parties have had reasonable opportunity for discovery, and
that discovery can be completed before trial.
(B) Jury Deposit. The deposit of a jury fee shall accompany a jury demand.
(C) Presence of Counsel. Counsel for all parties and any
party representing themselves shall either be present at the
time of setting in person or telephonically, or shall have
obtained leave of Court to appear in writing with a list of
unavailable dates for trial. Counsel or pro se parties may
participate by conference telephone call by prearrangement with the Court.
(D) Pretrial Hearings. Cases will be set for pretrial or
pre-fact finding hearing as well as for trial or fact finding.
(E) Striking and Resetting of Cases. No trial, fact finding
hearing, or specially set hearing shall be stricken
without leave of the Court. The case must be noted for
resetting unless at the time of the striking or continuing
the case the Court sets a later trial or hearing date with
the approval of the parties in the case.
(Effective 9/1/03)
HCCLR 5
Exhibits- GR 20
(A) Pre-marking. Arrangements shall be made with the clerk
for the marking of all exhibits prior to trial.
(B) Copies. Unless the making of copies is impractical,
legible copies of exhibits shall be furnished to opposing
counsel, or party if pro se and the Court, numbered the same
as marked by the clerk. This rule shall not apply to
rebuttal or impeachment exhibits not to be offered in the
party's case in chief.
(C) Offers for Admission. Counsel or pro se parties shall
offer exhibits for admission. A motion for admission is not required.
(D) GR 20, governing security in handling exhibits shallapply, with the proviso the Court may also
order withdrawal and substitution on its own motion.
(Effective 9/1/03)
HCCLR 6
Jury Venire
(A) The Superior Courts of Asotin, Garfield, and Columbia
counties shall employ a properly programmed electronic data
processing system to make random selection of jurors as
authorized by R.C.W. 2.36.063 and R.C.W. 2.36.093. The
master jury list shall be selected from the merged jury
source list provided and updated annually by the Washington
State Department of Information Services, which consists of
an unrestricted random sample from the names of all registered
voters filed with the respective County Auditor
without regard to location or precinct, and the names of all
holders of driver's licenses or identification cards issued
by Washington Department of Licensing, 18 years of age or
older, who reside in the respective county. A general jury
venire, as now provided by law, shall be issued for jurors
for service upon such terms and at such frequency as the
Court finds required, consistent with applicable law and as
the docket of cases warrants.
(Effective 9/1/03)
HCCLR 7
Jury Selection - CR 47 (a)
(A) Prior to trial, in those counties that have the
software capability, the clerk will by computer randomly
draw and assign a juror number to all of the prospective
jurors called for a particular trial. In all other counties
this shall be done manually in open court at the commencement
of the trial. A list of prospective juror
names and numbers will be provided to the parties.
(B) The Court will use a "struck jury" or "Donohue" method
of jury selection with the "up through the chairs"
rather than "replacement" feature. General questions and
preliminary instructions used by the Court are found in the
Washington Superior Court Criminal and Civil Benchbooks.
Any party may request the Court to ask prospective jurors
appropriate additional general questions proposed in advance
in writing and submitted with jury instructions. Each
attorney or pro se party will be given one block of time to
ask any general or individual questions.
(Effective 9/1/03)
HCCLR 8
Jury Instructions, Witness List, Statement of Case-CR 51
(A) Plaintiff/Petitioner shall prepare, file, and serve a
full set of proposed instructions, (one set numbered with
citations and one set unnumbered without citations) Court's
cover sheet, a verdict form(s), and witness list ten (10)
days prior to trial. The Defendant/Respondent shall prepare,
file, and serve any new or additional instructions, no
repeats, and a witness list. In civil cases, a statement of
the case to the prospective jurors shall be submitted at the
same time.
(B) Numbering and Arrangement. Citations shall be in the lower
left-hand corner. All instructions shall be arranged
in a logical order. All instructions with citations of
authority shall be numbered by the submitting party at the
top center of the first page as follows:
"Plaintiff's/Defendant's Proposed Instruction No.____."
