Chelan Superior Court
Table of Rules
Preface
Local Rules
LR .01 Courtroom Safety
LR .02 Presiding Judge
LR 5 Service and Filing of Pleadings and Other Papers
LR 7 Pleadings Allowed; Form of Motions
LR 8 Show Cause Orders
LR 10 Form of Pleadings
LR 16 Pretiral Procedures and Formulating Issues
LR 32 Use of Depositions in Court Proceedings
LR 37 Failure to make Discovery; Sanctions
LR 47 Jurors
LR 49 Verdicts
LR 52 Decisions, Findings and Conclusions
LR 56 Summary Judgment
LR 58 Entry of Judgment
LR 59 Motion for Reconsideration
LR 65 Injunctions
LR 77 Superior Courts and Judicial Officers
LR 78 Clerks
LR 94.04 Marriage Dissolution Actions
LR 96.04 Change of Name of Stepchild
LR 98.04 Estates - Probate
LR 98.09 Guardianship Funds
LR 98.10 Chelan County Superior Court Guardian Ad Litem Rotational Registry (Titles 11 and 26)
LR 98.11 Complaint Procedure for Title 13 Guardians Ad Litem
Criminal Rules
LCrR 1.6 Duties
LCrR 2.2 Warrant of Arrest and Summons
LCrR 3.1 Right to and Assignment of Lawyer
LCrR 3.4 Presence of the Defendant
LCrR 3.6 Suppression Hearings - Duty of Court
LCrR 4.2 Pleas
LCrR 4.5 Omnibus Hearings
LCrR 7.1 Procedures Before Sentencing
LCrR 7.8 Payment of Costs
Mandatory Arbitration Rules
LMAR 1.1 Application of Rules - Purpose and Definitions
LMAR 1.3 Relationship to the Superior Court
LMAR 2.1 Transfer to Arbitration
LMAR 2.3 Assignment to Arbitrator
LMAR 3.1 Qualifications
LMAR 3.2 Authority of Arbitrators
LMAR 4.2 Discovery
LMAR 5.1 Notice of Hearing - Time and Place - Continuance
LMAR 5.2 Prehearing Statement of Proof - Documents Filed With the Court
LMAR 5.3 Conduct of Hearing - Witnesses - Rules of Evidence
LMAR 6.1 Form and Content of Award
LMAR 6.2 Filing of Award
LMAR 6.3 Judgment on Award
LMAR 7.1 Request for Trial De Novo - Calendar
LMAR 7.2 Procedure at Trial
LMAR 8.4 Title and Citation
LMAR 8.5 Compensation of Arbitrator
LMAR 8.6 Administration
Exhibits and Forms
LR 5 - Exhibit A Case Information Cover Sheet
LR 7 - Exhibit B Note for Motion
LR 16 - Exhibit C Order for Pretrial Conference
LR 16 - Exhibit D Pretiral Order
LR 94.04 - Exhibit A Financial Declaration
LR 94.04 - Exhibit B Matrix
LR 94.04 - Exhibit C JIS Search for all Cases Involving Children
Declaration Declaration of Indigency
LMAR 2.1(a)1 Note for Trial Setting and Initial Statement of Arbitrability
LMAR 2.1(a)2 Response to Note for Trial Setting and Initial Statement of Arbitrability
LMAR 2.1(b) Amended Statement of Arbitrability
LMAR 2.1(c) Stipulation to Arbitration
LMAR 2.3(a) Notice of Proposed Arbitrators
LMAR 2.3(a)2 Stipulation to Arbitrator
LMAR 5.1(a) Notice of Arbitration Hearing Date
LMAR 5.1(b) Order of Continuance of Arbitration Hearing Date
LMAR 5.3(e)1 Subpeona
LMAR 5.3(e)2 Subpoena Duces Tecum
LMAR 6.1(a) Arbitration Award
LMAR 7.1 Request for Trial De Novo and For Clerk to Seal the Award
PREFACE
1. Promulgation. These rules shall be known as the Local Rules for the
Superior Court of the State of Washington for Chelan County. Copies of these
rules will be filed with the Clerk of Court for Chelan County and will be
distributed to all law offices in Chelan and Douglas Counties. Additional
copies will be available at the office for the Clerk for Chelan County. These
rules shall be effective September 1, 2011 and supersede all prior rules of
this court.
2. Numbering. Consistent with CR 83(a), Washington Court Rules, these rules
conform in numbering system and in format to those rules and facilitate the use
of both. The number of each rule is preceded by the abbreviation "LR", "LCrR"
or "LMAR" designating the rule as local to this court and supplemental to the
corresponding Washington Court Rule.
LR .01
COURTROOM SAFETY
No person (except for duly and regularly commissioned
law enforcement officers of the State of Washington and
other states of the United States of America not appearing
on their own family law matter) shall be on the Fifth Floor
of the Chelan County Regional Law and Justice Center,
Juvenile Justice Center or Auditorium (when being used for
court purposes) while armed with ANY firearm or taser or
explosive device or any knife having a blade length of more
than three inches or any billyclub, blackjack, truncheon or
bat, nor shall any such person be in any of the fore-
mentioned areas while possessing any gas gun or other device
used for the spraying of tear gas, mace or other noxious
chemical substance, nor any incendiary device.
Any person found having any of the articles or devices
heretofore mentioned which are banned from the fifth floor
of the Chelan County Regional Law and Justice Center,
Juvenile Justice Center and Auditorium (when being used for
court purposes) is subject to having such articles or
devices seized by law enforcement officers, bailiffs on
court order, or as otherwise directed by the Court.
Any person violating this rule shall be subject to
punishment for contempt of court and prosecuted under RCW 9.41.300.
LR.02
PRESIDING JUDGE
(a) Election. The judges of the superior court shall elect
a presiding judge and assistant presiding judge as required
by GR 29. The first election shall occur on or before July
1, 2002. Each succeeding election shall occur on or before
January 1 of even-numbered years, beginning with 2004. The
election shall be conducted at a meeting of all judges of
the district by open vote.
(b) Term. The term of the presiding judge and assistant
presiding judge shall be for two years commencing on January
1 of the year in which the term begins. The term of the
initial presiding judge pursuant to this rule shall be from
date of election until December 31, 2003.
(c) Vacancies. Interim vacancies of the office of
presiding judge or assistant presiding judge shall be filled
as provided in LGR 29(a).
(d) Executive Committee. The two judges not serving as
presiding judge shall constitute an executive committee to
advise the presiding judge. The responsibilities of the
presiding judge, as set forth in GR 29, may be shared with
members of the executive committee.
LR 5
SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS
(d) Filing.
(5) Documents Not to be Filed. Photocopies of
reported cases, statutes or texts shall not be filed as
an appendix to a brief or otherwise but shall be
furnished directly to the judge hearing the matter.
Documents or copies thereof produced during discovery
and other items, which should properly be received as
exhibits rather than as a part of the court file shall
not be included in the court file.
(6) Case Information Cover Sheet. Each new civil
and domestic case filing shall be accompanied by a Case
Information Cover Sheet prepared and submitted by the
party filing said new civil or domestic case. Attached
as Exhibit A to this rule is the form of the Case
Information Cover Sheet.
(7) Electronic filing of documents. Electronic filing of
documents shall be permitted
provided that the electronic transmission of documents
is done in a manner approved by the Superior Court Clerk.
(A) Signatures: Use of electronic filing by a party or
attorney shall constitute compliance CR11's signature
requirement. A printed copy of the electronically filed
document with original signatures shall be maintained by the
filing party and made available for inspection by other
parties or the Court upon request. Documents containing
signatures of third-parties (i.e., unopposed motions,
affidavits, stipulations, etc.) may also be filed
electronically by indicating in the original signatures are
maintained by the filing party in paper-format.
(B) Time for Filing and Effect of Use of Efiling: Any
pleading filed electronically shall be considered as filed
with the Court when transmission is completed ("authorized
date and time"). Any document Efiled with the Court by 5:00
PT shall be deemed filed with the Court on that date.
(C) Form of Documents Electronically Filed: All
electronically filed pleadings shall be formatted in
accordance with the applicable rules governing formatting of
paper pleadings.
(D) Payment Of Statutory Filing Fees: All statutory filing
fees shall be collected and paid for electronically filed
documents according to the then current methods approved by
the Clerk of the Chelan County Superior Court.
LR 7
PLEADINGS ALLOWED; FORM OF MOTIONS
(b) Motions and Other Papers.
