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Benton/Franklin Counties
Superior Court Local Rules
Table of Local Rules
Local General Rules (LGR)
2 Administrative Presiding Judge and Assistant Administrative Presiding Judge
Local Civil Rules (LCR)
4 Civil Case Schedule
4.1 Cancellation or Confirmation of Status Conference
4.2 Status Conference; Noncompliance Hearing
5 Briefs
7 Pleadings Allowed; Form of Motions
16 Pre-Trial Procedure
40 Assignment of Cases
42 Consolidation; Separate Trials
47 Jurors
48 Juries of Less Than Twelve
51 Instructions to Jury and Deliberation
52 Findings of Fact and Conclusions of Law
53.2 Court Commissioners
56 Summary Judgment
58 Entry of Judgment
59 New Trial, Reconsideration, and Amendments of Judgments
4 Seizure of Person or Property
65 Injunctions
77 Superior Courts and Judicial Officers
79 Books and Records Kept by the Clerk
81 Applicability in General
Local Domestic Relation Rules
94.04W Domestic Relations
94.05W Mandatory Parenting Seminars
94.06W Mandatory Mediation of Child Placement and Visitation Issues
94.07W Domestic Relations Motions
95.00W Domestic Relations Waiver of Age to Marry
96.00W Change of Name of Stepchild
Local Special Proceedings Rules (LSPR)
98.18 Court-Created Trusts
98.20 Estates-Guardianships
Local Guardian Ad Litem Rules (LGAL)
1 Scope
2 Registry Administration
5 Appointment of Guardian Ad Litem
7 Grievance Procedure
Local Mandatory Arbitration Rules (LMAR)
1.1 Application of Rules
1.2 Matters Subject to Arbitration
2.1 Transfer to Arbitration
2.3 Assignment to Arbitrator
3.1 Qualification of Arbitrators
3.2 Authority of Arbitrators
4.2 Discovery
4.4 Notice of Settlement
5.1 Notice of Hearing
5.2 Pre-Hearing Statement of Proof - Document Filed with Court
6.1 Form and Content of Award
6.2 Filing of Award
7.1 Trial De Novo
8.3 Effective Date
8.4 Title and Citation
8.6 Compensation of Arbitrator
8.7 Administration
Local Criminal Rules (LCrR)
2.3 Review of Sealed Affidavits and Search Warrants
3.1 Rights to and Assignment of Counsel
3.2 Release of Accused
3.4 Court Appearance of Defendants
4.2 Pleas and Continuances
4.5 Omnibus Hearings
4.9 Pre-Trial Hearings
4.11 Trial Confirmation
7.1 Procedure Before Sentencing
7.2 Sentencing
Local Juvenile Court Rules (LJUCR)
Title I. General Provisions Scope and Application Of Rules
1.1 Scope of Rules, Purpose of Rules, Effective Date, Amendments
1.6 Juvenile Court Administrator Duties and Authority
1.7 Court Forms
1.8 Publication
1.9 Continuances
1.10 Issuance and Service
1.11 Medical Consent Authorization
1.12 Briefs and Other Documents
Title II. Shelter Care Proceedings
2.3 Shelter Care Hearings
2.4 Case Schedule
Title III. Dependency Proceedings
3.2 Dependency Petitions
3.3 Case Conference
3.4 Telephone Status Conference
3.5 Uncontested Fact-Finding Date
3.6 Contested Fact Finding Hearings
3.7 Disposition Hearing
3.8 Dependency Review Hearing
3.9 Guardianship in Juvenile Court
Title IV. Proceedings to Terminate Parent-Child Relationship
4.1 Invoking Jurisdiction of Juvenile Court
4.2 Pleadings
4.3 Notice of Termination Hearing
4.4 Discovery in Proceedings to Terminate Parent-Child Relationship
4.5 Scheduling the Termination Hearing of Parental Rights
Title V. Proceedings for Alternative Residential Placement
5.2 Alternate Residential Placement Petitions
5.6 Disposition Hearing
5.7 Review Hearings; Alternative Residential Placements
Title VI. Juvenile Offense Proceedings Diversion Agreements
6.6 Termination/Modification of Diversion Agreements
Title VII. Juvenile Offense Proceedings in Juvenile Court
7.3 Detention and Release
7.6 Arraignment and Pleas
7.7 Pleas of Guilty
7.12 Dispositional hearing - Offender Proceedings
7.15 Motions - Juvenile Offense Proceedings
7.16 Bail
7.17 Bench Warrants
7.18 Violations of Community Supervision
Title VIII. Declining Juvenile Court Jurisdiction Over an Alleged Juvenile Offender
8.3 Declining Juvenile Court Jurisdiction Over an Alleged Juvenile Offender
Title IX. Right to Lawyer and Experts in All Juvenile Court Proceedings
9.2 Right to Counsel
9.4 Appointment of Non-lawyer Guardian Ad Litem
Title X. Juvenile Court Records
10.2 Recording Juvenile Court Proceedings
10.3 Inspection/Release of Information
10.10 Notice and Advisement Juvenile Offender Records
Title XI. Supplemental Provisions [Reserved]
Local General Rule 2
Administrative Presiding Judge and Assistant Administrative Presiding Judge
(a) Election, Term, Vacancies, and Removal.
(1) Election. The administrative presiding judge and assistant
administrative presiding judge shall be elected by a majority vote of the
judges. Said elections shall occur at the December judge's meeting in odd
numbered years.
(2) Term. The administrative presiding judge and assistant administrative
presiding judge shall each serve for a term of two years. The terms of the
presiding judge and assistant presiding judge first elected pursuant to this
rule shall expire on December 31, 2003.
(3) Vacancies.
(A) Administrative Presiding Judge. In the event of a vacancy in the office
of the administrative presiding judge prior to the completion of the two-year
term of the administrative presiding judge, the assistant administrative
presiding judge shall serve as administrative presiding judge for the remainder
of the un-expired term.
(B) Assistant Administrative Presiding Judge. In the event of a vacancy in
the office of the assistant administrative presiding judge prior to the
completion of the two year term of the assistant administrative presiding
judge, a new assistant administrative presiding judge shall be elected pursuant
to subsection (1) above at the next regularly scheduled judge's meeting. The
newly elected assistant administrative presiding judge shall serve for the
remainder of the un-expired term.
(4) Removal. The administrative presiding judge and assistant
administrative presiding judge may be removed by a majority vote of the judges
after noting the issue on the agenda for the next regularly scheduled judge's meeting.
(5) Executive Committee. The Judges of the Superior Court, sitting as a
whole as an executive committee, shall advise and assist the administrative
presiding judge in the administration of the court.
(6) Liaison Judges. Individual judges may be assigned responsibility for
certain management areas and court functions. The responsibility of the
assigned judge is to act as a liaison between the court and others concerned
about matters that fall within the management area or court function. The
assigned judge shall keep the administrative presiding judge and executive
committee informed about the management area or court function and shall make
such reports as are necessary to the executive committee at the regularly
scheduled judges meetings. The court administrator shall maintain the list of
the liaison assignments that shall be available, upon request, to the public.
(7) Court Administrator. The court administrator shall, under the direction
of the executive committee, supervise the administration of the court.
[Adopted effective April 9, 2002, September 1, 2010]
Local Civil Rule 4
CIVIL CASE SCHEDULE
(a) Case schedule. Except as otherwise provided in these rules or ordered
by the Court, when an initial pleading is filed and a new case file is opened,
the Court Administrator or Superior Court Clerk will prepare and file a
scheduling order (referred to in these rules as a "Case Schedule") and will
provide one copy to the party filing the initial pleading.
(b) Effective Date. This rule shall apply to all cases filed on or after
January 1, 2001 except as provided below.
(c) Cases Not Governed by a Civil Case Schedule. Unless otherwise ordered
by the Court, the following cases will not be issued a Case Schedule on filing:
(1) Change of name;
(2) Proceedings under RCW title 26.
(3) Paternity
(4) Harassment (RCW chapter 10.14);
(5) Proceedings under RCW title 13;
(6) Unlawful detainer;
(7) Foreign judgment;
(8) Abstract or transcript of judgment;
(9) Petition for Writ of Habeas Corpus, Mandamus, Restitution, or Review, or any other Writ;
(10) Civil commitment;
(11) Proceedings under RCW chapter 10.77;
(12) Proceedings under RCW chapter 70.96A;
(13) Proceedings for isolation and quarantine;
(14) Injunction;
(15) Guardianship;
(16) Probate;
(17) Proceedings under RCW chapter 36.70C;
(18) Tax Warrants;
(19) Lower Court Appeals;
(20) Administrative Law Reviews (Appeals of Administrative Agency Decisions);
(21) Emancipation of Minor;
(22) Defacto Parenting;
(23) Minor Settlements;
(24) Condemnations; and
(25) Petitions for Transfers of Structured Settlements under RCW 19.205;
(26) Tax Foreclosures.
(d) Service of Case Schedule on Other Parties.
(1) The party filing the initial pleading shall promptly provide a copy of
the Case Schedule to all other parties by (a) serving a copy of the Case
Schedule on the other parties along with the initial pleading, or (b) serving
the Case Schedule on the other parties within 10 days after the later filing of
the initial pleading or service of any response to the initial pleading,
whether that response is a notice of appearance, an answer, or a CR 12 motion.
(2) A party who joins an additional party in an action shall serve the
additional party with the current Case Schedule together with the first
pleading served on the additional party.
(e) Amendment of Case Schedule. The Court, either on motion of a party or
on its own initiative, or at a Status Conference requested by the parties, may
modify the Case Schedule for good cause. The Court shall freely grant a motion
to amend the case schedule when justice so requires. The motion shall include
a proposed Amended Case Schedule. If a Case Schedule is modified on the
Court's own motion, the Court Administrator will prepare and file the Amended
Case Schedule and promptly mail it to all parties. Parties may not amend a Case
Schedule by stipulation without approval of the Court.
(f) Form of Case Schedule.
(1) Case Schedule. A Case Schedule for each type of case, which will set
the time period between filing and trial and the scheduled events and deadlines
for that type of case, will be established by the Court by General Order, based
upon relevant factors, including statutory priorities, resources available to
the Court, case filings, and the interests of justice.
(2) Form. A Case Schedule will be in generally the following form:
SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR BENTON AND FRANKLIN COUNTIES
)
) Case No.
Plaintiff(s) )
) CIVIL CASE SCHEDULE ORDER
V. ) (ORSCS)
)
)
Defendant(s) )
I. SCHEDULE
DUE DATE
1. Cancellation / Confirmation of Status Conference 3 Months
2. Last Date for Filing Motions to Change Trial Date 4 Months
3. Status Conference 4 Months
4. Plaintiff's Disclosure of Lay and Expert Witnesses 4 Months
5. Defendant's Disclosure of Lay and Expert Witnesses 6 Months
6. Disclosure of Plaintiff's Rebuttal Witnesses 6 1/2 Months
7. Disclosure of Defendant's Rebuttal Witnesses 7 Months
8. Discovery Completed 9 1/2 Months
9. Last Date for Filing Statement of Arbitrability 9 1/2 Months
10. Last Date for Filing Jury Demand 10 Months
11. Settlement Position Statements filed by all parties 10 Months
12. Last Date for Filing Dispositive Pretrial Motions 10 Months
13. Settlement Conference 10 1/2 Months
14. Last Date for Filing and Serving Trial Management Report 11 1/2 Months
15. Pretrial Management Conference 11 1/2 Months
16. Trial Memoranda and Motions In Limine to be filed... 2 Weeks to Trial
17. Trial Date and Motions in Limine 12 Months
II. ORDER
IT IS ORDERED that all parties comply with the foregoing schedule.
DATED this ______________ day of ____________________, _______________
______________________________________
Judge
NOTICE TO PLAINTIFF:
The plaintiff may serve a copy of the Case Schedule Order on the defendant(s)
along with the summons and complaint. Otherwise, the plaintiff shall serve
the Case Schedule Order on the defendant(s) within ten (10) days after the
latter of: (1) the filing of the summons and complaint or (2) service of the
defendant's first response to the complaint, whether that response is a Notice
of Appearance, an Answer, or a CR 12 Motion.
(g) Monitoring. At such times as the Presiding Judge may direct, the Court
Administrator will monitor cases to determine compliance with these rules.
(h) Enforcement; Sanctions; Dismissal; Terms.
(1) Disclosure of Possible Lay and Expert Witnesses.
(A) Disclosure of Primary Witnesses. Each party shall, no later than the
date for disclosure designated in the Case Schedule, disclose all persons with
relevant factual or expert knowledge whom the party believes are reasonably
likely to be called at trial.
(B) Disclosure of Rebuttal Witnesses. Each party shall, no later than the
date for disclosure designated in the Case Schedule, disclose all persons whose
knowledge did not appear relevant until the primary witnesses were disclosed
and whom the party reserves the option to call as witnesses at trial.
(C) Scope of disclosure. Disclosure of witnesses under this rule shall
include the following information:
i. All witnesses. Name, address, and phone number.
ii. Lay witnesses. A brief description of the anticipated subject matter of
the witness' testimony.
iii. Experts. A summary of the expert's opinions and the basis therefor
and a brief description of the expert's qualifications.
(D) Exclusion of Testimony. Any person not disclosed in compliance with
this rule may not be called to testify at trial, unless the Court orders
otherwise for good cause and subject to such conditions as justice requires,
including the payment of terms.
(E) Discovery Not Limited. This rule does not modify a party's
responsibility under court rules to respond to or seasonably supplement
responses to discovery or otherwise to comply with discovery before the
deadlines set by this rule.
(2) If the Court finds that an attorney or party has failed to comply with
the Case Schedule, failed to provide all of the information required in witness
disclosures or disclosed witnesses that are not reasonably likely to be called
at trial 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 expense as a result of the failure to comply, or both; in
addition, the Court may impose such other sanctions as justice requires.
(3) As used with respect to the Case Schedule, "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.
(4) Except for good cause shown, trials in all civil cases subject to Rule 4
shall trail for one day. That is, trials of cases in Benton County will be
called on Mondays, but the parties must be prepared to begin trial on the next
day (Tuesday). Similarly, trials of case in Franklin County will be called on
Wednesdays, but the parties must be prepared to begin trial on the next day (Thursday).
[Adopted Effective September 1, 2000; Amended September 1, 2001, September 1, 2003,
September 1, 2004, September 1, 2005, September 1, 2006, September 1, 2007,
September 1, 2009, September 1, 2010, September 1, 2011.]
Local Civil Rule 4.1
CANCELLATION OR CONFIRMATION OF STATUS CONFERENCE
(a) Scope. This rule shall apply to all cases governed by a Case Schedule
pursuant to LR 4.
(b) Cancellation or Confirmation of Status Conference; Form. If all parties
do not sign the Cancellation or Confirmation of Status Conference form or give
telephonic authority for signature on the form, a status conference shall be
held. The plaintiff shall, after conferring with all other parties, file,
serve, and provide to the Court Administrator's Office, a form entitled
"Cancellation or Confirmation;" which will be in substantially the following form:
SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR BENTON AND FRANKLIN COUNTIES
)
Plaintiff(s) ) Case No.
)
V. ) CANCELLATION/CONFIRMATION
) OF STATUS CONFERENCE
)
Defendant(s) )
I. CANCELLATION
[ ] The parties make the following joint representations and
hereby cancel the scheduled Status Conference:
1. No additional parties will be joined.
2. All parties have been served or have waived service.
3. All mandatory pleadings have been filed.
4. No additional claims or defenses will be raised
5. None of the parties desire revision to the case schedule
6. All parties have cooperated in completing this report.
II. CONFIRMATION
[ ] The parties are unable to make the foregoing joint representation
and require a status conference, as explained below:
IF THE ABOVE BOX IS CHECKED, THERE WILL BE A TELEPHONIC
STATUS CONFERENCE, AS NOTED IN THE CASE SCHEDULE, AT WHICH
ALL PARTIES OR THEIR ATTORNEYS MUST APPEAR.
[ ] An additional party will be joined.
[ ] A party remains to be served.
[ ] An additional claim or defense will be raised.
[ ] One or more parties desire revision to the Case Schedule.
[ ] A party has refused to cooperate in drafting this report.
[ ] Other explanation:
_________________________________________________________
In order to obtain the Court's direction in the matters described
above, the parties will appear at an initial telephonic conference,
the date of which, as stated in the Case Schedule, is:
____________________________________________________________________
PLAINTIFF or PLAINTIFF'S ATTORNEY
DATED: ____________ SIGNED: _________________________________________
Typed Name: ______________________________________ WSBA #: ______________
Address: ________________________________________________________________
Phone: _____________
Attorney(s) for: ___________________________________________________________
DEFENDANT or DEFENDANT'S ATTORNEY
DATED: ____________ SIGNED: _________________________________________
Typed Name: ______________________________________ WSBA #: ______________
Address: ________________________________________________________________
Phone: _____________
Attorney(s) for: ___________________________________________________________
(c) Parties to Confer in Completing Form. The plaintiff shall confer with
all other parties in completing the form. If any party fails to cooperate in
completing the form, any other party may file and serve the form and note the
refusal to cooperate.
(d) Status Conference. All parties must, on the date designated by the
Court in the Case Schedule, participate in a telephonic status conference with
a Judge, Commissioner or Special Master designated by the Court Administrator.
See LR 4.2.
(e) Additional Parties, Claims, and Defenses. No additional parties may be
joined, and no additional claims or defenses may be raised, after the date
designated in the Case Schedule for Status Conference, unless the Court orders
otherwise for good cause and subject to such conditions as justice requires.
(f) Party-initiated Status Conference. Parties are encouraged at any time
to contact the Court Administrator to schedule a telephonic status conference
to assist the parties in resolving case scheduling problems, including requests
to change the trial date.
(g) Cases Subject to Mandatory Arbitration. If a statement of arbitrability
pursuant to LMAR 2.1 is filed, the case will then be governed by LMARs unless
and until there is a request for a trial de novo or the case is otherwise
removed from the Mandatory Arbitration Calendar pursuant to LMAR 7.1
[Adopted Effective September 1, 2000; Amended Effective September 1, 2001,
September 1, 2009, September 1, 2011]
Local Civil Rule 4.2
STATUS CONFERENCE; NONCOMPLIANCE HEARING
(a) Scope. This rule shall apply to all cases governed by a Case Schedule pursuant to LR 4.
(b) Non-Compliance Hearing. If a party fails to appear for a required Status Conference as
set by the Case Schedule, the Court shall issue an order to show cause addressing a non-compliance
hearing to be held before the Judge, Commissioner or Special Master. At that hearing the Court
may enter an order of default against the party that failed to appear, may order the Case Schedule
to be met by specific dates, continue the hearing, dismiss the case, impose terms or sanctions, or
take other action to enforce the court rules regarding the Case Schedule. Attendance at the
compliance hearing is mandatory for every party that failed to appear at the Status Conference.
[Adopted Effective September 1, 2000, September 1, 2009, September 1, 2011, September 1, 2012]
Local Civil Rule 5
BRIEFS
All briefs, declarations, affidavits, and other supporting written
documentation pertaining to trials, summary judgments motions, lower court
appeals and appeals from decisions of administrative agencies (except the
record transferred by the agency) and any other motions, and other documents
submitted for hearings, such as pre-trial position statements in domestic
cases, trial management reports, proposed findings of fact and conclusions of
law and judgments, motions and sentencing position statements in criminal
matters, and guardian ad litem reports (including criminal and domestic
relations), shall be served and filed in the cause. Unless a party does not
have access to a computer or the internet, bench copies of all such documents,
as well as settlement position statements in civil and domestic cases, shall be
submitted electronically via the internet at http://motion.co.franklin.wa.us/.
Parties without access to a computer and the internet shall deliver bench
copies to the Court Administrator. All bench copies must be submitted not
later than nine (9:00) o'clock a.m. one court day prior to the scheduled
hearing, proceeding or trial. No bench copies, except settlement position
statements, shall be submitted to the Court unless prior thereto or
simultaneously therewith a copy thereof has been served upon or mailed to
opposing counsel. All paper bench copies will be destroyed one (1) week after
the original date noted for hearing unless counsel requests copies be returned,
with return postage arranged, or unless Court Administration is advised of the
new hearing date. When hearings are continued, the parties shall amend the
hearing date associated with all bench copies submitted electronically.
Bench copies of the following documents should not be electronically submitted:
Notices of hearings, notes for dockets, transmittal letters, proposed
statements of defendant on plea of guilty, proposed judgments and sentences and
proofs of service (unless service is at issue).
[Adopted effective April 1, 1986; Amended effective September 1, 2000;
September 1, 2001; September 1, 2002; September 1, 2003; September 1, 2005,
September 1, 2007, September 1, 2009, September 1, 2011, September 1, 2012]
Local Civil Rule 7
PLEADINGS ALLOWED; FORM OF MOTIONS
(b) Motions and Other Papers.
(1) Memorandum of Authorities and Affidavits Required.
(A) The moving party shall serve and file with his or her Motion a brief
written statement of the Motion and a brief containing reasons and citations of
the authorities on which he or she relies. If the Motion requires the
consideration of the facts not appearing of record, he or she shall also serve
and file copies of all affidavits and photographic or other documentary
evidence he intends to present in support of the motion.
(B) Each party opposing the Motion shall at least one (1) day prior to the
argument, serve upon counsel for the moving party and file with the Clerk a
brief containing reasons and citations and of the authorities upon which he
relies, together with all affidavits and photographic or other documentary
evidence any supporting material.
(2) Necessary Provision in Pleadings Relating to Supplemental Proceedings
and Show Cause Hearings for Contempt. In all supplemental proceedings wherein
an order is to be issued requiring the personal attendance of a party to be
examined in open court, and in orders to show cause for contempt, the order
must include the following words in capital letters:
YOUR FAILURE TO APPEAR AS ABOVE SET FORTH AT THE TIME, DATE, AND
PLACE THEREOF WILL CAUSE THE COURT TO ISSUE A BENCH WARRANT FOR YOUR
APPREHENSION AND CONFINEMENT IN JAIL UNTIL SUCH TIME AS THE MATTER
CAN BE HEARD OR UNTIL BAIL IS POSTED.
No bench warrant will be issued in such cases for the apprehension of the cited
person if such language has been omitted.
(3) Counsel Fees. Appointed counsel submitting motions for fixing or
payment of fees and counsel requesting that the Court fix fees in any other
case (except for temporary fees in domestic relation cases) should itemize
their time, services rendered, or other detailed basis for the fees requested
and attach a copy thereof to the motion.
(4) Action Required by Clerk. All documents filed with the Clerk, other than a
note for the motion or trial dockets (see LCR 40) which require any action (other than
filing) by the Clerk shall contain a motion in the caption specifying the
nature of the document the words: "CLERK'S ACTION REQUIRED."
