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Local Rules for the Superior Courts
of Ferry, Pend Oreille and
Stevens Counties
Effective Date: September 1, 2004
Table Of Rules
Local Administrative Rules
(Cite As LAR)
LAR 1. Departments Of Court.
LAR 2. Court Schedule—Motions.
LAR 3. Court Organization And Management.
LAR 4. Juvenile Court And Family Law Department.
Local Civil Rules
(Cite As LCR)
1. Commencement Of Action; Service Of Process, Pleadings,
Motions And Orders
LCR 5. Service And Filing Of Pleadings And Other Papers.
LCR 6. Time.
2. Pleadings And Motions
LCR 16. Pretrial Procedures And Formulating Issues.
6. Trials
LCR 40. Assignment Of Cases.
LCR 43. Taking Of Testimony.
LCR 47. Jurors.
LCR 49. Verdicts.
LCR 51. Instructions To Jury And Deliberation.
LCR 52. Decisions, Findings And Conclusions.
7. Judgment
LCR 54. Judgments And Costs.
LCR 56. Summary Judgment.
8. Provisional And Final Remedies
LCR 69. Execution.
10. Superior Courts And Clerks.
LCR 77. Superior Courts And Judicial Officers.
LCR 79. Books And Records Kept By The Clerk.
LCR 80. Reporting Of Court Proceedings.
12. Special Matters
LCR 94.04. Domestic Relations Actions
LCR 95.04. Mandatory Parent Education Workshop
LCR 99. Local Rules Of Superior Court.
Local Criminal Rules
(Cite As LCrR)
LCrR 3.1. Arraignment, Trial And Other Hearings.
LCrR 6.1. Trial By Jury.
Local Juvenile Court Rules
(Cite As LJUCR)
LJUCR 2.5. Amendment Of Shelter Care Order.
LJUCR 3.8. Disposition Hearings.
LJUCR 3.9. Review Hearings.
Local Guardian Ad Litem Grievance Rules
(Cite As LRGAL)
LRGAL 1. Guardian Ad Litem Complaint Review Committee.
LRGAL 2. Submission Of Complaints.
LRGAL 3. Review Of Complaint.
LRGAL 4. Response And Findings.
LRGAL 5. Confidentiality.
LRGAL 6. Complaint Processing Time Standards.
LRGAL 7. Sanctions.
LRGAL 8. Request For Reconsideration By Guardian Ad Litem.
LRGAL 9. Maintaining Records Of Grievances.
LRGAL 10. Unavailability Of Presiding Judge.
Local Rules For Appeal Of Decisions
Of Courts Of Limited Jurisdiction
(Cite As LRALJ)
LRALJ 3.1. Procedure
LAR 1.
DEPARTMENTS OF COURT
The Superior Courts of Stevens, Ferry and Pend Oreille
Counties shall be divided into as many departments as there
are judges authorized by law. The departments shall be
numbered consecutively in the order of the creation, as follows:
DEPARTMENT CREATED
No. 1 June 13, 1860
No. 2 April 13, 1982
[Adopted September 1, 1991; amended effective September 1, 2004.]
LAR 2.
COURT SCHEDULE – MOTIONS
Motions and other pre-trial proceedings will be scheduled
for hearing on a Law and Motion Docket, unless by prior
arrangement through the court administrator.
The calendar shall be prepared and published by the court
administrator and the presiding judge or his/her designee-
judge on a monthly basis for the ensuing six months, and
shall be distributed to the attorneys in each county and
made available to the public from the Clerks’ offices for
each of the three counties. The Law and Motion Days and
times may be changed by the court administrator as needed to
accommodate the judges’ schedules, jury terms in each
county, and caseload demands. Attorneys and parties are
advised to consult the calendar, the County Clerk, or the
court administrator to confirm Law and Motion Docket dates
and times prior to noting a motion.
[Adopted September 1, 1991; amended effective September 1, 2004.]
LAR 3.
COURT MANAGEMENT
(a) General Management. The general management of the
court shall be vested in the presiding judge under policy
established by the judges at regular and special meetings.
(b) Presiding Court Rotation. The presiding judge shall be
selected, serve, and, if necessary, be removed in accordance
with GR 29. In the event of the lack of a majority vote of
the judges, the Supreme Court shall be requested to appoint
a superior court judge from another jurisdiction to
participate in the decision.
(c) Duties of the Presiding Judge. The presiding judge’s
responsibilities, duties and authority shall be as provided
in GR 29 as now or hereafter amended.
(d) Duties of the Court Administrator. The court
administrator shall assist the presiding judge in his or her
administrative responsibilities. Subject to the general
supervision of the presiding judge, the court
administrator’s duties shall include:
(1) Administrative control of all non-judicial activities
of the court;
(2) Case setting and trial calendar management;
(3) Preparation and administration of the budget;
(4) Coordination with state Administrative Office of the Courts;
(5) Assisting the presiding judge in dealing with county
governments, bar associations, news media and other public
and private groups having a reasonable interest in the
administration of the court;
(6) Preparation of such reports and compilation of such
statistics as may be required by the judges or state
Administrative Office of the Courts;
(7) Making recommendations to the judges for the
improvement of the administration of the court.