(Effective 9/1/03)
HCCLR 9
Approval of Fees in Certain Cases- SPR 98.16W (f), (g)
(A) When the Court is called upon to fix the compensation
for acting on behalf of a minor or a disabled person,the
following guidelines shall be considered:
(1) Settlement less than $500,000. If the case is settled
and the amount of settlement is $500,000 or less, the
attorney's fees should not exceed 1/3 of the amount
recovered, exclusive of costs of suit.
(2) Settlement over $500,000. If the amount of a
settlement is over $500,000, the attorney's fees should not
exceed 1/3 of the first $500,000 recovered, exclusive of
costs of suit, and 25% of the excess over $500,000
recovered, exclusive of costs of suit.
(3) Costs of Suit Defined. For these purposes, "costs of
suit" shall mean the expenses of litigation.
(4) If there is an appeal, an additional reasonable fee
will be considered.
(Effective 9/1/03)
HCCLR 10
Dissolution or Parentage Actions
(A) Temporary Orders. Hearings with respect to all
temporary orders, including adequate cause, in dissolution,
parentage and family law matters shall be held and
determined upon affidavits, declarations, and argument only.
Said affidavits or declarations shall be filed and served in
the same manner as other pleadings and orders in civil cases
as prescribed by the Rules of Court. Responding affidavits
shall be served and filed not later than 3:00 p.m. the
business day prior to the hearing unless the Court permits a
later service and filing.
(B) Pretrial, Trial, Position Statements. Prior to a trial
on the merits in dissolution, legal separation and
declaration of invalidity actions, a pretrial conference
shall be held. Attendance in person or through counsel is
mandatory. Two days prior to trial, the parties shall
prepare, file, and serve a position statement identifying
the issues that are yet disputed, including, if applicable,
a proposed property and debt distribution listing values.
(C) Testimony. Oral testimony is required at trial. Oral
testimony is not required in uncontested dissolution or
legal separation actions provided an affidavit or
declaration in lieu of testimony or verification of findings
of fact submitted with the final documents. This does not
abrogate the right to appear in open court and take a
dissolution through oral testimony.
(D) A Final Order Parenting Plan shall be entered in every
dissolution case involving a minor dependant child,and all
parentage cases when requested by a party.
(Effective 9/1/03)
HCCLR 11
Mandatory Mediation in Family Law Cases
(A) All contested issues in every family law case, except
matters limited to child support, establishment of
paternity, or the existence of adequate cause, shall be
submitted to mandatory mediation before proceeding to trial.
This shall include, but not be limited to dissolutions,
legal separations, declarations of invalidity, residential
placement, parenting plans, and petitions to change or
modify same. No such contested matter shall be set for trial
without proof of commencement of mediation proceedings.
Mediation shall be completed 30 days prior to trial. The
mediation requirement or time limits may be waived or modified
by the Court upon motion for good cause shown or
upon the Court's motion. The parties shall mediate in good
faith. Sanctions may be imposed by the Court against a
party found not to have participated in mediation in good
faith, including, but not limited to all costs of mediation,
attorney fees, and costs.
(B) Mediation No Stay. Mediation does not stay or
otherwise affect the rights and duties of the parties
established by statute, court rule, or court order. The
Court may enter temporary orders and the parties may conduct
discovery prior to or during the mediation process.
(C) Selection of Mediator. The parties may choose their
own mediator approved by the Court. Absent an agreement,
upon motion of either party, the Court will select a
mediator. The parties are responsible for the cost of
mediation equally unless otherwise ordered by the Court.
(D) Authority of Mediator. The mediator has the authority
to set the time, place, manner, duration of mediation,and
retainer required to be paid by both parties before
mediation will commence. The mediator also has the right to
terminate mediation.
