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                          Douglas County Superior Court
               	
                                Table of Rules													


Preface
Order Amending Local Court Rules for Douglas County


Local Rules

LR 5          Service and Filing of Pleadings and Other Papers
LR 7          Pleadings Allowed; Form of Motions
LR 7(E)       [Untitled]
LR 8          Show Cause Orders
LR 10         Form of Pleadings
LR 16         Pretrial Procedure: Pretrial Conferences; Formulating Issues;
              Exhibits; Settlement Conferences.
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 Judgments
LR 58         Entry of Judgments
LR 59         Motion for Reconsideration
LR 65         Injunctions
LR 77         Superior Courts and Judicial Officers
LR 78         Action Documents
LR 80         Court Reporters
LR 94.04      Marriage Dissolution Actions
LR 94.04 - H  Mandatory Parent Education Workshop
LR 96.04      Change of Name of Stepchild
LR 98.04      Estates - Probate
LR 98.09A     Guardianship Funds
LR 98.10      Douglas County Superior Court Guardian Ad Litem Rotational Registry


Criminal Rules

LCrR 1.2       Court Commissioner Authority
LCrR 2.2       Warrant of Arrest and Summons
LCrR 3.1       Right to and Assignment of Counsel
LCrR 3.4       Court Appearance of Criminal Defendants
LCrR 3.4(d)(2) [Untitled]
LCrR 4.1       Proceduries Prior to Trial
LCrR 4.2       Pleas and Continuances
LCrR 4.5       Omnibus Hearings
LCrR 7.2       Presentence Investigation
LCrR 7.3       Payment of Costs


Mandatory Arbitration Rules

LMAR 1.1      Application of Rules - Purpose and Definitions
LMAR 1.3      Relationship to the Superior Court Jurisdiction and Other Rules - Motions
LMAR 2.1      Transfer to Arbitration
LMAR 2.3      Assignment to Arbitrator
LMAR 3.1      Qualifications
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 8.1      Stipulation -- Effect on Relief Granted
LMAR 8.4      Title and Citation
LMAR 8.5      Compensation of Arbitrator
LMAR 8.6      Administration


Exhibits and Forms (in Word 97 or Acrobat Formats)

LR 5          Exhibit A - Case Information Sheet - Acrobat Format
LR 7          Exhibit A - Note for Motion
LR 16         Appendix A - Order for Pretrial Conference
LR 16         Appendix B - Pretrial Order Form
LR 77         Exhibit A - How Holidays will affect the schedules
Warrant       Warrant in Aid of Writ of Habeas Corpus
Order         Order to Issue Writ of Habeas Corpus and Warrant in Aid of Writ
Writ          Writ of Habeas Corpus
Declaration   Declaration of Indigency
LMAR 2.1(a)1  Form -- Note for Trial Setting and Initial Statement of Arbitrability
LMAR 2.1(a)2  Form -- Response to Note for Trial Setting and Initial Statement of Arbitrability
LMAR 2.1(b)   Form -- Amended Statement of Arbitrability
LMAR 2.1(c)   Form -- Stipulation to Arbitration
LMAR 2.3(a)1  Form -- Notice of Proposed Arbitrators
LMAR 2.3(a)2  Form -- Stipulation to Arbitrator
LMAR 5.1(a)   Form -- Notice of Arbitration Hearing Date
LMAR 5.1(b)   Form -- Order of Continuance of Arbitration Hearing Date
LMAR 5.3(e)1  Subpoena
LMAR 5.3(e)2  Subpoena Duces Tecum
LMAR 6.1(a)   Arbitration Award
LMAR 7.1      Form -- 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 Douglas County.  Copies of these rules will
be filed with the Clerk of the Court for Douglas County and
will be distributed to all law offices in Chelan and
Douglas Counties.  Additional copies will be available at
the office of the Clerks for Douglas County.  These rules
will be effective September 1, 1999, and supersede all
prior rules of these courts.

     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"
designating the rule as local to these courts and
supplemental to the corresponding Washington Court Rule.