[Adopted September 1, 1991; amended effective September 1, 2004.]
LAR 4.
JUVENILE COURT AND FAMILY LAW DEPARTMENT
Juvenile Department. There shall be a juvenile
department of the court, in which shall be heard all
matters arising under the juvenile court laws. Both
judges are designated as judges of the juvenile and
family courts. Each court commissioner of each of the
three counties is authorized to hear juvenile cases and
family law cases in his or her respective county in
these departments as assigned by the presiding judge.
See also LJuCRs below.
[Adopted September 1, 1991; amended effective September 1, 2004.]
LCR 5.
SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS
(b)(2) Service by Mail, Facsimile or Email.
(A) By Mail. See CR 5(b)(2)(A) and (B).
(B) By Facsimile. Service by facsimile shall be
allowed only under the following conditions consistent
with GR17:
(i) The party or attorney of record to whom
service is delivered has a publicly available fax
number or has given written consent to receive fax
service to the sending party or attorney;
(ii) The attorney or party sending the
document via fax shall retain the
original signed document until 60 days after
completion of the case. Documents to be transmitted
by fax shall bear the notation: "SENT on (DATE) VIA
FAX FOR FILING IN COURT.
(iii) Documents transmitted by fax shall be
letter size (8-1/2 by 11 inches). Documents over 10
pages in length may not be served by fax without
prior approval of the receiving party.
(iv) Any document transmitted by fax must be
accompanied by a fax transmittal sheet in a form
that includes the case number (if any), case
caption, number of pages, the sender's name, and the
senders voice and facsimile telephone numbers.
Transmittal sheets are not considered legal filings.
(v) A document transmitted directly to the
receiving party shall be deemed received at the time
the receiving party’s fax machine electronically
registers the transmission of the first page,
regardless of when final printing of the document
occurs, except that a document received after the
close of normal business hours shall be considered
received the next judicial day. If a document is not
completely transmitted, it will not be considered
received. A document transmitted to another for
filing with the clerk of the court will be deemed
filed when presented to the clerk in the same manner
as an original document.
(vi) Facsimile transmission is authorized
for judge's working copies (courtesy copies),
provided it does not exceed 25 pages in length, and
provided, further, that the date, time and county of
the hearing for which the transmittal is intended is
clearly set forth on the facsimile cover sheet..
(vii) Facsimile Machine Not Required. Nothing
in this rule shall require a party, an attorney or a
Clerk of a court to have a facsimile machine.
(C) By Email. Parties (or attorneys of record) may
serve opposing parties by email only if they have
written consent from the receiving party. Working
copies may be emailed to the court as follows:
(i) Any document (except original actions and
personal restraint petitions) may be emailed as an
attachment to an email message if:
(a) The body of the email message to which the document is
attached is no more than 100 words and includes: case name,
case number, name, phone number, bar number and email
address of the person sending the document; and does not
include prohibited ex parte communications.
(b) Any appendices attached to a brief, motion or pleading
do not exceed a total of 25 pages.
(c) The attached document complies with the Civil Rules,
except where these protocols provide otherwise.
(d) The attached document is subscribed with the name and
bar number of the sender and the original signed document is
retained in the sender's file.
(e) The Email must be properly addressed to the email
address provided by the court administrator for each of the
counties in the judicial district.
(f) The subject line must include “Working Copy for [Cause No.]
[Case Name] for Hearing on [Date of Hearing] before [Name of Judge].
(g) The date and time the email was sent must be evident on
the received email and show on any printout of that email.
(h) The email must also be sent as a courtesy copy to any
other party that has an email address and has so requested
by filing a Request for Email Copies in substantially the
following form: “[Party Name] requests that all working
copies emailed to the court under LCR5(b)(2) also be emailed
to the above at the following email address: [Email Address].”
(ii) No signature is required on an attached
document, if all protocols are followed.
(iii) The date and time the attachment to email is
deemed received will be no sooner than the date and
time of actual filing of the document’s original
with the Clerk.
(iv) The use of PDF format or Microsoft WORD is
encouraged, but not required. If the conversion
software used by the court is unable to convert a
document, the party submitting the document will be
notified to submit the document in written form.
(i) Documents Not to Be Filed. In addition to the
discovery material specified in CR 5(i), 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; provided, any
items submitted to the judge shall be provided to
opposing parties or counsel at the same time.
[Adopted September 1, 1991; amended effective September 1, 2004.]
LCR 6.
TIME.
(d) Motions and Other Papers.
(1) Scope of Rules. Except when specifically
provided in another rule, this rule governs
all motions in civil cases. See, for
example, LCR 56 and LCR 94.04.
(2) Dates of Filing, Hearing and Consideration.
(A) Filing and Scheduling of Motion. The moving party
shall serve and file all motion papers no later than six (6)
court days before the date the party wishes the motion to be
considered. A motion must be scheduled by a party for
hearing on an appropriate motion docket for the type of
matter to be heard.