(E) Attendance. The parties shall personally attend
mediation sessions, unless leave is granted by the mediator
to appear telephonically. The mediator shall have authority
to require other persons to attend.
(F) Declaration of Completion. Within seven (7) days of
completion of mediation, a declaration of completion shall
be filed with the Court by the mediator. The parties shall
be advised by the mediator of the results of mediation in
writing. The mediator shall advise the Court whether or not
an agreement has been reached on some or all of the issues.
(G) Payment. Mediators shall be paid by the parties in
accordance with their agreement, and if none, as determined
in mediation.
(H) Confidentiality. The work product of the mediator and
all communications to the mediator during the mediation
process are confidential and may not be disclosed. The
mediator shall not appear to testify in any court action.
(I) Effective Date. This rule shall apply to all cases,
petitions, or motions described in section (A) filed on or
after September 1, 2003.
(Effective 9/1/03)
HCCLR 12
Juvenile Court and Family Court- RCW Titles 13, 26
(A) The Superior Court Judge of the District shall have all
of the authority conferred by law upon Juvenile CourtJudges
and Family Court Judges. The Judge may assign any duly
appointed constitutional Court Commissioner orappointed
elected sitting Judge of a respective county to act as a
Juvenile Court Commissioner or Family Court Commissioner.
Their duties and powers as such are as conferred by
applicable statute.
(B) The Judge of the District shall appoint a Juvenile
Court Administrator to oversee and supervise the Juvenile
Department. The Administrator shall hire staff, acquire
equipment, create necessary programs, and do all else
required to run a successful Department, all within the
fiscal constraints as set by the respective Boards of County Commissioners.
(C) The judge sitting as Juvenile Court Judge may make such
rules as are necessary for the conduct of the business of
said Juvenile Court.
(Effective 9/1/03)
HCCLR 13
Declination of Juvenile Court Jurisdiction
(A) The Court hereby declines jurisdiction to the
applicable adult District or Municipal Court of all traffic
infractions, traffic misdemeanors, or traffic gross
misdemeanors alleged to have been committed by a person 16
years old or older, but under 18 years of age.
(B) The Court hereby declines jurisdiction to the
applicable adult District or Municipal Court of all
Department of Fish and Wildlife infractions, DFW
misdemeanors, or DFW gross misdemeanors alleged to
have been committed by a person 16 years old or older, but under
18 years of age.
(C) The Juvenile Departments of the Superior Court of
Washington for Asotin, Columbia, and Garfield Counties
shall have exclusive jurisdiction over all infractions,
misdemeanors, or gross misdemeanors alleged to have
been committed by a person 15 years of age or less, and all
felonies alleged to have been committed by a person
under 18 years of age for which the person has not been
remanded by the Court to adult court.
(Effective 9/1/03)
HCCLR 14
Juvenile Offenders, Criminal History,
Penalty for Offense, Computation
(A) The prosecutor's office shall, prior to the time of
arraignment of a juvenile offender, serve on the respondent
and their counsel a pleading captioned "Criminal History,
Penalty for Offense" and file the pleading with the clerk.
This pleading shall set forth all data necessary to compute
the presumed penalty for each offense charged, including,
but not limited to the following:
(1) Name and date of birth of juvenile;
(2) Class, date committed and designation of prior offense(s);
(3) Name of court where convicted or county in which
diversion was granted on prior offense(s);
(4) Date of alleged current offense;
(5) Mathematical computation required, including all
figures and citations to the WAC rules; and
(6) Penalty.
(B) The pleading may be amended at any time prior to plea.
If an error is discovered subsequent to plea, the court
may either permit the plea to be withdrawn or find manifest
injustice and limit the penalty to that set forth in the
pleading or any amendment. If the error is discovered after
disposition, the court may vacate the judgment pursuant to
CR 60 and order such other proceedings as are appropriate in
the circumstance.