     3.  Revisions and Additions.  These rules have been
prepared in loose-leaf form to facilitate revision,
additions or deletions in the future by page without the
necessity of republication.

    
      IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
              IN AND FOR THE COUNTY OF DOUGLAS


In Re Special Rules of the         )
                                   )
Superior Court for Douglas County  )    ORDER AMENDING LOCAL
                                   )    COURT RULES FOR
________________________________   )    DOUGLAS COUNTY

     IT IS BY THE COURT ORDERED that LR 7(E) and LR 98.10,
shall be added.

     IT IS FURTHER ORDERED BY THE COURT that LR 77, LR 80,
LMAR 1.1, LMAR 2.1, LMAR 2.1(a)1, LMAR 2.1(a)2, and LMAR
2.1(b) shall be modified, and the Table of Contents be
modified to including these changes, to the Douglas County
Local Rules, as attached, and that the be adopted as
permanent local rules, effective September 1, 2005.


     DATED this _____ day of June 2005.


     JOHN HOTCHKISS
     Judge of the Superior Court

    
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 may 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.

    
LR 7    PLEADINGS ALLOWED; FORM OF MOTIONS

        (b) Motions and Other Papers.

          (1) How Made.

             (A)  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 at least
five (5) court days before the date fixed for such hearing.
A COPY OF THE MOTION AND ALL SUPPORTING DOCUMENTS SHALL BE
DELIVERED TO THE DOUGLAS COUNTY COURTHOUSE OR MAILED TO THE
JUDGE.  THE MAILING ADDRESS FOR THE DOUGLAS COUNTY SUPERIOR
COURT JUDGE IS P. O. BOX 488, WATERVILLE, WASHINGTON 98858.
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 A to this Rule is an example form of a Note for
Motion that may be used for Douglas County cases.  Any
sections of Exhibit A 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.

                       The note or other document shall
provide a certificate of mailing of all documents relating
to the motion.

Responding documents and briefs must be filed with the
Clerk and copies served on all parties and the Judge of
Douglas County, no later than noon (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, upon
objection of counsel, may be rejected by the Court, or the
matter may be continued and the court may impose appropriate
terms or sanctions.

    
                           LR 7(E)

(E)  Filing by facsimile with the Court, and serving parties
by facsimile, shall be pursuant to General Rule 17.

    
L 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

          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 "A" 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 "B" 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 time of trial.  Said notice
shall be given no less than 2 weeks prior to the trial date.

   (f)  Settlement Conference.

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.

        (2)  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.

        (3)  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.

          Each attorney shall be prepared to discuss the
foregoing in detail at the settlement conference.

          (4)  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.
Request for excuse shall be made at least three (3) days
prior to the hearing.

          (5)  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 discretion, order the settlement to be reported or
recorded.

          (6)  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

     (l)  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

     (a) through (e), Washington Court Rules

     (f)  In all actions tried to the court, counsel for
each party shall, two 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

     (a) through (h), Washington Court Rules

Special setting.  Douglas County summary judgments shall be
heard by the Judge of Douglas County.

ALL MOTIONS FOR SUMMARY JUDGMENTS IN DOUGLAS COUNTY MUST BE
SPECIAL SET.  SPECIAL SETTINGS SHALL BE OBTAINED BY CALLING
JUDGES' CHAMBERS IN DOUGLAS COUNTY (745-9063 or 884-9430)
AND REQUESTING TO SET A MATTER ON THE JUDGE'S CALENDAR.

     (j)  Service and Filing.

     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.  THE MAILING ADDRESS FOR THE
JUDGE IS P. O. BOX 488, WATERVILLE, WASHINGTON  98858-0488.
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
in Douglas County, counsel for the moving party shall
contact the Court Administrator three court days preceding
the date set for hearing and advise whether the motion will
be heard.  If notification is not made, the motion may be
stricken for resetting.

    
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

     (e)  Hearing on Motion.

          (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.  In the event that oral argument has been allowed,
counsel for the moving party shall notify the Clerk of the
Court by noon, three days preceding the date set for hearing
and advise whether the motion will be argued.