(B) Working Copies. Working copies of the
motion and all papers in support or
opposition, if provided, shall be
delivered to the judge who is to hear
the motion no later than the day they
are to be served on all other parties,
at 215 South Oak Street, #209, Colville,
WA 99114, regardless of which county in
which the motion is filed. The working
copies of all papers shall be marked on
the upper right corner of the first page
with the date, time and county of
hearing and the name of the judge.
(C) Opposing Papers. Any party opposing a motion shall
file the original responsive papers in opposition to a
motion, serve copies on parties and deliver any working
copies to the judge as in (B) above no later than 12:00 noon
two court days before the date the motion is to be heard.
(D) Reply. Any papers in strict reply shall be filed,
copies served on parties, and any working copies delivered
to the hearing judge as in (B) above no later than 12:00
noon on the court day before the date of the hearing.
(E) Sanctions. Any material offered at a time later than
required by this rule, and any reply material which is not
in strict reply, will not be considered by the Court over
objection of counsel except upon the imposition of
appropriate sanctions, unless the Court orders otherwise.
[Adopted effective September 1, 2004.]
LCR 16.
PRETRIAL PROCEDURES AND FORMULATING ISSUES
(a) Hearing Matters Considered. Upon the motion of a party
or the court’s own initiative, the presiding judge or, in
the case of a preassigned case, the judge so designated will
decide whether any civil case would benefit from a pretrial
scheduling conference.
(b) Pretrial Order. The conference procedures and form of
the pretrial order shall be determined by the judge to whom
the matter is assigned.
(c) Settlement Conference. Upon the motion of a party or
the court’s own initiative, the presiding judge or
designated judge may order private mediation or a mandatory
settlement conference with respect to any civil case.
Any settlement conference ordered will be held
before a designated settlement judge at least thirty
(30) days before the scheduled trial date. At least
five (5) court days before the settlement conference
each party shall supply a confidential position
statement to the settlement judge. The statement
shall include:
(1) A general factual summary of the case;
(2) Disputed and admitted facts;
(3) A statement of legal issues, together with authorities;
and
(4) A general position statement.
(5) In domestic relations cases, the party’s position, in
precise terms, concerning issues of:
(a) property,
(b) debts,
(c) maintenance,
(d) child support,
(e) parenting plan, and
(f) any other matters requiring resolution.
The attorneys who will be in charge of each party’s
case shall attend the settlement conference personally
and shall come prepared to discuss in detail and in
good faith the issues of fact and law remaining, the
evidence pertaining to liability and damages, or, in a
domestic relations case, the various categories of
issues subject to the court’s jurisdiction, and the
respective positions of the various parties on
settlement. The attorneys shall be accompanied by
their clients or representatives possessing authority
to settle unless such clients or representatives are
available by telephone or are otherwise excused by the
judge, or unless the attorney himself or herself has
full authority with respect to settlement.
The proceedings of the settlement conference shall be
privileged and not recorded. If a settlement is not
reached the settlement judge shall not make any order
or preside at the trial on the merits without consent
of all parties.
(d) Pre-assignment to a Particular Judge. Upon written
application of any party with notice to the other
parties, or on the court’s own motion, the presiding
judge may preassign cases involving complex issues
and/or extensive pretrial procedures to a particular
judge for pretrial procedures and trial. The burden of
establishing the need for pre-assignment shall be on
the party or parties requesting the same. Pretrial
conferences and hearings and trial scheduling shall be
arranged directly with the preassigned judge and the
court administrator.
(e) Methods.
Summary Judgment. See LCR 56.
Filing of Motions, Memoranda and Affidavits—General.
See LCR 6(d) for times for filing motions,
responses and replies. The moving party shall
file with the Note for Hearing – Issue of Law
form the following: The motion being noted, all
supporting affidavits and documentary evidence,
and a brief or memorandum of authorities, unless
the legal position is fully and adequately stated
in the motion or issue of law form.
Copies of Briefs or Memoranda. A copy of the brief
or memorandum and supporting affidavits shall be
furnished to the assigned judge at the time of
filing. The judge’s working copies, with a
notation thereon as to the date and time of
hearing on the motion, shall be delivered or
mailed to the judge at 215 South Oak Street,
#209, Colville, WA 99114, regardless of in which
county the motion is being filed. Working copies
of responsive materials should likewise note the
date of hearing and be delivered or mailed to
judge hearing the matter at the above address.
Failure to comply with these requirements may
result in a continuance and/or imposition of terms.
(4) Affidavits or Declarations. All affidavits or
declarations shall be sworn or affirmed under
penalty of perjury, made on personal knowledge,
set forth such facts as would be admissible in
evidence, and show affirmatively that the affiant
or declarant is competent to testify to the
matters stated therein.
(5) Motion Calendar Hearing Procedures. The Law
and Motion calendar will commence at times
designated in the respective county’s court
calendar as distributed by the court administrator
and County Clerk’s offices. Matters shall be
noted for the particular time designated in the
court calendar. Agreed orders and defaults will
be heard at the beginning of the docket. Motions
other than summary judgment shall be limited to
ten (10) minutes each side. Motions which will
exceed the time limit of this rule, if allowed by
the motion judge, will ordinarily be placed at the
end of the motion docket.