(Effective 9/1/03)
HCCLR 15
Alternate Residential Time Guidelines
(A) Alternate Residential Time. In order to facilitate
resolution of alternate residential time with a
nonresidential parent, the parties are encouraged to
consider the following nonbinding guidelines depending on
the child's age and geographical location of the parents,
and should also consider the factors presented in the Child
Centered Residential Schedules prepared by the Spokane
County Superior Court Guardian Ad Litem Committee and
published by the Spokane County Bar Association (available
for purchase through that Association):
(1) 0 to 6 months: Several times a week for short durations.
(2) 6 months to 1 year: Several times per week for short
durations, two hours, twice per week; four hours once per week.
(3) 1 year to 2 years: Four hours, twice per week; eight
hours once per week. These holidays alternated each year,
for eight hours each: Easter, 4th of July, Thanksgiving,
Christmas Eve, and Christmas Day, or equivalent.
(4) 2 years to 5 years: Four hours, twice per week.
Alternating weekends from Friday at 5:00 p.m. to Sunday at
5:00 p.m. These holidays alternated each year: Easter, 4th
of July, Thanksgiving for two days, Christmas Eve and two
days before, and Christmas Day and two days after,or
equivalent. Summer: Age 2, two non-consecutive one week
blocks; age 3 to 5, two non-consecutive two week blocks.
(5) 5 years and older: Every other weekend from Friday at
5:00 p.m. to Sunday at 5:00 p.m. If Friday is a school
holiday, the weekend begins Thursday at 5:00 p.m. If Monday
is a school holiday, the weekend ends Monday at 5:00 p.m.
One weekday from 5:30 p.m. to 7:30 p.m. these holidays
alternated: Martin Luther King Day, President's Day,
Memorial Day, 4th of July, Labor Day, Veteran's Day,
Thanksgiving from 5:00 p.m. the day before Thanksgiving Day
to the following Sunday at 5:00 p.m., Christmas or Winter
school break in even years from 5:00 p.m. after school
recesses to Christmas Eve at 8:00 p.m. and in odd years from
Christmas Eve at 8:00 p.m. until 5:00 p.m. the day before
school resumes.
(6) Summer and Spring Break. The Summer vacation
is defined as beginning 5:00 p.m. the Friday after
school is out until 5:00 p.m. the afternoon before
the third day before school resumes. The mid
point is the number of days of this defined
vacation divided by two. The parents will
alternate each year the first "half" and the
second "half" Summer vacation. Spring break will
be alternated each year from 5:00 p.m. after
school is out until 5:00 p.m. the day before
school resumes.
(7) Father's/Mother's Day. Every Mother's Day weekend
with Mother and every Father's Day weekend with Father.
(8) Birthdays. Each parent will have at least
four hours with the child to celebrate the
child's birthday, and the parent's birthday,
within two days of that birthday.
(9) Telephone contact. Reasonable telephonic
contact with the child is usually appropriate, and
should be not less than once per week for each
parent during that parent's nonresidential time.
(10) Different Age Groups. When children of
different age groups are involved, the
preference shall be to follow the guideline for
the oldest child, so that the children remain together.
(11) Cancellation. The failure to pick up a child
within one hour of the scheduled pick up time for
a weekend will be deemed a cancellation of same.
(12) Priorities. Holidays have priority over
other special occasions. Special occasions have
priority over school vacations.
(Effective 9/1/03)
HCCLR 16
Excusing Witnesses- CR 45 (g)
(A) A witness subpoenaed to attend in any case, criminalor
civil, is dismissed and excused from further attendance as
soon as he has given his testimony in chief for the party in
whose instance he was called and has been cross- examined
thereon, unless either party makes a request in open court
that the witness remain in attendance. Witness fees will
not be allowed any witness after the day on which their
testimony is given except when the witness has in open court
been required to remain in further attendance, andwhen so
required, the clerk shall note that fact in the clerk's minutes.