(1) How Made.
(A) Reapplication on Same Facts. When a motion has been denied
in whole or in part (unless without prejudice) or when a motion has been
granted conditionally and the condition has not been performed, the same motion
may not be presented to another judge. Reapplication shall be made in the same
manner as a motion to reconsider. NOTE: SEE LR 56 FOR SUMMARY JUDGMENT MOTIONS.
(B) Subsequent Motion; Different Facts. If a subsequent motion
is made upon alleged different facts, the moving party must show by affidavit
what motion was previously made, when and to which judge, what order or
decision was made on it, and what new facts are claimed to be shown.
(C) Notes for Motion Calendar; Time for Filing. Any party
desiring to bring any motion prior to trial, other than a motion for summary
judgment, must file with the Clerk and serve all parties and the Judge assigned
to hear the motion or the Presiding Judge at least five (5) court days before
the date fixed for such hearing. A BENCH COPY OF THE MOTION AND ALL SUPPORTING
DOCUMENTS SHALL BE DELIVERED TO THE CHELAN COUNTY COURTHOUSE OR MAILED OT THE
JUDGE. THE MAILING ADDRESS FOR ALL JUDGES IS P.O. BOX 880, WENATCHEE, WA
98807-0880. The documents should include a Note for Motion, the motion and
supporting documents.
(i) Note for Motion - Dissolution Actions. See Washington
Pattern Form.
(ii) Other Actions. The note must contain the title of the
court; the date, the time when the same shall be heard; the words "Note for
Motion", the names of the attorneys for all parties or parties pro se; the
nature of the motion; and by whom the motion is made. Attached as Exhibit B to
this Rule is an example form of a Note for Motion that may be used for Chelan
County causes. Any sections of Exhibit B that do not apply to the particular
motion may be deleted from the form prior to filing. This note for motion must
be signed by the attorney or party pro se filing the same, with the designation
of the party represented.
(iii) The note or other document shall provide a certificate of
mailing of all documents relating to the motion. If a party noting the matter
for hearing: (a) has a limited ability to speak or understand the English
Language, or (b) knows or, after reasonable inquiry has reason to believe,
that any other party to the action has limited ability to speak or understand
the English Language, the party noting the matter for hearing shall indicate on
the Note for Motion form that an interpreter is needed. If the matter being
noted is other than a family law matter, or if the language for which the
interpreter is needed is not Spanish, the party filing the Note for Motion
shall simultaneously with such filing provide a copy of the Note for Motion to
the Judicial Assistant. This paragraph shall not apply to State-initiated child
support enforcement or modification actions or to State-initiated paternity
actions so long as the State provides an interpreter for such proceedings.
Responding documents and briefs must be filed with the Clerk and copies
served on all parties and the Judge scheduled to hear the motion, no later than
noon two (2) court days prior to the hearing. Copies of any additional
responding or reply documents must be filed with the Clerk and served on all
parties no later than noon of the court day prior to the hearing.
(D) Late Filing; Terms. Any material offered at a time later
than required by this rule, over objection of counsel, may be rejected by the
Court, or the matter may be continued and the court may impose appropriate
terms or sanctions.
(E) Telephonic Hearing. Any party may request to argue any
motion by telephone conference call. The requesting party shall contact the
judge or commissioner scheduled to hear the motion at least three (3) days
before the hearing for permission under such conditions as ordered by the
court. All parties retain the right to argue motions in person, even if the
other party appears by telephone.
(F) Special Settings. To special set any matter before the
assigned judge, contact the person responsible for scheduling that judge's
calendar as follows:
Dept. No. 1 Judge Lesley A. Allan Karen Komoto 667-6212
E-mail: Karen.Komoto@co.chelan.wa.us
Dept. No. 2 Judge T.W. Small Karen Komoto 667-6212
E-mail: Karen.Komoto@co.chelan.wa.us
Dept No. 3 Judge John E. Bridges Luanne Nelson 667-6209
E-mail: Luanne.Nelson@co.chelan.wa.us
If you are not certain which judge is assigned to the case
contact Fona Sugg at 509 667-6210 or E-mail Fona.Sugg@co.chelan.wa.us.
[Amended Effective September 1, 2011]
LR 8
SHOW CAUSE ORDERS
(g) Certified copies of show cause orders shall not be
issued by the Clerk of the Court without payment in advance.
LR 10
FORM OF PLEADINGS
(f) Any document or correspondence presented to the
Court for filing which does not have the correct cause
number on the face of such document or correspondence may
not be filed and may be returned to the presenter.
LR 16
PRETRIAL PROCEDURE AND FORMULATING ISSUES
(c) Pre-Trial Conference. Any order for a pre-trial
conference shall be in the form of and include the
provisions as set forth in the Exhibit "C" attached to this
rule. The pre-trial conference shall be held not less than
two weeks prior to the trial date.
(d) Pre-Trial Order. A pre-trial order in the form of
Exhibit "D" attached to this rule shall be prepared by
counsel within ten (10) days after the conclusion of the pre-
trial conference.
(e) Exhibits. Parties shall notify the trial judge
and the opposing party by letter if that party anticipates
offering 25 exhibits or more at the time of trial. Said
notice shall be given no less than two (2) weeks prior to
the trial date.
(f) Settlement Conferences
(1) On Motion by Party. Any party in any pending
case may serve and file a motion for a settlement conference
directed to the department to which the settlement is
assigned in accordance with paragraph (5) below.
(2) On Court's Motion. The court to which a case
is assigned for trial may, upon its own motion after a trial
date has been set, order a settlement conference in any
pending case, and a settlement conference shall be held
unless all parties file objections thereto.
(3) Subsequent Motion by Party. Where a motion
for a settlement conference is defeated by the filing of an
objection or objections, any party in said cause may file
another motion for a settlement conference after thirty days
following the filing of the last previous motion for a
settlement conference.
(4) Order for Settlement Conference. Upon the
entry of an order for a settlement conference, the judge
shall fix a specific date and hour for the conference. If
the party presenting such order has limited ability to speak
or understand the English Language, or if such party knows
or, after reasonable inquiry has reason to believe, that any
other party to the action has limited ability to speak or
understand the English Language, the party presenting such
Order for entry shall indicate on such order that an
interpreter is needed and the language for which the
interpretation is needed. The party presenting such order
for entry shall, substantially simultaneously with the entry
of such order, provide a copy thereof to the Judicial Assistant.
(5) Assignment of Judge. A judge not assigned to
preside over the trial shall conduct the settlement conference.
(6) Preparation and Attendance. The attorney
personally in charge of each party's case shall personally
attend all settlement conferences and shall, not less than
three (3) days prior to the date set for the settlement
conference, serve on the assigned judge and the attorney for
the opposing party a letter succinctly addressing the
following:
a. A brief factual summary;
b. Issues regarding liability;
c. Issues regarding damages, both special and general
d. History of any settlement negotiations; and
e. Current position on settlement.
In family law cases, counsel shall also serve on
the assigned judge and attorney for the opposing party the
completed matrix included herein as Exhibit B to LR 94.04.
Each attorney shall be prepared to discuss the
foregoing in detail at the settlement conference.
(7) Attendance of Parties. The parties shall in
all cases attend the settlement conference.
Parties whose defense is provided by a liability
insurance company need not personally attend said settlement
conference, but a representative of the insurer of such
party, if such a representative is available in Chelan-
Douglas counties, shall attend with sufficient authority to
bind the insurer to a settlement. In the event such a
representative is not available, counsel representing the
party whose defense is provided by the insurer shall make a
good faith effort to obtain settlement authority to bind the
insurer to a settlement prior to the settlement conference.
Attendance of any party may be excused by the court
where by reason of health, or other good and sufficient
reason, compelling his personal attendance would be unduly
burdensome. Whether or not the attendance of any party is
required shall rest in the discretion of the judge presiding
at the settlement conference. Request for excuse shall be
made at least three (3) days prior to the hearing.
(8) Proceedings Privileged. Proceedings of said
settlement conference shall, in all respects, be privileged
and shall not be reported or recorded. No party shall be
bound unless a settlement is reached. When a settlement has
been reached, the judge may, at the request of any party, in
his or her discretion, order the settlement to be reported or recorded.
(9) Sanctions. Where a party has failed to
comply with any of the provisions of this rule the court
shall make such orders as are just, which shall include the
award of reasonable expenses, including attorney's fees,
caused by the failure, unless the court finds that the
failure was substantially justified or that other
circumstances make an award of expenses unjust.