(f) Change of Judge. In the event that a motion is
scheduled for hearing before a judge on a specified day
and an affidavit of prejudice is filed against that
judge, the scheduled motion will be transferred for
hearing by the court administrator to another judge or
court commissioner; provided, however, motions for
summary judgment and any other motion which would be
dispositive of a claim of any party shall be heard only
by a judge, except as otherwise authorized under Rule
0.6.
[Adopted September 1, 1991; amended effective September 1, 2004.]
LCR 40.
ASSIGNMENT OF CASES
Notice of Trial and Certificate of Readiness. Any
party desiring to bring an issue of fact to trial shall
serve and file a properly completed Notice for Trial
Setting and/or Settlement Conference and Certificate of
Readiness on a form available from the court
administrator. The party filing the Notice and
Certificate shall, after conferring with opposing
counsel, specify (a) whether a settlement conference is
requested and (b) whether a short notice setting will
be acceptable. An attorney noting a case for trial and
any party or counsel of record who does not file a
timely objection to trial setting thereby certifies
that the case is at issue, that there has been
reasonable opportunity for discovery, that discovery
will be complete by the trial date, that necessary
witnesses will be available, and that the time
estimated for trial is accurate. Any party contending
the case is not ready for trial or that the estimated
length of trial is not correct shall serve and file a
counter notice of trial or objection to trial setting
and notice of argument thereon within five (5) days of
the date of service of the notice for trial setting
which objection shall be noted for hearing on the next
Law and Motion day.
[Adopted September 1, 1991; amended effective September 1, 2004.]
LCR 43.
TAKING OF TESTIMONY
(a) Testimony.
(3) Excusing Witnesses. A witness under subpoena
is excused from further attendance as soon as
testimony has been given, unless either party
makes request in open court that the witness
remain in attendance or be subject to recall.
Witness fees will not be allowed on subsequent
days unless the court has required the witness to
remain in attendance, which fact shall be noted by
the clerk in the court.
(4) Telephonic Testimony. Witnesses may not
testify telephonically except upon prior court approval.
(e) Evidence on Motions.
(1) Generally. Motions for temporary support,
attorney’s fees and costs, restraining orders,
injunctions, to dissolve injunctions and to quash
or dissolve attachments shall be heard only on the
pleadings, affidavits or declarations, published
depositions and other papers filed unless the
court otherwise directs.
[Adopted September 1, 1991; amended effective September 1, 2004.]
LCR 47.
JURORS
(e) Challenge.
(9) Peremptory Challenges. The exercise or
waiver of peremptory challenges shall be noted
silently.
(k) Statement of Case. Each party in a civil case
shall submit a brief statement of the case
suitable to be read to the jury before the voir
dire examination.
[Adopted September 1, 1991; amended effective September 1, 2004.]
LCR 49.
VERDICTS
(k) 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.
[Adopted effective September 1, 1991.]
LCR 51.
INSTRUCTIONS TO JURY AND DELIBERATION
(a) Submission. Each party shall file with the Clerk the
original proposed instructions, numbered and with citations,
and shall provide the judge with one copy numbered and with
citations and one copy unnumbered and without citations.
One copy, numbered and with citations, shall be served on
each other party.
[Adopted September 1, 1991; amended effective September 1, 2004.]
LCR 52.
DECISIONS, FINDINGS AND CONCLUSIONS
(a) Requirements.
(6) Time. Unless the judge has included formal
findings of fact and conclusions of law in a
written opinion or memorandum of decision pursuant
to CR 52(a)(4) or they are otherwise unnecessary
by reason of CR 52(a)(5), the attorney of record
for the prevailing party shall prepare proposed
findings of fact and conclusions of law, along
with the proposed form of decree, order or
judgment as required by CR 54(e). At the time of
the decision the court shall enter an order fixing
a date by which the proposed findings, conclusions
and decree, order or judgment shall be prepared
and served and establishing a date of presentation.
[Adopted September 1, 1991; amended effective September 1, 2004.]
LCR 54.
JUDGMENTS AND COSTS
(f) Presentation.
(3) Method – Ex Parte Judgments and Orders. Counsel
presenting a judgment or seeking entry of an order
shall be responsible to see that all papers pertaining
thereto are filed and that the court file is provided
to the judge by the Clerk. Counsel may present routine
ex parte or stipulated matters based on the record in
the file by mail addressed to the Clerk. Self-
addressed, stamped envelopes shall be provided for
return of any conformed materials and/or rejected
orders, and the appropriate ex parte fee shall be
submitted prior to presentation.
[Adopted September 1, 1991; amended effective September 1, 2004.]
LCR 56.
SUMMARY JUDGMENT
(c ) Motion and Proceedings. In the event a motion
for summary judgment, partial summary judgment or dismissal
is to be argued, counsel for the moving party is required to
confirm the motion with the court administrator by telephone
by 4:30 p.m. at least four (4) court days before the
hearing. Working copies of the motions, all accompanying
documents, and all responsive and reply papers, shall be
provided by the respective parties to the judge at the time
of filing at 215 South Oak, #209, Colville, WA 99114,
regardless of the county in which the motion is filed.
