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The Local Rules of the Superior Court
of Washington in and for the
County of Grant
Table of Rules
Section 1. Administrative Rules
LAR 1. Title and Scope
LAR 2. Judicial Officers
LAR 3. Staff Positions
LAR 4. Motion Calendars
Section 2. Civil Rules
LCR 7. Motions
LCR 16. Pretrial Conference and Trial Conference
LCR 16A. Parenting Seminars
LCR 16B. Assets and Debts in Marriage Dissolution and Similar Cases
LCR 16C. Settlement Conference
LCR 26F. Scheduling Order
LCR 40. Trial
LCR 47. Jury Selection
LCR 51. Jury Instructions
LCR 59. Reconsideration and Re-Application
LCR 70. Civil Contempt Proceedings
LCR 79. Limited Access to Paternity Files
Section 3. Criminal Rules
LCrR 1.1 Applicability of Civil Rules
LCrR 3.3 Trial Scheduling
LCrR 3.5 Confession Hearing
LCrR 3.6 Suppression Hearing
LCrR 4.1 Scheduling Order
LCrR 4.5 Omnibus and Readiness Hearings
LCrR 6.1 Trial Conference
Local Rules for Mandatory Arbitration
I. Scope and Purpose of Rules
LRMA 1.1. Purpose of Rules - Other Rules - Definitions
LRMA 1.2 Amount in Controversy
LRMA 1.3. Motions
II. Transfer to Arbitration and Assignment of Arbitrator
LRMA 2.1. Transfer to Arbitration
LRMA 2.3. Assignment to Arbitrator
III. Arbitrators
LRMA 3.1. Qualifications
IV. Procedures after Assignment
LRMA 4.2. Discovery
V. Hearing
LRMA 5.1. Notice of Hearing - Time and Place - Continuance
LRMA 5.2. Prehearing Statement of Proof - Documents Filed with the Court
LRMA 5.3. Conduct of Hearing - Witnesses - Rules of Evidence
VI. Award
LRMA 6.1. Form and Content of Award
LRMA 6.2. Filing of Award - Extension
VII. Trial De Novo
LRMA 7.1. Request For Trial De Novo - Trial Setting
LRMA 7.2. Sealing Arbitration Award - Withdrawn
VIII. General Provisions
LRMA 8.1. Stipulations - Effect on Relief Granted
LRMA 8.3. Effective Date - Withdrawn
LRMA 8.4. Title and Citation
LRMA 8.6. Compensation of Arbitrators
LRMA 8.7. Administration
Local Rules for Mandatory Mediation
LRMM 1. General Provisions
LRMM 2. Mediator
LRMM 3. Mediation Process
LRMM 4. Confidentiality
LRMM 5. Other Provisions
LAR 1.
TITLE AND SCOPE
(a) Title. These rules shall be known as "The Local Rules of the Superior
Court of Washington in and for the County of Grant." The brief title of these
rules is "Grant County Local Rules." These rules may be cited in the following
format: "LAR 1" (for Administrative Rules); "LCR 7" (for Civil Rules); "LCrR 1.1"
(for Criminal Rules); "LRMA 1.1" (for Mandatory Arbitration Rules); "LRMM 1"
(for Mandatory Mediation Rules).
(b) Scope. Unless otherwise provided herein, these rules apply to all
criminal and civil proceedings, family and domestic matters, mental health
proceedings, juvenile court offender and dependency proceedings, appeals from
lower courts, tribunals and agencies, and other matters brought before the
Grant County Superior Court. To the extent these rules supplement rules of
statewide application adopted by the Supreme Court of Washington, both local
and statewide rules apply. To the extent these rules conflict with statewide
rules, the statewide rules apply.
(c) Arbitration. By order dated April 20, 1988, Grant County Superior Court
adopted local rules for mandatory arbitration ("LRMA") which apply to original
civil actions with limited money claims, and to other actions upon stipulation
of the parties.
(d) Mediation. By order dated May 28, 2012 Grant County Superior Court
adopted local rules for mandatory mediation ("LRMM") which apply to disputed
issues in family law cases, as defined in said rules.
(e) Waiver. Any provision of these rules may be waived or modified by order
of the court for good cause shown, or as required in the interests of justice.
(f) Numbering. In compliance with CR 83, the local civil rules in Section 2
and the local criminal rules in Section 3 are numbered consistent with the
numbers of the most closely associated Civil Rules for Superior Court and
Criminal Rules for Superior Court.
[Adopted April 1, 1997; amended 2005; amended effective September 1, 2012]
LAR 2.
JUDICIAL OFFICERS
(a) Departments. There shall be four departments of this court, identified
as Civil Department, Criminal Department, Juvenile Court, and Court
Commissioner's Department. The judicial officers of this court will be
assigned, on a rotating basis, for such periods as the Presiding Judge may from
time to time determine, among the departments of this court.
(b) Presiding Judge. (1) Election. During the month of December of each
even-numbered year, the judges of the court shall elect, by such manner as they
may then agree or, in the absence of such agreement, by secret written ballot,
one of their number to serve as Presiding Judge. In the same fashion, the
judges shall elect an Acting Presiding Judge. Vacancies in either position
will be filled in the same manner as soon as practicable after vacancy occurs.
(2) Removal. The Presiding Judge or Acting Presiding Judge may be removed by
the unanimous vote of the other judges of the court.
(3) Term. The Presiding Judge shall be elected to a term of two years,
commencing on January 1 of each odd-numbered year.