LR 32
USE OF DEPOSITIONS IN COURT PROCEEDINGS
(a) Use of Depositions.
(6) Video Depositions. When presenting video
depositions, a written deposition must also be filed. The
videotape may be returned after the appeal period,
regardless if it is published or not.
LR 37
FAILURE TO MAKE DISCOVERY; SANCTIONS
(f) Completion of Discovery. Unless otherwise
stipulated to by the parties, or ordered by the Court upon
good cause shown and such terms and conditions as are just,
all discovery allowed under CR 26 through 37, including
responses and supplementations thereto, must be completed no
later than 35 calendar days prior to the date assigned for
trial. Nothing herein stated shall modify a party's
responsibility to seasonably supplement responses to
discovery requests or otherwise comply with discovery prior
to the 35-day cutoff.
LR 47
JURORS
(k) Counsel or the parties shall not contact or
interview jurors or cause jurors to be contacted or
interviewed after trial without first having been granted
leave to do so by the Court.
LR 49
VERDICTS
(1) Receiving Verdict During Absence of Counsel. A
party or attorney desiring to be present at the return of
the verdict must remain in attendance at the courthouse or
be available by telephone call. If a party or attorney
fails to appear within 20 minutes of telephone notice to the
attorney's office, home or other number, the court may
proceed to take the verdict in the absence of such party or
attorney. In such case, the jury shall be individually
polled and the identity of any dissenting jurors recorded.
LR 52
DECISIONS, FINDINGS AND CONCLUSIONS
(f) In all actions tried to the court, counsel for each
party shall, two (2) days prior to trial, provide the Court
and opposing counsel with proposed findings of fact and
conclusions of law. Provided, that proposed findings and
conclusions are not required in domestic cases of any kind,
except that the court may, at its discretion, require
proposed findings and conclusions, in a particular case or
the parties may voluntarily submit such findings and conclusions.
(g) Time Limit for Presentation. In cases tried to the
court, findings of fact, conclusions of law and a proposed
judgment shall be presented within twenty (20) days of the
court's oral or memorandum decision; provided however, that
in the event post-trial motions are filed, the twenty (20)
days shall run from the date of ruling on such motions.
In the event that said findings of fact, conclusions of
law and the proposed judgment are presented to the court in
excess of twenty (20) days of the court's oral decision, the
party presenting such findings of fact, conclusions of law
and proposed judgment shall, if requested by the court,
prepare and file a transcript of the court's oral decision.
LR 56
SUMMARY JUDGMENT
(i) Special Setting. Summary judgments shall be heard by the judge who is
assigned to preside over the trial.
ALL MOTIONS FOR SUMMARY JUDGMENT MUST BE SPECIAL SET. SPECIAL SETTINGS SHALL
BE OBTAINED BY CONTACTING THE PERSON RESPONSIBLE FOR SCHEDULING AS SET FORTH IN
LR 7(b)(1)(F).
(j) Service and Filing
FOR DEPARTMENT 1 (HONORABLE LESLEY A. ALLAN) AND DEPARTMENT 3 (HONORABLE JOHN E. BRIDGES)
A working copy for the judge of the motion, all supporting documents and
all responding documents shall be delivered to the courthouse or mailed to the
judge at the time of filing the originals.
FOR DEPARTMENT 2 (HONORABLE T.W. SMALL)
It is strongly preferred that working copies less than 30 pages in length
be submitted via e-mail in PDF format with hyperlinks to all cited cases and
statutes. E-mailed documents should be sent to Karen.Komoto@co.chelan.wa.us
and Fona.Sugg@co.chelan.wa.us. Paper working copies shall be delivered to the
courthouse or mailed to the judge at the time of filing the originals.
The mailing address for all judges is P.O. Box 880, Wenatchee, WA 98807-0880.
If working copies are not received, the judge may strike the hearing.
Where depositions or interrogatories are a part of the evidence relied upon,
counsel's affidavits, briefs and arguments must cite the depositions or
interrogatories by page and line.
ANY MATERIAL OFFERED AT A TIME LATER THAN REQUIRED BY THIS RULE OVER OBJECTION
OF COUNSEL SHALL NOT BE ACCEPTED AND CONSIDERED BY THE COURT EXCEPT UPON THE
IMPOSITION OF APPROPRIATE TERMS OR SANCTIONS, INCLUDING THE RIGHT TO A
CONTINUANCE IF REQUESTED.
Any motion for summary judgment or responsive pleadings to a motion for summary
judgment shall list and identify all evidence the Court should consider.
(k) Confirmation. On any motion for summary judgment, counsel for the
moving party shall contact the person responsible for scheduling for the judge
or commissioner (LR7(F)) three court days preceding the date set for hearing
and advise whether the motion will be heard. If notification is not made, the
motion will be stricken for resetting.
[Amended Effective September 1, 2011]
LR 58
ENTRY OF JUDGMENT
(m) Judgment on a Promissory Note. No judgment on a
promissory note will be signed until the original note has
been filed with the Clerk, absent proof of loss or destruction.
LR 59
MOTION FOR RECONSIDERATION
(3) Nature of Hearing
(A) A motion for reconsideration or for a new
trial shall be submitted on briefs and declarations or
affidavits only, without oral argument, unless the trial
judge, on application from counsel or on the judge's own
motion, allows oral argument. The judge will notify counsel
if oral argument is to be allowed. Copies of such motions
for reconsideration, copy of note for motion calendar and
responses thereto shall be delivered to the judge at the
time of filing.
(B) The scheduled hearing date will not ordinarily
involve oral argument. However, it will be the earliest
date that the court will consider the merits of the motion.
LR 65
INJUNCTIONS
(b) TEMPORARY RESTRAINING ORDER; NOTICE; HEARING; DURATION.
(1) Notice to Opponent. Failure to give notice as
required by CR 65 may result in the imposition of terms
and/or sanctions on the moving party.
LR 77
SUPERIOR COURTS AND JUDICIAL OFFICERS
(o) Court Calendar
(1) The Probate and Law and Motion Calendars will be held each Friday at 9:30 a.m.
Adoption hearings will be heard at 9:00 a.m. on the Law & Motion Calendar.
(2) The Judges rotate as Motion Judge according to the schedule published periodically
by the Judges. The Court Commissioner shall preside over the Probate and Law and Motion
Calendars on the first and third Fridays of each month.
The Motion Judge's schedule is as follows:
Monday: Criminal Calendar
Tuesday: 9:00 Domestic Violence Calendar
Wednesday: Criminal Calendar
Thursday: 9:30 Special Set Criminal Matters
(on Thursdays prior to criminal trial week.)
Friday: 9:00 Adoptions
(second, fourth and fifth Fridays)
9:30 Law & Motion Calendar
(second, fourth and fifth Fridays)
P.M. Special Set Matters
To obtain a special set please call (509) 667-6210 or e-mail Fona.Sugg@co.chelan.wa.us.
A COURT REPORTER WILL NOT BE PROVIDED FOR ANY CIVIL MATTER SCHEDULED, EXCEPT PATERNITY
ACTIONS, UNLESS REQUESTED AT LEAST TWO COURT DAYS BEFORE THE HEARING OR TRIAL.
(3) Except as otherwise provided in LR 77(o)(3)(a) hereof, Domestic Relations and Domestic
Show Cause hearings where an attorney has appeared will be held each Monday at 1:30 p.m.
The Court Commissioner will preside. Domestic Relations and Domestic Show Cause hearings where
the parties are pro se will be specially set before the assigned judge.
(a) Domestic Relations and Domestic Show Cause hearings requiring more than 30
minutes will be scheduled by special setting before the judge assigned to hear
the trial. See LR 7(b)(1)(F).
A COURT REPORTER WILL NOT BE PROVIDED FOR ANY DOMESTIC RELATIONS SHOW CAUSE HEARING
UNLESS REQUESTED AT LEAST TWO COURT DAYS BEFORE THE DATE OF THE HEARING.
(4) Default Dissolution Hearings will be held on Tuesdays at 1:30 p.m. The Court
Commissioner will preside.
(5) Juvenile Calendars will be held on Tuesdays, Thursdays at 8:30 a.m. or such other
time as matters are set. The Court Commissioner will preside over juvenile calendars.
(6) Dependency Hearings will be held on Wednesdays or such other time as matters are set.