(Effective 9/1/03)
HCCLR 17
Presentation of Findings of Fact/ Conclusions of Law
(A) Within fifteen (15) days after a decision is rendered,
for every case requiring the entry of Findings of Fact and
Conclusions of Law, the prevailing party or party designated
by the Court shall submit Findings of Fact and Conclusions
of Law and shall deliver the same together with the proposed
Judgment to the opposing counsel or party.
(B) Any party objecting to the findings, conclusions shall
within fifteen (15) days after receipt of the same, deliver
to proposing counsel, and send to the trial Judge objections
thereto in writing, together with proposed substitutions, if
deemed appropriate. Upon receipt of the proposed document
and objections, the trial judge will within fifteen (15)
days sign and file with the clerk those pleadings that
accurately reflect the court's decision. Copies ofsame
will be forwarded to counsel or parties.
(C) If there are no objections received within the fifteen (15) day
period aforesaid, counsel may forward his submittal with
sufficient copies for all counsel to the Judge, who
shall, within ten (10) days thereafter, either (1) sign the
proposed Findings of Fact, Conclusions of Law and Judgment
and forward to the clerk for filing with conformed copies
for all counsel; or (2) return the Findings of Fact,
Conclusions of Law and Judgment, if deficient, to all
counsel noting the Court's requested changes oradditions thereto.
(Effective 9/1/03)
HCCLR 18
Post-Trial Motions- CR 59
(A) Motions for New Trial, Reconsideration or Judgment NOV.
Motions for new trial, reconsideration, or Judgment NOV
shall be submitted without oral argument unless the court
orders otherwise. The motion shall be served and filed as
provided in CR 59(b). At the time of filing the motion, the
moving party shall serve and file a Memorandum of Authorities
and deliver a copy of the motion and memorandum
to the trial Judge. The trial judge may (1) deny the
motion, (2) call for a written response from opposing
counsel, or (3) call for oral argument.
(Effective 9/1/03)
HCCLR 19
Justification of Sureties
(A) Any person or corporation desiring to post bail bonds
in a Superior Court of this District shall first obtain
an Order of Justification.
(B) All petitions for an Order of Justification shall be
in writing to the court and filed with the respective
Superior Court Clerk, and shall contain the following information:
All Sureties:
1. Types of bonds, an outline of the types of bonds
posted by the surety.
2. Current suretyship obligations, a current list of
all suretyship obligations to all courts within the
geographical limits of Washington State, including
the name of the court,the name of the defendant,
the amount of the bond, and the date issued.
3. Current bond foreclosures. A list of the current
obligations to the courts in the way of bond
forfeitures or other obligations incurred by the surety
which have not been paid, or a statement that there are none.
4. Presentation. The identity of the names and
addresses of all persons who will be delivering or
presenting bonds on behalf of the bonding surety.
5. Jurisdictions where surety has previously been
authorized to post bonds and jurisdictions denying
such authorization.
Corporations.
1. Power of Attorney.
a. Names of the agents authorized to execute bonds on
behalf of the surety.
b. The maximum dollar amount of any single bond which each
agent is authorized to execute.
2. A copy of the current Certificate of Authority
issued by theinsurance commissioner for the State of Washington.
3. Resident corporate agent.
a. The name and resident agent(s) for the
corporate surety in the State of Washington authorized to appear
and accept service on behalf of the corporate surety.
b. A copy of the power of attorney appointing
said person(s)as resident agent(s).
Individuals.
1. Individual name(s) of applicant(s).
2. Any fictitious names used by the applicant(s).
3. Resident address of individual applicant(s).
4. Business address of individual applicant(s).
5. Marital status of applicant(s) and, if applicable,
name(s) of spouse(s).
6. Verified financial statement, including the following
for real property assets: Street address and legal
description of property, current appraisal of the property
by a qualified real estate appraiser, who is a
member of the American Institute of Appraisers,
or a statement of the appraiser that there has
been no change in the value of the property
since the last appraisal of the property,
whether the real estate is being purchased on
contract or subject to mortgage, deed of trust,
or other encumbrance, disclose how the property
is being obtained, purchase price, unpaid
balance, notarized confirmation that real
property taxes and all hazard insurance are
current and coverage limits. For personal
property include all financial accounts, stocks,
bonds cash, and other investments.