[Adopted September 1, 1991; amended effective September 1, 2004.]
LCR 69.
EXECUTION
(a) Procedure – Delinquent Support. No writ of execution
or attachment shall be issued for the collection of
delinquent child support or spousal maintenance until a
judgment determining the amount due has been entered.
(b) Supplemental Proceedings. In all supplemental
proceedings wherein a show cause order is issued requiring
the personal attendance of the party to be examined in open
court and in orders to show cause in re contempt, the order
to show cause must include the following words in capital
letters:
YOUR FAILURE TO APPEAR AS SET FORTH AT THE
TIME, DATE AND PLACE SET FORTH IN THIS ORDER
MAY CAUSE THE COURT TO ISSUE A BENCH WARRANT
FOR YOUR APPEHENSION AND CONFINEMENT IN JAIL
UNTIL SUCH TIME AS THE MATTER CAN BE HEARD,
UNLESS BAIL IS FURNISHED AS PROVIDED IN SUCH WARRANT.
The failure to include such wording will be
grounds for the court to refuse to issue a bench
warrant for the apprehension of such person.
[Adopted effective September 1, 1991.]
LCR 77.
SUPERIOR COURTS AND JUDICIAL OFFICERS
(o) Conference Calls. Motions or other matters may not,
without the advance approval of the court, be heard by
conference call. The specific time shall be arranged with
the court administrator. Conference calls are discouraged
for Law and Motion Docket days. Conference calls will be
recorded only at the request of either party made to the
court administrator at the time of scheduling the call.
(p) Trial Status. Not less than ten (10) days prior to
any scheduled trial, each counsel or self-represented party
shall contact the court administrator to advise the status
of the case and of settlement negotiations, if any, and
whether it is anticipated trial will take place as
scheduled.
[Adopted September 1, 1991; amended effective September 1, 2004.]
LCR 79.
BOOKS AND RECORDS KEPT BY THE CLERK
(g) Other Books and Records of Clerk.
(1) Exhibits. Exhibits shall be kept separately
from the court file. Any inspection of an exhibit
must be in the presence of the clerk or a deputy
clerk unless authorized by a court order.
(2) Rejection of Unsuitable Materials. The Clerk
shall not accept for filing in the court file
material which should be filed as an exhibit or
other materials not to be included by reason of CR
5(i) and LCR 5(i). When the Clerk is uncertain as
to whether material is suitable for filing, he or
she shall seek the advice of the presiding judge
before filing the same.
(3) Return of Contraband Exhibits. When contraband,
alcoholic beverages, tobacco products, controlled
substances or fish or wildlife parts are being
held by the Clerk as part of the records and files
in any criminal case, and all proceedings in the
case have been completed, the court may order the
Clerk to deliver such contraband or substances to
an authorized representative of the law
enforcement agency initiating the prosecution for
disposition according to law. The Clerk shall
then deliver the contraband and take from the law
enforcement agency a receipt which shall be filed
in the case. The Clerk shall also file any
certificate issued by an authorized federal or
state agency and received by the Clerk showing the
nature of such contraband or substances.
(4) Return of Administrative Record on Appeal. When
a case for review of an administrative record is
finally completed, the Clerk shall treat the
administrative record as an exhibit. The Clerk
shall return the administrative record to the
officer or agency certifying the same to the Court.
(h) At the discretion of the Clerk, a file may be
removed from the courthouse by a resident attorney,
a representative of a title company with proper
authorization, or a judicial officer. Authorization
for an attorney to remove a file from the courthouse
may be given in writing by the Clerk or Clerk’s
deputy and shall not exceed two (2) court days.
Files may be withdrawn to be taken to a courtroom by
the following persons: judicial officers, deputy
clerks, bailiffs, the court administrator or his/her
staff, and resident attorneys.
In instances of mail or telephonic requests by non-
resident attorneys, the file will be mailed by
certified mail to the Clerk of the county where such
applicant attorney is a resident. All costs of
mailing shall be borne by the applicant attorney.
All files so withdrawn must be returned to the
Clerk’s office within the period specified by the
Clerk, but in no event will this period exceed two
(2) court days. The court may, upon written
application showing cause therefor, authorize the
withdrawal of specified Clerk’s files for a period
in excess of tow (2) court days.
Any person found in violation of the provisions of
this rule shall be subject to sanctions as ordered
by the court.
[Adopted September 1, 1991; amended effective September 1, 2004.]
LCR 80.
REPORTING OF COURT PROCEEDINGS
(c ) General Reporting Requirements.
(1) Electronic Recording. All proceedings required to be
on the record shall be recorded by electronic recording
pursuant to CR 80. The original tapes or compact disks
shall be kept by the clerk of the court.
(2) Oral Decision. Oral decisions or rulings by a judge
which are transcribed shall first be submitted to the judge
for review prior to delivery and a final copy shall be
furnished to the judge for his/her file.