(5) Motion to Shorten Time All motions to shorten time must be in writing and
supported by declaration or affidavit that (a) states exigent circumstances or other
compelling reasons why the matter must be heard on shortened time and (b)
demonstrates due diligence in the manner and method by which notice, or
attempted notice, was provided to all other parties regarding the presentation
of the motion to shorten time. If the moving party, after showing due
diligence, has been unable to notify all parties of the motion to shorten time,
it is within the judicial officer's discretion to proceed with the motion to
shorten time. The judicial officer shall indicate on the order shortening time
the minimum amount of notice to be provided the responding party, which,
barring extraordinary circumstances as set forth in the declaration or
affidavit supporting the motion, shall not be less than 48 hours. The court
file must be presented along with the motion to shorten time, declaration or
affidavit, and the proposed order to the judicial officer considering the request.
(6) Document Format. Documents prepared for a judge's signature must contain
at least two (2) lines of text on the signature page.
(7) Hearing of Motion Calendar.
(A) Note for Motion Docket. Any attorney desiring to bring any issue of law
on for hearing shall file with the Clerk and serve on all opposing counsel, not
later than five (5) days prior to the day on which the attorney desires it to
be heard, a note for the motion docket which note shall contain the title of
the court, the cause number, a brief title of the cause, the date when the same
shall be heard, the words "Note for Motion Docket," the name or names of each
attorney involved in the matter, the nature of the motion , and by whom made.
It shall be subscribed by the attorney filing the same and shall bear the
designation of whom the attorney represents. The foregoing provisions shall
not prohibit the hearing of emergency motions at the discretion of the Court.
(B) Over 10 Minutes for Hearing. If the moving party expects the motion to
take more than ten (10) minutes to argue by all sides collectively, the movant
shall designate on the note for motion docket that the matter is "over 10
mintes." If the non-moving party expects the argument to take over ten (10
minutes by all sides, the non-movant shall call the Clerk's Office not later
than two (2) court days prior to the scheduled hearing and so advise the Clerk.
(C) Removal of Motion. If the motion is not so served, mailed, and filed the
Court may strike the same from the calendar.
(D) Service of Notice. The motion will not be heard unless there is on file
proof of service of notice upon the attorney for the opposing party or there is
an admission of service by opposing counsel.
(E) Continuance or Striking of Noted Motions by Parties. A matter noted on
the motion docket may be continued pursuant to the following:
i. The moving party may strike or continue a motion at any time without cause
with adequate notice to the opposing parties. Sanctions may be imposed if the
opposing party's appearance at the hearing could have been avoided through due
diligence of the moving party.
ii. Upon a showing of cause, the Court, in its discretion, may grant the
non-moving party's request for a continuance.
iii. The party striking any matter may give notice to the non-moving parties by
any means reasonably likely to provide actual notice. The clerk may be notified
either by written notice or by e-mail notification. Notice to the Franklin County Clerk
may be emailed to the following address: civilclerk@co.franklin.wa.us for civil cases;
and domesticclerk@co.franklin.wa.us for domestic cases. Notice to the Benton County Clerk
may be emailed to the following address: clerk@co.benton.wa.us.
iv. If the matter is stricken or continued and the moving party desires a
hearing, a new note for motion docket must be filed with the Clerk in
accordance with section (A), above. However, by mutual consent the parties may
dispense with a new note for docket for motions that are continued.
(F) Calling Docket - Priority for Pro Bono Counsel. The causes on the civil
docket for each motion day will be called in order, and the moving party, if
no one appears in opposition, may take the order moved for upon proper proof of
notice, unless the Court shall deem it unauthorized. In order to encourage
participation in pro bono legal representation, all motions, where on or both
parties are represented by pro bono counsel, shall, at the request of the
pro bono attorney be given priority on the docket. Such priority shall be given
without any reference as to the reason why. All parties are to appear in person.
(G) Continuances by Court. Any motion or hearing may be continued by the
Court to a subsequent motion day or set down by the Court for hearing at another
specified time, and the Court may alter the order of hearing as may be
necessary to expedite the business of court.
(H) Frivolous Motions. Upon hearing any motion, if the Court is of the opinion that
such motion is frivolous, or upon granting a continuance of any matter, terms
may be imposed by the Court against the party filing such motion, or
against the party at whose instance such continuance is granted.
(I) Ex Parte - Notice to Opposing Counsel. Lawyers should not ask the Court
for ex parte orders without proper notice to opposing counsel, if counsel
has appeared either formally or informally. This rule applies to
temporary restraining orders and orders to show cause in domestic
relations cases, as well as all other types of matters. (See Rule 65.)
(J) Decisions Without Oral Argument. Upon agreement of the parties, or upon
request of the Court, a motion may be determined without oral argument. The
moving party shall contact Court Administration to request a decision under this rule.
(K) Discovery Motions. The Court will not entertain any Motion or objection
with respect to Rules 26, 27, 30, 31, 33, 34, 35 or 36, Civil Rules for
Superior Court unless it affirmatively appears that counsel have met and
conferred with respect thereto. Counsel for the moving or objecting party
shall arrange such a conference. If the Court finds that counsel for any
party, upon whom a Motion for an objection with respect to matters covered by
such rules is served, willfully refused to meet and confer, or having met,
willfully refused or fails to confer in good faith, the Court may take
appropriate action to encourage future good faith compliance. In the event of
an emergency, the Court will entertain Motion objections which would otherwise
be governed by the above rule.
(L) Argument on the civil docket shall be limited to one (1) hour.
[Adopted Effective April 1, 1986; Amended Effective August 1, 1990; September 1, 2002,
September 1, 2009, September 1, 2011]
Local Civil Rule 16
PRE-TRIAL PROCEDURE
(a) Settlement Conferences. In all cases governed by a Case Schedule
pursuant to LR 4, the Court shall schedule a settlement conference.
(1) Preparation for Conference.
(A) No later than the date set forth on the civil case schedule order, all
parties shall prepare a position statement and shall mail or deliver it to the
court administrator. No fax copies will be accepted by the court. Position
statements shall not be filed in the court file. No party shall be required to
provide a copy of the position statement to any other party. The position
statement shall include the following:
(i) A brief non-argumentative summary of the case.
(ii) A statement of whether liability is admitted, and if not, the
plaintiff's theory or theories of liability and the defendant's theory or
theories on non-liability.
(iii) A list of all items of special damages claimed by the plaintiff and
a statement of whether any or all of those are admitted by the defendant.
(iv) An explanation of the general damages, including a summary of the
nature and extent of any claimed disability or impairment.
(v) A statement of what settlement offers have been made thus far, if any.
(vi) The position statement is to be a summary only. It is not to
include a copy of any exhibits, medical reports, expert witness reports, etc.
Generally the length of the summary will be 1 - 5 pages. The summary should
take the form of a letter that begins with a reference to the name of the case
and the cause number. It should not be in the form of a pleading.
(2) Parties to Be Available.
(A) The parties and counsel shall attend the settlement conference except on
prior order of the Court upon good cause shown.
(B) Representative of Insurer. Parties whose defense is provided by a
liability insurance company need not personally attend the settlement
conference, but a representative of the insurer of said parties shall be
available by telephone or in person with sufficient authority to bind the
insurer to a settlement.
(3) Private Mediation. Regardless of whether mediation is court-ordered,
parties may seek an order allowing them to opt out of the settlement conference
by filing a stipulation and order with Court Administration. The request must
include a letter from a mediator and signed on behalf of all parties that the
case has been medicated or that mediation has been scheduled to occur on or
before the date of the settlement conference.
(4) Failure to Attend.
(A) Sanctions. Failure to comply with the provisions of paragraphs 1 and 2 above
may result in the imposition of terms and sanctions as the Court may deem appropriate.
(B) Default. Failure to appear at the settlement conference, without
prior approval of the court, may constitute an act of default. Any party
appearing at the settlement conference may move for default pursuant to CR 55.
Costs and terms may be assessed at the discretion of the court.
(5) Proceedings Privileged. Proceedings of said settlement conference shall
in all respects be privileged and not reported or recorded. No party shall be
bound unless a settlement is reached. When a settlement has been reached, the
Judge may in his/her discretion order the settlement agreement in whole, or, in
case of a partial agreement, then the terms thereof, to be reported or recorded.
(6) Continuances. Continuances of settlement conferences may be authorized
only by the Court on timely application.
(7) Pretrial Power of Court. If the case is not settled at a settlement
conference, the Judge may nevertheless make such orders as are appropriate in a
pretrial conference under CR 16.
(8) Judge disqualified for trial. A Judge presiding over a settlement
conference shall be disqualified from acting as the trial Judge in that matter,
as well as any subsequent summary judgment motions, unless all parties agree
otherwise in writing.
(a) Pretrial Conference/Trial Exhibits. In cases that are governed by a Case
Schedule pursuant to LR 4, the Court shall schedule a Pretrial Conference,
which shall be attended by the lead trial attorney of each party who is
represented by an attorney and by each party who is not represented by an
attorney. The parties must jointly prepare a Trial Management Report.
Trial counsel shall submit to the court clerk at the Pre-Trial
Conference all proposed trial exhibits for which the parties have
stipulated to admissibility, and to index said exhibits numerically.
Unless ordered otherwise, exhibit numbers 1 through 99 shall be
allocated to the plaintiff(s) and exhibit numbers 100 and above are
allocated to the defendant(s).
(b) Trial Management Report. In cases governed by a Civil Case Schedule Order
pursuant to LR 4, the parties must jointly prepare a Trial Management Report.
The plaintiff shall prepare an initial report and serve it upon all opposing
parties no later than two weeks prior to the date it is due under the Civil
Case Schedule Order. The Report shall be filed with the Court, with a copy
served on the court administrator. The Report shall contain:
(1)Nature and brief, non-argumentative summary of the case;
(2) List of issues that are not in dispute;
(3) List of issues that are disputed;
(4) Index of exhibits (excluding rebuttal or impeachment exhibits);
(5) List of plaintiff's requests for Washington Pattern Jury Instructions;
(6) List of defendant's requests for Washington Pattern Jury Instructions;
(7) List of names of all lay and expert witnesses, excluding rebuttal witnesses;
(4) Suggestions by either party for shortening the trial.
(5)(c) Parties to Confer in Completing Report. The attorneys for all parties in
the case shall confer in completing the Trial Management Report. If any party fails to
cooperate in completing the report, any other party may file and serve the
report and note the refusal to cooperate.
(d) Sanctions. On motion or on its own, the court may issue any just orders,
including those set forth herein, if a party or its attorney: (i) fails to appear at a
scheduling or other pretrial conference; (ii) is substantially unprepared to
participate - or does not participate in good faith - in the conference; or
(iii) fails to obey a scheduling or other pretrial order. Sanctions may
include the following:
(1) Prohibiting the disobedient party from supporting or opposing designated
claims or defenses, or from introducing designated matters in evidence;
(2) Striking pleadings in whole or in part;
(3) Staying further proceedings until the order is obeyed;
(4) Dismissing the action or proceeding in whole or in part;
(5) Rendering a default judgment against the disobedient party; or
(6) Treating as contempt of court the failure to obey any order except an
order to submit to a physical or mental examination.
Instead of or in addition to any other sanction, the court must order the
party, its attorney, or both to pay the reasonable expenses - including
attorney's fees - incurred because of any noncompliance with this rule, unless
the noncompliance was substantially justified or other circumstances make an
award of expenses unjust.
(f) Form of Trial Management Report. A trial management report will be in
generally the following form:
SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR BENTON AND FRANKLIN COUNTIES
)
) Case No.
Plaintiff(s) )
) TRIAL MANAGEMENT REPORT
V. )
)
)
Defendant(s) )
Pursuant to Lr 16, this Trial Management Report must be filed and
served in all cases governed by a Civil Case Schedule. Failure
to file and serve this report or to appear at the Pretrial
Conference may result in the imposition of monetary sanctions,
dismissal of the case, or entry of a default judgment. Failure
to fully disclose all items required on this report may result in
exclusion or restriction on use of evidence at trial. This is a
joint report, requiring counsel to meet, confer and attempt to
resolve differences in the matters addressed in this report. A
copy of this report must be provided to the assigned judge
A. MEETING: The parties, by their attorneys, met at
_______________________________
(address)
on _________________ and could not settle the case and are
prepared to proceed to trial.
B. NATURE OF CASE (Provide a joint, brief, non-argumentative
description of the case suitable for reading to the jury panel):
C. TOTAL NUMBER OF TRIAL DAYS (total of plaintiff's and defendant's case): ______
D. LIST OF ISSUES WHICH ARE NOT IN DISPUTE:
E. LIST OF EACH ISSUE THAT IS DISPUTED (Issues not identified
here may not be raised at trial without leave of the Court):
F. EXHIBITS (Trial counsel shall meet with the trial court
clerk at the Pre-Trial Conference, to submit all proposed
trial exhibits, which admissibility has been stipulated to
by the parties, and to index said exhibits numerically.
Unless ordered otherwise, exhibit numbers 1 through 99 are
allocated to the plaintiff(s) and exhibit numbers 100 and
above are allocated to the defendant(s)):
Counsel met on _____________________, _________________,
conferred and reviewed a list of all exhibits that will be
offered at trial. Any exhibit which is not on said list of
exhibits will not be considered except by leave of the court.
G. INDEX OF EXHIBITS (The index shall indicate: (1) the exhibit
number, (2) by whom offered, (3) a brief description, (4)
whether the parties have stipulated to admissibility, and if
not, (5) the legal grounds for the objection(s). Rebuttal
or impeachable exhibits need not be listed): List first
those exhibits for which admissibility has been stipulated
to by the parties.
STIPULATION OBJECTION/
EXHIBIT AS TO GROUNDS
NUMBER DESCRIPTION ADMISSIBILITY (CITE ER)
H. LIST OF PLAINTIFF'S REQUESTS FOR WASHINGTON PATTERN JURY
INSTRUCTIONS (If special and not WPI/WPIC or pattern
instructions including bracketed material, attach a copy):
I. LIST OF DEFENDANT'S REQUESTS FOR WASHINGTON PATTERN JURY
INSTRUCTIONS (If special and not WPI/WPIC or pattern
instructions including bracketed material, attach a copy):
J. LIST OF NAMES AND SCHEDULE OF ALL LAY AND EXPERT WITNESSES
(Describe type of witness (lay, treating, expert) and party
calling witness. Please estimate all necessary time for
presentation of all direct and cross examination. Rebuttal
witnesses need not be listed):
ESTIMATED DATE AND
NAME PARTY TIME FOR
WITNESS TESTIMONY
I certify under penalty of perjury under the laws of the
State of Washington that the foregoing is true and correct.
Signed: Signed:
Dated: Dated:
WSBA #: WSBA #:
Phone Phone
Number: Number:
Attorney Attorney
For: For:
[Adopted Effective April 1, 1986; Amended Effective September 1, 2000;
September 1, 2002, September 1, 2003, September 1, 2007, September 1, 2009,
September 1, 2011, September 1, 2012]
Local Civil Rule 40
ASSIGNMENT OF CASES
(a) Notice of Trial - Note of Issue
(1) Of Fact - Note for Trial Docket - Cases Not Subject to Civil Case
Schedule Order.
(A) Any party desiring to bring any issue of fact to trial, except for cases
governed by LCR 4 and LCR 04.04W, shall file with the Clerk and Court
Administrator's Office and serve upon the other parties or their attorneys a
"Notice of Trial Setting and Certificate of Readiness," in the form maintained
by the Court Administrator's Office, which shall contain the title for the
court, a brief title of the case, the case number, the nature of the case,
whether jury or non-jury, whether there has been a 12-person jury demand,
whether a 6-person jury would be acceptable, estimated trial time, the name and
address and telephone number of each attorney assigned to the case, whether
there should be a pre-trial conference, preferential trial dates or times, and
anything further that would assist the Court in setting a trial date, and shall
be subscribed by the attorney filing the same.
(B) An attorney noting a case for trial thereby certifies that the case is
at issue, that there has been a reasonable opportunity for discovery, that
discovery will be complete by the trial date, that necessary witnesses will be
available, and that to his/her knowledge, no other parties will be served with
a summons and no further pleadings will be filed prior to trial.
(C) The attorney noting the case for trial shall confer with all other
counsel prior to noting the case for trial setting to determine if there is any
objection to setting. If there is no objection, the attorney shall so certify
on the notice of setting. If there is objection and the setting attorney
believes the objections to readiness are not justified, the attorney shall so
indicate on the setting notice and the matter shall be heard by the Presiding
Judge on the motion calendar.
(D) In the event all parties agree the case is ready for trial or will be
ready for trial by a specific date, but have objections to particular dates,
they shall notify the Court Administrator's Office of unavailable dates within
five (5) days after receiving the notice of trial setting.
(b) Methods.
(1) Court Administrator to Assign Dates. The Court Administrator shall
assign trial dates under the supervision of the Presiding Judge who shall be in
direct charge of the trial calendar. To the extent practical, cases shall be
set chronologically according to noting date, except for cases having statutory
preference.
(2) Jury and Non-jury Trials. Upon the serving and filing of a "Notice of
Trial Setting and Certificate of Readiness," the Court Administrator shall
forthwith assign a specific trial date and notify the Clerk and counsel of the
date assigned.
(3) Advancing Trial Dates. Any case assigned a specific date may, at the
discretion of the Presiding Judge, be advanced to an earlier date or may be
reset if the court calendar permits. Notice shall be given at least five (5)
days prior to the new trial date assigned.
(4) One Day Trailing. Except for good cause shown, all non-domestic civil
cases shall trail for one day. That is, trials of cases in Benton County will
be called on Mondays, but the parties must be prepared to begin trial on the
next day (Tuesday). Similarly, trials of cases in Franklin County will be
called on Wednesdays, but the parties must be prepared to begin trial on the
next day (Thursday).
(5) Notice of Settlement. Notice of the settlement of a case set for trial
shall be immediately given to the Court Administrator or, if unable to contact
the Court Administrator, to the Clerk. Any circumstance preventing any case
from going to trial as scheduled, immediately upon becoming known to counsel,
shall be communicated to the Court Administrator. Failure to comply with this
rule may result in the assessment of terms including the expense of a jury panel.
(c) Stipulated Continuances. No trial setting shall be continued by
stipulation of counsel without good cause and without approval of the Civil
Presiding Judge or Court Administrator within twenty (20) days of the date set
for trial. More than twenty (20) days before trial, stipulations for
continuance will normally be honored unless the Court concludes a continuance
is unwarranted. All stipulations to continue must be supported by an affidavit
setting forth the reasons for the continuance and submitted to the Court
Administrator's office for review by the Civil Presiding Judge.
(d) Change of Judge.
(1) Affidavit - Judge.
(A) Under RCW 4.12.050, the motion and the affidavit must be filed with the
clerk, and a copy delivered to Court Administration and to all other parties. If the
party has not filed another motion and affidavit, and the motion and affidavit
meet the requirements of RCW 4.12.050, the designated judge shall recuse
himself or herself, without further order.
(B) Requests for Recusal. A party requesting the recusal of a judge
may do so by motion and affidavit filed with the Clerk and a copy delivered to
Court Administration and to all other parties. The matter shall be heard on
the record by the judge against whom the request is made.
(2) Affidavit - Court Commissioner. Affidavits of prejudice or for change of
Court Commissioner will not be recognized. The remedy of a party is for a motion for
revision under RCW 2.24.050.
(e) Assignment of Judge. Judges will be pre-assigned to cases only by court
order, for good cause, and will be assigned in order from the list maintained
by Court Administration.
(f) Writ of Habeas Corpus Relating to Custody of Minor Children.
Applications for Writs of Habeas Corpus relating to custody of minor children
shall be presented to and returnable to the presiding judge of the Superior
Court for Benton and Franklin Counties on court days between the hours of 8:30 a.m.
to noon and 1:00 to 4:00 p.m.
[Adopted Effective April 1, 1986; Amended Effective September1, 1998; September
1, 2000; September 1, 2002, September 1, 2003, September 1, 2004, September 1,
2008, September 1, 2010, September 1, 2011, September 1, 2012]
Local Civil Rule 42
CONSOLIDATION; SEPARATE TRIALS
(a) Consolidated Cases for Trial. When two or more cases are consolidated
for trial only, all documents shall be submitted with an original for each file
so consolidated. Consolidated cases shall be presumed to be consolidated for
trial only, unless otherwise indicated.
[Adopted Effective August 1, 1990, September 1, 2007]
Local Civil Rule 47
JURORS
(a) Voir Dire. The trial judge may examine the prospective juror touching
their qualification to act as fair and impartial jurors in the case before him
or her; provided that thereafter the trial judge shall give leave to respective
counsel to ask the jurors such supplementary questions as may be deemed by the
trial judge proper and necessary. The voir dire examination of prospective
jurors shall, as nearly as possible, be limited to those matters having a
reasonably direct bearing on prejudice or qualifications and shall not be used
by opposing counsel as a means of arguing or trying their case on voir dire.
The "struck method" of voir dire examination is allowed. That is, the parties
may direct questions to individual jurors or to the panel or to portions
thereof, in the discretion of the examiner.
(e) Challenge.
(9) Peremptory Challenges. All peremptory challenges allowed by law shall
be exercised in the following manner:
The bailiff will deliver to counsel for the plaintiff and counsel for the
defendant, in turn, a prepared form upon which each counsel shall endorse the
name of the challenged juror in the space designated, or his acceptance of the
jury as constituted. The bailiff will then exhibit this form after each
challenge to the opposing counsel, and the Court. After all challenges have
been exhausted, the Court will excuse those jurors who have been challenged and
will seat the jury as finally selected.
A waiver by a party indicates an acceptance by that party of all jurors
seated up to that point.
The purpose of this rule is to preserve the secrecy of peremptory challenges
and all parties and their counsel shall conduct themselves to that end. This
procedure may be modified if appropriate.
(k) Selection of Jurors. The Benton County Superior Court and the Franklin
County Superior Court shall employ a properly programmed electronic data
processing system or device to make random selection of jurors as required by
RCW 2.36.060.093. It is determined that fair and random selection may be
achieved without division of the county into three (3) or more jury
districts. During the month of July of each year, a master jury list shall be
selected by an unrestricted random sample in accordance with RCW 2.36.055.
[Adopted Effective April 1, 1986, September 1, 2011]
Local Civil Rule 48
JURIES OF LESS THAN TWELVE
(a) Stipulation: Procedure. The parties may stipulate that the jury shall
consist of any number of persons less than twelve (12) but not less than three (3).
Counsel shall call the stipulation to the attention of the Presiding Judge
when the case is called for trial. The stipulation, if in writing, shall be filed
in the cause; if oral, it shall be noted by the clerk in the minutes of the trial.
(b) Challenges Not Affected. The stipulation shall not affect the number of
challenges, nor the manner of making them, unless the parties expressly agree
otherwise. (See RCW 4.44.120, et seq.)
[Adopted Effective April 1, 1986]
Local Civil Rule 51
INSTRUCTIONS TO JURY AND DELIBERATION
(a) Proposed.