The Court Commissioner will preside.
(7) Holiday Scheduling - any court calendar falling on an official court holiday
will be cancelled.
(A) The Judges may, by order, further alter these court schedules as needed
and as available courtroom space requires.
(p) Ex parte Matters.
(1) Non-Emergency. Non-emergency ex parte orders shall be left in the Judges' Chambers
box in the County Clerk's Office or in the mailbox outside the door to Judges' Chambers
for consideration. Orders left outside Judges' Chambers prior to 10:30 a.m. will be
considered by the Court and available for pick-up on the County Clerk's office not later
than 4:30 p.m. that same day. Orders left after 10:30 a.m. will be available for pick up
not later than 4:30 p.m. on the following day.
(2) Emergency Orders. Emergency orders may be presented directly to Judges' Chambers
and will be considered by any available judge, or as soon as a
judge becomes available.
(q) Special Settings. Any matter which will require more than ten minutes of argument
per party shall be specially set at a time arranged with the Court. See LR 7(b)(1)(F).
(r) The Judges will preside over all matters scheduled on a calendar even though the
matter is assigned to another department, except for sentencings, motions for summary
judgment or matters where there is a conflict.
[Amended Effective September 1, 2012]
LR 78
CLERKS
(g) Pleadings or other papers requiring action on the
part of the Clerk of the Court (other than filing, stamping,
docketing and placing in the court file) shall constitute
action documents. Action documents shall include a special
caption directly below the case number on the first page
such as "Clerk's Action Required". The specific action
required of the Clerk shall be stated with particularity in
the body of the pleading or other paper requiring action on
the part of the Clerk.
LR 94.04
MARRIAGE DISSOLUTION ACTIONS
A. NON-CONTESTED DISSOLUTION HEARINGS.
(1) Hearing. Non-contested dissolution cases will be heard on a calendar set
by the Superior Court Judges and Clerk. The days and times are set forth in LR 77.
The Clerk shall not place any case on the non-contested calendar unless
the file shows one of the following:
a. The applicant's opponent has joined in the petition for dissolution of
marriage; or
b. The applicant's opponent has waived notice or has signed a consent to
hearing on the date noted; or
c. An order for default has been applied for or entered.
The Clerk shall not place any case on the non-contested calendar
unless proof is filed that summons was served more than ninety (90) days
before the date selected for hearing or that the case has been on file
more than ninety days and both parties have submitted to the jurisdiction
of the court.
(2) Note for Non-contested Calendar-Attorney. A notice of hearing on the non-
contested calendar must be filed by counsel with the Clerk at least three court
days before the date of the hearing.
(3) Note for Non-contested Calendar- Without Attorney (Self-represented). A
notice of hearing on the non-contested calendar by a self-represented party
shall be accompanied by pre-approved pleadings which the party proposes to
submit to the court as final orders. Such proposed pleadings shall include
Findings of Fact and Conclusions of Law or Waiver of same signed by all
parties, Decree, Parenting Plan and/or Residential Schedule, Child Support
Worksheets, Order of Child Support, and a Residential Time Summary, where applicable.
The Clerk shall not place any case on the non-contested calendar upon
application by any self-represented party unless it is accompanied by the
party's pre-approved, proposed pleadings.
(4) Self-represented Note for Show Cause Calendar-Without Attorney.
A note for show cause hearing and or show cause order for temporary orders
by a self-represented party shall be accompanied by proposed orders. Such
proposed orders shall include Temporary Orders, Temporary Parenting
Plans/Residential Schedules, Temporary Order of Child Support, etc, where applicable.
The Clerk shall not schedule a show cause hearing upon application
by any self-represented party unless it is accompanied by the party's proposed orders.
(5) Self-represented Emergency Ex Parte Orders. Parties shall not be required
to obtain pre-approval of pleadings submitted for emergency ex parte orders.
(6) Self-represented parties shall obtain pre-approval of all final documents
only from the Chelan County or Douglas County Superior Courthouse Facilitator,
Director of Family Law at Community Action, or a private attorney. Pre-
approval shall be designated in a manner clearly ascertainable and approved by
the Chelan County Clerk.
The Clerk shall not file said proposed pleadings, but shall instead
place all proposed pleadings on the fly leaf of the court file.
(7) Order on Non-contested Calendar. The order of the calendars shall be as follows:
a. Matters where attorneys appear;
b. Self-represented matters in which pleadings are complete for the court's review;
c. All other matters.
(8) Mandatory JIS Search for All Cases Involving Children. At least three (3)
days prior to scheduled hearing for entry of final orders, self-represented
parties and attorneys must complete and submit the form in Exhibit 1. If
orders are to be presented ex parte, this completed form must accompany the
final documents when presented to the court for signature.
(9) Withdrawal of Consent. Before a decree is entered, a party may move to
withdraw any consent or waiver previously given. Such motion must be supported
by affidavit showing good cause and shall be noted for hearing on the show cause calendar.
(10) Disposition of Issues in Decree. No decree of dissolution shall be
entered unless the decree disposes of all issues over which the court has
jurisdiction relating to disposition of property and liabilities of the parties
and support or maintenance of either spouse. For good cause shown, the court
may in its discretion enter a decree of dissolution stating that it retains
jurisdiction to dispose of issues relating to parenting and child support.
B. CONTESTED DISSOLUTIONS.
(1) Pretrial Forms. In all final hearings or trials in domestic relations
matters, each party shall provide to the judge or commissioner, and serve on
the opposing party, a written statement as to the issues in controversy at
least three (3) days prior to trial. The written statement may be in any form
chosen by the attorney to convey the following:
(a) A brief factual summary;
(b) Issues in dispute [whether property, debts or custody];
(a) Case law, if it will be argued, supporting your position;
(b) Proposed distribution of assets and debts, proposed parenting plan and
child support amount, if in dispute;
(c) Areas of agreement.
If one of the parties is seeking maintenance or child support, both
parties shall complete the financial declaration contained in Exhibit A to LR 94.04.
If the parties are in dispute as to the distribution of assets and
debts, both parties shall complete Exhibit B to LR 94.04. The pretrial
forms shall not be filed with the Clerk.
Unless explained otherwise by the parties, the values shown on the
pretrial form should include proposed pension, retirement, profit sharing
or other deferred benefit or financial security plan; the cash surrender
value of all life insurance policies; the amounts of accounts receivable,
inheritance due, and trust accounts; the fair market value of all other
property including collections, antiques; and in the case of automobiles,
the average between wholesale and retail blue book values.
(2) Enforcement. If either party fails to comply with paragraph B(1)
set forth above, the trial judge may order such party or his attorney to
pay an appropriate attorney's fee to the opponent for any additional work
or delay caused by the failure to comply. If either party fails to
comply, the trial date may be stricken.
(3) Continuances. Stipulations or motions to continue a case already
on the trial calendar must be in writing, supported by a declaration
showing sufficient grounds for the requested continuance. The moving
party shall present a written order for entry.
C. CHILD CUSTODY OR PARENTING PLAN PROCEEDINGS
(1) Parenting Plans.
(a) Proposed, Temporary and Permanent Parenting plans shall be in
the form required by State law. Proposed temporary parenting
plans need not have the dispute resolution and decision making
sections completed.
D. DATING AND MAILING OF DECREES AND ORDERS.
(1) When any decree or order is filed in a dissolution matter, the
attorney for the party presenting the order, or the party if the matter is
presented pro se, shall immediately deliver or mail to the opposing party, or
to the opposing party's last known address, or to opposing counsel, a true copy
of the decree or order with the date of entry indicated on each copy. A
declaration of mailing of such true copy shall be filed.
E. HEARINGS - SHOW CAUSE - PRELIMINARY AND TEMPORARY ORDERS
(1) Hearings. See Local Rule 77.
(2) Hearings by Documentary Evidence. All show cause hearings pertaining to
requests for temporary support money and/or attorney's fees shall be heard and
determined by documentary evidence only, unless the parties request that oral
testimony be given and the court, in its discretion, agrees.
(3) Supporting Worksheet. A motion for order to show cause for
temporary support shall be supported by a child support worksheet in the form
prescribed by state law and may also include a financial declaration in the
form designated in Exhibit A attached to this rule. No order shall be signed
setting a show cause hearing for temporary support unless the signed worksheet
accompanies the motion.
(4) Information Considered Notwithstanding Non-appearance. An
affidavit or child support worksheet filed by a non-appearing respondent shall
be considered by the court at the time of hearing on show cause hearings and
upon hearing default dissolutions.