(3) Transcripts. With the exception of transcripts
provided under RALJ 6.3A, the official transcript
or verbatim report of proceedings of any matters
shall be prepared by or under the direction of the
court administrator. Anyone wishing to order an
official transcript or verbatim report of
proceedings shall make such request to the court
administrator and shall at the same time make
arrangements for payment thereof. With the
exception of RALJ appeal matters, transcripts or
verbatim reports of proceedings not obtained
through the court administrator are subject to
being stricken from the record upon the request of
any party or on the court’s own motion.
[Adopted September 1, 1991; amended effective September 1, 2004.]
LCR 94.04
DOMESTIC RELATIONS ACTIONS.
(a) Preliminary and Temporary Orders.
(1) Affidavit or Declaration of Financial Affairs. A party
applying for temporary support, maintenance, debt or income-
producing property allocation, attorney’s fees or other
financial relief pending trial must serve and file with his
or her motion an affidavit or declaration under penalty of
perjury respecting financial affairs. The responding party,
if contesting the motion, shall likewise submit such an
affidavit or declaration which shall be served and filed.
The notice of hearing or show cause order shall notify the
responding party of this requirement.
(b) Ex Parte Hearing. Non-contested actions for
marriage dissolution, separation or invalidity
decrees, and paternity decrees, which have been
approved for entry by all parties or their counsel
may be presented for final hearing before the judge
assigned to hear ex parte matters on any regular
court day. Except as required by the judge or
judicial officer reviewing the proposed decree, oral
testimony will not be required at such hearings.
The attorney or party shall request that the clerk
present the original court file to the ex parte
judge at the time of presentment, together with the
proposed findings of fact, conclusions of law and
decree. Presentation of such agreed decrees may be
by mail to the Clerk of the Court. The appropriate
ex parte fee and return, postage paid and pre-
addressed envelopes for any conformed copies shall
be submitted prior to presentation. The person
submitting the ex parte request shall assure proof
of compliance with LCR 95.04, if applicable.
[Adopted September 1, 1991; amended effective September 1, 2004.]
LCR 95.04
MANDATORY PARENT EDUCATION WORKSHOP
The Ferry, Stevens and Pend Oreille Counties Superior Courts
find 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 October 1, 1999, must comply with Local Rule 95.04:
1. Dissolution of marriage with child(ren) under 18 years old;
2. Legal separation or declaration of invalidity of
marriage 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 95.04) 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’s fees and costs 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. Other sanctions as set forth in
Section (9) below may also be ordered.
(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
rulings on issues which are in dispute and may be
grounds for contempt, striking of pleadings, and/or default.
(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 superior court
filing fee has been waived. The court may further
reduce or waive all of the fee upon special application
to the court.
[Adopted effective September 1, 1999.]
LCR 99.
LOCAL RULES OF SUPERIOR COURT
Local Rules Committee. There shall be a standing rules
committee composed of the presiding judge, at least one
member of the bar from each county to be appointed by
the Bar Association of each county, and one of the
three County Clerks to be appointed by them. The rules
committee will meet as determined by the presiding
judge, but not less frequently than once every six months.
[Adopted September 1, 1991; amended effective September 1, 2004.]
LCrR 3.1.
ARRAIGNMENT, TRIAL AND OTHER HEARINGS.
(a) Arraignment Order. Criminal trials shall be set at the
time of arraignment. At the same time, the court shall
schedule an omnibus hearing and a trial status conference.
The order on arraignment shall specify whether defendant
shall be required to appear at omnibus hearing.
(b) Omnibus Hearing. Unless an agreed omnibus order has
been submitted by both sides prior to or at the time of the
omnibus hearing, defendant’s attorney of record shall appear
personally at the omnibus hearing. If the order on
arraignment has required defendant’s personal attendance at
omnibus, defendant shall personally appear, or a bench
warrant may issue.
(c) Status Hearing. Both defendant and defendant’s
attorney of record shall appear personally at the status
hearing. Failure to appear at status hearing is grounds for
sanctions and/or issuance of a bench warrant for defendant’s arrest.
[Adopted effective September 1, 2004.]
LCrR 6.1.
TRIAL BY JURY.
Notice to Court of Calendar and Jury Trial Changes;
Sanctions for Late Notice. Whenever a case has been
set for trial and thereafter is settled or will not be
tried for any reason, or if a jury is thereafter
waived, notice shall be given by the defendant’s
attorney of record to the court administrator, no later
than two working days prior to the scheduled trial
date. Failure to give notice as required in this rule
may be grounds for assessment of actual costs. Actual
costs shall include jury venire mileage and fees,
bailiff wages, clerk overtime costs incurred in
contacting jury venire persons, and witness fees paid
by the court.
[Adopted effective September 1, 2004.]
LJuCR 2.5.
AMENDMENT OF SHELTER CARE ORDER.