(1)Instructions Required of Plaintiff. Plaintiff's counsel shall prepare
and present to the Court a cover instruction containing the title and file
number of proceedings, the name of the attorney for each party properly
designated, and appropriate blank space where the name of the judge hearing the
case can be inserted, and entitled "Instructions of the Court."
(2) Instructions in the Alternative. Instructions, the form of which are
dependent upon rulings of the Court, may be submitted in the alternative and
counsel shall have the right to withdraw those instructions made unnecessary or
inappropriate by reason of said rulings at any time prior to the submission of
the Court's instructions to the jury.
(b) Submission.
(1) Distribution. Sets of proposed instructions shall be prepared and
distributed as follows:
(A) Original, which shall be assembled and numbered and contain citations,
shall be filed with the clerk;
(B) One copy, which shall be assembled, numbered and contain citations,
shall be provided to counsel for each other party;
(C) One copy, which shall be assembled and numbered, shall be retained by
the counsel preparing them;
(D) One copy, which shall be assembled, numbered and contain citations, shall
be provided to the trial judge;
(E) One copy, without numbers or citations, shall be provided to the trial judge.
(F) Citations, as required by the rule, shall include applicable WPI or WPIC
numbers and shall appear on the bottom of the proposed instructions.
(2) Time for Serving Instructions. Unless requested earlier by the trial
judge, all instructions, shall be submitted at the beginning of the first day
of trial. Upon request of the trial judge to all counsel and made not more
than seven (7) days before the date of trial, counsel shall prepare and deliver
to the trial judge and to other counsel, not less than three (3) days before
the day on which the case is set for trial, the required number of copies of
proposed instructions insofar as counsel may then be able to determine them.
(c) Verdict Forms. Each verdict form shall be headed with title and cause
number of the proceeding. This shall also apply to special interrogatories. A
date line shall be typed above the line for the foreman.
(d) Published Instructions.
(1) Request. The Court has not adopted a local rule to allow instructions
appearing in the Washington Pattern Instructions (WPI or WPIC) to be requested
by reference to the published number.
(2) Modified Instructions. Whenever a Washington Pattern Instruction (WPI
or WPIC) is modified by the addition of, the deletion of, or the modification
of certain language, the party proposing the instruction must cite the
instruction as follows: "WPI or WPIC No. Modified."
(e) Disregarding Requests. The trial court may disregard any proposed
instruction not proposed or submitted in accordance with this rule.
(f) Civil and Criminal. This rule applies to instructions for civil and
criminal cases.
(g) Duties Relating to Return of Verdict. Attorneys awaiting a verdict
shall keep the clerk advised of where they may be reached by phone. Attorneys
desiring to be present for the verdict shall be at the courthouse within
fifteen (15) minutes of the time they are called. In a criminal case, at least
one attorney for each party and the prosecuting attorney or deputy prosecuting
attorney shall be present for the receipt of the verdict, unless excused by the
Court. The defense attorney is responsible for advising the defendant to be
present for the verdict unless defendant is in custody.
[Adopted effective April 1, 1986; Amended effective September 1, 2003;
September 1, 2005, September 1, 2009. September 1, 2011]
Local Civil Rule 52
FINDINGS OF FACT AND CONCLUSIONS OF LAW
(a) Submission. Within fifteen (15) days after the decisions rendered, the
prevailing party shall submit Findings of Fact and Conclusions of Law and shall
deliver the same together with the Proposed Judgment to the opposing counsel.
If the prevailing party fails to submit proposed findings in a timely manner,
the other party may do so, and shall thereupon note the matter for presentment,
giving the prevailing party at least seven (7) business days notice of the hearing.
(b) Objections. A non-prevailing party objecting to the Findings,
Conclusions or Judgment shall, within fifteen (15) days after receipt of the
same, deliver to proposing counsel two (2) copies of the objections thereto in
writing, and the proposed substitutions. Upon receipt of the objections, the
proposing attorney shall mail the proposed Findings, Conclusions and proposed
Judgment together with one (1) copy of the objections and the proposed
substitutions received from opposing counsel to the trial judge.
(1) If there are no objections received within the fifteen (15) day period
aforesaid, counsel may forward the submittal to the judge who shall, within ten
(10) days thereafter, either (a) sign the proposed Findings of Fact,
Conclusions of Law and Judgment and forward to the Clerk for filing with
conformed copies to all counsel, or (b) return the Findings of Fact,
Conclusions of Law and Judgment, if deficient, to all counsel noting the
Court's requested changes or additions thereto.
(2) If objections are made, the Court shall arrange for a chamber conference
to settle the issues as soon as practicable.
(c) Intent. It is the intent of this rule that Findings of Fact,
Conclusions of Law and Judgment will be settled and filed as soon as possible,
and that such matters shall not be noted on the Motion Docket; provided
however, that if the Findings of Fact, Conclusions of Law and Judgment are not
settled within sixty (60) days after the Court's oral or written decision,
either party may note entry of the Findings of Fact, Conclusions of Law and
Judgment on the Motion Docket.
(d) Application. This rule only applies to the entry of Findings of Fact and
Conclusions of Law when the same are required under CR 52, and does not apply to entry
of orders or judgments unless Findings of Fact and Conclusions of Law are required.
[Adopted Effective April 1, 1986, Amended September 1, 2011]
Local Civil Rule 53.2
COURT COMMISSIONERS
(e) Revision by the Court.
(1) Motion Content and Service Deadlines. A party seeking revision off a
Court Commissioner's ruling shall within ten (10) days of entry of the written
order, file and serve a Motion for Revision. The motion must set forth
specific grounds for each claimed error and argument and legal authorities in
support thereof. The motion shall be accompanied by a copy of the order for
which revision is sought, along with copies of all papers which were before the
Commissioner in support, or in opposition in the original proceedings. A copy
of the motion and all supporting documents shall be provided to all other
parties to the proceedings and to the Court Administrator who shall refer the
motion to the appropriate Judge for consideration. The responding party shall
have five (5) working days from the receipt of the motion to file a written
response with the Clerk and provide copies to all other parties and to the
Court Administrator.
(2) Transcript Required. When seeking revision of a ruling of the Court
Commissioner which was based on testimony, such testimony must be transcribed
and attached to the motion. If the transcript is not timely available, the
moving party must set forth arrangements which have been made to secure the transcript.
(3) Review is De Novo. Review of the Commissioner's order shall be de novo
based on the pleadings and transcript submitted and without oral argument
unless requested by the reviewing Judge.
(4) Scope of Motion. The Judge may deny the motion, revise any order or
judgment which is related to the issue raised by the motion for revision or
remand to the Commissioner for further proceedings. The Judge may not consider
evidence or issues which were not before the Commissioner or not raised by the
motion for revision. The Judge may consider a request for attorney fees by
either party for the revision proceedings.
(5) Effect of Commissioner's Order. The Court Commissioner's written order
shall remain effective unless and until revised by the Judge or unless stayed
by the Judge pending proceedings related to the motion for revision.
[Adopted September 1, 2003]
Local Civil Rule 56
SUMMARY JUDGMENT
(c) Motion and Proceedings.
(1) Briefs. Briefs, or statements of points and authorities, shall be
mandatory with respect to all motions for summary judgment. The original is to
be filed with the Superior Court Clerk and one additional copy, clearly marked
with the date and time of the hearing and "BENCH COPY," of all briefs, or
statements of points and authorities shall be timely filed with the court
administrator. All bench copies will be destroyed four (4) weeks after the
original date noted for hearing unless counsel requests copies be returned.
(2) Continuance and Confirmation. In the event a motion for summary
judgment or partial summary judgment is noted, and the non-moving party
believes that a continuance is warranted, the non-moving party shall file a
motion for a continuance, supporting the same with sworn pleadings. Said
motion shall be heard at least one week before the scheduled date of the
summary judgment hearing.
(A) In the event the moving party unreasonably refuses to continue the case
or the opposing party unreasonably is not prepared for the hearing, terms may
be assessed.
(B) The moving party shall at any time after the motion has been filed, but
no later than by 12:00 noon, on the Tuesday prior to the hearing in Benton
County and by 12:00 noon on the Thursday prior to the hearing in Franklin
County, confirm with the clerk that the motion will be heard on the date set.
However, the clerk shall not allow more than three (3) summary judgment
hearings to be confirmed for any one date. A moving party contacting the clerk
to confirm a summary judgment for a date for which three summary judgments have
previously been confirmed may continue the hearing to the next reasonably
available setting and provide notice of the continuance to the other parties in
the action and shall re-confirm the continued setting in accordance with the
above rules. Twenty-eight (28) days notice is not required for setting a new
hearing hereunder. The new hearing date may be after the last date specified
for filing dispositive motions in the Civil Case Schedule Order, but in no
event less than fourteen (14) days before trial.
(3) Motion - Contents of. The moving party shall specify with particularity
the documentary evidence, including depositions, on which the motion is based.
(4) Confirmation. Once confirmed, no summary judgment hearing shall be
continued without permission of the presiding Judge.
[Adopted Effective April 1, 1986; Amended Effective September 1, 1998;
September 1, 2003, September 1, 2006, September 1, 2009, September 1, 2011]
Local Civil Rule 58
ENTRY OF JUDGMENT
(a) When.
(1) Judgments and Orders to be Filed Forthwith. Any order, judgment or
decree which has been signed by the Court shall not be taken from the
courthouse, but must be filed forthwith by the attorney obtaining it with the
Clerk's Office or with the clerk in the courtroom. If signed outside the
courthouse, the attorney procuring the order shall mail it to the appropriate
clerk the same day, or file it by the next judicial day.
(2) Settlement. Upon settlement of any action a judgment of dismissal shall
be entered forthwith.
(b) Effective Time
(1) Effective on Filing in Clerk's Office. Judgments, orders and decrees
shall be effective from the time of filing in the Clerk's Office, unless filed
in accordance with CR 5(e).
(2) Not to be Entered Until Signed. The clerk will enter no judgment or
decree until the same has been signed by the judge.
(3) Judgments on Notes. The Court will sign no judgment upon a promissory
note until the original note has been filed.
[Adopted Effective April 1, 1986]
Local Civil Rule 59
NEW TRIAL, RECONSIDERATION, AND AMENDMENT OF JUDGMENTS
(e) Hearing on Motion.
(1) Motions for New Trial, Reconsideration, or Judgment NOV. Motions for
New Trial, reconsideration, or for judgment NOV shall be submitted without oral
argument unless the Court orders otherwise as hereinafter provided. 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 statement of points and
authorities and deliver a copy of the motion, supporting documents and
memorandum to the trial judge. The trial judge may (1) deny the motion, (2)
call for a written response from the opposing party, or (3) call for oral argument.
[Adopted April 1, 1986]
Local Civil Rule 64
SEIZURE OF PERSON OR PROPERTY
All bench warrants issued in a civil proceeding shall be valid for one year
from the date of issuance, unless quashed earlier. All such warrants issued in
a civil proceeding shall contain substantially the following language:
This warrant shall expire at the end of one year from the date of issuance.
[Adopted Effective August 1, 1990, September 1, 2003]
Local Civil Rule 65
INJUNCTIONS
(b) Temporary Restraining Order; Hearing: Duration. The party applying for
an emergency order which would require or forbid the doing of some act, if a
public body is involved, or if the opponent's counsel is known, shall notify
the opponent or opposing counsel and shall request opponent's presence at the
presentation of the order, unless good cause to the contrary is shown. If the
opponent does not appear, the judge shall require a full showing with respect
to the notice given.
(c) All applications for temporary restraining orders (except in domestic
relation cases) shall be presented to the Presiding Judge, if available, or to
such other judge as he may designate to handle such matters if available.
[Adopted Effective April 1, 1986]
Local Civil Rule 77
SUPERIOR COURTS AND JUDICIAL OFFICERS
(a) Reapplication for Order. When an order has been applied for and refused
in whole or in part or has been granted conditionally and the condition has not
been performed, the same application for an order must not be presented to
another judge without advising the second judge of the fact that the order was
previously refused or conditioned.
(d) Court Hours. Court will be in session, unless otherwise ordered, on all
judicial days except Saturdays. Court hours will be from 8:30 a.m. to 12:00
noon and from 1:00 p.m. to 4:00 p.m. Counsel shall be present in court at 8:30
a.m. on the first day of a jury trial. In criminal cases, defense counsel
shall have the defendant in court at 8:30 a.m. the first day of trial unless
the defendant is in custody.
[Adopted Effective April 1, 1986; Amended Effective September 1, 1998, September 1, 2003,
September 1, 2004, September 1, 2005, September 1, 2009, September 1, 2011]
Local Civil Rule 79
BOOKS AND RECORDS KEPT BY THE CLERK
(d) Other Books and Records of Clerk.
(1) Withdrawal of Files from Clerk's Office. Files generally shall remain
in the Clerk's offices. The Clerk or employees thereof may take files to
courtrooms or to judicial officers. Judicial officers, court reporters and
court administration staff may check files out. Attorneys may also review
court files, with convenient and appropriate areas for such review designated
by the Clerk.
The statement of facts, after having been settled and signed, shall not be
withdrawn from the Clerk's office except by order of the Court.
(2) Exhibits
(A) Temporary Withdrawal. Exhibits may be withdrawn temporarily from the
clerk's office only by:
(i) The judge having the cause under consideration;
(ii) Official court reporters for use in connection with their duties,
without court order; and,
(iii) An attorney of record, upon court order.
(B) Videotaped Depositions. Videotaped depositions published in open court
shall be treated as court exhibits, with the same retention standards. A party
who wishes to make a published videotaped deposition part of the court file
must submit a certified transcript of the deposition.
(C) Return of Contraband Exhibits. When contraband, alcoholic beverages,
tobacco products or controlled substances are being held by the clerk of the
court as part of the records and files in any criminal case, and all
proceedings in the case have been completed, the court may order the clerk to
deliver such contraband or substances to an authorized representative of the
law enforcement agency initiating the prosecution for disposition according to law.
(D) Return of Exhibits and Unopened Depositions. When a civil case is
finally concluded, and upon stipulation of the parties or court order, the clerk of
the court may return all exhibits and unopened depositions, or destroy the same.
(E) Disposition of Exhibits. After final disposition of a civil cause, the
Court after hearing, may order the clerk to destroy or otherwise dispose of
physical evidence which cannot, because of bulk or weight, be retained in the
case file provided that all parties of record are given thirty (30) days
written notice of any such hearing.
(3) Return of Administrative Records. When a case for review of an
administrative record is finally completed, the clerk shall return the
administrative record to the officer or agency certifying the same to the court.
(4) Verbatim Record of Proceedings. A verbatim report of proceedings shall
not be withdrawn from the clerk's office except by court order.
(5) Transcripts. A request for a copy of a transcript prepared by a court
reporter in the possession of the clerk of the court, shall be referred to the
court reporter that prepared said transcript.
[Adopted Effective April 1, 1986; Amended Effective September 1, 2002, September 1, 2007]
Local Civil Rule 81
APPLICABILITY IN GENERAL
(a) To What Proceedings Applicable.
(1) Generally. In general, procedure in this Court shall be in accordance
with pertinent Washington Court Rules as heretofore or hereafter adopted by the
Supreme Court of Washington. These local rules are intended only to supplement
those rules and are numbered, insofar as possible, to conform to the CR numbering
system. The Rules shall also apply to criminal cases insofar as they are applicable.
(2) Suspension of Rules. The Court may modify or suspend any of these Rules
in any given case, upon good cause being shown therefore, or upon the Court's own motion.
[Adopted Effective April 1, 1986, September 1, 2003]
Local Civil Rule 94.04W
DOMESTIC RELATIONS
(a) Family Court.
(1) Jurisdiction. All cases filed under Title 26 RCW shall be transferred
to the Family Court for adjudication.
(2) Judicial Officers. Each of the judges and court commissioners of the
Benton and Franklin Counties Judicial District are designated as Judges of the
Family Court and Commissioners of the Family Court.
(3) Effective Dates. Sections (b) and (c), below, are effective and apply
to all cases pending on January 1, 1999 or filed on or after January 1, 1999
(b) Automatic Mutual Temporary Order.
(1) Contents. Upon the filing of a summons and petition in any action
subject to this rule, the court, on its own motion, shall automatically issue a
mutual temporary order that includes the following provisions unless
specifically otherwise ordered by the court:
(A) The parties are restrained from transferring, removing, encumbering,
concealing, or in any way disposing of any property except in the usual
course of business or for the immediate necessities of life or as agreed
upon in writing by the parties. Each party shall notify the other party of
any extraordinary expenditure made after the order is issued.
(B) The parties are restrained from assigning, transferring, borrowing,
lapsing, surrendering or changing entitlements of any insurance policies of
either or both parties, whether medical, health, life or auto insurance,
except as agreed in writing by the parties.
(C) Each party is immediately responsible for any debts he or she incurs after
the order is issued, whether by open account, credit card, loan, security
interest or mortgage, except as agreed in writing by the parties.
(D) Each party shall have access to all tax, financial, legal and household
records and reasonable access to such records shall not be denied.
(E) In every action in which children are involved:
(i) Each parent is restrained from changing the residence of thechild(ren)
until further order of the court, except as agreed in writing by the parties.
(ii) Each parent shall insure that the child(ren) not be exposed to negative
comments about the other parent.
(2) Effective Date. The petitioner is subject to the order from the time of
its entry upon filing of the summons and petition. The petitioner shall serve
a copy of the order on the respondent. The respondent is subject to the order
from the time that it is served. The order shall remain in effect until
further order of the court.
(c) Case Schedule . Except as otherwise provided in these rules or
ordered by the Court, when an initial pleading is filed and a new case file is
opened, the Court Administrator will prepare a case schedule and the Superior
Court Clerk will file the scheduling order (referred to in these rules as a
"Case Schedule") and will provide one copy to the party filing the initial pleading.
(d) Effective Date. This rule shall apply to all cases filed on or after September 1, 2010.
(f) Service of Case Schedule on Other Parties. The party filing the
initial pleading shall promptly provide a copy of the Case Schedule to all
other parties by (a) serving a copy of the Case Schedule on the other parties
along with the initial pleading, or (b) serving the Case Schedule on the other
parties within 10 days after the later filing of the initial pleading or
service of any response to the initial pleading, whether that response is a
notice of appearance or an answer.
(g) Amendment of Case Schedule. The Court, either on motion of a party or
on its own initiative, may modify the Case Schedule for good cause. The Court
shall freely grant a motion to amend the case schedule when justice so
requires. The motion shall include a proposed Amended Case Schedule. If a
Case Schedule is modified on the Court's own motion, the Court Administrator
will prepare and file the Amended Case Schedule and promptly mail it to all
parties. Parties may not amend a Case Schedule by stipulation without approval
of the Court.
(h) Form of Case Schedule.
(1) Case Schedule. A Case Schedule for each type of case, which will set
the time period between filing and trial and the scheduled events and deadlines
for that type of case, will be established by the Court by General Order, based
upon relevant factors, including statutory priorities, resources available to
the Court, case filings, and the interests of justice.
(2) Form. A Case Schedule will be in generally the following form:
IN THE SUPERIOR COURT FOR THE STATE OF WASHINGTON
IN AND FOR BENTON AND FRANKLIN COUNTIES
)
)
) Case No.
Petitioner, )
) DOMESTIC CASE SCHEDULE
) ORDER
and )
) (ORSCS)
)
)
Respondent. )
I. SCHEDULE
(Week of _______)
1. Mandatory Status Conference 2 months
2. Assign GAL 4 months
3. Final Parenting Plan 4 months
4. Appraisal Report Due 4 months
5. Additional Discovery Pursuant to LCR 94.04W(j)(4)(A-H) 4 months
6. Additional Status Conference 4 months
7. Mediation (with or without children) 6 months
8. GAL Report Due 6 months
9. Additional Discovery 6-1/2 months
10. Written Settlement Proposal (Petitioner) 1 week (Prior to STLCON)
11. Written Settlement Proposal (Respondent) 2 days (Prior to STLCON)
12. Settlement/Pretrial Conference 7-1/2 months
13. Trial Date 9 months
II. ORDER
IT IS ORDERED that all parties comply with the foregoing schedule.
Dated this_______day of_______________, _________.
_______________________________________
SUPERIOR COURT JUDGE/COMMISSIONER
(i) Mandatory Status Conference.
(1) Scheduling. All dissolution actions shall be scheduled for a status
conference to occur within 60 days of filing. The petitioner or joint
petitioners shall note the dissolution action for status conference by serving
notice of the conference with the original service of process or by timely
service in the manner required for service and filing of pleadings and other
papers pursuant to Civil Rule 5. The Notice of Status Conference will advise
the respondent and the clerk of the date, time, and place of the status
conference. Attendance by all counsel and parties to the action is mandatory
absent any compelling reasons determined by the judicial officer. See
Cancellation/Confirmation of Status Conference form LCR 94.04W(j).
(2) Preparation. At the status conference, both parties shall be present
and shall be prepared to advise the court of the nature of all disputed issues,
of the need for temporary orders, of the need for investigation by
professionals, of allegations of domestic violence and/or child abuse and of
any other issues affecting the timely disposition of the dissolution action.
(3) Financial Declarations. At the status conference all parties shall
file and serve a financial declaration in the form prescribed by the Office of
the Administrator for the Courts together with the following documents:
(A) Support Worksheets. If child support is an issue, Washington State
Child Support Worksheets (ALL PAGES), signed by the submitting party;
(B) Tax Returns. Complete tax returns for the past two calendar years
together with all schedules and W-2 forms;
(C) Partnership and Corporate Tax Returns. Complete partnership and/or
corporate tax returns for the past two years together with all schedules and
attachments for all partnerships and corporations in which a party has had an
interest of five percent or greater.
(D) Pay Stubs. All pay stubs showing income for the past six months or
since January 1 of the Calendar year, whichever period is greater.
(3) Scheduling Order. At the initial status conference the Court shall review
with the parties the nature of the issues in dispute and execute a scheduling order,
which, except for good cause shown, shall set a settlement conference within
165 days of the status conference and a trial date within 45 days of the
settlement conference.
(4) Guardian ad Litem. The guardian ad litem intake packet shall be
completed and submitted to the court at the initial status conference.
(6) Mediation. At the time of the initial status conference, or before a
settlement conference, all disputed issues shall be submitted to mandatory
mediation. All disputed child custody and visitation issues shall be submitted
to mandatory mediation pursuant to LCR 94.06W. Mediation shall be completed
(30) days prior to settlement conference.
(7) Evaluations. The court may for good cause order a custody or
parenting evaluation, mental health evaluation, alcohol or drug evaluation,
mediation, treatment, counseling, and/or physical examination. The Court will
determine the need for appointment of professionals and direct either or both
parties to pay for services deemed necessary.
The issue of costs shall be addressed in the order requiring said services and
shall contain an hourly rate and maximum payment if costs are to be at public expense.