    
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 for Douglas County

The Judge will hold Probate and Law and Motion Calendars the
second and fourth Tuesday at 1:30 p.m.

Adoption hearings will be held at 1:30 p.m., in chambers, on
the Law & Motion Calendar,

Douglas County's Court schedule is as follows:

Monday: Criminal Calendar at 9:00 a.m. and 2:00 p.m.

Tuesday:
Domestic violence hearings: 1:00 p.m.
2nd and 4th Tuesdays: Civil Calendar at 1:30 p.m.
1st and 3rd Tuesdays: Truancies at 3:00 p.m. at District Court in East Wenatchee
3rd Tuesday Civil Calendar at 1:00 p.m. at District Court in East Wenatchee

Wednesday: Juvenile Calendar at 9:00 a.m. and 1:30 p.m.
3rd Wednesday Dependency Calendar at 1:00 p.m.

Thursday:
2nd and 4th Thursdays: Criminal trials at 9:00 a.m.

To obtain a special setting, contact the Court Administrator at 509-745-9063.

A COURT REPORTER WILL NOT BE PROVIDED FOR ANY MATTER
SCHEDULED ON ANY CALENDAR. ALL MATTERS WILL BE DIGITALLY AUDIO RECORDED.

(a) Domestic Relations Show Cause hearings requiring more
than 30 minutes will be scheduled by special setting.

A COURT REPORTER WILL NOT BE PROVIDED FOR ANY MATTER
SCHEDULED ON ANY CALENDAR. ALL MATTERS WILL BE DIGITALLY AUDIO RECORDED.

(2) Holiday Scheduling - These Court
schedules will be altered when affected by Holidays as set
out in Exhibit A to this rule.

(A) The Judge may by order further
alter these court schedules as needed and as available
courtroom space requires.

(p) Ex parte matters and emergency orders and
writs will be considered at the opening of court each day
prior to the commencement of trial or the regular court
calendar or at such other time as the judges and/or court
commissioners are available. Non-emergency matters shall be
left with the Clerk and the judges/commissioner will
consider the same when 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.

    
LR 78          "ACTION" DOCUMENTS

     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 80
                       COURT REPORTERS


A court reporter will not be provided for any matter heard
in Douglas County Superior Court.  All matters will be
digitally audio recorded.  If any party wishes any matter to
be reported by a court reporter, that party is responsible
to provide a court reporter.

    
LR 94.04  MARRIAGE DISSOLUTION ACTIONS


          A.   NON-CONTESTED DISSOLUTION HEARINGS.

               (1)  Hearing.  Non-contested dissolution
cases may be heard on a calendar set by the Superior Court
Judge and Clerk.  The days and times are set forth in LR
77.  Non contested dissolution cases may also be presented
to the Superior Court Judge in Chambers without the
appearance of either party.  For the Superior Court Judge
to sign a non contested Decree of Dissolution, Legal
Separation or other document, the parties must have
executed all documents and have their signatures
notarized, including any Joinder executed by the adverse
party.  The jurisdictional testimony and other testimony
in support of the dissolution must be done in affidavit
form and verified.

               (2)  Note for Non-contested Calendar.  A
notice of hearing on the non-contested calendar must be
filed with the Clerk at least three court days before the
date of hearing.  The Clerk shall not place any case on
the non-contested calendar unless the file shows one of
the following:

               (a)  The opposing party has joined in the
petition for dissolution of marriage and his or her
signature is notarized on the joinder; or

               (b)  The opposing party 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 (90) days and both parties have submitted
to the jurisdiction of the court.

               (3)  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.

               (4)  Order of Non-contested Calendar.  The
order of the non-contested calendar will be as follows:

               (a)  Matters where attorneys appear;

               (b)  Pro se matters.

               (5)  Entry of Decree.  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.

               (6)  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 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];
               (c)  Case law, if it will be argued,
supporting your position;
               (d)  Proposed distribution of assets, debts
and proposed parenting plan and child support amount, if
in dispute;
               (e)  Areas of agreement.

               If one of the parties is seeking
maintenance or child support, both parties shall complete
the financial declaration contained in Form A.