(5) Limitations on Declarations.
(a) Application. This section (5) of this rule does not apply to
domestic violence petitions or domestic violence motions.
(b) Children's statements. Declarations by minors are disfavored.
(c) Format: All filed documents and copies provided as "Working
Papers" and served on other parties and attorneys shall be legible.
If typed or computer printed, documents shall be in 12 point or
larger type, double-spaced between the lines.
(d) Page limits.
(i.) Generally. Absent prior authorization from the court, the
entirety of all declarations and affidavits from the parties and any non-expert
witnesses in support of motions (except financial declarations), including any
reply, shall be limited to a sum total of twenty-five (25) pages. The entirety
of all declarations and affidavits submitted in response to motions shall be
limited to a sum total of twenty (20) pages.
(ii.) Exhibits. Exhibits that consist of declarations or
affidavits of parties or witnesses shall count towards the above page limit.
All other exhibits attached to a declaration or affidavit shall not be counted
toward the page limit.
(iii.) Financial Declarations. Financial Declarations and
financial documents do not count toward the page limit.
(iv.) Expert Reports and Evaluations. Declarations, affidavits,
and reports from Court Appointed Special Advocates (CASA), Guardians Ad Litem
(GAL) and expert witnesses do not count toward the page limit.
(v.) Miscellaneous Exceptions. Copies of declarations or
affidavits previously filed for a motion already ruled upon and supplied only
as a convenience to the court in lieu of the court file do not count toward the
page limit. Deposition excerpts shall not count toward the page limit.
F. DISPOSAL OF PROPOSED PARENTING PLAN.
The Clerk is authorized to remove from the file and dispose of all proposed
parenting plans after the Permanent Parenting Plan has been entered and the time for
appeal has elapsed.
I. MANDATORY INFORMATION EDUCATION WORKSHOP
The Chelan County Superior Court finds that it is in the best interest of
any child whose parents or custodians are involved in specific court proceedings to
provide such parents with an educational workshop concerning the impact of
family restructuring has on their child. The workshop offers parents tools to
help ensure that their child's emotional needs will not be overlooked during
the legal process, to encourage parents to agree on child-related matters, and
to aid in maximizing the use of court time.
(1) Types of Proceedings Required. Each person named as a party in the
following types of proceedings filed after January 1, 1997, must comply with LSPR 94.04I:
1. Dissolution of Marriage with child(ren) under 18 years old;
2. Legal Separation or Declaration of Invalidity with child(ren) under 18 years old;
3. Petition to establish custody or visitation including paternity; and/or
4. Post-judgment petition involving custody or visitation.
(2) Service on Parties. The Clerk of the court shall provide a
copy of this rule (LR94.04 I) to the initiating party for service upon all
parties against whom relief is sought, together with a statement describing the
program including contact telephone numbers, addresses, statement of costs, and
an explanation of how to request a waiver or deferral of the program
registration fee.
(3) Mandatory. Each party who files an appearance in a proceeding of the
types described above in Section (1) shall complete the program unless exempted
by the court. No final order approving any residential or parenting plan shall
be entered without proof of completion of such education program by the parents
or legal guardians unless otherwise ordered by the court.
(4) Ninety (90) Day Deadline. Each party shall attend and complete
an approved parenting workshop within ninety (90) days of filing a proceeding
specified in Section (1) above.
J. MANDATORY JIS SEARCH FOR ALL CASES INVOLVING CHILDREN
At least three (3) days prior to scheduled hearing for entry of final
orders, self-represented parties and attorneys must complete and submit the
form in Exhibit C to LR 94.04. If orders are to be presented ex parte, this
completed form must accompany the final documents when presented to the court for signature.
[Amended Effective September 1, 2011]
LR 96.04
CHANGE OF NAME OF STEPCHILD
When changing the name of a child under the age of 18
to the name of the child's stepfather, the petitioner shall
give notice of such proceeding except as provided by statute to:
a. The father, if the child has been born during marriage,
or
b. The father, if paternity is established, or
c. Any other person with a paternal interest by virtue of an adoption.
In addition, written consent shall be required of any child over 14 years of age.
LR 98.04
ESTATES - PROBATE
(a) Ex Parte. All probate matters that are not contested
and in which notice is not required by statute, rule, or
duly filed request for notice under R.C.W. 11.28.240 or
where such notice has been waived, may be done ex parte.
(b) Contents of File for Ex Parte Presentation. The
following documents will be presented before ex parte presentation:
(1) Original will;
(2) Affidavits of subscribing witnesses;
(3) Certified copy of Death Certificate-SSN redacted;
(4) Order admitting will to probate or order appointing
administrator if petition is by surviving spouse;
(5) Petition for order of solvency if solvency is requested;
(6) An inventory or partial inventory of assets and debts sufficient
to prove solvency;
(7) An order of solvency.
(c) Presentation by Mail. An original probate
application may be presented by mail under the following conditions.
(1) All documents required by 98.04(b) shall be presented in the mailing;
(2) All documents shall bear the personal original
signature of counsel or party pro se presenting same;
(3) Covering Letter. All documents shall be accompanied by
a covering letter of explanation personally signed by the
presenter and shall request the Clerk to deliver the
documents to a Judge or a Court Commissioner for signing;
(4) Return Envelope. A self-addressed return envelope
bearing sufficient postage paid shall be included for the
return of any request conformed copies.
LR 98.09
GUARDIANSHIP FUNDS
In all guardianships in which the funds are held by the
guardian as trustee for the ward, the funds shall be placed
in a designated bank account and the passbook for such
account shall be deposited with the Clerk of the Court and
withdrawals made from such account only upon order of the Court.
The tax identification number or social security number
of the ward should be included in any order where the Clerk
of the Court is required to invest funds.
LR 98.10
CHELAN COUNTY SUPERIOR COURT GUARDIAN AD LITEM ROTATIONAL REGISTRY
(TITLES 11 AND 26)
SCOPE/PURPOSE
This local rule covers the maintenance and administration of the Guardian ad
Litem Registry maintained by the Registry Administrator.
DEFINITIONS
None.
POLICY
A. Registry Administration
1.1 The court shall maintain and administer the GAL registries. These
registries are limited to Titles 11.88 and 26 GAL's. 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.
1.2 The Court shall maintain an application form and background information
records pertaining to each person on a registry. Persons listed on the
registry shall reapply and update background information annually on a date
specified for the 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.
1.3 Persons shall be selected to serve on the registry at the discretion of
the Court giving due consideration to: (1) having a sufficient number of GAL's
available to fulfill the requests for appointment; (2) achieving and
maintaining diversity; and (3) retaining panels of persons with substantial
experience and special knowledge within given fields. In some cases there may
be more qualified applicants that will be needed or would benefit the program,
so that not all persons applying will be selected.
1.4 The court shall periodically sponsor or approve training programs which
registry applicants shall be required to attend to maintain and improve their
level of proficiency. Training programs may be co-sponsored or offered by the
state or local bar association under the oversight of the court.
1.5 The registry may be reconstituted periodically after an open application
period has been announced. The court may allow additional applicants to be
added to the registry periodically.
1.6 The court may impose an application processing fee and/or charge a fee for
the training programs.
B. Education and Experience Requirements
2.1 Attorneys
a. Member of the Washington State Bar Association in good standing; and
b. For initial placement on registry, completion of any training as required
by statute. For retention on registry, completion of any continuing training,
as may be required by statute or the court from time to time.
2.2 Non-attorneys
a. For initial placement on registry, completion of any training as
required by statute. For retention on registry, completion of any continuing
training, as may be required by statute or the court from time to time.
b. Eligibility to be determined by the court.
C. Application
Each person requesting to be listed on the Guardian Ad Litem Registry (or registries)
shall annually submit an application on the current form provided by the court,
which shall include the following:
3.1 The name, business address, and telephone number of the applicant.
3.2 The level of formal education of the applicant and, if the applicant is an
attorney, the year admitted to practice in Washington State and any other
States in which the attorney is licensed to practice.
3.3 A listing of training relating the GAL's duties.
3.4 The number of years experience as a GAL.
3.5 The number of appointments as a GAL and the County or Counties of appointment.
3.6 The applicant's criminal history as defined by RCW 9.94A.030.
3.7 Evidence of the person's knowledge, training, and experience.
3.8 A statement describing the nature, status, and outcome of any complaints,
investigations, disciplinary actions, lawsuits, or liability claims lodged
against the GAL related to the persons duties as a GAL and any orders for
removal of the GAL entered prior to the completion of the GAL's duties for any
reason other than a conflict of interest where the GAL had no prior knowledge
that the conflict existed.