(4) Business Valuations. If the value of the community interest in a business
or professional practice is in dispute, the court shall appoint an appraiser to
report to the court and the parties on the value of the business or
professional practice. The parties may agree upon an appraiser to be appointed
by the court. If the parties are unable to agree, each party shall, at the
status conference, designate a valuation expert, and the experts so designated
shall, within ten days following the status conference, recommend to the court
a valuation expert to be appointed as an appraiser by the court.
(j) Mandatory Settlement and Pretrial Conferences.
(1) Combined Settlement and Pretrial Conferences. A combined settlement
and pretrial conference shall be held in all contested domestic relations
cases. The purpose of the conference is to explore settlement of all issues
and to identify disputed issues. Parties are not bound by the settlement
recommendations of the Court, but are required to attend and participate.
Attendance by all counsel and parties is mandatory. Failure to appear at the
settlement conference, without prior permission of the court, shall constitute
and act of default. The present party may move for default pursuant to CR 55.
Failure to appear in accordance with the rule shall result in sanctions on the
party failing to appear.
(2) Discovery; Filing Position Statements. All discovery shall be
completed thirty (30) days prior to the settlement conference. Petitioner
shall prepare his or her position statement and mail or deliver the same to
respondent and the court administrator seven (7) days prior to the settlement
conference. No fax copies will be accepted by the court. Respondent shall
file with the court administrator and serve his or her position statement, in
the same format as the petitioner, incorporating the petitioner's data, and
mail or deliver the same to the petitioner and the court administrator two (2)
days prior to the settlement conference. Position statements shall not be
filed in the court file. Failure to file position statements in accordance
with the rule shall result in sanctions on the party not submitting the
position statement.
(3) Position Statements.
(A) Form. Position statements for the purpose of the settlement conference
shall be substantially in the form maintained by the Court Administrator's
Office. The position statement will indicate the proposed disposition of
assets and liabilities, proposed spousal maintenance, and residential placement
of children, as applicable. The position statement shall not be used for any
purpose at trial, unless otherwise agreed by the parties.
(B) Asset/Liability List. If distribution of assets or liabilities is an
issue, each party shall file and serve a list of assets and liabilities known
to the party, together with the position statement, and shall indicate the
party's good faith opinion as to the fair market value of any asset as of the
date of separation. The parties may also indicate the current fair market
value if there is a significant difference. The list shall be signed by the
party under penalty of perjury. This list may be used at trial, subject to the
rules of evidence.
(C ) Needs/Abilities Statement. If spousal maintenance or attorney's
fees is at issue, each party shall file and serve a statement containing a list
of all income and assets, including any retirement benefits, together with a
list of current monthly living expenses and liabilities. The information
regarding liabilities shall indicate the total amount owed as of the date of
separation, the amount the party has paid on the debt(s) since the date of
separation, and the monthly payment on the debt(s). The statement shall also
include information concerning the needs and abilities of the party, including
age, education, work experience, and mental and physical health. This statement
shall be signed by the party under penalty of perjury. This statement may be
used at trial, subject to the rules of evidence.
(D) At the time of the settlement conference or before, all exhibits
intended to be used at trial will be disclosed and a copy provided to the
opposing party.
(E) Pretrial Statement. At the conclusion of the settlement conference, if
the case is not then settled, the parties shall complete a Joint Pretrial
Statement, in the form maintained by the Court Administrator's Office. Both
parties and attorneys shall sign the Joint Pretrial Statement.
(4) Discovery Required. In addition to discovery required under 94.04 W(i)(3)(A-D),
the parties are required to file and exchange, as appropriate, the following documents
no later than the discovery cut-off date:
(A) A copy of the most recent statement of balances due on mortgages, real
estate purchase contracts, deeds of trust, installment purchase contracts, and
time payment accounts owed by or to the parties;
(B) The most recent employers' ERISA statement, and a statement of
contribution since that statement, of any pension plan of either party;
(C) A written appraisal of any real estate, antiques, jewelry, or other
items of special, unusual, or extraordinary value or a summary of the evidence
which will be relied upon;
(D) A verified extract or copy of the most recent N.A.D.A. Official Used Car
Guide or Appraisal Guide showing both average loan and wholesale and retail
values for any automobiles.
(E) A summary of the source and tracing of any property asserted to be the
separate property or obligation of either party.
(F) A statement from each life insurance company issuing a policy of insurance
on the life of either party as to its cash value and any loans on the cash value.
(G) A written appraisal of any proprietorship, partnership, or closely held
corporation of the parties, or a summary of the evidence which will be relied upon.
(H) Expert witnesses shall be disclosed at or before the pretrial conference.
(k) Entry of Decree.
(1) Non-contested Calendar. The clerk shall not place any dissolution 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 and that the
case has been on file more than ninety (90) days.
(2) Time of Presenting Documents for Signature. At the time of hearing of a
non-contested dissolution case, the necessary documents to be signed must be
presented to the Court for signature. If signed, they shall be filed with the
clerk forthwith. For good cause shown, the Court may extend the time for
presentation.
(3) Disposition of Issues. No decree of dissolution shall be entered unless
the decree disposes of all issues over which the Court has jurisdiction.
(l) Copy of Decree to be Delivered. In default dissolution cases, at the
time of filing the decree, the attorney for the prevailing party shall immediately
deliver to his or her client and deliver to or mail to the other party, at his or
her address, if known, or to his or her attorney, a conformed copy of the decree
with the date of filing the original indicated on each copy so delivered or
mailed. The decree shall be filed forthwith upon granting the dissolution.
(m) Orders Pendente Lite. Ex parte orders in domestic relations
matters which restrain one party from the family home or from contact with the
other party or children shall not be entered unless the Court finds (and the
order provides) that irreparable injury could result if the order is not
entered. No ex parte orders shall be issued changing the custody of minor
children without a clear showing of present danger to a child (children) and/or
that the custodial person will, unless custody change is immediate, remove the
said child (children) from the State of Washington. The attorney presenting
the order shall specifically advise the Court that the order presented contains
such a provision.
(n) Modification of Divorce Decree - Re: Support. If a petition to
modify any order, judgment or decree is with regard only to support of minor
children, then it shall be heard upon affidavit only, which shall concern
change of circumstances and other appropriate matters, unless the petitioner
therein has obtained leave of Court to hear said matter upon oral testimony, in
which event the notice of hearing shall so provide. The respondent, prior to
the return date, may obtain leave of Court to present oral testimony.
(o) Actions for Modification of Custody. A motion for modification of
the custody provisions of a decree of dissolution or other custody decree shall
be brought on by noting the adequate cause hearing required by RCW 26.09.270 on
the motion calendar. The notice shall inform the other party of the time and
place of hearing, the right of the other party to file opposing affidavits, and
that the Court will take the following action:
(A) If adequate cause for hearing is not established by the affidavits, the
motion for modification of the custody decree will be denied.
(B) If adequate cause for hearing is established by the affidavits, an order
will be issued fixing a trial date and requiring the other party to show cause
why the motion for modification should not be granted.
(C) If venue or jurisdiction is an issue, either party may apply to the
Presiding Judge for an expedited hearing on this issue, which shall be heard
promptly prior to a hearing on the merits.
(2) Motions for Temporary Custody. Except with respect to pending actions
for dissolution, legal separation, or a decree of invalidity, motions for
temporary custody will not be heard until adequate cause has been established.
Once adequate cause is established, the Court may proceed immediately to the
hearing of the motion for temporary custody or continue the same, as justice
requires.
(3) Actions for Modification of Visitation. Actions to clarify or change
established visitation rights shall not require an adequate cause hearing.
(p)Cancellation/Confirmation of Status Conference. The following form is
to be used for Cancellation/Confirmation of Status Conference.
SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR BENTON AND FRANKLIN COUNTIES
IN RE THE MARRIAGE OF:
)
Petitioner ) Case No.
)
V. ) CANCELLATION/CONFIRMATION
) OF STATUS CONFERENCE
)
Respondent )
I. CANCELLATION
[ ] The parties make the following joint representations and hereby cancel the
scheduled
Status Conference:
1. All parties have been served or have signed an acceptance of service
2. All mandatory pleadings and financial information have been filed.
3. All parenting seminars have been completed (certificates attached)
4. No unresolved issues remain for the court's intervention .
5. This matter has been placed on the uncontested domestic docket for entry
of final documents. (Note for Docket attached)
6. All parties have cooperated in completing this report. All proposed agreed
final orders are attached hereto.
II. CONFIRMATION
[ ] The parties are unable to make the foregoing joint representation and require
a status conference, as explained below:
IF THE ABOVE BOX IS CHECKED, THERE WILL BE A STATUS CONFERENCE, AS NOTED IN
THE CASE SCHEDULE, AT WHICH ALL PARTIES AND THEIR ATTORNEYS MUST APPEAR.
[ ] A party remains to be served.
[ ] One or more parties have failed to attend the mandatory parenting seminar.
[ ] Unresolved issues remain for court intervention.
[ ] A party has refused to cooperate in this action.
[ ] Other explanation:
________________________________________________________________________
________________________________________________________________________
In order to obtain the Court's direction in the matters described above,
the parties will appear at a status conference, the date of which, as stated
in the Case Schedule, is:
_____________________________________________________________________________
PETITION OR PETITIONER'S ATTORNEY
DATED: _____________ SIGNED: ______________________________________________
Typed Name: ________________________________ WSBA #: ______________________
Address: ______________________________________________
Phone: ______________________________________________
Attorney for: ______________________________________________
RESPONSDENT OR RESPONDENT'S ATTORNEY
DATED: _____________ SIGNED: ______________________________________________
Typed Name: ________________________________ WSBA #: ______________________
Address: ______________________________________________
Phone: ______________________________________________
Attorney for: ______________________________________________
[Adopted effective April 1, 1986; Amended effective September 1, 1998; September 1, 1999;
September 1, 2001; September 1, 2003; September 1, 2005, September 1, 2007,
September 1, 2009, September 1, 2010, September 1, 2011, September 1, 2012]
Local Civil Rule 94.05W
MANDATORY PARENTING SEMINARS
(a) Applicable Cases. This rule shall apply to all cases
filed after January 1, 1997 under Chapter 26.09, Chapter 26.10,
or Chapter 26.26 RCW which require a parenting plan or
residential plan for minor children; including dissolutions,
legal separations, major modifications, paternity actions in
which paternity has been established, and non-parental custody actions.
(b) Mandatory Attendance. In all cases governed by this rule,
all parties shall complete a parenting seminar approved by the
court. Standards for parenting seminars shall be established by
the court and providers approved by the court.
(c) Timing. Parties required by this rule to participate in a
parenting seminar shall complete an approved parenting seminar
within 60 days of service of a petition or motion initiating the
action which is subject to this rule. 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.
The class will be completed prior to entry of a permanent
parenting or residential plan.
(d) Fees. Each party attending a seminar shall pay a fee
charged by the approved provider and sanctioned by the court.
The court may waive the fee for indigent parties.
(e) Special Consideration/Waiver.
(1) In no case shall opposing parties be required to attend a
seminar together.
(2) If the court determines that attendance at a seminar is
not in the children's best interest, pursuant to Chapter 26.12
RCW, the court shall either:
(A) waive the requirement of completion of the seminar; or
(B) allow participation in an alternative parenting seminar if available.
(3) The court may waive a party's attendance or extend the
time required for attendance at a seminar for good cause shown.
(f) Failure to Comply. Willful refusal to participate in a
parenting seminar or willful delay in completion of a court
ordered parenting seminar by any party will 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 January 1, 1997; Amended Effective September 1, 1999]
Local Civil Rule 94.06W
MANDATORY MEDIATION OF CHILD PLACEMENT AND VISITATION ISSUES
(a) Effective Date. This rule applies to all cases filed on or after
January 1, 1999. Cases pending December 31, 1998 may be referred to mandatory
mediation upon order of the Court or agreement of the parties.
(b) Child Placement Proceeding Defined. For purposes of this rule, a child
placement proceeding shall be defined as any proceeding before the court in
which placement or visitation is at issue, except juvenile court dependency proceedings.
(c) Mediation Required. All placement or visitation issues shall be
referred to mandatory mediation at the status conference. The mediation
requirement may be waived by the court for good cause. A motion for waiver
shall be noted before the court. An Order Waiving Mediation shall be filed
with the court prior to the case being set for settlement conference.
(d) Superior Court Jurisdiction and Other Rules - Show Cause Hearings. The
requirement of mediation shall not prevent the court or court commissioner from
entering temporary orders.
(e) Referral to Mediation.
(1) Note For Mandatory Mediation. The party filing the note for Mandatory
Mediation shall do so upon the form prescribed by the court.
(2) Choice of Mediator. Parties may elect to have their case mediated by a
mediator of their choice through stipulation. Family court mediators shall be
available for limited mediations services according to a fee schedule which may
be modified from time to time. In the absence of a stipulation the court will
assign a mediator at the status conference.
(3) Notice of Appointment as Mediator. Notice of Appointment shall be
mailed to the mediator selected with copies being mailed or delivered to each
counsel or party. Mediation shall commence within two weeks from the date of
appointment unless otherwise agreed to by the parties and the mediator.
(f) Authority of Mediator. The mediator has the authority to determine the
time, place, and duration of mediation. In appropriate cases, the mediator
shall have the authority to terminate the mediation prior to completion.
(g) Attendance. Mediation session shall normally include the parties only,
but may, by agreement of the parties, include other persons. Attendance at
mediation sessions is mandatory.
(h) Declaration of Completion. Within seven (7) days of completion, a
declaration of completion shall be filed by the mediator. The counsel and
parties shall be advised by the mediator, on a separate document attached to
the declaration of completion, the results and recommendations of the mediator.
The mediator shall advise the court only whether an agreement has been reached.
(i) Payment. Family court mediators shall be paid by the parties, in
proportion to their respective incomes, unless either or both parties are
declared to be indigent or partially indigent. For consideration of indigency,
Affidavits of Financial Status shall be executed by each party and a court
determination of the financial status shall be set by court order prior to the
commencement of mediation. The family court mediation fee in indigent cases
shall be the current mandated fee set by the court. In private pay cases, fee
schedules are set by individual mediators. Fees to be paid by the court shall
be submitted for payment on the mediator's request for compensation. Private
pay mediators are responsible for their own payment arrangements.
(j) Mediation Unsuccessful. If the parties fail to reach an agreement in
mediation of the issues of placement and visitation, a family court
investigation may be ordered. The family court investigator shall not be the
same person who mediated the case. Upon completion of the investigation,
written recommendation shall be filed with the court.
(k) Confidentiality. The work product of the mediator and all communications
during mediation shall be privileged and not subject to compulsory disclosure.
The mediator shall not appear or testify in any court proceedings.
(l) Child Advocate
(1) Appointment. Upon motion of the parties or on the Court's own motion,
the court may appoint a child advocate who may be a Guardian Ad Litem or a
Court Appointed Special Advocate (CASA). The order shall be the court's
mandated "Order Appointing CASA-Family Court Investigator or Guardian ad Litem" form.
(2) Notice. Pursuant to the civil rules, from the date of the appointment,
the child advocate shall receive copies of all documents that are to be served on
parties, copies of all discovery, and notice of all hearings, presentations and
trials related to the child custody or visitation.
(3) Discharge. Unless otherwise set forth in these rules, the child advocate
shall be discharged only by order of the Court upon motion or upon completion of the
case when the final orders are filed with the approval of the appointed child advocate.
(4) In any case where a child advocate has been appointed, prior to entry of
the final parenting plan or residential schedule, the child advocate must sign
a Declaration indicating the child advocate has reviewed the final order and
approves, does not approve, or approves in part. If the child advocate does
not approve of all provisions in the final plan, the child advocate must state
in the Declaration what provisions are objected to and why.
[Adopted Effective September 1, 1998, amended effective September 1, 2008, September 1, 2011]
Local Civil Rule 94.07W
DOMESTIC RELATIONS MOTIONS
(a) Family court motions. Family court motions shall be scheduled on the
family court dockets in Benton and Franklin counties in accordance with the docket
schedule approved by the Superior Court judges. Docket days and times are available
through the Superior Court Administrator's Office or the Superior Court Clerk's office.
(1) Benton County Family Court motions.
(A) Benton County family court motions requiring more than ten minutes for
argument shall be noted on the over-ten domestic docket which starts at 8:30 a.m.
Should more than fifty (50) cases be noted for argument on the morning
docket, those in excess of fifty (50) shall automatically be scheduled to be
heard on the afternoon domestic docket of the same day and the parties shall be
notified of such by the Superior Court Clerk's office. Any case scheduled but
not heard on the morning docket shall be heard on the afternoon domestic docket
of the same day.
(B) All Benton County family court motions requiring less than ten (10) minutes
for argument and all pro se domestic motions, except for motions regarding
relocation, shall be heard on the afternoon domestic relations docket
which starts at 1:30 p.m.
(C) Benton County relocation motions shall be heard on the Prosser domestic docket.
(2) Declarations (Benton and Franklin Counties).
(A) Generally. Absent prior authorization from the court, the entirety of
all declarations and affidavits from the parties and any non-expert witness in
support of motions, including any reply, shall be limited to a sum total of
twenty-five (25) pages, excluding cover page and fax transmittal affidavit.
The entirety of all declarations and affidavits submitted in response to
motions shall be limited to a sum total of 20 pages. All declarations or
affidavits in excess of the page limitations shall not and will not be reviewed
or considered by the court. All declarations and affidavits must be legibly
hand-printed or typed in at least ten (10) point type. Authorization to exceed
the declaration page limitation shall be in writing and filed under the
respective cause number in the Superior Court Clerk's office.
(B) 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.
(C) Financial declarations. Financial declarations and financial documents
do not count toward the page limit.
(D) Expert reports and evaluations. Declarations, affidavits, and reports
from Court Appointed Special Advocates, Family Court Services, police reports,
guardians ad litem and expert witnesses do not count toward the page limit.
(D) 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
do not count toward the page limitation.
(3) Time for Argument.
(A) Each side on the over-ten family Court motion docket is allowed seven (7)
minutes for oral argument including rebuttal unless otherwise authorized by the court.
Authorization to exceed the oral argument time limit by up to four minutes may
be granted if the court determines that exceptional circumstances warrant authorization.
Such authorization must be obtained prior to commencement of the docket.
Each side on the regular domestic docket is allowed five (5) minutes for oral argument
including rebuttal.
(Adopted Effective September 1, 2007, September 1, 2009.)
Local Civil Rule 95.00W
DOMESTIC RELATIONS WAIVER OF AGE TO MARRY
Applications for waiver of minimum age to marry shall be made through the
Juvenile Department of the Superior Court. Application shall contain such
information and supporting documentation as may be prescribed by the Director
of Juvenile Court. Before Court hearing, applicants must give evidence of
completion of a program of premarital counseling by a licensed counselor, a
counseling agency, or their rabbi, priest or minister, together with such
counselor's recommendation, and shall be interviewed by a probation counselor
of the Juvenile Department who may offer recommendations to the Court.
[Adopted Effective April 1, 1986]
Local Civil Rule 96.00W
CHANGE OF NAME OF STEPCHILD
When a change of name to that of the stepfather is sought for a child under
eighteen (18) years of age, notice must be given to the natural father in the
manner of giving notice to a non-consenting parent in an adoption, and in addition,
written consent will be required of any child over fourteen (14) years of age.
[Adopted Effective April 1, 1986]
Local Special Proceedings Rule 98.18
COURT-CREATED TRUSTS
(a) Special Needs Trusts and Trust governed by SPR 98.16W shall be
approved in accord with the following requirements:
(1) A copy of the proposed trust document, note for hearing and
trustee's fee schedule shall be submitted to the Guardianship Monitoring
Program one week in advance of the hearing. The entire matter may be presented
Ex Parte with the Clerk's office, unless notice has been requested by another party.
(2) An independent Guardian Ad Litem, specifically qualified in the
area of court-created trusts, must be appointed to evaluate the proposed trust unless:
(a) The Court has ordered that the trust be drafted by independent
trust counsel; or
(b) The basis for eligibility for a special needs trust in a physical
disability only and the adult beneficiary is competent. However, the Court may, in its
discretion, appoint a Guardian ad Litem for an otherwise competent beneficiary if
it determines that he or she may not fully appreciate all the issues involved in
creating the trust.
(3) The proponent of a trust must identify any other roles expected
for trustees or members of a trust advisory committee in the life of the
beneficiary. This would include caregivers, professional advisors, family or
others who might receive direct or indirect economic benefit from trust expenditures.
(4) The order approving the trust may only be entered in a file with
a probate/guardianship type "4" case assignment number to facilitate tracking.
The order must have space designated on the face page to highlight due dates
for accountings and other required filings. The trust document must be filed
in the Superior Court file.
(5) The trustee is required to furnish annual accountings to the
Court for approval on notice to any interested parties.
(6) The trust may not provide for removal to another venue or
jurisdiction without order of this Court.
(7) A parent of a minor beneficiary is not the sole trustee or, if
co-trustee, is not able to authorize a trust disbursement without Court
approval.
(8) The appointment of any successor trustee is subject to approval
of the Court.
(9) A trustee, other than a bank or trust company, is required to
post a bond in the full amount of trust funds not placed in blocked accounts.
(10) Amendment of the trust shall only be by order of this Court.
(11) The trustee must file an inventory with the Court within 30 days of the
funding of the trust. An amended inventory must be filed within 30 days if additional
funding, in excess of $3,000, takes place after the filing of the initial inventory.
(12) The trustee must file with the Court an outline of thebeneficiary's
projected needs and significant trust expenditures within 30 days of their
appointment and annually at the time of each accounting to the Court.
[Adopted effective September 1, 2009]
Local Special Proceedings Rule 98.20
ESTATES-GUARDIANSHIPS
(a) Hearings. All proceedings in guardianship will normally be presented
Ex Parte With the Clerk's office. Matters that require a hearing shall be placed on
the Probate Calendar.
(b) Pleadings. Parties are required to use those guardianship forms approved
by the Benton and Franklin Counties Superior Court for guardianship proceedings.
(c) Presentation of Reports and Care Plans.
(1) The original of any report, accounting or care plan shall be filed in
the Clerk's Office.
(2) A copy of the report, accounting or care plan shall be clearly marked
"BENCH COPY" provided to the Superior Court Guardianship Monitoring Program
together with an original and one copy of a proposed order approving the
report, accounting and/or care plan and a stamped, self-addressed envelope.
(3) Originals of any supporting documentation for accountings
shall be filed in the Clerk's Office. This shall include monthly bank
statements, canceled checks or substitute images thereof provided by the
financial institution, and receipts as appropriate. If the guardian of the
estate is a bank or trust/agency company, it may file a computer printed
statement of account in lieu of receipts or canceled checks. However, it must
still complete the Report and Accounting form.