               If the parties are in dispute as to the
distribution of assets and debts, both parties shall
complete Form LC 94.04 Exhibit B.  The pretrial forms
shall not be filed with the Clerk.

               Unless explained otherwise by the parties,
the values shown on the pretrial form for proposed
distribution of assets shall be present cash value of any
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 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)       Hearing by Documentary Evidence.
All show cause hearings pertaining to request 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.

          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.

In request to have law enforcement assist in procuring a
child or individual that petitioner alleges is being held
in violation of a court order, custody decree or other
lawful proceeding shall be done by writ of habeas corpus.

          G.   APPOINTMENT OF OPTIONAL GUARDIAN AD LITEM.

               (1)  Optional Guardian Ad Litem.  In any
domestic relations matter the court may, upon its own
motion, or motion of either party, appoint a guardian ad
litem to represent the interests of any child, or
children, of the parties.  If any decree illegitimizes a
child or may result in a child becoming illegitimate, the
court may require that a guardian ad litem be appointed
for the child.

               (2)  Appointment.  The guardian ad litem
shall be appointed from the court-approved registry for
Title 26 RCW.  Said person shall have such powers, as
granted by the court, to ascertain what is in the best
interests of the child or children, and to take whatever
steps the court deems appropriate to effectuate a result
consistent with the best interest of the child or
children.

               (3)  Duties of Guardian Ad Litem.  The
court may direct the guardian ad litem to report to the
court, either orally or in writing.  The guardian ad litem
has the right to attend and participate at trial or any
other proceeding, and shall be given all other rights
accorded a party, including notice.  The guardian ad litem
may be called as a witness at trial by either party, or
the court.

          H.  MANDATORY INFORMATION PROGRAM FOR PARENTS

     The Douglas 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
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
processes, 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, 1999 must comply with
Local Rule 94.04H:

          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 (LR 94.04H) 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.

          (5)  Exemption.  The Court may exempt one or both
     parties from
completion of the program if, after reviewing the requesting
party’s motion and supporting affidavit, the Court
determines that participation is unnecessary.

          (6)  Approved Program.  The parent education
     program sponsored
by the Washington State University (WSU) Extension Service
is an approved program.  Other programs may be approved by
application to the Court.

          (7)  Proof of Completion.  Upon completion of the
     program, the
workshop provider shall issue a certificate of completion to
each program participant.  The certificate of completion
shall be filed with the Clerk of the Court.

          (8)  Non-Complying Parties – Attorney’s Fees
     Sanctions.  A party
who has completed the program shall have the right to
request entry of an order from the court compelling the non-
complying party’s completion of the program.  Should the non-
complying party fail to complete the program in a timely
manner without good reason, the court shall enter an award
of reasonable attorney fees incurred for obtaining an order
for compliance in favor of the complying party who uses this
option to force the non-complying party into compliance or
other sanctions as set forth below.

          (9)  Other Sanctions.  If upon order of the court
     a non-complying
party continues to refuse participation, the refusal may be
considered by the Court in making its ruling on issues that
are in dispute and/or may be grounds for contempt.

          (10) Fees.  Each party shall pay the fee charged
     by the approved
provider.  The Court shall reduce the fee to fifteen dollars
($15.00) whenever the filing fee has been waived.  The court
may waive the entire fee upon special application to the
Court.


WRIT OF HABEAS CORPUS – POLICIES AND PROCEDURES

 The following forms are adopted by this Local Rule of the
Douglas County Superior Court:

Order to Issue Writ of Habeas Corpus and Warrant in Aid of
Writ
Writ of Habeas Corpus
Warrant in Aid of Writ of Habeas Corpus

The text of the above forms may not be altered.  Obsolete
or altered forms will not be accepted by law enforcement.

 A Habeas Corpus must be commenced by the filing of a
signed and verified Petition.  The Petition must set forth
the information required by RCW 7.36.030.  A mandatory
Petition form has not been adopted.