7. Liabilities, Including Unsatisfied Judgments.
If unsatisfied Judgment(s) are included, list
court, title of cause, cause number, date of
Judgment, judgment creditor, and amount of
unsatisfied Judgment.
8. Net worth.
9. Current property bond obligations in the State
of Washington by name of Court, name of
defendant, amount of the bond, date of issuance of bond.
10. Driver's license number, state, and expiration date.
11. Criminal history. Provide any criminal history conviction
information for each applicant or employee of
applicant who will be performing services
hereunder, including name of crime convicted of
committing, name of court, case number, date of
offense and date of conviction.
(C) All Petitions for Order of Justification shall be
verified. All initial Orders of Justification shall be
effective until the next April 30 following entry of the
Order. All Orders of Justification, other than the
initial order, shall be effective from May 1 of one year
to the following April 30. All petitions shall be
accompanied by a proposed Order of Justification. An
initial Petition shall be accompanied by a full filing
fee. Renewal petitions shall be accompanied by an ex
parte fee. Petition for Renewals must be filed on or
before April 30 of each year otherwise a full filing
fee is due. The Petition for Renewal will include a verified
statement that there have been no changes since the last
petition or set forth the changes.
(Effective 9/1/03)
HCCLR 20
Guardian ad Litem - RCW 11.88, RCW 13.34.102
(A) R.C.W. 11.88.090 and R.C.W. 13.34.102 as the same now
exist or are hereafter amended are hereby adopted and
incorporated herein by this reference thereto as if
the same were set forth herein in full.
(B) Any person successfully completing the CASA GAL
training program offered by the Second Judicial District for
the State of Idaho in Nez Perce County with Washington
supplementation or similar training in this State shall
qualify for the Court's R.C.W. 13.34.102 registry for any
county in the District upon request and submission of credentials.
(C) Any grievance or dispute regarding any Guardian ad
Litem shall be presented in writing to the Court for
submission to a committee of not less than three persons
selected by the Court, two of whom must be elected
for the respective county, and the third, the Juvenile Court
Administrator of the respective county. The committee shall
have the authority to obtain a written response, hold a
hearing, and make recommendations to the Court ranging from
dismissal of the grievance to removal and replacement of the
Guardian ad Litem.
(Effective 9/1/03)
HCCLR 21
Commissioners/Elected Sitting Judge Pro Tems (SAR 6)
(A) Duties. By law, in each county, the Court may appoint
up to three constitutional Court Commissioners(registered
to vote in and resident of the county in which theyserve)
and as many standing Court Commissioners as are necessary to
conduct the business of the Court. Court Commissioners
shall perform duties as assigned by the court and serve at
the leisure of the Court. Court Commissioners have all
powers conferred by law, including the authority to accept
pleas in criminal matters.
(B) Direction. Commissioners discharge their duties under
the general direction of the presiding Judge. In order to
expedite pending matters, a Commissioner may request other
Commissioner to hear a matter not otherwise assigned to the
latter Commissioner.
(C) Portable Judges. The Court may appoint up to 3 elected
sitting Judge Pro Tems per county pursuant to Supreme Court
Administrative Rule 6. Any duly appointed Judge Pro Tem may
perform any act or duty authorized to be performed by
the Judge of this District.
(Effective 9/1/03)
HCCLR 22
Court Facilitator in Pro Se Dissolution Cases
The Court shall appoint a Court Facilitator for each
county in the District to assist pro se parties in
filling out forms in family law cases who need and
request assistance. The clerk of each Court will make
the name and telephone number of the person available
to the public and to any person who purchases a pro se
packet from the clerk's office.
(Effective 9/1/03)
|
|