(4) Copies of any supporting documentation for accountings shall be
provided to the Superior Court Guardianship Monitoring Program. This shall
include monthly bank statements, canceled checks or substitute images thereof
provided by the financial institution, and receipts as appropriate. If the
guardian of the estate is a bank or trust/agency company, it may file a
computer printed statement of account in lieu of receipts or canceled checks.
However, it must still complete the Report and Accounting form.
(d) Final Accounting. When a guardianship of the estate terminates and
a guardian files a final account, an order shall be presented to the court
setting a hearing on notice pursuant to RCW 11.92.053. The order shall be on a
form approved by the court. However, if the sole basis for the guardianship is
the minority of the incapacitated person, the guardian may settle the account
by filing a declaration of completion and serving notice thereof, on forms
approved by the court, in accord with RCW 11.88.140. If the guardian of the
estate resigns or is removed, but the guardianship continues, the court may in
its discretion, settle the account as an ex parte intermediate account or
require a hearing on notice.
(e) Attorney of Record. The attorney representing the Guardianship
shall be considered the attorney of record until his or her withdrawal. Should
the attorney representing the estate choose to withdraw, the attorney must
advise the court of the name and address of the party to be notified, should
that be necessary, of a delinquent report, accounting or Periodic Personal Care
Plan. The notice to the court shall be filed prior to the effective date of
the withdrawal of the attorney.
(f) Noncompliance Calendar.
(1) The Guardianship Monitoring Program office shall record all due
dates for guardian's reports, and filings as set by the court. This shall
include, but not be limited to an inventory, care plan, designation of standby-
guardian, report and accounting or receipt for blocked account. The Court
Administrator shall set a periodic Noncompliance Calendar for those cases in
which guardians have not met the required due dates.
(2) Order to Appear. If reports and filings are not presented
timely, an order to appear on the guardianship noncompliance calendar shall be
sent to the attorney of record and/or the guardian citing the parties into court.
Appearance on the calendar is mandatory. The attorney and/or the guardian shall
have at least five days notice, in accordance with CR 6, to appear.
(3) Attendance at Noncompliance Calendar Excused. If the guardian
files the required document(s) referenced in the noncompliance notice at least
five days in advance of the calendar date, they shall be excused from
attendance at the calendar.
(4) Sanctions on the Noncompliance Calendar. The judicial officer
assigned to hear the guardianship noncompliance calendar may impose monetary
sanctions, increase the bond, suspend the duties of the guardian, appoint a
guardian ad litem, and/or remove the guardian.
(g) Review Hearing/Conference. If after initial review of a
guardian's report or other filing, it is found unacceptable by the Court, the
guardian shall be notified of the additional information or corrective action
required. Additionally, the Court may cite the guardian in to appear at an
informal review conference or in-court review hearing. The Court may then take
appropriate action to resolve any concerns regarding the guardian's performance
of their fiduciary duties.
[Adopted effective September 1, 2009]
Local Guardian Ad Litem Rule 1
SCOPE
(a) This rule covers the maintenance and administration of the Guardian
ad Litem Registries maintained by the Superior Court Administrator's office
pursuant to RCW 4.08.060 as amended, RCW 8.25.270 as amended, RCW 11.88.090 as
amended, Superior Court Guardian ad Litem Rules GALR as amended, and RCW 26.12
as amended. (The Guardian ad Litem Registry for dependency cases pursuant to
RCW 13.34 is maintained and administered by the Juvenile Court Administrator's office).
(b) These rules shall be supplemented by administrative rules and polices
adopted by the Court.
[Adopted effective September 1, 2003]
Local Guardian Ad Litem Rule 2
Registry Administration
(a) The Court shall maintain and administer Guardian ad Litem registries
for Adoption, Guardianship, and Family Law. These registries shall not include
Juvenile Court Guardians ad Litem, or Court Appointed Special Advocates, which
shall continue to be administered independently by their respective programs.
These requirements and procedures also apply to persons not listed on a
registry who are appointed to serve as a Guardian ad Litem in a field for which
there is a registry.
(b) The Court shall maintain a completed application form, and background
information records pertaining to each person on a registry. Persons listed on
a registry or registries shall reapply and update background information
annually on a date specified for each registry. All application and background
information, with the exception of personal identifying information in family
law cases, and pending complaints, shall be available for public inspection.
(c) Persons shall be selected to serve on each registry at the discretion
of the Court giving due consideration to: (a) having a sufficient number of
Guardians ad Litem available to fulfill the requests for appointment; (b) achieving
and maintaining a high level of knowledge, skill and competence within each given
field. In some cases there may be more qualified applicants than will be needed
or would benefit the program, so that not all persons applying will be selected.
(d) The Court may sponsor or approve training which registry applicants shall
be required to attend to maintain and improve their level of proficiency. Title
11 Guardian ad Litem registry applicants must complete any training required by
RCW 11.88.090 prior to placement of the applicant's name on the guardianship registry.
(e) Each registry may be reconstituted periodically after an open
application period has been publicly announced. The Court may allow additional
applicants to be added to a registry periodically.
(f) The Court may impose an application fee and/or charge a fee for the
training programs.
[Adopted effective September 1, 2003, September 1, 2004]
Local Guardian Ad Litem Rule 5
APPOINTMENT OF GUARDIAN AD LITEM
(a) Equitable Distribution of Workload/Appointment of Guardian ad
Litem from registry.
(1) Adoption Registry
(A) Any person listed on the Adoption registry may be appointed upon stipulation
of the parties and agreement of the Guardian ad Litem to accept the case.
(B) Absent a stipulation to a particular person listed on the registry,
the Court Administrator/or designee shall, upon order of the Court, appoint a
Guardian ad Litem from the registry on a rotational basis subject to the
Guardian ad Litem's agreement to accept the case.
(2) Guardianship Registry
(A) A party needing an appointment from the Guardianship registry shall
provide by e-mail, fax or letter a written request to the Superior Court
Administrator's Office, which office shall, except in extraordinary
circumstances, appoint as Guardian ad Litem that person whose name next appears
on the registry on a rotational basis and meets the requirements of RCW
11.88.090 (3) (a) subject to that person's acceptance of the appointment.
(B) The person appointed by the Court Administrator's Office shall serve upon the
parties a notice of acceptance and qualifications in conformance with RCW 11.88.090.
(C) Guardian ad Litems appointed pursuant to RCW Title 11 shall be compensated in
accordance with the provisions of RCW 11.88.090 and RCW 11.88.097 provided,
however, that in the event it is shown by motion supported by affidavit that
the county shall be responsible for such costs, the fees shall not exceed
$750.00 per case. The affidavit in support of a motion for Court paid fees
shall set forth the financial position of the alleged incapacitated person,
including assets, potential causes of action, monthly income and monthly
expenses. If additional fees beyond the $750.00 are requested such request
shall be by a separate motion supported by appropriate affidavits. The order
authorizing disbursal of County funds shall provide that those fees shall be
reimbursed to the County in the event the estate obtains, within a reasonable
period of time, sufficient assets.
(D) Should any person appointed herein fail to accept such appointment
more than twice in a calendar year, or fail to accept a County pay appointment
if the Guardian ad Litem is selected on the rotational registry, such persons
name will be deleted from the registry at the Court's discretion.
(3) Family Law (Title 26) Registry Guardians ad Litem appointed pursuant to
RCW Title 26 shall be appointed in the following manner:
(A) A Guardian ad Litem shall be appointed within (120) days of filing of
the action. Upon either the motion of the Court or a party to an action and
subsequent decision of the Court to appoint a Guardian ad Litem, each party to
the action shall be provided with a list of three names from the registry along
with background information as specified in RCW 26.12.175(3), including their
hourly rate for services. Each party may, within three (7) judicial days,
strike one name from the list. If more than one name remains on the list, the
Court shall appoint the first named Guardian ad Litem not stricken by a party.
In the event all three names are stricken, the Court shall appoint the
alternate named Guardian ad Litem on the list as placed on the list pursuant to
section (C) below.
(B) The Superior Court Administrator or his or her designee shall, at
such time as is ordered by the Superior Court, shall prepare a strike list packet.
(C) Said strike list packets shall be prepared by randomly selecting
three names from the registry.
Additionally, for each strike list packet, one additional name shall
be randomly selected as the alternate Guardian ad Litem.
(D) The Court may, for good cause and upon written finding, appoint a
specific Guardian ad Litem to a case upon recommendation of the parties. Good
cause may include expertise in a particular area, previous appointment of a
Guardian ad Litem to the specific case, or such other reason as determined by
the Court. The hourly rate for services charged by a Guardian ad Litem does
not constitute good cause for the appointment of a specific Guardian ad Litem
upon recommendation of the parties.
(b) Procedure to Address Complaints. Complaints by Guardians ad Litem
regarding registry or appointment matters shall be made in writing and be
addressed to the Administrative Presiding Judge. A copy of the complaint shall
be provided to the Court Administrator. The Administrative Presiding Judge
shall provide written response to the complainant within 15 business days of
receipt of the complaint.
[Adopted effective September 1, 2002, Amended effective September 1, 2003,
September 1, 2004, September 1, 2009, September 1,2010, September 1, 2011]
Local Guardian Ad Litem Rule 7
GRIEVANCE PROCEDURE
(a) When the Court Administrator receives a written complaint alleging
one of the following:
(1) There has been a violation of the Guardian ad Litem Code of Conduct,
(2) There has been a misrepresentation of his or her qualification to be
a Guardian ad Litem, or
(3) Has not met the annual update requirements set forth in policy
paragraphs 1.2; or
(b) When the Court Administrator becomes aware of any reason that would
place the suitability of the person to act as Guardian ad Litem in question,
including, but not limited to the following:
(1) Breach of confidentiality.
(2) Falsifying information on the application.
(3) Falsifying information in a Court report.
(4) Failure to report abuse of a child.
(5) Ex-parte communication.
(6) Representing the Court in a public forum, without prior approval of
the Court.
(7) Violation of state, or local laws, rules of this policy, while a
Guardian ad Litem.
(8) Dissemination of Bi-Pen (Bi-County Police Information) records
(c) The Court Administrator/or designee shall seek a written response
from the Guardian ad Litem only upon findings by the Court Administrator/or
designee that a response is necessary. Should a response from the Guardian ad
Litem be requested and upon receipt of the response, the Court Administrator/or
designee will forward the complaint, and the response to the Presiding Judge,
or his or her designee(s). The Guardian ad Litem shall be notified of any
decision to suspend or remove the Guardian ad Litem from a registry. A
Guardian ad Litem seeking reconsideration of the decision shall do so in
writing to the Superior Court Administrator/or designee, who shall forward the
request, and other documents to the Presiding Judge, or his or her designee(s).
At the discretion of the Presiding Judge, or his or her designee(s), the
Guardian ad Litem's participation in the registry may be suspended pending
resolution of the complaint. The Guardian ad Litem shall be notified in
writing of the final decision of the Court.
(d) The Court's decision may deny a person listing on, or may temporarily
suspend from, or permanently removed from, the registry for any reason that
places the suitability of the person to act as a Guardian ad Litem in question.
(e) A Guardian ad Litem who ceases to be on the registry, and who still
has active or incomplete cases shall immediately report this circumstance to
the Superior Court Administrator/or designee who will reassign such cases.
[Adopted effective September 1, 2002, amended September 1, 2003, September 1, 2010]
Local Mandatory Arbitration Rule 1.1
APPLICATION OF RULES
The purpose of mandatory arbitration of civil actions under RCW 7.06 as
implemented by the Mandatory Arbitration Rules is to provide a simplified and
economical procedure for obtaining the prompt and equitable resolution of
disputes involving claims not exceeding fifty thousand dollars ($50,000). The
Mandatory Arbitration Rules as supplemented by these local rules are not
designed to address every question which may arise during the arbitration
process and the rules give considerable discretion to the arbitrator. The
arbitrator should not hesitate to be informal and expeditious, consistent with
the purpose of the statute and rules.
[Adopted Effective September 1, 1996; Amended Effective March 1, 1997,
September 1, 2003, January 1, 2006]
Local Mandatory Arbitration Rule 1.2
MATTERS SUBJECT TO ARBITRATION
By implementation of these rules the Superior Court of Washington for Benton
and Franklin Counties authorizes mandatory arbitration under RCW 7.06.010, and
approves such arbitration in civil actions in which no party asserts, on the
party's own behalf, a claim in excess of fifty thousand dollars ($50,000)
exclusive of interest, attorney's fees, and costs under RCW 7.06.020 as amended.
[Adopted Effective September 1, 1996; Amended Effective March 1, 1997, January 1, 2006]
Local Mandatory Arbitration Rule 2.1
TRANSFER TO ARBITRATION
(a) Statement of Arbitrability. In every civil case, following the
commencement of the action, but no later than the date set forth in the case
schedule order pursuant to LCR 4 or for cases filed on or before December 31,
2000 where no case schedule order has been issued, no later than sixty (60)
days prior to a properly noted and set trial, any party may, upon the form
prescribed by the court and maintained in the Court Administrator's Office,
complete a statement of arbitrability. The statement of arbitrability shall be
filed in the superior court clerk's office and a duplicate copy delivered to
the court administrator's office and the opposing party or parties. A party
failing to file and serve a statement of arbitrability within the time
prescribed shall be deemed to have waived arbitration, and may subject the
matter to mandatory arbitration thereafter only upon leave of the court for
good cause shown.
If the plaintiff's claims are subject to mandatory arbitration and no
counterclaim or cross-claim is filed, the plaintiff shall file the statement of
arbitrability, without unreasonable delay.
If a counterclaim or one or more cross-claims is filed and the matter is
subject to mandatory arbitration, the last party filing a counterclaim or cross-
claim shall file the statement of arbitrability, without unreasonable delay.
(b) Response to Statement of Arbitrability. Any party disagreeing with the
statement of arbitrability shall serve and file a response on the form
prescribed by the Court and maintained in the Court Administrator's Office. A
duplicate copy of the response shall be delivered to the court administrator.
In the absence of such a response, the statement of arbitrability shall be
deemed correct. Any response opposing the statement of arbitrability shall be
filed within 10 court days after receipt of the statement of arbitrability. A
notice of issue shall be filed with any response objecting to the statement of
arbitrability, noting the matter for hearing on the issue of arbitrability
within 10 court days of filing the response.
(c) Failure to File - Amendments. A person failing to serve and file an
original response within the times prescribed may later do so only upon leave
of the court. A party may amend a statement of arbitrability or response at
any time before assignment of an arbitrator or assignment of a trial date, and
thereafter only upon leave of the court for good cause shown.
(d) When Transfer to Arbitration Occurs for Purposes of Application of Local
Rules. The case is transferred to arbitration upon the filing of a statement
of arbitrability indicating that the case is subject to arbitration unless an
objection to arbitration of the case is received within the time limits found
in LMAR 2.1(b). This transfer shall also trigger the restriction on discovery
contained in MAR 4.2 and LMAR 4.2.
(e) Civil Case Schedule Order Stricken. Any civil case schedule order
entered in an action pursuant to LCR 4 shall be stricken upon the filing of a
statement of arbitrability unless an objection to arbitration of the case is
received within the time limits found in LMAR 2.1(b) in which event the
civil case schedule order shall be stricken upon issuance of an order directing
the case to mandatory arbitration following a hearing on the objection.
[Adopted Effective September 1, 1996; Amended Effective September 1, 1998;
September 1, 1999; September 1, 2002. September 1, 2003, September 1, 2011]
Local Mandatory Arbitration Rule 2.3
ASSIGNMENT TO ARBITRATOR
(a) Generally; Stipulations. When a case is transferred to arbitration,
but not less than ninety (90) days following filing and service on all parties
subject to arbitration, a list of five proposed arbitrators will be furnished
to all parties. A master list of arbitrators will be made available upon
request. The parties are encouraged to stipulate to an arbitrator. In the
absence of a stipulation, the arbitrator will be chosen from among the five
proposed arbitrators in the manner defined by this rule. If the parties
stipulate to an arbitrator who is not one of the five proposed arbitrators,
they must obtain the arbitrator's consent to appointment prior to submitting
the stipulation to the Court.
(b) Response by Parties. Each party may, within 10 court days of the date
mailed by the court, after a list of proposed arbitrators is furnished to the
parties, nominate one or two arbitrators and strike one or two arbitrators from
the list. If both parties respond, an arbitrator nominated by both parties
will be appointed. If no arbitrator is nominated by both parties, the court
administrator will randomly appoint an arbitrator from among those not stricken
by either party.
(c) Response by Only One Party. If only one party responds within 10 court
days of the date mailed by the court, the court administrator will appoint an
arbitrator nominated by that party.
(d) No Response. If neither party responds within 10 court days of the date
mailed by the court, the court administrator will randomly select and appoint
one of the five proposed arbitrators.
(e) Additional Arbitrators for Additional Parties. If there are more than
two adverse parties, at least two additional proposed arbitrators shall be
added to the list with the above principles of selection to be applied. The
number of adverse parties shall be determined by the court administrator,
subject to review by a superior court judge.
(f) List of Proposed Arbitrators. Parties do not have to serve choices upon
each other and the court administrator must keep selections confidential. The
court administrator must retain returned lists of proposed arbitrators until
the time for appeal has expired or a request for trial de novo is received,
whichever is sooner.
[Adopted Effective September 1, 1996: Amended Effective September 1, 1998,
September 1, 2006]
Local Mandatory Arbitration Rule 3.1
QUALIFICATIONS OF ARBITRATORS
(a) Arbitration Panel. There shall be a panel of arbitrators in such
numbers as the administrative committee may from time to time determine. A
person desiring to serve as an arbitrator shall complete an information sheet
on the form prescribed by the Court. A list showing the names of arbitrators
available to hear cases and the information sheets will be available for public
inspection in the court administrator's office. The oath of office on the form
prescribed by the Court must be completed and filed prior to an applicant being
placed on the panel.
(b) Qualification. Unless otherwise stipulated, an arbitrator must be a
member of the Washington State Bar for 5 years or a retired judge.
(c) Refusal; Disqualification. The appointment of an arbitrator is subject
to the right of that person to refuse to serve. An arbitrator must notify the
court administrator within three court days of receipt of the notice of
appointment if refusing to serve or if any cause exists for the arbitrator's
disqualification from the case upon any of the grounds of interest,
relationship, bias or prejudice set forth in CJC Canon 3(c) governing the
disqualification of Judges. If disqualified, the arbitrator must immediately
return all materials in a case to the court administrator. A party may
challenge the qualifications of an arbitrator by motion to the Court if the
motion is made within 10 court days of the appointment of the arbitrator.
[Adopted Effective September 1, 1996, September 1, 2003, September 1, 2011]
Local Mandatory Arbitration Rule 3.2
AUTHORITY OF ARBITRATORS
(a) Authority. An arbitrator has the authority to:
(1) Determine the time, place, and procedure to present a motion before the arbitrator.
(2) Require a party and/or attorney to pay the reasonable expenses,
including attorney fees, caused by the failure of such party and/or attorney to
obey an order of the arbitrator unless the arbitrator finds that the failure
was substantially justified or that other circumstances make an award of
expenses unjust. The arbitrator shall make a special award for such expenses
and shall file such award with the clerk of the superior court, with proof of
service on each party. The aggrieved party shall have 10 days thereafter to
appeal the award of such expense in accordance with the procedure described in
RCW 2.24.050. If, within 10 days after the award is filed no party appeals, a
judgment shall be entered in the manner described generally under MAR 6.3.
(3) Award attorney fees, as authorized by these rules, by contract, or by law.
(2) Determine the time and place for the arbitration hearing.
(3) Award, by judgment or offset, the fee paid by a party to initiate
arbitration where the arbitrability is clear and the party responsible for filing
the statement of arbitrability unreasonably delayed in the filing of a statement or
arbitrability, regardless of which party substantially prevails.
(b) Motions. All motions shall be presented to the arbitrator, unless a)
arbitrability is at issue, b) assignment of arbitrator is disputed, c) motion
is for involuntary dismissal, d) motion is for summary judgment, e) motion is
for failure to state a cause of action, or f) motion is to add or change parties.
(c) Immunity. Arbitrators shall have immunity to the same extent as
provided for superior court judges in Washington State.
[Adopted Effective September 1, 1996, September 1, 2011]
Local Mandatory Arbitration Rule 4.2
DISCOVERY
(a) Additional Discovery. In determining when additional discovery beyond
that directly authorized by MAR 4.2 is reasonably necessary, the arbitrator
shall balance the benefits of discovery against the burdens and expenses. The
arbitrator shall consider the nature and complexity of the case, the amount in
controversy, values at stake, the discovery that has already occurred, the
burdens on the party from whom discovery is sought, and the possibility of
unfair surprise which may result if discovery is restricted. Authorized
discovery shall be conducted in accordance with the Superior Court Civil Rules,
except motions concerning discovery shall be determined by the arbitrator.
Except as provided in MAR 4.2, discovery pending when a case is transferred to
arbitration is stayed except on stipulation of the parties. All discovery
admissible under the Superior Court Civil Rules and Washington Rules of
Evidence is admissible at arbitration, whether produced before or after the
appointment of the arbitrator.
(b) Notwithstanding the Foregoing. The following interrogatories may be
submitted to any party:
(1) State the amount of general damages being claimed;
(2) State each item of special damages being claimed and the amount thereof;
(3) List the name, address, and telephone number of each person having
knowledge of any facts regarding liability;
(4) List the name, address, and telephone number of each person having
knowledge of any facts regarding the damage claimed;
(5) List the name, address, and telephone number of each expert witness you
intend to call at the arbitration hearing. For each expert, state the subject
matter on which the expert is expected to testify; state the substance of the
facts and opinions to which the expert is expected to testify, and a summary of
the grounds for each opinion.
(6) If you are claiming bodily injury damages, please describe your present
physical condition as the same relates to the incident giving rise to your
complaint and being specific as to the area(s) of your body you claim was injured.
(7) If you are claiming bodily injury damages, please list the name,
address, and telephone number of each and every health care provider with whom
you treated, consulted with, or were examined by: (a) in the ten (10) years
preceding the incident giving rise to your complaint; and (b) from the date of
said incident to the present date.
(8) Identify the existence of and the contents of any insurance agreement
under which any person carrying on an insurance business may be liable to
satisfy part of all of a judgment which may be entered in the action or to
indemnify or reimburse for payments made to satisfy the judgment; and any
documents affecting coverage (such as denying coverage, extending coverage, or
reserving rights) from or on behalf of such person to the covered person or the
covered person's representative. For purposes of this section, an application
for insurance shall not be treated as part of an insurance agreement. Discovery
produced pursuant to this subsection shall not be disclosed to the arbitrator.
(9) Identify all parties who you contend have not been properly served with
the summons and complaint.
Upon request, all records reflecting the treatments, consultations, and
examinations must be produced unless the requester is provided a medical
authorization sufficient to allow the requester to obtain independent access to
said records at his or her own expense. Alternatively, the requesting party
may also request records through depositions upon written questions as allowed by CR 31.
Only these interrogatories, with the exact language as set out above, are permitted.