The Order to Issue Writ must be signed by a Judge/Court
Commissioner and filed with the clerk of the Superior
Court.  Obtain a certified copy of the Order to Issue Writ
at the time of filing, as the certified copy will be
necessary for the Sheriff’s office.  Filing fees, writ
fees and certified copy fees will be payable to the Clerk
of the Court at that time.

On filing the Order to Issue Writ, the Clerk of the
Douglas County Superior Court will issue the Writ of
Habeas Corpus and the Warrant in Aid of Writ of Habeas
Corpus.  The originals will be given to the petitioner’s
attorney.

The following must be provided to the Sheriff’s office:

A certified copy of the Order to Issue Writ
The original Writ of Habeas Corpus
The original Warrant in Aid of Writ of Habeas Corpus
Information Sheet, which contains information regarding
the parties and child(ren)
A copy of the Petition for Writ of Habeas Corpus
A copy of the most recent Order or Decree which grants
petitioner custody
A recent photograph of the child(ren), if available
A recent photograph of respondent, if available
Payment of the base fee for service of the Writ.  Mileage
and additional services fees will be subsequently billed.

A law enforcement interview of the petitioner or
petitioner’s attorney is strongly encouraged in order to
obtain information helpful towards locating the child(ren)
and assuring officer safety.

The petitioner, petitioner’s attorney, family members and
private investigators may not accompany law enforcement
during attempts to execute the Writ.

When a child is recovered, both petitioner and respondent
will be immediately notified by law enforcement.  The child
is then brought immediately before the Superior Court.  A
child will never be directed returned to the petitioner.  If
the Superior Court is not in session, then the child will be
placed in temporary care through DSHS.  Temporary care is
avoided if at all possible and, unless specifically ordered
by the Court, Writs are not served on weekends, holidays, or
after Court hours.

    
                          RULE 94.04 H
               MANDATORY PARENT EDUCATION WORKSHOP


H.  MANDATORY INFORMATION PROGRAM FOR PARENTS

     The Douglas 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 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 processes, 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, 1999 must comply with Local Rule 94.04H:

      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 (LR 94.04H) 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.

     (5)  Exemption.  The Court may exempt one or both parties
from completion of the program if, after reviewing the requesting
party’s motion and supporting affidavit, the Court determines
that participation is unnecessary.

     (6)  Approved Program.  The parent education program
sponsored by the Washington State University (WSU) Extension
Service is an approved program.  Other programs may be approved
by application to the Court.

     (7)  Proof of Completion.  Upon completion of the program,
the workshop provider shall issue a certificate of completion to
each program participant.  The certificate of completion shall be
filed with the Clerk of the Court.

     (8)  Non-Complying Parties – Attorney’s Fees Sanctions.  A party who
has completed the program shall have the right to request entry of an
order from the court compelling the non-complying party’s
completion of the program.  Should the non-complying party fail
to complete the program in a timely manner without good reason,
the court shall enter an award of reasonable attorney fees
incurred for obtaining an order for compliance in favor of the
complying party who uses this option to force the non-complying
party into compliance or other sanctions as set forth below.

     (9)  Other Sanctions.  If upon order of the court a non-
complying party continues to refuse participation, the refusal
may be considered by the Court in making its ruling on issues
that are in dispute and/or may be grounds for contempt.

     (10) Fees.  Each party shall pay the fee charged by the
approved provider.  The Court shall reduce the fee to fifteen
dollars ($15.00) whenever the filing fee has been waived.  The
court may waive the entire fee upon special application to the
Court.


Adopted Effective September 1, 2002

    
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.

          (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 requested conformed copies.

    
LR 98.09A      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
 DOUGLAS 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
and 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
ofany 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  A party needing an appointment from a GAL registry
shall serve a written request upon the Registry
Administrator, who shall appoint as GAL that person whose
name next appears on the registry on a rotational basis,
subject to that person's acceptance of the appointment.

4.2  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
it's 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 reasonably 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
it's 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 review 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 distinguished
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 and order authorizing
payment at public expense.

H.   Appointment Procedures

8.1  Requesting Attorney - Send a letter to the registry
administrator requesting the appointment of a GAL.  The
letter should state the name of the case the GAL is for, the
case number, and a brief outlining of the case.  The outline
should provide sufficient information for the prospective
GAL to make a determination as to whether or not he or she
will accept the case.