Hearings to review an existing shelter care order shall be set for
hearing no later than thirty (30) days after the prior shelter care
hearing. When the Department of Social and Health Services is the
petitioner, the Department shall submit for entry a continuing shelter
care order, maintaining the existing orders, no more than three (3)
judicial days prior to the date of the shelter care review hearing
unless: (1) a party files and serves an objection to continued shelter
care on or before three (3) judicial days prior to the hearing date
for the shelter care review hearing; (2) any party formally notes a
shelter care hearing; or (3) the entry of a court order (such as
an order of dependency) has made continued shelter care unnecessary.
[Adopted effective September 1, 2004.]
LJuCR 3.8.
DISPOSITION HEARINGS.
(c) Evidence. At disposition, review and permanency
planning hearings, the court shall consider the
social file, social study (Individual Service and
Safety Plan), and other appropriate predisposition
studies, including diagnostic, treatment and
progress reports and recommendations from service
providers who have provided services to parties
under prior court order. Any predisposition study
shall be made available to the other parties a
reasonable time prior to the hearing.
[Adopted effective September 1, 2004.]
LJuCR 3.9.
REVIEW HEARINGS.
(a) Testimony. All contested review hearings,
including permanency planning reviews, shall be
held without oral testimony, unless a motion is
properly and timely made by a party with due notice
to all other parties, and the motion is granted by
the court to allow oral testimony. The parties may
present further evidence in written affidavit or
declaration form, and the social file and other
appropriate diagnostic, treatment and progress
reports and recommendations from service providers
shall also be considered at the request of any
party. Any written materials shall be made
available to the other parties at a reasonable time
prior to the hearing.
(b) Parties to Be Heard. Unless the court orders
further testimony pursuant to subsection (a) above,
the only persons who may be heard at review
hearings shall be the current caseworker, the
parent(s) or guardian/custodian of the child, the
guardian ad litem, and any foster or relative
caregiver entitled to an opportunity to be heard
under state or federal law.
[Adopted effective September 1, 2004.]
LRGAL 1.
GUARDIAN AD LITEM COMPLAINT REVIEW COMMITTEE.
There shall be a complaint review committee (hereinafter referred
to as the “committee”), consisting of a judge, as designated by the
presiding judge, the court administrator or Clerk, and a
representative of the county bar association designated by its
president, to administer complaints about guardians ad litem involved
in Titles 11, 13 and 26 RCW.
[Adopted effective September 1, 2004.]
LRGAL 2.
SUBMISSION OF COMPLAINTS.
AAll complaints shall be in writing, signed by at least one
individual with his/her address and phone number, and submitted
to the court administrator.
[Adopted effective September 1, 2004.]
LRGAL 3.
REVIEW OF COMPLAINT.
Upon receipt of a written complaint, the court administrator
shall convene the complaint review committee within ten (10)
business days to review the complaint. Upon review of the
complaint, the committee shall either:
(a) Make a finding that the complaint concerns a case
then pending in the court and decline to review
the complaint and so inform the complainant. In
such instances, the committee shall advise the
complainant that the complaint may only be
addressed in the context of the case at bar,
either by motion seeking the removal of the
guardian ad litem or by contesting the information
or recommendation contained in the guardian ad
litem’s report or testimony. In such cases, the
committee and its members shall perform their
roles in such a manner as to assure that the trial
judge or court commissioner remains uninformed as
to the complaint; or
(b) Make a finding that the complaint has no merit on
its face, and decline to review it and so inform
the complaining party; or
(c) Make a finding that the complaint appears to have
merit and request a written response from the
guardian ad litem within ten (10) business days
detailing the specific issues in the complaint to
which the committee desires a response. The
committee shall provide the guardian ad litem with
a copy of the original complaint. A guardian ad
litem’s failure to respond within the required ten
(10) business days shall result in the immediate
suspension of the guardian ad litem from all
registries. In considering whether the complaint
has merit, the committee shall consider whether
the complaint alleges the guardian ad litem has:
(1) Violated the Rules of Professional Conduct;
(2) Misrepresented his or her qualifications to
serve as a guardian ad litem;
(3) Not met the annual training requirements set
forth in the registry requirements;
(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 judge/commissioner ex
parte, except as allowed by law (such as in
obtaining an emergency restraining order);
(8) Purported to represent the court in a public
forum without prior approval of the presiding judge;
(9) Violated state or local laws, or court rules
in the person’s capacity as guardian ad litem;
(10) Taken or failed to take any other action
which would reasonably call the suitability
of the person to serve as guardian ad litem
into question;
(11) Failed to keep information confidential from
non-parties or disclosed protected
information to a party;
(12) Intentionally lied or presented information
in a false light to the court, another party
or a third party; or
(13) Talked about a case for which the guardian ad
litem was appointed to the media or public
without the permission of all parties and/or
the court.
[Adopted effective September 1, 2004.]
LRGAL 4.
RESPONSE AND FINDINGS.
Upon receipt of a written response to a complaint from the guardian
ad litem, the complaint review committee shall, within ten (10)
business days, make a finding as to each of the issues delineated in
the committee’s written request to the guardian ad litem that based
on the response, there is either no merit to the issue, or there is
merit to the issue. In any case where the committee finds that there
is merit to an issue, the committee may conduct further investigation,
including the examination of witnesses, documents, and such other
evidence as the committee may, in the exercise of its discretion,
choose to examine. The committee may extend the time for entering
findings of fact during such examination, provided, however, that no
such extension shall exceed thirty (30) days beyond the date the
committee determined that there is merit to any issue.