[Adopted Effective September 1, 1996; Amended Effective September 1, 1998,
September 1, 2003, September 1, 2010, September 1, 2011]
Local Mandatory Arbitration Rule 4.4
NOTICE OF SETTLEMENT
(a) Notice of Settlement. After any settlement that fully resolves all
claims against all parties, the plaintiff shall, within 5 days or before the
arbitration hearing, whichever is sooner, file and serve a written notice of
settlement on the form prescribed by the Court. The notice shall be filed with
both the arbitrator and the Court. Where notice cannot be filed with the
arbitrator before the arbitration hearing, the plaintiff shall notify the
arbitrator of the settlement by telephone prior to the hearing, and the written
notice shall be filed and served within five days after the settlement.
(b) Dismissal by the Court. If an order dismissing all claims against all
parties is not entered within 60 days after written notice of settlement is
filed, or within 60 days after the scheduled arbitration hearing date,
whichever is earlier, the court administrator will mail notice to the
attorneys of record that the case will be dismissed by the Court for want of
prosecution unless, within 10 court days after the mailing, a party makes a
written application to the Court, showing good cause why the case should not be
dismissed. If good cause is shown, the case may be reinstated to the
original arbitrator for an additional 90 days or for such period of time as the
Court may designate. If an order dismissing all claims against all parties is
not entered during that additional period of time, the court administrator
shall issue another notice as described above.
[Adopted Effective September 1, 1996; Amended Effective September 1, 1998]
Local Mandatory Arbitration Rule 5.1
NOTICE OF HEARING
(a) Time For Hearing. The arbitrator shall set the time, date, and place of
the hearing and shall give reasonable notice of the hearing date to the
parties. Except by stipulation or for good cause shown, the hearing shall be
scheduled to take place not sooner than 21 days, nor later than 63 days, from
the date of the assignment of the case to the arbitrator, however, in no
instance shall the original hearing date be set later than 120 days from the
appointment of the arbitrator. The arbitrator may grant a continuance of the
hearing date not to exceed 60 days beyond the original hearing date. In the
absence of agreement of the parties and arbitrator on the date for any hearing,
the arbitrator shall have the authority to set a hearing date over the
objection of the parties which is consistent with this rule. Any setting of
the original hearing date later than 120 days from the appointment of the
arbitrator or any continuance of a hearing date more than 60 days from the
original hearing date must be noted on the civil motion docket before the
Presiding Judge and will be granted only for good cause shown.
(b) Confirmation of Hearing. Parties must confirm the hearing date with the
arbitrator one week prior to hearing. Failure to confirm the hearing with the
arbitrator may result in the cancellation of hearing at the arbitrator's
discretion. Parties must notify arbitrator of a settlement reached prior to
the scheduled hearing date in accordance with LMAR 4.4.
[Adopted Effective September 1, 1996; Amended Effective September 1, 1998, September 1, 2003]
Local Mandatory Arbitration Rule 5.2
PRE-HEARING STATEMENT OF PROOF - DOCUMENT FILED WITH COURT
In addition to the requirements of MAR 5.2, each party shall also furnish
the arbitrator with copies of pleadings and other documents contained in the
court file which that party deems relevant. The court file shall remain with
the county clerk.
[Adopted Effective September 1, 1996]
Local Mandatory Arbitration Rule 6.1
FORM AND CONTENT OF AWARD
(a) Exhibits. All exhibits offered during the hearing shall be returned to
the offering parties.
(b) Attorney Fees/Statutory Costs. Any motion for actual attorney
fees/statutory costs, whether pursuant to contract, statute, or recognized
ground in equity, must be presented to the arbitrator as follows:
(1) Any motion for an award of attorney fees/statutory costs must be
submitted to the arbitrator and served on opposing counsel within five court
days of receipt of the award. There shall be no extension of this time, unless
the moving party makes a request for an extension before the five day period
has expired, in writing, and served on both the arbitrator and opposing counsel;
(2) Any response to the motion for attorney fees/statutory costs must be
submitted to the arbitrator and served on opposing counsel within five court
days after receipt of the motion;
(3) The arbitrator shall render a decision on the motion, in writing, within
ten court days after receipt of the motion;
(4) If the arbitrator awards attorney fees/statutory costs, the arbitrator
shall file an amended award. If attorney fees are denied, the decision shall
be filed and served on the parties;
(5) It is within the arbitrator's discretion to hold a hearing on the issue
of attorney fees;
(6) The time for appeal of the arbitrator's decision in any case where
attorney fees/statutory costs have been timely requested, as set forth above, shall
not run until the service and filing of the amended award, or the denial thereof.
[Adopted Effective September 1, 1996, September 1, 2003, September 1, 2008]
Local Mandatory Arbitration Rule 6.2
FILING OF AWARD
A request by an arbitrator for an extension of the time for the filing of an
award under MAR 6.2 may be presented to a superior court judge ex parte. The
arbitrator shall give the parties notice of an extension granted.
[Adopted Effective September 1, 1996]
Local Mandatory Arbitration Rule 7.1
REQUEST FOR TRIAL DE NOVO - CALENDAR - JURY DEMAND
(a) Assignment of Trial Date. If there is a request for a trial de novo, or
the case is otherwise removed from the Mandatory Arbitration calendar, the
Court will assign a trial date.
(b) Appeal Period -- Attorney Fees. In any case in which a party makes a
motion for attorney fees pursuant to LMAR 6.1 (b), the 20-day period for appeal
shall not commence until the arbitrator has filed and served either the amended
award or the written denial thereof.
(c) Case Schedule. Cases originally governed by a Case Schedule pursuant
to LCR 4, 4.1, or 4.1A will again become subject to a Case Schedule if a trial
de novo is requested. Promptly after the request for trial de novo is filed,
the Court will mail to all parties a Notice of Trial Date together with an
Amended Case Schedule, which will govern the case until the trial de novo. The
Amended Case Schedule will include the following deadlines:
SCHEDULE DUE DATE
1. Plaintiff's Disclosure of Lay and Expert Witnesses 1 months
2. Defendant's Disclosure of Lay and Expert Witnesses 3 months
3. Disclosure of Plaintiff's Rebuttal Witnesses 4 months
4. Disclosure of Defendant's Rebuttal Witnesses 5 months
5. Discovery Cutoff (60 days prior to trial) 5 ยฝ months
6. Settlement Position Statement filed by all parties; last
date for filing Statement of Arbitrability 6 months
7. Last Date for Hearing Dispositive Pretrial Motions 6 months
8. Settlement Conference 6 ยฝ months
9. Last Date for Filing and Serving Trial Management Report 7 months
10. Pretrial conference 7 months
11. Trial Memoranda, Motions in Limine, Jury Instructions 2 wks. to trial
12. Trial Date 8 months
(d) Jury Demand. The appealing party may file and serve on the other party
or parties a jury demand at the same time as the request for a trial de novo.
The non-appealing party shall have 14 calendar days after the request for the
trial de novo is served on that party to file a jury demand.
(e) Award to be Sealed. The clerk shall seal any award if a trial de novo
is requested.
[Adopted Effective September 1, 1996; Amended Effective September 1, 1998;
September 1, 2000, September 1, 2003]
Local Mandatory Arbitration Rule 8.3
EFFECTIVE DATE
Contingent upon funding by the county legislative authority, these rules, as
amended, become effective on the first day of January 1997, subject to
amendment thereafter. With respect to civil cases pending on that date, if the
case has not at that time received a trial date, or if the trial date has been
set for later than the first day of April, 1997, any party may serve and file a
statement of arbitrability indicating that the case is subject to mandatory
arbitration in accordance with the provisions of LMAR 2.1 (a). If, within 10
court days, no party files a response indicating that the case is not subject
to arbitration in accordance with the provisions of LMAR 2.1 (b), the case will
be transferred to the arbitration calendar. A case set for trial earlier than
the first day of April, 1997, will be transferred to arbitration only by
stipulation of all parties.
[Adopted Effective September 1, 1996, September 1, 2003]
Local Mandatory Arbitration Rule 8.4
TITLE AND CITATION
These rules are known and cited as the Benton and Franklin Counties Superior
Court Local Mandatory Arbitration Rules. LMAR is the official abbreviation.
[Adopted Effective September 1, 1996]
Local Mandatory Arbitration Rule 8.6
COMPENSATION OF ARBITRATOR
(a) Generally. Arbitrators shall be compensated in the same amount and
manner as judges pro tempore of the superior court; provided, however, that
said compensation shall not exceed $750.00 for any case unless approved by the
judge assigned to the arbitration administrative committee. Compensation may
be requested for hearing time and reasonable preparation time. Arbitrators may
be reimbursed a sum not to exceed $25.00 for costs incurred.
(b) Form. When the award is filed, the arbitrator shall submit to the court
administrator a request for payment on a form prescribed by the court.
[Adopted Effective September 1, 1996, Amended September 1, 2009]
Local Mandatory Arbitration Rule 8.7
ADMINISTRATION
(a) Court Administrator. The court administrator, under the supervision of
the court, shall implement the procedures mandated by these rules and perform
any additional duties which may be designated by the court.
(b) Administrative Committee. There shall be an administrative committee
composed of a superior court judge, the superior court administrator, two
members of the Washington State Bar Association, chosen by the Benton-Franklin
Counties Bar Association, and a representative from each of the superior court
clerk's offices.
(c) Administrative Committee -- Duties. The administrative committee shall
have the power and duty to:
(1) Select its chairperson and provide for its procedures;
(2) Select and appoint the panel of arbitrators;
(3) Remove a person from the panel of arbitrators;
(4) Establish procedures for selecting an arbitrator not inconsistent with
the Mandatory Arbitration Rules or these rules, and;
(5) Review the administration and operation of the arbitration program periodically
and make recommendations as it deems appropriate to improve the program.
[Adopted Effective September 1, 1996]
Local Criminal Rule 2.3
REVIEW OF SEALED AFFIDAVITS AND SEARCH WARRANTS
(a) Review. The court may review orders sealing search warrants and/or
affidavits in support thereof at any time upon the request of the prosecuting
attorney or upon motion of the court.
(b) Notice to and Response from Prosecuting Attorney. In each case in which
the court reviews a previously entered order sealing a search warrant and/or
affidavit in support thereof, the prosecuting attorney will be provided at
least 14 days prior written notice of such review. Prior to such review the
prosecuting attorney may submit to the court a memorandum generally setting
forth the state's position with regard to unsealing all portions of or none of
the sealed affidavit and/or search warrant.
(c) Filing of Responsive Memoranda. The original of any memorandum submitted
pursuant to subsection (b) will be filed, unsealed, with the order sealing the
affidavit and/or search warrant, and the prosecuting attorney will provide a
bench copy to the court. The court will consider any requests by the state to
seal all or portions of any affidavits or declarations filed in support of the
state's memorandum, and, if granted, enter an appropriate order.
(d) Order on Review. After considering the state's position and reviewing in
camera the order and the affidavit and/or search warrant sealed pursuant thereto, the
court will enter an order that (a) the affidavit and/or search warrant continue
to be sealed as previously ordered, (b) designated portions of the affidavit
and/or search warrant continue to be sealed and that the remainder thereof be
unsealed, or (c) the affidavit and/or search warrant be unsealed.
[Adopted Effective September 1, 2004]
Local Criminal Rule 3.1
RIGHT TO AND ASSIGNMENT OF COUNSEL
(a) Appointment of Counsel. Defendants who request appointment of counsel
may be required to promptly execute a financial disclosure under oath, which
shall be filed.
All appointments of counsel by reason of indigence are expressly contingent
upon indigence and full disclosure of assets. Where assets are discovered or
acquired subsequent to appointment which would indicate that defendant can
afford counsel, or if the defendant can afford part payment, fees may be
ordered paid, pursuant to the appointment agreement, by the Court.
Upon appointment of counsel for indigent criminal defendants or other
litigants, the clerk shall promptly provide counsel with notice of the appointment.
Attorneys representing defendants in criminal cases, except for appointed
attorneys, must serve prompt written notice of their appearance upon the
prosecuting attorney and file the same with the Clerk of the Court.
Whenever an attorney appears for a defendant in a criminal case at
arraignment, the appearance shall be unconditional. No appearance shall be
conditioned on payment of fees or for any other reason.
(b) Services Other than Counsel. Pursuant to the authority under CrR
3.1(f), all requests and approval for expert services expenditures are hereby
delegated to the Benton and Franklin Counties Office of Public Defense. Upon
finding that investigative, expert or other services are necessary to an
adequate defense and that defendant is financially unable to obtain them, the
Benton and Franklin Counties Office of Public Defense (OPD) shall authorize the
services. Where services are denied in whole or in part, the defendant may
move for de novo review to the Presiding Judge. Should the defendant seek an
order sealing the moving papers, defendant shall present, along with the moving
papers, a motion and proposed order sealing the documents to the OPD. The OPD
shall submit the motion to seal and proposed order with the moving papers
regarding request for expert services and the OPD's order on the motion for
expert services to the Presiding Judge.
(c) Upon Appeal. In cases involving appeals from another court to the
Superior Court in which the defendant wishes counsel to be appointed in the
Superior court on the basis of indigence, the following will apply:
(1) The trial attorney shall be responsible for:
(A) Perfecting the appeal to the Superior Court.
(B) Noting the issue of appointment of counsel upon the next criminal motion
docket following the perfection of the appeal.
(C) Preparing an affidavit of indigence.
(D) Representing the defendant at such hearing.
(2) The defendant shall be present at the hearing upon the motion to
establish indigence.
[Adopted Effective April 1, 1986, September 1, 2003, September 1, 2009]
Local Criminal Rule 3.2
RELEASE OF ACCUSED
(a) Bail and Recognizance. Defendants on bail or recognizance are expected to
be available for nonscheduled appearances upon seventy-two (72) hours notice to
defendant or defendant's attorney. They are expected to be present and on time
at all scheduled appearances concerning which they have received either oral or
written notice. Failure to appear in accordance with this rule may result in
forfeiture of bail, revocation of recognizance, issuance of a bench warrant for
arrest or additional criminal charges.
(b) New Conditions of Release. In the event that bail is forfeited for any
reason, new conditions of release must be entered and a new bond posted. No order
reinstating a previously forfeited bond shall be issued by the court; however,
the court may, for good cause shown, vacate the judgment of forfeiture.
(c) Separate Bond Required. All case filings wherein conditions of release
requiring bail are set shall require a separate and distinct bond posted by the surety
in the specific amount specified for each case. A bond in the aggregate amount
for multiple cases will not be allowed nor shall any order be presented to the
court that fails to specify the exact amount of bail for each matter addressed
in the order.
(d) Post-Conviction Release. No plea of guilty shall be conditioned upon
any agreement concerning the conditions of release provided for in CrR 3.2(f).
[Adopted Effective April 1, 1986, September 1, 2004, September 1, 2009]
Local Criminal Rule 3.4
COURT APPEARANCE OF DEFENDANTS
All preliminary and timely arrangements for the court appearance of any
defendant held in custody shall be the responsibility of the Prosecutor in
charge of the case.
[Adopted Effective April 1, 1986]
Local Criminal Rule 4.2
PLEAS AND CONTINUANCES
(a) When Heard. If a criminal case is set for trial, but is to be disposed
of by a change of plea, the plea shall be heard on or before the pre-trial
hearing unless the court authorizes a continuance until a later date.
(b) Court Commissioners. Superior Court Commissioners appointed under
Article 4, Section 23 of the Washington State Constitution are authorized to
accept and enter a plea of guilty.
[Adopted Effective April 1, 1986; Amended September 1, 2000, September 1, 2003]
Local Criminal Rule 4.5
OMNIBUS HEARINGS
In every criminal case (except appeals) an omnibus hearing date will be set
at the time of arraignment. Normally, it will be set for four (4) weeks from
the date of arraignment. At the time of the hearing, it will be expected that
defense counsel and Prosecuting Attorney will have already met and disposed of
all matters on the omnibus application that can be disposed of and that plea
bargaining will have been considered.
If there are any unresolved matters, they will be determined by the Court at
the hearing. If it is necessary to hold a suppression hearing, a date certain
will be set for such hearing at the time of the omnibus hearing. The defendant
shall be present at the omnibus hearing.
If there will be no pre-trial motions or hearings in a case, and all parties
agree that an omnibus hearing would not be beneficial, waiver of the hearing
may be requested by written stipulation which shall be signed by counsel and
defendant. Such a request constitutes an assurance that the case is ready for
trial on the date set and that all pre-trial matters have been disposed of.
All rulings of the Court at omnibus hearings or otherwise made in the
Criminal Motion Department shall be binding on the parties and shall not be re-
litigated at trial.
All briefs, declarations, affidavits, trial briefs, proposed jury
instructions, motions, proposed findings of fact and conclusions of law,
sentencing position statements, and pre-sentence investigation reports shall be
served and filed in the cause. Unless a party does not have access to a
computer or the internet, bench copies of all such documents shall be submitted
electronically via the internet at http://motion.co.franklin.wa.us/. Parties
without access to a computer and the internet shall deliver bench copies to the
Court administrator. All bench copies must be submitted not later than nine
(9:00) o'clock a.m., one (1) court day prior to the scheduled hearing,
proceeding or trial. No bench copies shall be submitted to the Court unless
prior thereto or simultaneously therewith a copy thereof has been served upon
or mailed to opposing counsel. All paper bench copies will be destroyed one
(1) week after the original date noted for hearing unless counsel requests
copies be returned with return postage arranged, or unless Court Administration
is advised of the new hearing date. When hearings are continued, the parties
shall amend the hearing date associated with all bench copies submitted electronically.
[Adopted Effective April 1, 1986, Amended September 1, 2011]
Local Criminal Rule 4.9
PRE-TRIAL HEARINGS
In every criminal case, a hearing shall be held for the purpose of
determining whether the parties have fully considered the possibility of
disposition of the case without trial; for the purpose of entering a plea
should a plea be tendered; for considering the matter of requests for
continuance; and for any other appropriate matters.
Such hearing shall be mandatory and the defendant's presence at such hearing
shall be mandatory.
The hearing shall be set on the criminal law and motion docket (2) dockets
prior to the trial date. It shall be the responsibility of each defense
attorney, upon receipt of the notice of the trial date, to notify the defendant
of this hearing. The failure of the defendant to be present at such hearing
(unless the case has been previously disposed of) will result in the revocation
of bail or personal recognizance and the issuance of a bench warrant for the
defendant's arrest. It may also result in the imposition of the sanctions.
[Adopted Effective April 1, 1986; Amended September 1, 2009]
Local Criminal Rule 4.11
TRIAL CONFIRMATION
Prosecuting attorneys and defense counsel shall confirm with the Court
Administrator's office all criminal jury trials in Benton County no later than
4:00 p.m. on the Thursday prior to the trial date and in Franklin County no
later than 12:00 p.m. on the Friday prior to the trial date.
[Adopted effective September 1, 2005, Amended September 1, 2011]
Local Criminal Rule 7.1
PROCEDURE BEFORE SENTENCING
A defendant convicted of a crime shall be sentenced as soon thereafter as
possible, consistent with the necessity for securing a pre-sentence report and
related diagnostic evaluations, where appropriate. In no case will any order
be entered which has the effect of delaying sentencing pending the initiation
or completion of a rehabilitative treatment program (as distinguished from a
diagnostic evaluation).
[Adopted Effective April 1, 1986, September 1, 2003]
Local Criminal Rule 7.2
SENTENCING
(e) Pre-Sentence Reports. Pre-sentence reports may be ordered by the Court
from one or more of the following sources:
(1) The Washington State Office of Adult Probation and Parole.
(2) The Prosecuting Attorney and defense counsel.
All pre-sentence reports should present alternatives to incarceration in
those cases in which it may appear that the public security can be accomplished
and the defendant's behavior altered by such an alternative.
All pre-sentence reports should indicate the loss or injury to the victim by
description and in dollar amounts where applicable.
Immediately upon the Court's ordering of a pre-sentence investigation, the
clerk shall notify the Washington State Office of Adult Probation and Parole.
[Adopted Effective April 1, 1986]
Local Juvenile Court Rule 1.1
SCOPE OF RULES, PURPOSE OF RULES, EFFECTIVE DATE, AMENDMENTS
(A) Scope. These local rules relate to the procedure in the Juvenile Court of
Benton and Franklin Counties and shall supplement the State Superior Juvenile
Court Rules. These rules shall also govern the policy and administration of
the Juvenile Court.
(B) Purpose. The express purpose of the local rules is to develop
standardized policy and procedures to ensure the fair and efficient operation
of the Benton-Franklin Juvenile Division of the Superior Court of the State of
Washington in Benton and Franklin County.
(C) Effective Date. These rules shall take effect on the 1st day of April
1988. All previous existing local Juvenile Court rules are hereby superseded
and declared void by the adoption of these rules.
(D) Amendments. The Judges of the Benton-Franklin County Superior Court may
from time to time amend these rules.
[Adopted effective April 1, 1988, amended effective September 1, 2003]
Local Juvenile Court Rule 1.6
JUVENILE COURT ADMINISTRATOR DUTIES AND AUTHORITY
(A) Juvenile Court Administrator
1. In accordance with RCW 13.04.035, the Juvenile Court will be directed by
an Administrator who is appointed by the Judges of the Superior Court and shall
serve at their pleasure.
2. The Administrator shall direct the Juvenile Court in accordance with the
policies and rules of the Judges and shall be directly responsible to the
presiding Juvenile Court Judge for all departmental operations and for the
carrying out of court rules and policies.
3. The Administrator shall establish written departmental rules and
procedures to carry out the statutory duties of the court and to comply with
court rules and policy. Such written rules and procedures shall be approved by
the Superior Court Judges.
4. In accordance with RCW 13.04.040, the Administrator shall appoint
probation counselors who shall serve at the pleasure of the Administrator. The
Administrator may also designate a Deputy Administrator subject to concurrence
of the Judges.
5. The Administrator shall have the authority to organize the personnel of
the department as the Administrator may deem appropriate for the carrying out
of the statutory duties of the court and to comply with court rules and policy.
6. The Administrator shall have the authority to administer the approved
budget of the department, to contract for expenditures, and authorize payment
in accordance with state law and county policy. All contracts are subject to
review as to form by the respective County Prosecuting Attorney.
7. The Administrator shall have the authority to establish written working
agreements with other agencies in regard to the carrying out of the statutory
work of the court. Such written working agreements are subject to review as to
form by the respective County Prosecuting Attorney.
8. The Administrator shall, in accordance with RCW 13.04.037, adopt written
standards for the regulation and government of the juvenile detention facility
and services and shall appoint a detention counselor who shall have charge of
the detention facility and shall be responsible to the Administrator for
compliance with the adopted detention standards. Such standards shall be
reviewed and the detention facilities shall be inspected annually by the Administrator.
9. The Administrator shall establish written departmental rules concerning
the assignment and use of all equipment, including all motor vehicles
registered or assigned to the Juvenile Court to ensure the equipment is being
used for the business of the court and in accordance with state law and county policy.