8.2  Registry Administrator - The registry administrator
will select the next available GAL appearing on the registry
and fax or mail a Notice of Appointment to the GAL along
with the letter received from the requesting attorney.

    a.   Check the GAL Rotational Assignments list and
determine who is to receive the next appointment.

    b.   Check the GAL Appointment Summaries to determine
the last appointment number assigned.

    c.   Write in the next Appointment Number to the GAL to
receive the assignment on the Rotational Assignment List.

    d.   Complete a Notice of Appointment form and fax it to the GAL.

    e.   Prepare and Assignment Summary Sheet.

8.3  Guardian Ad Litem - The GAL may contact the requesting
attorney for more information.  The GAL will return the
Notice of Appointment to the Registry Administrator.  If the
GAL rejects the appointment or a conflict exists, the
process goes back to step two.  If the GAL accepts the
appointment, the GAL shall comply with all the provisions of
the appropriate RCW.

8.4  Registry Administrator - Upon return receipt of a
Notice of Appointment, which has been accepted, the Registry
Administrator shall forward a copy of the acceptance to the
requesting attorney.

8.5  Requesting Attorney - Upon receipt of a Notice of
Appointment that has been accepted, the requesting attorney
shall see that an Order of Appointment is filed with the
Court.  A copy of the Order of Appointment shall be provided
to the Registry Administrator.


Adopted Effective September 1, 2002

    
                          LRCrR 1.2
                COURT COMMISSIONER AUTHORITY


   In adult criminal cases, any Court Commissioner
appointed to serve in the Douglas County Superior Court and
qualified under Article 4, Section 23 of the Constitution
of the State of Washington shall have the power, authority
and jurisdiction, concurrent with the Superior Court
Judges, to preside over arraignments, preliminary
appearances, initial extradition hearings, and
noncompliance proceedings pursuant to RCW 9.94A.200; to
accept pleas; to appoint counsel; to make determinations of
probable cause; to set, amend, and review conditions of
pretrial release; to set bail; to set trial and hearing
dates; to authorize continuances and to accept waivers of
the right to speedy trial.


Adopted Effective September 1, 2002

    
LCrR 2.2  WARRANT OF ARREST AND SUMMONS

          c)   Warrants and Fax Machine.  Law enforcement
officials in Douglas County may send by Fax machine a
motion, affidavit and order for a search warrant or an
arrest warrant to the Superior Court in Waterville.  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.

     Warrants sent by Fax machine to the Superior Court
Judge for Douglas County shall be sent to Fax number
(509)745-8027.

    
LCrR 3.1  RIGHT TO AND ASSIGNMENT OF COUNSEL

          Indigent defendants shall have counsel appointed
to represent them in all criminal cases unless the right
to counsel is waived.  Indigency shall mean an inability
to pay an attorney a reasonable fee for the services which
appear to be required by reasons of the crime charged
without substantial hardship to himself or his family.
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, or the defendant may
be required to provide the information orally to the
court.
          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.

          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 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.  To
withdraw, an attorney must serve a motion to withdraw upon
the prosecuting attorney, 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  COURT APPEARANCE OF CRIMINAL DEFENDANTS

     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.

    
                       LRCrR 3.4(d)(2)


     In criminal matters, in addition to those proceedings
allowed by CrR 3.4(d)(1), all trial court proceedings,
including, but not limited to, entry of a statement of
Defendant on plea of guilty and sentencing, may be conducted
by video conference by agreement of all parties in writing
or on the record.


Adopted Effective September 1, 2002

    
LCrR 4.1  PROCEDURES PRIOR TO TRIAL

          Court commissioners shall have authority in all
matters allowed by the Constitution of the State of
Washington, case law, and statutes; including, but not
limited to, the authority noted in RCW 2.24.040 to accept
guilty pleas.

 [Effective June 8, 2000]

    
LCrR 4.2  PLEAS AND CONTINUANCES

     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)  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 date of omnibus
hearing.