3.9 A description of the fees charged by the applicant (hourly rate and any
required retainer) and a statement of the applicant's willingness to accept
cases on a reduced fee basis.
3.10 Agreement to advise the court immediately in the event of any complaint,
investigation, or action being commenced related to the applicants duties as a
GAL in the instant or any other case which could lead to:
1. Discipline of the applicant;
2. The suspension or revocation of the applicant's professional license(s).
3.11 Agreement to advise the court immediately upon the filing of criminal charges
for a felony or a crime involving allegations of theft, dishonesty, or moral turpitude.
D. Appointment of a Guardian ad Litem from Registry
4.1 For Title 26 cases only in cases where the parties agree, any GAL from the
registry may be appointed.
4.2 In Title 11 cases or in Title 26 cases where the parties cannot agree, a
party needing an appointment from a GAL registry shall request the same from
the Registry Administrator. If the requesting party is represented by counsel,
the attorney shall then contact the proposed GAL to determine if he/she is
available to serve. If the requesting party is pro se, the Registry
Administrator shall contact the proposed GAL to determine if he/she is
available to serve. The person whose name next appears on the registry on a
rotational basis shall be appointed, subject to that person's acceptance of the appointment.
4.3 The person appointed by the Registry Administrator shall serve upon the
parties a notice of appointment.
E. Retention on Registry
5.1 Persons on the registry shall promptly inform the court of any temporary
unavailability to serve, or of their intent to resign from the registry.
5.2 A person shall remain on the registry unless the person fails to maintain
a current application with attachments or the person is removed or suspended as
set forth in Section F.
5.3 A person may be denied listing on, or may be temporarily suspended from,
the registry for any reason that places the suitability of the person to act as
GAL in question.
5.4 A GAL who ceases to be on the registry and who still has active or
incomplete cases shall immediately report this circumstance to the Registry
Administrator, who shall reassign such cases.
5.5 A person's retention on the registry shall be reviewed upon the court's
receipt of a complaint regarding performance in office or the court's receipt
of adverse information regarding the suitability of a person to serve as a GAL.
Complaints shall be reviewed in accordance with Section F.
F. Complaint Procedure
6.1 There shall be a complaint review committee consisting of the Superior
Court Presiding Judge, the Juvenile Court Administrator and a representative of
the Chelan/Douglas Counties Bar Association.
6.2 All complaints must be in writing and must be submitted to the Superior
Court Presiding Judge.
6.3 Upon receipt of a written complaint, the Presiding Judge shall convene the
Complaint Review Committee within 10 business days to review the complaint.
Upon review of the complaint, the complaint Review Committee shall either:
a. Make a finding that the complaint has no merit on its face, and decline to
review the complaint and so inform the complainant; or
b. Make a finding that the complaint does appear to have merit and request a
written response from the GAL within 10 business days, detailing the specific
issues in the complaint to which the Committee desires a response. The
Committee shall provide the GAL with a copy of the original complaint. A GAL's
failure to respond within the required 10 business days will result in the
immediate suspension of the GAL from all registries.
c. In considering whether the complaint has merit, the Complaint Review
Committee shall consider whether the complaint alleges the GAL has:
1. Violated the code of conduct;
2. Misrepresented his or her qualifications to serve as GAL;
3. Not met the annual update requirements set forth in Paragraph 1.2 of this policy;
4. Breached the confidentiality of the parties;
5. Falsified information in a report to the court or in testimony before the court;
6. Failed to report abuse of a child;
7. Communicated with a judicial officer ex-parte;
8. Represented the court in a public forum without prior approval of the court;
9. Violated state or local laws, rules, or this policy in the person's capacity as a GAL; or,
10. Taken or failed to take any other action which would reasonable place the
suitability of the person to serve as GAL in question.
6.4 Upon receipt of a written response to a complaint from the GAL, the
Complaint Review Committee shall, within 10 business days, make a finding as to
each of the issues delineated in the Committee's letter to the GAL that either
there is no merit to the issues based upon the GAL's response or that there is
merit to the issue. The Review Committee may, at their discretion, extended
the time for entering findings to conduct additional investigation if
necessary, however, in no case shall that extension be for more than 20
business days and the GAL shall be notified.
6.5 The Complaint Review Committee shall have the authority to issue a written
admonishment, a written reprimand, refer the GAL to additional training,
recommend to the court, upon its own motion, to remove the GAL from the instant
case, or suspend or remove the GAL from the registry. In considering a
response, the Committee shall take into consideration any prior complaints
which resulted in an admonishment, reprimand, referral to training, removal of
the GAL from a particular case, or suspension or removal from a registry. If a
GAL is listed on more than one registry, the suspension or removal may apply to
each registry the GAL is listed on at the discretion of the Committee.
6.6 The complainant and the GAL shall be notified in writing of the
Committee's decision within 10 business days of receipt of the GAL response.
6.7 A GAL may, within 5 business days of receipt of notification that they
have been suspended or removed from the registry, request review of the
Committee's decision. The court shall designate a hearing officer. The sole
purpose of the hearing shall be to review the appropriateness of the suspension
or removal from the registry. The hearing officer shall review the written
record of the instant case and any prior complaints upon which the Committee
relied and hear oral arguments from the GAL and a representative of the
Committee. Said hearing shall be conducted within 20 days of the receipt of
the request for the hearing.
G. Payment of Guardian ad Litem
7.1 There shall be no payment of a GAL by anyone, except as authorized by
order of the court.
7.2 Each order appointing GAL shall set forth the hourly rate of compensation
for the investigative/legal work; source of payment, if determined; and unless
waived, shall require the GAL to seek court authorization to provide services
in excess of fifty hours per case, not including court appearances.
7.3 The order appointing a GAL may include a provision for a retainer fee, as
evidenced by itemized accounting, shall be returned to the parties according to
their proportionate responsibility for payment of the GAL.
7.4 All fee requests by the GAL submitted to the court shall contain time
records, which distinguish investigative/legal, administrative/clerical, and
travel time and shall also be served upon the parties.
7.5 GAL fees shall be the responsibility of a party or parties unless the
court has entered an order authorizing payment at public expense.
H. Appointment Procedures
8.1 Requesting Attorney or pro se party - Contacts the registry administrator
to obtain the next GAL appearing on the rotation.
8.2 Registry Administrator - The registry administrator provide the next name
on the list. If the requesting party is represented by counsel, the Requesting
Attorney shall contact the potential GAL. If the requesting party is pro se,
the Registry Administrator shall contact the potential GAL.
8.3 Registry Administrator - Upon determination of the acceptance of an
appointment, the Registry Administrator shall record the same on the rotation list.
8.4 Requesting Attorney - The requesting attorney shall see that an Order of
Appointment is filed with the Court. In cases where the requesting party is
pro se, the Registry Administrator shall see that the Order of Appointment is
filed with the Court.
[Amended Effective September 1, 2012]
LR 98.11
COMPLAINT PROCEDURE FOR TITLE 13 GUARDIANS AD LITEM
Any complaint filed against a Title 13 guardian ad litem,
whether the guardian ad litem is a member of the Chelan-
Douglas CASA/GAL Program or an attorney guardian ad litem
appointed by the court, will follow the complaint procedure
outlined in LR 98.10(F).
LCrR 1.6
DUTIES
The full time Chelan County Court Commissioner shall have
the authority to accept pleas in criminal matters.
LCrR 2.2
WARRANT OF ARREST AND SUMMONS
(g) Warrants by Fax Machine. Law enforcement
officials in outlaying areas of Chelan County may send by
Fax machine a motion, affidavit and order for a search
warrant or an arrest warrant to the Court at fax number
(509) 667-6588. Upon authorization and entry by the Court,
a signed copy of the order shall be sent back by Fax machine
to the law enforcement official for execution. Each faxed
document shall indicate the date and time sent. The
original of the order shall be presented and signed at the
earliest possible time for filing with the Court.
LCrR 3.1
RIGHT TO AND ASSIGNMENT OF LAWYER
(d)(4) Defendants who request appointment of counsel
may be required to promptly execute and file a financial
disclosure under oath, which shall substantially comply with
the form set forth in Exhibit A attached hereto, or the
defendant may be required to provide the information orally
to the court.