10. The Administrator shall establish written rules regarding employee working
hours and conditions. The Administrator may authorize or prescribe deviations
from the normal workday as the business of the court or department may require.
The Administrator shall represent the court in any negotiations with employees
regarding working conditions, hours and rules.
11. The Administrator shall establish written rules for employee discipline,
which may include, but are not limited to, verbal and/or written reprimand,
suspension without pay or termination, in accordance with state law and county policy.
12. The Administrator in conjunction with an ad hoc committee comprise of one
(1) panel attorney, the prosecuting attorneys or one (1) deputy prosecuting
attorney from each county, one (1) attorney from the local Washington State
Attorney General Office, a representative from the court's legal process unit
and the juvenile court commissioner shall annually review the Juvenile Court
policy and rules, the departmental rules and procedures, and the detention
standards and facilities and shall prepare and present a written annual report
to the Superior Court Judges.
13. The Administrator shall establish and maintain a central record keeping
system. Written rules and procedures shall be established governing the record
keeping system. Such rules and procedures shall be subject to review by the
Judges. Such record keeping system may be computerized.
14. The Administrator shall prepare annually a plan for the Juvenile court,
which shall include a proposed budget for the next calendar year.
15. The Administrator shall perform such other duties as required by the Judges.
[Adopted effective April 1, 1988]
Local Juvenile Court Rule 1.7
COURT FORMS
(A) Generally. It shall be the policy of the court to use standardized court
forms whenever possible.
(B) Review. All court forms shall be subject to review by the Judges and Court
Commissioners.
[Adopted effective April 1, 1988]
Local Juvenile Court Rule 1.8
PUBLICATION
(A) Generally. Any party may file with the Clerk of the Court a Motion and
Affidavit requesting an Order for the publication of Notice and/or Summons.
(B) Procedure. Upon the issuing of an Order to publish with the Clerk of
Court, the Clerk shall contact the appropriate newspaper and forward the necessary
documents for publication.
1. Upon receipt of an Affidavit of Publication, the Clerk shall file the
original affidavit and provide copies to appropriate parties.
(C) Costs. The costs of publication shall be borne by the county.
1. Nothing in this Rule shall prevent the court from ordering a party to
reimburse the county for the costs of publication.
[Adopted effective April 1, 1988]
Local Juvenile Court Rule 1.9
CONTINUANCES
(A) Generally. Continuances or other delays may be granted only as follows:
1. Upon written agreement of the parties, which must be personally signed by
counsel representing all the parties and must be approved by the Court.
2. On the motion of a party, the court may continue a juvenile offender
matter when required in the due administration of justice and none of the
parties to the action will be substantially prejudiced in the presentation of
their case.
3. On the motion of a party, the court may continue an action pursuant to
RCW 13.32A, RCW 13.34, or RCW 13.50 when good cause is established and none of the
parties to the action will be substantially prejudiced in the presentation of their case.
4. The court must state its reasons on the record for granting a motion for
a continuance.
5. All continuances shall be to a date certain and confirmed by written order.
(B) Trial Dates/Fact-Finding Hearings. All motions for a continuance of a
trial date in offender matters or fact-finding hearings pursuant to RCW 13.32A,
RCW 13.34 or RCW 13.50 shall be presented in open court by the moving party.
[Adopted effective April 1, 1988]
Local Juvenile Court Rule 1.10
ISSUANCE AND SERVICE
(A) Generally.
1. Juvenile offenders and their parent(s), guardian(s), or custodian(s) may
be served by mail, postage prepaid. The Clerk of the Court shall be
responsible for the mailing of the necessary documents and for the filing of an
Affidavit of Mailing. The respective Prosecuting Attorney's office shall be
responsible for the preparation of such documents.
a. Exceptions. The above procedure shall apply to all offender matters
except diversion terminations and community supervision violations. In those
matters, juvenile court/diversion unit staff shall be responsible for the
preparation of the appropriate documents, including the Notice/Summons.
2. Parties to juvenile dependency and Alternative Residential Placement
matters may be served by certified mail, return receipt requested. The Clerk
of the Court shall be responsible for the filing of an Affidavit of Mailing and
the returned receipt. The Attorney General's Office shall be responsible for
preparing the appropriate documents for dependency matters. Juvenile Court
staff shall assist in the preparation of Alternative Residential Placement
pleadings.
(B) Failure to Appear on Summons - Offender Matters.
1. If a person fails to appear in response to a Notice/Summons, or if service
is not effected within a reasonable time, a warrant for arrest shall be issued.
A reasonable time to effect service shall be defined as service within ten (10)
days of the filing of the information.
[Adopted effective April 1, 1988]
Local Juvenile Court Rule 1.11
MEDICAL CONSENT AUTHORIZATION
(A) Generally. A request on behalf of a juvenile for medical authorization
shall be submitted in writing. The request shall be in petition form,
verified, and shall set forth the following, if known:
1. Full name of the child;
2. Date of birth of the child;
3. Child's place of residence;
4. Name of the child's father;
5. Name of the child's mother;
6. The parent's place of birth;
7. Parent's age;
8. Cultural heritage of the child;
9. Whereabouts of the parents, guardian or custodian;
10. The treatment required;
11. The reason for treatment;
12. The necessity of the authorization by the court;
13. Full names and relationship to the child of the petitioner, and;
14. Any other matter which might be relevant.
(B) Emergency Requests. Emergency requests for medical consent authorization
may be made by telephone and telephonically approved by the court. A record of
such telephonic authorizations shall be made and a written authorization
submitted for signature of the court the next judicial day.
(C) Form. An appropriate form may be used to initiate such authorization.
[Adopted effective April 1, 1988]
Local Juvenile Court Rule 1.12
BRIEFS AND OTHER DOCUMENTS
All pleadings [including, motions, briefs, proposed findings of fact and
conclusions of law and proposed judgments] pertaining to dependency,
termination, guardianship and juvenile criminal proceedings shall be served and
filed with the Superior Court Clerk. The originals of all ISSP's and GAL
Reports shall be submitted to the Court via the Juvenile Legal Process Staff.
Unless a party does not have access to a computer or the Internet, bench copies
of all such documents (except as stated herein) shall be submitted
electronically via the internet at http://jmotion.co.franklin.wa.us/ for
dependency matters, and http://motion.co.franklin.wa.us/ for juvenile criminal
matters. When hearings are continued, the parties shall amend the hearing date
associated with all bench copies submitted electronically.
Parties without access to a computer and the Internet shall deliver bench
copies to the Benton Franklin Counties Juvenile Court Legal Process Staff, 5606
W. Canal Place, Suite 106, Kennewick, WA 99336. All bench copies must be
submitted not later than nine (9:00) o'clock a.m. one court day prior to the
scheduled hearing, proceeding or trial. No bench copies shall be submitted to
the Court unless prior thereto or simultaneously therewith a copy thereof has
been served upon or mailed to opposing counsel. All paper bench copies will be
destroyed one (1) week after the original date noted for hearing unless counsel
requests copies be returned, with return postage arranged, or unless the Legal
Process Staff is advised of the new hearing date.
Bench copies of the following documents need not be provided: Notices of
hearings, notes for dockets, proposed statements of defendant on plea of
guilty, proposed judgments and sentences, probation violation reports,
preliminary disposition reports, detention reports, review hearing reports,
decline reports, juvenile offender diagnostic/predisposition reports, and
proposed orders establishing conditions of release. Bench copies of trial
exhibits to be offered in termination trials may, but need not be submitted,
and if submitted, may but need not be submitted electronically.
As used in this rule, juvenile probation counselors and staff of the Juvenile
Court are not parties. This rule shall not apply to BECCA matters including
Children in Need of Services, At-Risk Youth, and Truancy.
Pursuant to CR 5(b)(7), participants in dependency, termination and
guardianship matters may consent in writing to accept service of documents
electronically. This shall not apply to service of original process.
[Adopted effective September 1, 2012]
Local Juvenile Court Rule 2.3
SHELTER CARE HEARINGS
(A) Generally. A shelter care hearing shall be held in all cases where a
child has been taken into custody pursuant to RCW 13.34.060 and/or RCW
26.44.050 and a petition has been filed. The hearing shall be held within 72
hours, excluding weekends and holidays.
1. In all cases initiated by a lay person filing a dependency petition and
the taking of a child into custody pursuant to the above-referenced statute, a
caseworker shall be assigned to the matter in order to provide a recommendation
to the court as to the need for shelter care. Juvenile court staff shall
immediately notify the Attorney General's office of any dependency cases
initiated by an individual or agency other than the Department of Social and
Health Services.
(B) Notice. Notice shall be given to all parties as required by RCW 13.34.060
and JuCr 2.3.
(C) Procedure. At the hearing the court shall:
1. Advise the parties of their rights pursuant to statute and court rules;
2. Enter an order of shelter care and continuing the matter for a contested proceeding.
3. At the contested hearing, the court shall take testimony and/or admit
documentary evidence concerning the circumstances for taking the child into
custody and the need for shelter care;
4. Consider the recommendation made to the court by the Department of Social
and Health Services;
5. Enter an appropriate Order.
[Adopted effective April 1, 1988, Amended effective September 1, 2006]
Local Juvenile Court Rule 2.4
CASE SCHEDULE
At the initial shelter care hearing, case hearing dates and related
dates through the disposition hearing will be approved by the Court
and entered on the Dependency Order Setting Case Schedule. All
parties will be provided a copy of the case schedule at the shelter
care hearing.
[Adopted effective September 1, 2003, Amended effective September 1, 2006]
Local Juvenile Court Rule 3.2
DEPENDENCY PETITIONS
(A) Generally. Any person may file a petition alleging a dependency. Each
petition shall be verified by the individual filing the petition as including
allegations, which are supported by documents and/or statements by third
parties. Each petition must contain a statement of facts constituting a
dependency, and the names and residence, if known to the petitioner, of the
parents, guardian or custodian of the alleged dependent child. A layperson
requesting to file a petition shall be initially referred to the Department of
Social and Health Services to file a CPS referral for appropriate investigation.
(B) Verification. All petitions shall be verified and contain a statement of
facts constituting such dependency.
(C) Upon filing of a dependency petition, the Court will appoint counsel for
the parent, guardians or custodians and will appoint counsel or a guardian ad
litem for the child. The parent, guardian or custodian must complete the
financial statement documents as requested by the court for further court
approval of appointment of counsel.
[Adopted effective September 1, 2003, Amended effective September 1, 2006]
Local Juvenile Court Rule 3.3
CASE CONFERENCE
(A) Generally. All parties shall participate in a case conference to address
the following issues:
1. Placement of the child;
2. Visitation;
3. Services being recommended for the children and parents;
4. Whether other case issues can be agreed and stipulated to;
5. Whether entry of a dependency fact-finding order is agreed to;
6. Whether disposition order provisions are agreed to; and
7. Any other outstanding issue.
(B) Conference Date. The case conference shall be held within four weeks
after the filing of the petition on the date established by the case schedule order.
[Adopted effective September 1, 2003, Amended effective September 1, 2006]
Local Juvenile Court Rule 3.4
TELEPHONE STATUS CONFERENCE
(A) Generally. The court shall conduct a telephonic conference with the
attorneys and guardian ad litem, who shall participate to ascertain the status
of the case. Issues to be determined will be the accomplishment of service,
whether the case conference issues discussed by the parties are agreed or
contested, whether any motions are anticipated, and any other outstanding issues.
(B) Agreed Orders. If the parties are in agreement, the process for entering
an agreed order will be established.
(C) Contested Issues. If there are contested issues, the parties shall address:
1. Continuances;
2. Trial date, length of trial, and time to be allotted to each party;
3. Discovery matters;
4. Motions;
5. Briefing schedule; and
6. Witnesses and exhibits.
(D) Telephone Status Conference Date. The Court shall schedule the telephone
status conference on the date established in the case schedule order. The
status conference may be rescheduled for good cause shown.
[Adopted effective September 1, 2003, Amended effective September 1, 2006]
Local Juvenile Court Rule 3.5
UNCONTESTED FACT-FINDING DATE
(A) Generally. Any remaining issues not resolved at the status conferences,
including service issues, shall be addressed at the uncontested docket date.
Default and agreed orders shall be entered.
(B) Uncontested Docket Date. The uncontested fact-finding hearing shall be
held pursuant to the Order Setting Case Schedule.
(C) Witness and Exhibit Lists. On the Friday immediately following the
uncontested, fact-finding date, the parties shall exchange witness and exhibit
lists. Witness lists shall include the names, addresses, and telephone numbers
of the witnesses.
[Adopted effective September 1, 2003, Amended effective September 1, 2006]
Local Juvenile Court Rule 3.6
CONTESTED FACT FINDING HEARINGS
(A) Generally. Unless an agreed order or default order has been entered, the
Court shall hold a fact-finding trial as to whether the child is dependent
pursuant to statutory definitions.
(B) Hearing Date. Contested fact finding trials shall commence within 75 days
of the filing of the petition, unless continued by the Court due to exceptional
circumstances. The Court shall initially set the hearing for a three-day trial
to be held approximately six weeks after the telephonic status conference.
[Adopted effective September 1, 2003, Amended effective September 1, 2006]
Local Juvenile Court Rule 3.7
DISPOSITION HEARING
(A) Generally. After a child is agreed to be dependent or found by the court
to be dependent, a hearing shall be held to address disposition issues,
including but not limited to, placement of the child, visitation, and services
to be provided to the family during the course of the dependency. A social
study, (Individual Service and Safety Plan), consisting of a written evaluation
of matters relevant to the disposition of the case shall be made. The study
shall include all social records and shall be made available to the court.
(B) Contents. All social study (ISSP) and predisposition reports will address
the factors listed in RCW 13.34.120.
(C) Times. All dispositional hearings will be held immediately following the
fact-finding hearing unless there is good cause to continue the matter for up
to fourteen days. The Court may continue the dispositional hearing longer than
fourteen days if there is good cause shown.
1. Reports including the agency's social study and proposed service plan
(ISSP) shall be provided and/or mailed to the court, the parties, and counsel
no later than ten (10) working days prior to the dispositional hearing.
2. Parties and other respondents shall provide written responses, accompanied
by supporting documentation to all matters contained in the ISSP, GAL reports
and filed motions of which they have substantial disagreement no later than
nine (9:00) o'clock a.m. one court day prior to the review or disposition
hearing. Failure to file a written response will not be considered good cause
for a continuance.
(D) Initial Review Hearing. The initial review hearing shall be held no
later than six (6) months from the initial out of home placement or no more
than ninety days from the entry of the disposition order, whichever comes
first. The court shall schedule the initial review hearing at the time of the
dispositional hearing.
(E) Review Hearing. The court shall schedule a review hearing at the time of
the dispositional hearing.
[Adopted effective April 1, 1988, Amended effective September 1, 2003;
September 1, 2006, September 1, 2012]
Local Juvenile Court Rule 3.8
DEPENDENCY REVIEW HEARING
(A) Generally. The status of all children found to be dependent shall be
reviewed by the court at least every six (6) months at a hearing where it shall
be determined whether court supervision should continue. The court shall
receive a written evaluation of matters relevant and material to the need for
further court supervision and placement of the child.
(B) Sources. A written evaluation may be ordered by the court from the following sources:
1. Department of Social and health Services or related agency; or
2. Any other source that can provide relevant and material information on the
issue of the need for further Court supervision and placement of the child.
3. Written responses to the evaluation from the parties will include
supporting documentation, if applicable, and will be provided to the court not
later than nine (9:00) o'clock a.m. one court day prior a review hearing.
(C) Contents. All written evaluations will address the factors listed in RCW 13.34.130.
(D) Times. All dependency review hearings shall be set as to date and time in
open court at the time of the previous hearing.
1. All ISSP's will be provided to the court and counsel no later than ten (10)
working days prior to the review hearing.
2. Addenda to ISSP's or GAL reports may be provided to the court and the
parties not later than nine (9:00) o'clock a.m. one court day prior to the hearing.
Otherwise, the information must be provided to the court verbally at the hearing.
3. Parties and other respondents shall provide written responses, accompanied
by supporting documentation, to all matters contained in the ISSP, GAL reports
and filed motions of which they have substantial disagreement not later than
nine (9:00) o'clock a.m. one court day prior to the review or disposition
hearing. Failure to file a written response will not be considered good cause
for a continuance.
[Adopted effective April 1, 1988, Amended effective September 1, 2006, September 1, 2012]
Local Juvenile Court Rule 3.9
GUARDIANSHIP IN JUVENILE COURT
(A) Generally. Any party to a dependency proceeding may file a petition requesting
that guardianship be created as to a dependent child pursuant to RCW 13.34.230.
(B) Procedure. Once a petition has been filed with the Clerk of the Court,
the petitioner shall:
1. Notify the Department of Social and Health Services;
2. Schedule a date and time for a hearing on the petition and file a Notice
and Summons stating such information;
(C) Order. If the court establishes a guardianship pursuant to RCW 13.34.231,
it shall enter an Order to that effect. In addition, the Order shall address:
1. The appropriate frequency of visitation between the parent(s) and child;
2. The need for continued involvement of the supervising agency and the
nature of that involvement, if any;
3. Notice that any party may seek modification of the guardianship pursuant
to RCW 13.34.150; and
4. Any other appropriate matter.
[Adopted effective April 1, 1988, Amended effective September 1, 2006, September 1, 2012]
Local Juvenile Court Rule 4.1
INVOKING JURISDICTION OF JUVENILE COURT
(A) Generally. Juvenile Court jurisdiction is invoked over a proceeding to
terminate a parent-child relationship by filing a petition.
(B) New and Separate Cause Number. All petitions to terminate a parent-child
relationship filed with the court shall be assigned a new and separate cause
number, and the court clerk shall open a file separate from any dependency file.
[Adopted effective April 1, 1988, Amended effective September 1, 2006]
Local Juvenile Court Rule 4.2
PLEADINGS
(A) Petition. All petitions to terminate a parent-child relationship shall
contain the elements required in JuCr 3.3, be verified, and shall state the
facts and circumstances which underlie each of the allegations required by RCW
13.34.180 and 13.34.190. Petitions involving voluntary relinquishment of
parental rights shall attach the relinquishment rights and consent form signed
by the parent(s).
(B) Answer. All petitions to terminate a parent-child relationship shall be
answered by the parties. All answers shall be in written form and shall
conform to the Superior Court Civil Rules. Failure to answer the petition may
constitute grounds for entry of termination by default in the Juvenile Court's discretion.
[Adopted effective April 1, 1988]
Local Juvenile Court Rule 4.3
NOTICE OF TERMINATION HEARING
(A) Generally. Notice of the termination hearing and a copy of the petition
shall be served on all parties in the manner defined by RCW 13.34.070(7) and
(8) or published in the manner defined by RCW 13.34.080. Notice of the date
and time of the termination hearing and any pre-trial hearings shall be sent to
all parties in the manner defined by RCW 13.34.070(7) and (8) if their
addresses or location can be ascertained.
(B) Indian Children. If the petitioner knows or has reason to know that the
child involved is a member of an Indian tribe, the petitioner shall notify the
child's tribe in the manner required by RCW 13.34.070(9) and 25 U.S.C. ยง 1912.
[Adopted effective April 1, 1988]
Local Juvenile Court Rule 4.4
DISCOVERY IN PROCEEDINGS TO TERMINATE PARENT-CHILD RELATIONSHIP
(A) Generally. Discovery shall be conducted according to the Superior
Court Civil Rules. Witness lists shall be provided by all parties intending
to call witnesses at trial in a timely fashion, at or prior to the pre-trial
hearing. Failure to provide a witness list may result in sanctions in the
discretion of the Juvenile Court.
[Adopted effective April 1, 1988]
Local Juvenile Court Rule 4.5
SCHEDULING THE TERMINATION HEARING OF PARENTAL RIGHTS
HEARING/PRE-TRIAL HEARING
(A) At the initial hearing, case hearing dates and related dates through
the trial date will be approved by the Court and entered on the Termination
Order Setting Case Schedule. All parties will be provided a copy of the case
schedule at the initial hearing.
[Adopted effective April 1, 1988, Amended effective September 1, 2006]
Local Juvenile Court Rule 5.2
ALTERNATIVE RESIDENTIAL PLACEMENT PETITIONS
(A) Generally. A parent, child, guardian, custodian, or the Department of
Social and Health Services may file a petition requesting the court to approve
or disapprove an alternative residential placement. Juvenile Court staff shall
assist a layperson in appropriately filing out and filing a petition.
(B) Verification. All petitions shall be verified and contain a statement of
facts and circumstances establishing that a serious family conflict exists and
that the conflict cannot be resolved by delivery of services to the family
during continued placement of the child in the parental home.
(C) Notification. Upon the filing of a petition, the Juvenile Court shall:
1. Schedule a date for a fact-finding hearing no later than fourteen (14)
days from the date of filing;
2. Notify the parent(s) and child of such date;
3. Notify the parent(s) of the right to be represented by counsel and, if
indigent, to have counsel appointed by the court;
4. Appoint legal counsel or a guardian ad litem for the child;
5. Inform the parties of the legal consequences of the court approving or
disapproving of the petition;
6. Notify the parties of their right to present evidence at the fact-finding hearing;
7. Notify the referring agency; and
8. Notify the Department of Social and Health Services.
[Adopted effective April 1, 1988]
Local Juvenile Court Rule 5.6
DISPOSITION HEARING
(A) Generally. A three (3) month dispositional plan consisting of a written
study shall be made. The study shall include all social records and matters
relevant to the disposition of the case.
(B) Sources. The dispositional plan may be ordered by the court from the
following sources:
1. Department of Social and Health Services or related agency; or
2. Any other source that can provide relevant and material information on the
issue of an appropriate disposition.
(C) Form. The study shall address:
1. Which agency or person should have physical custody of the child;
2. Which parental powers should be awarded to such agency or person;
3. Parental visitation;
4. What services have been provided to the family;
5. If additional services are needed and/or available; and
6. Any other information relevant to resolving the family conflict and
reuniting the family.
(D) Time. All dispositional hearings will be held immediately following the
fact-finding hearings or at a continued hearing within fourteen (14) days or
longer for good cause shown.
[Adopted effective April 1, 1988]
Local Juvenile Court Rule 5.7
REVIEW HEARINGS; ALTERNATIVE RESIDENTIAL PLACEMENTS
(A) Generally. The dispositional plan approved by the court shall be reviewed
within three (3) months of the making of the dispositional Order pursuant to
RCW 13.32A.180. The court shall receive a written evaluation of the dispositional plan.
(B) Sources. The written evaluation may be ordered by the court from the
following sources:
1. The Department of Social and Health Services or related agency; or
2. Any other source that can provide relevant and material information on the issue.
(C) Form. Such evaluation shall address:
1. The current status of the family conflict;
2. What services have been made available and offered to the parties;
3. What services have been taken advantage of;
4. The agency's satisfaction with the cooperation of the parties;
5. Parental and child visitation;
6. Whether additional services are needed;
7. The need for continued out-of-home placement; and
8. Any other information relevant to resolving the family conflict and
reuniting the family.