[Adopted effective September 1, 2004.]
LRGAL 5.
CONFIDENTIALITY.
(a) A complaint shall be deemed confidential for all purposes unless
the committee has determined that it has merit under LRGAL 1.3(c).
(b) Any record of complaints filed which are found by the committee not
to have merit shall be and remain confidential and shall not be
disclosed except by court order.
[Adopted effective September 1, 2004.]
LRGAL 6.
COMPLAINT PROCESSING TIME STANDARDS.
(a) Complaints shall be resolved within twenty-five (25) days
of the date of receipt of the written complaint if a case is pending.
(b) Complaints shall be resolved within sixty (60) days of the date or
receipt of the written complaint if the complaint is filed subsequent
to the conclusion of the case.
(c) The complainant and the guardian ad litem shall be notified in writing
of the committee’s decision within ten (10) business days of the entry
of the committee’s findings and decision.
(d) Complaints filed under this rule must be filed within three (3) years
from the date of the occurrence of the matters complained of. The
committee shall find complaints filed after this time not to have cause
to proceed. This limitation applies to all complaints, whether filed
during the pendency or after the conclusion of a case.
[Adopted effective September 1, 2004.]
LRGAL 7.
SANCTIONS.
The committee shall have the authority to issue a written
admonishment, issue a written reprimand, refer the guardian
ad litem to additional testing, recommend to the presiding judge
either that the court, on its own motion, remove the guardian
ad litem from the instant case, or that the presiding judge suspend
or remove the guardian ad litem from the registry. In considering
a sanction, the committee shall take into consideration any prior
complaints which resulted in an admonishment, reprimand, referral to
training, removal of the guardian ad litem from a particular case,
or suspension or removal from a registry. If a guardian ad litem is
listed on more than one registry, at the discretion of the committee,
the suspension or removal may apply to each registry on which the
guardian ad litem is listed. When a guardian ad litem is removed
from a registry pursuant to the disposition of a grievance, the court
shall send notice of such removal to the state Administrative Office
of the Courts (AOC).
[Adopted effective September 1, 2004.]
LRGAL 8.
REQUEST FOR RECONSIDERATION BY GUARDIAN AD LITEM.
A guardian ad litem may, within five (5) business days of receipt
of notification that he or she has been suspended or removed from a
registry, request a hearing for reconsideration of the committee’s
decision. The presiding judge shall designate a hearing officer to
preside over and conduct such review. The sole purpose of the review
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 argument from the guardian ad litem
and a representative of the committee. Said hearing shall be
conducted within twenty (20) days of receipt of a request for the hearing.
[Adopted effective September 1, 2004.]
LRGAL 9.
MAINTAINING RECORDS OF GRIEVANCES.
The superior court administrator shall maintain a record of
grievances filed and of any sanctions issued pursuant to the
grievance procedure.
[Adopted effective September 1, 2004.]
LRGAL 10.
UNAVAILABILITY OF PRESIDING JUDGE.
In the event the presiding judge is not able to sit on the committee,
issue an order or make an assignment as required by these rules, on
account of being the judge who is assigned to a particular case, or
is recused or may otherwise be disqualified, the other sitting judge
shall act in the place and stead of the presiding judge. In the event
both judges are unable to so act, the court administrator shall arrange
for a court commissioner or visiting judge, so to act.
[Adopted effective September 1, 2004.]
LRALJ 3.1.
PROCEDURE
(a) Scheduling. When a notice of appeal has been filed,
the Clerk shall provide the presiding judge with a suggested
schedule of dates for filing the transcript, for submission
of briefs as provided by RALJ 6.3A and 7.2, and for oral
argument. The presiding judge shall then enter an order
which requires the parties to comply with a schedule for
such filings and to appear for a hearing for oral argument.
The Clerk shall give notice of the appeal scheduling order
to all parties, which notice shall include a notice sent
directly to any criminal defendant, even if represented by
counsel. The scheduling order shall bear the following
legend above the judge’s signature:
ATTENTION APPELLANT: You are ultimately
responsible for ensuring that your appeal is
prosecuted in a timely manner, even if you have an
attorney assisting you in preparing your appeal.
You must maintain contact with your attorney and
the court to ensure that this scheduling order is
being followed. If you or your attorney fail to
meet the deadlines set out in this scheduling
order, or fail to timely seek an extension of time
pursuant to RALJ 10.3, sanctions may be assessed
against you, or your appeal may be involuntarily
dismissed pursuant to RALJ 10.2(a).
(b) Transcripts. In the event the transcript or briefs are
not timely filed, a party or the Clerk may note the matter
on the motion docket either for dismissal for want of
prosecution or for order of reversal.
(c) Argument. Arguments on appeal will be limited to 20
minutes per side, except on prior order of the court.
[Adopted September 1, 1991; amended effective September 1, 2004.]
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