(5) All appointments of counsel by reason of
indigency are expressly contingent upon indigency and full
disclosure of assets. Where income or assets are discovered
or change subsequent to appointment which enable the
defendant to afford counsel, or if the defendant can afford
partial payment, fees may be ordered to be reimbursed to the court.
(6) Upon appointment of counsel for indigent
criminal defendants or other litigants, the Clerk shall
promptly provide counsel with notice of the appointment.
(e)(1) Attorneys representing defendants in criminal
cases, except when appointed by the court, must serve prompt
written notice of their employment upon the prosecuting
attorney and file the same with the Clerk of the Court, and
note the same for a hearing. No withdrawal will be granted
by the Court, except for cause deemed sufficient by the
Court. Approval of withdrawal may, if necessary to prevent
a continuance of a trial or hearing, be denied, and such
attorney be required to proceed with the trial.
LCrR 3.4
PRESENCE OF THE DEFENDANT
(d) All preliminary and timely arrangements for the
court appearance of any defendant held in custody shall be
the responsibility of the deputy prosecutor in charge of the
case, who shall advise the jail staff of the defendant's
required appearance.
LCrR 3.6
SUPPRESSION HEARINGS - Duty of Court
Threshold hearings may be stricken upon stipulation by
the prosecuting attorney that the defendant has made a
preliminary showing for the 3.6 hearing.
LCrR 4.2
PLEAS
(i) If a criminal case is set for trial but will be
disposed of by a change of plea, the guilty plea shall be
heard on or before the trial date. The court may authorize
a continuance and hear the change of plea at a later date.
LCrR 4.5
OMNIBUS HEARINGS
(d)(1) Motions. All rulings of the Court at omnibus
hearings or on motions shall be binding on the parties and
shall not be relitigated at trial.
(i) If there is no dispute regarding omnibus requests, the
motion shall be signed by both parties and presented to the
Court ex parte for signature before the date of omnibus hearing.
(ii) A defendant need not appear at the omnibus hearing if
there are no disputed omnibus requests.
LCrR 7.1
PROCEDURES BEFORE SENTENCING
(b)(1) When required; Time of Service. Unless
otherwise directed by the Court, the prosecuting attorney
and the defendant's attorney shall, not less than ten (10)
days before the sentencing date, serve a copy of any
presentence report upon the opposing party and send the
original to the sentencing judge. The Department of
Corrections shall serve a copy of its report upon the
prosecuting attorney and the defense attorney and the
original to the sentencing judge not less than ten days
before the sentencing date.
(2) Contents of Defendant's Report. The
defendant's presentence report which requests a sentence
outside of the standard range shall outline any proposed
programs, specifically state, among the other details, what
community resources are available for implementation of the program.
If the defendant is not requesting a sentence outside
of the standard range, the defense presentence report shall
indicate the recommended sentence, the type of program that
should be afforded the defendant, and reasons therefore.
(3) Penalties for Violation. A violation of this
rule may result in the refusal of the Court to proceed with
the sentencing until after reports have been served and
filed as directed herein, and in the imposition of terms, or
the Court may proceed to impose sentence without regard to the violation.
(4) Preliminary Confidential Filing of Report.
The Clerk of the Court shall file under seal and not permit
examination of the pre-sentence report, any psychological,
sociological, and mental health examinations, sex offender
treatment evaluations, and polygraph examinations until
further order of the court. Upon request for the inspection
of such documents, the court shall reasonably promptly
inspect the file and provide for inspection of all non-
confidential and disclosable information to the requesting individual.
LCrR 7.8
PAYMENT OF COSTS
(a) In all criminal cases, except where the Court Order
is to the contrary, the Judgment and Sentence shall provide
that the Clerk shall disperse monies received from the
criminal defendant in the following order:
(1) Restitution;
(2) Crime Victims Compensation;
(3) Court Costs;
(4) Attorneys Fees;
(5) Drug Fund;
(6) Fines.
LMAR 1.1
APPLICATION OF RULES - PURPOSE AND DEFINITIONS
(a) Purpose. 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 of $50,000 or less. 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 exercise that discretion. Arbitration hearings should be
informal and expeditious, consistent with the purpose of the statutes and rules.
[Amended Effective September 1, 2011]
LMAR 1.3
RELATIONSHIP TO THE SUPERIOR COURT JURISDICTION AND OTHER RULES - MOTION
All motions before the Court relating to mandatory arbitration shall
be noted on the civil motions calendar in accordance with LR 77, except as
otherwise provided in these rules of arbitration.
[Amended Effective September 1, 2011]
LMAR 2.1
TRANSFER TO ARBITRATION
(a) Statement of Arbitrability. In every civil case the party filing the
Note for Trial Docket provided by Civil Rule 30 shall, upon the form prescribed
by the court, complete a Statement of Arbitrability.* Within 14 days after the
Note for Trial and Statement of Arbitrability have been served and filed, any
party disagreeing with the Statement of Arbitrability or willing to stipulate
to arbitration shall serve and file a response to the Statement of
Arbitrability on the form prescribed by the Court.** In the absence of such
response, the Statement of Arbitrability shall be deemed correct, and the case
shall be deemed set for arbitration. If a party asserts that its claim exceeds
$50,000 or seeks relief other than a money judgment, the case is not subject to
arbitration except by stipulation.
(b) Failure to File - Amendments. A party failing to serve and file an
original response within the time prescribed may later do so only upon leave of
court. A party may amend the Statement of Arbitrability or response at any
time before assignment of an Arbitrator or assignment of trial date and
thereafter only upon leave of court for good cause shown.***
If a party noting the matter for trial setting: (a) has a limited ability
to speak or understand the English Language, or (b) knows, or after
reasonable inquiry has reason to believe, that any other party to the action
has limited ability to speak or understand the English Language, the party
noting the matter for trial shall indicate on the Note for Trial Setting and
Initial Statement of Arbitrability that an interpreter is needed. The party
filing such Notice of Trial Setting and Initial Statement of Arbitrability
shall, simultaneously with such filing, provide a copy of the Notice of Trial
Setting and Initial Statement of Arbitrability to the Judicial Assistant.
(c) By Stipulation. A case in which all parties file a stipulation to
arbitrate under MAR 8.1 will be placed on the arbitration calendar regardless
of the nature of the case or amount in controversy.****
* Form LMAR 2.1(a)1
** Form LMAR 2.1(a)2
*** Form LMAR 2.1(b)
**** Form LMAR 2.1(c)
[Amended Effective September 1, 2011]
LMAR 2.3
ASSIGNMENT TO ARBITRATOR
(a) Generally; Stipulations. When a case is set for arbitration, a list
of five proposed arbitrators will be furnished to the 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.
(b) Response by Parties. Each party may, within 14 days after the list of
proposed arbitrators is furnished to the parties, nominate one or two
arbitrators and strike two arbitrators from the list. If both parties respond,
an arbitrator nominated by both parties will be appointed. If no arbitrator
has been nominated by both parties, the Arbitration 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 14 days,
the Arbitration Administrator will appoint an arbitrator nominated by that party.
(d) No Response. If neither party responds within 14 days, the Arbitration
Administrator will randomly appoint one of the five proposed arbitrators.
(e) Additional Arbitrators for Additional Parties. If there are more than
two adverse parties, all represented by different counsel, two additional
proposed arbitrators shall be added to the list for each additional party so
represented with the above principles of selection to be applied. The number
of adverse parties shall be determined by the Arbitration Administrator,
subject to review by the Presiding Judge.
[Amended Effective September 1, 2011]
LMAR 3.1
QUALIFICATIONS
(a) Arbitration Panel. There shall be a panel of arbitrators in such
numbers as the Superior Court Judges 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 Arbitration 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) Refusal; Disqualification. The appointment of an arbitrator is
subject to the right of that person to refuse to serve. An arbitrator must
notify the Arbitration Administrator immediately 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 Cannon 3(c)
governing the disqualification of judges. If disqualified, the Arbitrator
must immediately return all materials in a case to the Arbitration Administrator.
[Amended Effective September 1, 2011]
LMAR 3.2
AUTHORITY OF ARBITRATORS
An arbitrator has the authority to:
(a) Determine the time, place and procedure to present a motion before the arbitrator.