    
LCrR 7.2  PRESENTENCE INVESTIGATION

          (a)  When required; Time of Service.  Unless
otherwise directed by the Court, in all cases where a
person is to be sentenced for commission of a felony, the
prosecuting attorney and the defendant's attorney shall,
not less than ten days before the sentencing date, serve a
copy of any presentence report upon the opposing party, a
copy to the sentencing Judge, and send the original to the
Clerk of the Court.  The Community Corrections Office
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.

          (b)  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.

     (c)  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.

    
LCrR 7.3  PAYMENT OF COSTS

          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:

          (a)  Restitution
          (b)  Crime Victims Compensation
          (c)  Court Costs
          (d)  Attorneys Fees
          (e)  Drug Fund
          (f)  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.

    
LMAR 1.3  RELATIONSHIP TO THE SUPERIOR COURT JURISDICTION
          AND OTHER RULES - MOTIONS

     All motions before the Court relating to mandatory
arbitration shall be noted on the civil motions calendar in
accordance with Local Rule 77, except as otherwise provided
in these rules arbitration.

    
                          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 40 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 a trial date and thereafter only upon leave of court for
good cause shown.***

(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.****

(d)  Right to a trial by jury shall be preserved for all
cases subject to mandatory arbitration until ten (10) days
after a notice of appeal of the Arbitrator's decision is
filed with the Douglas County Superior Court Clerk's Office.
On or before the tenth day after the notice of appeal is
filed, the party requesting the jury
shall pay the jury fee.  The right to a jury shall be
demanded at the time that a trial setting is requested, but
the payment of the jury fee shall be as provided herein.

* Form LMAR 2.1(a)1
** Form LMAR 2.1(a)2
*** Form LMAR 2.1(b)
**** Form LMAR 2.1(c)

    
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.

 * Form LMAR 2.3(a)1
** Form LMAR 2.3(a)2

    
LMAR 3.1      QUALIFICATIONS

              (a)  Arbitration Panel.  There shall be a
panel of arbitrators in such numbers as the Superior Court
Judge 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.

    
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.

    
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)

    
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.

    
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 lease 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 interests 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

    
LMAR 6.1      FORM AND CONTENT OF AWARD

Form.  The award shall be prepared on the form attached
hereto.
              (b)  Exhibits.  All exhibits offered during
the hearing shall accompany the award and be filed with the
Clerk.


*Form LMAR 6.1(a)

    
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
Judge, ex parte.  The Arbitrator shall give the parties
notice of any extension granted.

    
LMAR 6.3      JUDGMENT ON AWARD

     (a)  Presentation.  A judgment on an award shall be
presented to the Judge, by any party, on notice in
accordance with MAR 6.3.

    
LMAR 7.1      REQUEST FOR TRIAL DE NOVO - CALENDAR

              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 20-
day period within which a party may request a trial de novo
has elapsed.


*Form LMAR 7.1

    
LMAR 7.2      PROCEDURE AT TRIAL

     The Clerk shall seal arbitration awards at the time
they are filed.

    
LMAR 8.1      STIPULATION - EFFECT ON RELIEF GRANTED

     If a case not otherwise subject to mandatory
arbitration is transferred to arbitration by stipulation,
the Arbitrator may grant any relief which could have been
granted if the case were determined by a judge.

    
LMAR 8.4      TITLE AND CITATION

     These rules are known and cited as the Douglas County
Mandatory Arbitration Rules.  LMAR is the official
abbreviation.

    
LMAR 8.5      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 $600.00 for any case unless
prior approval is granted by a judge.  Hearing time and
reasonable preparation time are compensable.

(b)  Form.  When the award is filed, the Arbitrator
shall submit to the Court a request for payment on a form
prescribed by the Court.  The Judge shall determine the
amount of compensation and costs to be paid.

    
LMAR 8.6      ADMINISTRATION

     The Arbitration Administrator, under the supervision of
the Superior Court Judge, shall supervise arbitration under
these rules and perform any additional duties which may be
delegated by the judge.

LR 5 EXHIBIT A - CASE INFORMATION SHEET - ACROBAT FORMAT