(D) Time. All alternative residential placement review hearings shall be set
as to date and time in open court at the time of the previous hearing.
1. All reports will be provided to the court and parties no later than
ten (10) days prior to the review hearing. A report received within five (5) days
of a review hearing may constitute good cause for a continuance if a party
requests a continuance.
[Adopted effective April 1, 1988]
Local Juvenile Court Rule 6.6
TERMINATION/MODIFICATION OF DIVERSION AGREEMENTS
(A) Generally. Diversion unit(s) shall have the authority to file with the
Clerk of the Court a petition and affidavit alleging a substantial violation of
a juvenile's diversion agreement and seek termination or modification of the agreement.
(B) Procedure. Once the petition and affidavit alleging violation of a
juvenile's diversion agreement has been filed, the diversion unit shall
immediately inform the respective Prosecuting Attorney's Office and the
appropriate Juvenile Court unit to ensure the matter is scheduled and all
appropriate parties are notified of the hearing date, time and place.
1. The diversion unit will prepare a written report on the alleged
violations. Copies will be provided to all appropriate parties.
2. A representative of the diversion unit familiar with the particular case
will be present at such hearing.
(C) Issuance of Notice/Summons. The Clerk of the Court shall be delegated the
authority to issue Notice/Summons pursuant to a petition to terminate/modify a
diversion agreement without the need for a formal order from the court.
[Adopted effective April 1, 1988]
Local Juvenile Court Rule 7.3
DETENTION AND RELEASE
(A) Generally. No juvenile offender or alleged juvenile offender will be
released from court-ordered detention unless a written Order to that effect has been
approved by the parties and signed by a Court Commissioner or Superior Court Judge.
(B) Procedure. The Juvenile Court detention staff, probation counselors and
Prosecuting Attorneys will establish written procedures to be followed. Such
procedures will be subject to review by the judges.
[Adopted effective April 1, 1988]
Local Juvenile Court Rule 7.6
ARRAIGNMENT AND PLEAS
(A) Generally. Unless waived pursuant to these rules, an arraignment hearing
shall be held no later than twenty-one (21) days after the information is
filed. Attendance by the alleged juvenile offender is mandatory. At
arraignment, the juvenile shall be arraigned on the charges set forth in the
information. If a juvenile is detained, his/her arraignment hearing shall be
held no later than fourteen (14) days after the information is filed.
(B) Procedure.
1. The juvenile and his/her counsel shall review, prepare and complete the
following forms and present them to the court at the hearing:
a. Juvenile's Acknowledgement of Advisement of Rights; and
b. Juvenile's Notice/Advisement of Records.
2. At arraignment, the court shall:
a. Appoint or confirm assignment of counsel;
b. Confirm the juvenile is aware of his/her rights; and the record
provisions of RCW 13.50;
c. Take a plea from the juvenile of either guilty, not guilty or not
guilty by reason of insanity;
d. Determine if discovery has been given; and
e. Set the next appropriate court date.
3. Group Arraignments. The court may advise juvenile respondents of their
rights and explain the record provisions of RCW 13.50 in a group proceeding.
All other portions of the arraignment shall be accomplished individually.
(C) Name and Date of Birth. The juvenile respondent shall be asked his/her
true name and date of birth. If the juvenile alleges that his/her true name
and/or date of birth is other than indicated on the information, it shall be
entered in the Minutes of the court and subsequent proceedings shall be had
against the respondent by the indicated name and date of birth.
(D) Reading. The information shall be read to the juvenile respondent, unless
the reading is waived, and a copy shall be provided to the respondent and
his/her counsel.
[Adopted effective April 1, 1988]
Local Juvenile Court Rule 7.7
PLEAS OF GUILTY
(A) Generally. When a case has been set for trial, the attorney for the
juvenile respondent should give the prosecutor notice of confirmation of trial
or change of plea not less than three (3) court days before the trial date.
Similar notice shall be given to the Juvenile Court staff.
(B) Procedure. The juvenile respondent and his/her counsel shall prepare and
complete a Statement of Juvenile on Plea of Guilty before appearing in court.
The juvenile respondent and his/her counsel shall present the completed
statement to the court. After receiving the completed statement, the court
shall conduct a detailed inquiry addressing:
1. The meaning and effect of a plea of guilty;
2. The elements of the offense alleged;
3. The juvenile's acknowledgement of his/her guilty on each and every element
of the offense alleged;
4. The standard sentencing range and the maximum punishment for the offense
alleged;
5. The juvenile's understanding of and the meaning of the prosecutor's
recommendation; and
6. Any other appropriate matters.
Upon acceptance of the plea, the court shall have the juvenile respondent sign the statement
in open court. The statement shall be filed with the Clerk of the Court.
(C) Withdrawal of Plea of Guilty. A motion to withdraw a plea of guilty may
be made only before sentence is imposed and upon a showing of good cause. The
court may set aside an Order of Disposition and permit a juvenile respondent to
withdraw his/her plea of guilty to correct an injustice.
(D) Form. The Statement of Juvenile on Plea of Guilty will conform
substantially with JuCr 7.7.
[Adopted effective April 1, 1988]
Local Juvenile Court Rule 7.12
DISPOSITIONAL HEARING - OFFENDER PROCEEDINGS
(A) Time. If the respondent pleads guilty or is found guilty of the
allegations in the information, the court shall enter its findings upon the
record and proceed immediately to the disposition unless:
1. The court believes additional information is necessary, or
2. The court believes additional time is needed to determine an appropriate
custody or living situation, or
3. Commitment is to be considered and additional time is necessary to seek
alternatives, or
4. The court deems a continuance is otherwise necessary.
(B) Sources. Predispositional reports may be ordered by the court from one or
more of the following sources:
1. The Benton-Franklin County Juvenile court staff;
2. The Prosecuting Attorney;
3. The defense counsel; and
4. Any other source that can provide relevant and material information on the
issue off an appropriate disposition.
(C) Form. All predispositional reports will address the various factors
required by RCW 13.40.150. All predispositional reports should present
alternatives to commitment in those cases, which it may appear that public
security can be accomplished, and the offender's behavior altered by such an
alternative. All reports shall be provided to the court and counsel no later
than one (1) day prior to the dispositional hearing.
(D) Community Diagnostic Evaluation. A diagnostic evaluation may be ordered
by the court after a showing that such an evaluation is necessary and will aid
the court in reaching an appropriate disposition.
(E) Restitution. All predispositional reports shall indicate the loss or
injury to the victim by description and dollar amount. It will be the duty of
the predispositional report writer to ascertain the necessary information and
make a recommendation to the court as to a juvenile's ability to make full or
partial restitution. The court shall fix the amount of restitution at the
dispositional hearing.
(F) Court Costs, Attorney's Fees and Victim's Assessment. The
predispositional report writer shall make a recommendation to the court as to a
juvenile's ability to reimburse the county for any court costs, fees for court-
appointed counsel and the victim assessment fee.
(G) Manifest Injustice Findings. If the court imposes a sentence based upon a
finding of manifest injustice, the court shall set forth those portions of the
record material to the disposition.
[Adopted effective April 1, 1988]
Local Juvenile Court Rule 7.15
MOTIONS - JUVENILE OFFENSE PROCEEDINGS
(A) Generally. All motions, including motions to suppress evidence, motion
regarding admissions, and other motions requiring testimony, shall be heard at
the time of trial unless otherwise set by the Court, together with a brief
which shall include a summary of the facts upon which the motions are based,
not later than five (5) days before the adjudicatory hearing. Reply briefs
shall be served and filed with the Court no later than noon of the Court day
before the hearing.
(B) To dismiss for Delay in Referral of Offense. The Court may dismiss
information if it is established that there has been an unreasonable delay in
referral of the offense to the Court. For purposes of this rule, a delay of
more than thirty (30) days from the date of completion of the police
investigation of the offense to the time of filing of the charge shall be
deemed prima facie evidence of an unreasonable delay. Upon a prima facie
showing of unreasonable delay, the Court shall then determine whether or not
dismissal or other appropriate sanction will be imposed. Among those factors
otherwise considered, the Court shall consider the following:
1. The length of the delay;
2. The reason for the delay;
3. The impact of the delay on ability to defend against the charge; and
4. The seriousness of the alleged offense.
Unreasonable delay shall constitute an affirmative defense which
must be raised by motion not less than one (1) week before
trial. Such motion may be considered by affidavit.
[Adopted effective April 1, 1988]
Local Juvenile Court Rule 7.16
BAIL
(A) Generally. All juveniles held in detention on probable cause shall have
the right to have bail addressed in their first court appearance. If bail is
granted, it may be posted by either cash or bond. The juvenile will be
released from detention to an approved party only on the referral or cause
number for which bail is posted. The court may impose additional conditions of
release pursuant to RCW 13.40.040(4).
(B) Procedure. The following steps shall be followed:
1. The issue of bail shall be first addressed at the first appearance hearing.
2. If bail is authorized by the Court, it shall be posted with the respective
County Clerk during normal business hours or with the Benton-Franklin Counties Detention
Center when the County Clerk's Office is closed. Prior to release, the juvenile shall
be advised of the next hearing date, any other conditions of release and that failure to
appear may result in bail forfeiture and prosecution for bail jumping. When a bond is
filed with the Clerk of the Court in Benton or Franklin County, the Clerk in the respective
County shall issue a certified copy of the original bond to
juvenile detention.
3. A juvenile detainee will not be released from detention unless detention staff
has physical possession of the certified copy of the original bond from the Clerk of the
Court, a verified receipt for posted bail from the Clerk of the Court or an original
authorized bond or cash bail is posted with detention during hours that the County Clerk's
Office is closed.
4. Pursuant to the provisions of RCW 13.40.056, when bail is posted, by bond or by
cash, ten dollars of the amount posted as bail shall be collected in cash as a
nonrefundable bail fee.
(C) Forms. Forms for this procedure shall be subject to review by the judges.
[Adopted effective April 1, 1988; Amended effective September 1, 2006]
Local Juvenile Court Rule 7.17
BENCH WARRANTS
(A) Generally. Upon proper application to the court, a bench warrant may be
issued for a juvenile:
1. Who, without justification, fails to appear at a scheduled court hearing
after receiving proper notice;
2. Who is alleged to have violated the terms of his/her community supervision;
3. Who is alleged to have violated the terms of his/her release of detention; and
4. Any other appropriate situation.
(B) Procedure. Once an Order to issue a bench warrant has been approved by the
court, the Clerk of the court shall issue the warrant for the arrest of the named juvenile:
1. The warrant may be served by law enforcement officers or by probation counselors
pursuant to RCW 13.04.040(5).
[Adopted effective April 1, 1988]
Local Juvenile Court Rule 7.18
VIOLATIONS OF COMMUNITY SUPERVISION
(A) Generally. Probation counselors shall have the authority to file with the
Clerk of the Court a motion and affidavit alleging a violation of community supervision.
(B) Procedure. Once the motion and affidavit alleging a violation of
community supervision has been filed, the probation counselor shall contact the
appropriate juvenile court unit to ensure the matter is scheduled and all
appropriate parties are notified of the hearing date, time and place.
1. The probation counselor shall prepare a written report of the alleged
violations. Copies will be provided to all appropriate parties no later than
one (1) day prior to the hearing.
2. The probation counselor shall be present at such hearing to respond to
questions concerning the matter.
(C) Absconding From Placement. All juvenile respondents placed on community
supervision shall strictly follow the terms and conditions of his/her probation
contract as well as any instructions of his/her probation counselor, including
placement. If a juvenile respondent voluntarily and without authority absents
himself/herself from a placement pursuant to the terms of his/her community
supervision, this will be deemed a violation of the juvenile's community
supervision and is sufficient grounds for a warrant of arrest to be issued.
1. A juvenile respondent placed in confinement as a result of a warrant of
arrest issued pursuant to this rule shall not be released unless ordered by the court.
(D) Warrants. The court may order a warrant for the arrest of a juvenile
respondent. A warrant may be served by law enforcement or a probation
counselor.
(E) Guidelines. The following guidelines are established for probation
counselors with respect to alleged violations of community supervision:
1. A minor or technical violation and the respondent's whereabouts are known:
file the appropriate motion and have the Clerk of the Court issue a Summons.
2. A serious violation of the criminal law or condition of community
supervision and the respondent's whereabouts are known: immediate arrest by
law enforcement or probation counselor followed by filing the appropriate
motion and schedule of detention hearing.
3. A violation of the criminal code or condition of community supervision and
the respondent's whereabouts are unknown: file the appropriate motion and
request the issuance of a warrant.
(F) Issuance of Notice/Summons. The Clerk of the Court shall be delegated the
authority to issue Notice/Summons pursuant to a motion alleging violations of
community supervision without the need for a formal order from the court.
[Adopted effective April 1, 1988]
Local Juvenile Court Rule 8.3
DECLINING JUVENILE COURT JURISDICTION OVER AN ALLEGED JUVENILE OFFENDER
(A) Generally. In accordance with RCW 13.40.110 and Juvenile Court Rule 8.1,
any party may file an appropriate motion and supporting affidavit to decline
jurisdiction with the Clerk of the Court.
(B) Report. A declination investigation report shall be prepared by the
juvenile court staff.
The report shall:
1. Address the following factors:
a. The seriousness of the alleged offense to the community and whether the
protection of the community requires waiver of juvenile court jurisdiction;
b. Whether the alleged offense was committed in an aggressive, violent,
premeditated or willful manner;
c. Whether the alleged offense was against persons or against property;
d. The prosecutive merit of the complaint;
e. The desirability of trial and disposition of the entire offense in one court;
f. The sophistication and maturity of the juvenile as determined by consideration
of his home, environmental situation, emotional attitude and pattern of living;
g. The record and previous history of the juvenile, including previous
contacts with law enforcement agencies, juvenile courts and other
jurisdictions, prior periods of probation/community supervision, or prior
commitments to juvenile institutions;
h. The prospects for adequate protection of the public and the likelihood of
reasonable rehabilitation of the juvenile (if he is found to have committed the alleged
offense) by the use of procedures, services and facilities currently available to the
juvenile court.
2. Address any other factors relevant to the motion; and
3. Make a recommendation to the court as to the motion.
(C) Hearing. The writer of the declination investigation report will be
present at the declination hearing to testify, if so requested.
[Adopted effective April 1, 1988]
Local Juvenile Court Rule 9.2
RIGHT TO COUNSEL
(A) Appointments. Legal counsel shall be provided at the expense of the
county in the following circumstances:
1. For a juvenile respondent:
a. Alleged to be a juvenile offender and the juvenile is unable to afford
an attorney;
b. Alleged to have violated the terms of his/her community supervision and
the juvenile is unable to afford an attorney;
c. Who may be a party to a diversion agreement who has not waived his right
to counsel, is unable to financially obtain counsel, and who requests counsel
be appointed for the purpose of advising him as to whether he desires to
participate in the diversion process or to decline to participate and the
juvenile is unable to afford an attorney;
d. When the Prosecuting Attorney or diversion unit has filed a petition to
terminate or modify a diversion agreement and the juvenile is unable to afford
an attorney;
e. When a dependency petition has been filed alleging the child to be
dependent pursuant to RCW 13.34.040, and the child is six (6) years of age or
older and a guardian ad litem has not been appointed to represent the best
interests of the child;
f. When a petition has been filed for approval of an alternative residential
placement pursuant to RCW 13.32A and the child is six (6) years of age or older and a
guardian ad litem has not been appointed to represent the best interests of the child;
g. When a review hearing is to be held pursuant to RCW 13.32A or RCW 13.34,
and the child is six (6) years of age or older and a guardian ad litem has not
been appointed to represent the best interests of the child;
h. When a petition to terminate the rights of the parent or parents of the
juvenile has been filed and the child is six (6) years of age or older and a
guardian ad litem has not been appointed to represent the vest interests of the child;
i. When a petition asking for the creation of a guardianship over the child
has been filed pursuant to RCW 13.34.230, and the child is six (6) years of age
or older and a guardian ad litem has not been appointed to represent the best
interests of the child.
2. For a parent, guardian or custodian:
a. Who is a party to a:
(1) Dependency proceeding;
(2) Proceeding for the termination of the parent-child relationship;
(3) Proceeding pursuant to RCW 13.40 and a juvenile under the age of twelve
for whom a parent, guardian or custodian is responsible is requesting to waive
a right or object to a proceeding;
(4) Proceeding pursuant to RCW 13.34 requesting a guardianship be created;
(5) Proceeding and who requests that the court appoint counsel because of an
inability to obtain counsel due to financial hardship and the court finds the party indigent.
3. Whenever ordered by the court.
(B) Retained counsel. Any party may be represented by retained counsel in any
proceeding before the Juvenile Court.
(C) Procedure for Appointment of Counsel. At or prior to the initial
appearance of the parties, the court or a representative of the court may
inquire as to the financial status of any party who requests counsel to be
appointed. Upon the filing of a motion and affidavit for assignment of a
lawyer by a party, the court may schedule a hearing on the subject of the
parents, guardian, or custodian and/or the child's ability to pay all or part
of the expense of counsel. Upon a finding that the party requesting
appointment of counsel is indigent, the court shall appoint counsel. If it
appears that the party can partially afford counsel, the court shall appoint
counsel but may direct that the party pay an amount certain to the Clerk of the Court.
1. An appropriate form may be used to determine the financial status of a party.
(D) Notice of Appearance. Attorneys, representing parties in juvenile
matters, except for appointed attorneys, must serve prompt written notice of
their appearance upon all other parties or their counsel of record, the legal
process unit of the court and file the same with the Clerk of the Court.
(E) Recovery of County Expense for Appointed Counsel. Nothing in this rule
shall prevent the court from ordering, as a condition of community supervision,
that juvenile offenders pay court costs and fees for court-appointed counsel.
[Adopted effective April 1, 1988]
Local Juvenile Court Rule 9.4
APPOINTMENT OF NON-LAWYER GUARDIAN AD LITEM
(A) Generally. It shall be the policy of the court to appoint a non-lawyer
guardian ad litem for a juvenile in lieu of an attorney in all proceedings other
than offender matters involving juveniles under the age of nine (9) years. The
court may appoint a non-lawyer guardian ad litem in lieu of or in addition to an
attorney in all proceedings other than offender matters involving juveniles who
are nine (9) years of age of older. A guardian ad litem is deemed a party to
the proceeding upon appointment.
(B) Procedure.
1. Dependency/Guardianship/Termination Proceedings. The court may appoint a
guardian ad litem for a child after the court has entered a finding of
dependency pursuant to RCW 13.34 or at any other appropriate stage of a
proceeding. In cases involving more than one child from the same family unit,
the court may appoint one guardian ad litem to represent the interests of all
the children.
2. Other Proceedings. The court may appoint a guardian ad litem when it deems
such an appointment necessary.
(C) Role. The guardian ad litem shall be an advocate on behalf of and in the
best interests of the child. The guardian ad litem shall serve as a participant
in court proceedings. A guardian ad litem shall be entitled to full access to
all parties and relevant records and to receive notice as a party.
(D) Certification. No guardian ad litem shall be appointed to represent a
child until he/she has successfully completed an approved training course
supervised by the court and administered an oath of office by the court. A
guardian ad litem shall be free of influence from anyone interested in the
result of the proceeding.
(E) Reports. In all proceedings, the guardian ad litem shall submit a written
report to the court addressing all relevant factors and making a recommendation
to the court as to an appropriate disposition in the best interests of the
child. All reports submitted by a guardian ad litem will be provided to the
court and parties no later than ten (10) days prior to the scheduled hearing. A
report received within five (5) days of a hearing may constitute good cause of a
continuance if a party requests a continuance.
(F) Representation by Attorney. A guardian ad litem may be represented by an attorney.
[Adopted effective April 1, 1988, amended effective September 1, 2008]
Local Juvenile Court Rule 10.2
RECORDING JUVENILE COURT PROCEEDINGS
(A) Generally. All proceedings in the Benton-Franklin County Superior Court
Juvenile Division shall be recorded unless waived pursuant to statute.
1. The electronic recording devise installed at the court is approved for all
hearings and for all purposes.
(B) Request for Transcript. Upon written motion by any party to a proceeding,
the court may order a written verbatim transcript to be prepared. The
individual preparing the transcript shall certify that it accurately reflects
the electronic record of the proceeding.
1. Dependency, Guardianship, Termination of Parental Rights, Alternative
Residential Placement Proceedings. All written verbatim transcripts prepared
for proceedings involving dependent children, termination of parental rights or
alternate residential placement proceedings shall be sealed. An individual
make inspect such a transcript only after obtaining written court order.
[Adopted effective April 1, 1988]
Local Juvenile Court Rule 10.3
INSPECTION/RELEASE OF INFORMATION
(A) Generally. All records, other than the official court record, are
confidential and may be released only as provided in state statute and court
rule. All requests for information shall be made in writing. Such requests
shall state the reason for the inspection or release of information and all
parties to the underlying cause shall be provided written notice of the request
by the requesting party.
(B) Procedure.
1. uvenile Offender Matters. The agency receiving the written request shall
refer the written request to the originating agency of the records. The agency
will review the request and decide if the request is proper pursuant to statute
and court rule. The requesting party shall be notified in writing as to the
appropriateness of his/her request by the originating agency.
2. Juvenile Dependency / Alternate Residential Placement / Termination of
Parental Rights Matters. The agency receiving the written request shall refer
the written request to the originating agency. The agency will review the
request and decide if the request is proper pursuant to statute and court rule.
The requesting party shall be notified in writing as to the appropriateness of
his/her request by the originating agency.
(C) Release. Only complete information will be released.
(D) Research Requests. Requests for information concerning legitimate research
for educational, scientific or public purposes may be approved by the court if:
1. The individual or agency is engaged in legitimate research for
educational, scientific or public purposes; and
2. The anonymity of all person mentioned in the records/information will be preserved.
3. The juvenile court administrator shall establish written policy and
procedure addressing research requests.
[Adopted effective April 1, 1988]
Local Juvenile Court Rule 10.10
NOTICE AND ADVISEMENT JUVENILE OFFENDER RECORDS
(A) Generally. Any juvenile to whom the record provisions of RCW 13.50.050
may apply shall be given written notice of his or her rights under the
referenced statute.
(B) Procedure. The following procedure shall be followed:
1. In the case of a juvenile offender, a written form signed by the juvenile
in which a juvenile is advised of rights pursuant to RCW 13.50.050 and
acknowledges being so advised shall be filed with the Clerk of the Court at the
time of his or her arraignment.
2. In the case of a juvenile referred to a diversion unit, a similar written
form as in the above paragraph shall be signed by the juvenile and filed as
part of the diversion agreement.
[Adopted effective April 1, 1988]
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