(b) Require a party or attorney advising such party or both to pay the
reasonable expenses, including attorney's fees, caused by the failure of such
party or attorney or both 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
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
procedures described in RCW 2.24.050. If within 10 days after the award is
filed no party appeals, a judgment shall be entered in a manner described
generally under MAR 6.3.
(c) Award attorney's fees as authorized by these rules, by contract or law.
[Amended Effective September 1, 2011]
LMAR 4.2
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 of 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 civil rules except that motions concerning discovery shall
be determined by the Arbitrator.
[Amended Effective September 1, 2011]
LMAR 5.1
NOTICE OF HEARING - TIME AND PLACE - CONTINUANCE
An arbitration hearing may be scheduled at any reasonable time and place
chosen by the Arbitrator.* The Arbitrator may grant a continuance without
court order. The parties may stipulate to a continuance only with the
permission of the Arbitrator. The Arbitrator shall give reasonable notice of
the hearing date and any continuance to the Arbitration Administrator.**
* Form LMAR 5.1(a)
** Form LMAR 5.1(b)
[Amended Effective September 1, 2011]
LMAR 5.2
PREHEARING STATEMENT OF PROOF - DOCUMENTS FILED WITH THE 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. The Arbitrator shall strictly enforce the provisions of MAR
5.2 and is encouraged to withhold permission to present evidence at time of
hearing if the parties have failed to comply with this rule.
[Amended Effective September 1, 2011]
LMAR 5.3
CONDUCT OF HEARING - WITNESSES -RULES OF EVIDENCE
(a) Oath or Affirmation. The Arbitrator shall place a witness under oath
or affirmation before the witness presents testimony.
(b) Recording. The hearing may be recorded electronically or otherwise
by any party at his or her expense.
(c) Certain Documents Presumed Admissible. The documents listed below,
if relevant, are presumed admissible at an arbitration hearing, but only if (1)
the party offering the document serves on all parties a notice, accompanied by
a copy of the document and the name, address, and telephone number of its
author or maker, at least 14 days prior to the hearing in accordance with MAR
5.2; and (2) the party offering the document similarly furnishes all other
parties with copies of all other related documents from the same author or
maker. This rule does not restrict argument or proof relating to the weight of
the evidence after hearing all of the evidence and the arguments of opposing
parties. The documents presumed admissible under this rule are:
1. A bill, report, chart or record of a hospital, doctor, dentist, registered
nurse, licensed practical nurse, physical therapist, psychologist or other
health care provider, on a letterhead or billhead;
2. A bill for drugs, medical appliances or other related expenses on a
letterhead or billhead;
3. A bill for or an estimate of property damage on a letterhead or billhead.
In the case of an estimate, the party intending to offer the estimate shall
forward with the notice to the adverse party, a statement indicating whether or
not the property was repaired, and if it was, whether the estimated repairs
were made in full or in part, attaching a copy to the receipted bill showing
the items of repair and the amount paid.
4. A police, weather, wage loss, or traffic signal report, or standard United
States government life expectancy table to the extent it is admissible under
the Rules of Evidence, but without the need for formal proof of authentication
or identification;
5. A photograph, x-ray, drawing, map, blueprint or similar documentary
evidence, to the extent it is admissible under the Rules of Evidence, but
without the need for formal proof of authentication or identification;
6. The written statement of any other witness, including the written report
of an expert witness, and including a statement of opinion which the witness
would be allowed to express if testifying in person, if it is made by affidavit
or by declaration under penalty of perjury;
7. A document not specifically covered by any of the foregoing provisions but
having equivalent circumstantial guarantees of trustworthiness, the admission
of which would serve the interest of justice.
(e) Opposing Party May Subpoena Author or Maker as Witness. Any other
party may subpoena the author or maker of a document admissible under this rule,
at that party's expense, and examine the author or maker as if under cross-examination.*
* Form 5.3(e)1 or Form 5.3(e)2
[Amended Effective September 1, 2011]
LMAR 6.1
FORM AND CONTENT OF AWARD
(a) Form. The award shall be prepared on the form prescribed by the Court.*
(b) Exhibits. All exhibits offered during the hearing shall accompany
the award and be filed with the Clerk.
* Form LMAR 6.1(a)
[Amended Effective September 1, 2011]
LMAR 6.2
FILING OF AWARD
A request by an Arbitrator for an extension of time for the filing of an
award under MAR 6.2 may be presented to the Presiding Judge, ex parte. The
Arbitrator shall give the parties notice of any extension granted.
[Amended Effective September 1, 2011]
LMAR 6.3
JUDGMENT ON AWARD
(a) Presentation. A judgment on an award shall be presented to the
Presiding Judge, by any party, on notice in accordance with MAR 6.3.
[Amended Effective September 1, 2011]
LMAR 7.1
REQUEST FOR TRIAL DE NOVO - CALENDAR
Trial Date: Jury Demand. Every case transferred to the arbitration
calendar shall maintain its position on the trial calendar as if the case had
not been transferred to arbitration. A case that has been given a trial date
will not lose that date by reason of being transferred to arbitration. The
case shall be stricken from the trial calendar after the twenty (20)-day period
within which a party may request a trial de novo has elapsed. Any jury demand
shall be served and filed by the appealing party along with the request for a
trial de novo, and by a non-appealing party within 14 calendar days after the
request for trial de novo is served on that party. If no jury demand is timely
filed, it is deemed waived.
*Form LMAR 7.1
[Amended Effective September 1, 2011]
LMAR 7.2
PROCEDURE AT TRIAL
The Clerk shall seal arbitration awards at the time they are filed.
[Amended Effective September 1, 2011]
LMAR 8.4
TITLE AND CITATION
These rules are known and cited as the Chelan County Mandatory Arbitration
Rules. LMAR is the official abbreviation.
[Amended Effective September 1, 2011]
LMAR 8.5
COMPENSATION OF ARBITRATOR
(a) Generally. All arbitrators shall serve on a voluntary basis.
[Amended Effective September 1, 2011]
LMAR 8.6
ADMINISTRATION
The Arbitration Administrator, under the supervision of the Superior Court
Judges, shall supervise arbitration under these rules and perform any
additional duties, which may be delegated by the judges.
[Amended Effective September 1, 2011]
EX. A - LR 5 CASE INFORMATION COVER SHEET The contents of this item are only available on-line. EX. B - LR 7 NOTE FOR MOTION The contents of this item are only available on-line. EX. C - LR 16 ORDER FOR PRETRIAL CONFERENCE The contents of this item are only available on-line. EX. D - LR 16 PRETIRAL ORDER The contents of this item are only available on-line. EX A-LR 94.04 FINANCIAL DECLARATION The contents of this item are only available on-line. EX B-LR 94.04 MATRIX The contents of this item are only available on-line. EX C-LR 94.04 JIS SEARCH FOR ALL CASES INVOLVING CHILDREN The contents of this item are only available on-line. DECLARATION DECLARATION OF INDIGENCY The contents of this item are only available on-line. LMAR 2.1(A)1 NOTE FOR TRIAL SETTING AND INITIAL STATEMENT OF ARBITRABILITY The contents of this item are only available on-line. LMAR 2.1(A)2 RESPONSE TO NOTE FOR TRIAL SETTING AND INITIAL STATEMENT OF ARBITRABILITY The contents of this item are only available on-line. LMAR 2.1(B) AMENDED STATEMENT OF ARBITRABILITY The contents of this item are only available on-line. LMAR 2.1(C) STIPULATION TO ARBITRATION The contents of this item are only available on-line. LMAR 2.3(A) NOTICE OF PROPOSED ARBITRATORS The contents of this item are only available on-line. LMAR 2.3(A)2 STIPULATION TO ARBITRATOR The contents of this item are only available on-line. LMAR 5.1(A) NOTICE OF ARBITRATION HEARING DATE The contents of this item are only available on-line. LMAR 5.1(B) ORDER OF CONTINUANCE OF ARBITRATION HEARING DATE The contents of this item are only available on-line. LMAR 5.3(E)1 SUBPEONA The contents of this item are only available on-line. LMAR 5.3(E)2 SUBPOENA DUCES TECUM The contents of this item are only available on-line. LMAR 6.1(A) ARBITRATION AWARD The contents of this item are only available on-line. LMAR 7.1 REQUEST FOR TRIAL DE NOVO AND FOR CLERK TO SEAL THE AWARD The contents of this item are only available on-line.
|
| Courts | Organizations | News | Opinions | Rules | Forms | Directory | Library |
| Back to Top | Privacy and Disclaimer Notices |