(4) Special Inquiry Judge. By virtue of office, the Presiding Judge shall be
the Special Inquiry Judge designated by the judges of the court as required by
RCW 10.27.050. In the event the Presiding Judge is disqualified from any
special inquiry proceeding, the Acting Presiding Judge will be deemed to be the
special inquiry judge so designated.
(5) Library Board. By virtue of office, the Presiding Judge, or his or her
designee, shall be a member of the Grant County Law Library Board.
(c) Juvenile Judge. The judge assigned to the Juvenile Court pursuant to
section (a) of this rule shall be designated as the Juvenile Court Judge, as
provided in chapter 13.40 RCW.
(d) Court Commissioners. The judges will employ at least one court
commissioner, assigned to the Court Commissioner's Department, unless otherwise
assigned by the Presiding Judge. The Court Commissioner will ordinarily
preside over weekly dependency dockets, and dockets and trials of brief
duration in domestic and paternity cases.
The judge of the Grant County District Court assigned to the Moses Lake
district will ordinarily be appointed as a commissioner of the superior court.
In such capacity, the court commissioner may sign ex parte orders. Ex parte
orders signed at a location other than the Grant County Courthouse shall be
transmitted by the commissioner to the Clerk of this court; original orders
shall not be returned to the party or attorney requesting the same.
The Presiding Judge may appoint pro tempore court commissioners from time to
time as may be required for due administration of the business of the court.
[Adopted April 1, 1997; amended 2005; amended effective September 1, 2012]
LAR 3.
STAFF POSITIONS
(a) Court Reporter. There shall be at least one official reporter, selected
by a majority of the judges, appointed and serving in the manner, and
performing the functions, prescribed by law.
(b) Court Administrator. The administrative operation of the court will be
coordinated by a Court Administrator, appointed by the judges and serving at
their pleasure. The Court Administrator will schedule all court calendars, and
perform such other duties as the Presiding Judge may from time to time direct.
(c) Interpreter Coordinator and Arbitration Administrator. The court shall
employ an Interpreter Coordinator, who shall be certified by the Administrative
Office for the Courts as an interpreter in the Spanish language. The
Interpreter Coordinator will attend court proceedings when directed by a judge,
and will arrange for the retention and assignment of other interpreters as the
business of the court may require. The Interpreter Coordinator may be
permitted, by written policies of the court, to perform interpretation services
for private party litigants.
The Interpreter Coordinator may, when directed by the judges of the court,
also serve as Arbitration Administrator, as provided in the Local Rules for
Mandatory Arbitration.
(d) Jury Administrator. The court shall employ a Jury Administrator to
perform all administrative functions necessary for calling, selecting, and
compensating petit jurors.
(e) Other Staff. The judges may appoint such other staff, including
assistants, bailiffs, deputies and others, as may from time to time be
necessary to the efficient operation of the court.
[Adopted April 1, 1997; amended 2005; amended effective September 1, 2012]
LAR 4.
MOTION CALENDARS
(a) Law and Motion Calendars. Except as otherwise ordered from time to time
as necessary in the administration of the court, regular law and motion
calendars will be heard as follows:
Civil Department:
Civil motions: Friday, 9:00
Adoption motions and hearings: Friday, 11:00
Sentence compliance: 1st, 3rd and 5th Fridays, 1:30
Criminal Department:
Criminal motions: Monday and Tuesday, 9:00
CrR 3.5, CrR 3.6 hearings: Wednesday and Thursday, 10:00
Commissioner Department:
Dependency docket: Tuesday, 1:30
Paternity, support enforcement: Thursday, 9:00
Domestic and family law:
Motions, decrees with counsel: Friday, 9:00
Pro se decrees: Friday, 1:30
Pro se motions: Friday, 2:00
Juvenile Court:
Offender motions: Monday, 9:00
Truancy, at-risk youth: Tuesday, 9:00
Protection orders: Tuesday, 1:30
(b) Holiday Schedule. When Monday is a court holiday, the criminal docket
will be called on the following Tuesday and Wednesday, and the Monday Juvenile
offender docket will be called on the following Wednesday, unless otherwise
ordered by the court. When Friday is a court holiday, all regularly-scheduled
dockets will be called on the preceding Thursday, unless otherwise ordered by
the court. When a Tuesday, Wednesday or Thursday court holiday affects a
docket, the docket will be specially scheduled by the court.
[Adopted April 1, 1997; amended 2005; amended effective September 1, 2012]
LCR 7.
MOTIONS
(a) Time Limits. (1) Length of hearing. Civil and domestic/family law and
motion dockets are limited to matters requiring no more than ten minutes per
side. Matters expected to exceed that limitation must be specially set by the
court administrator.
(2) Responsive declarations. In matters on the domestic and family docket,
and the paternity docket, responsive declarations must be served and filed by
noon on the calendar day immediately prior to the docket, or 24 hours before
the scheduled docket, whichever is later, unless the court expressly permits
later service and/or filing.
(b) Noting Matters on Motion Dockets. Except as otherwise provided in this
section, or with leave of the judicial officer presiding on the docket, matters
to be heard on a motion docket must be noted with the clerk five days prior to
the docket. If the judicial officer assigned to hear a docket is unavailable,
another judge may consider and grant an ex parte motion for order shortening
time to note a matter on a docket.
(c) Required Special Settings. The following matters may not be noted on the
court's regular dockets, but must be specially set with the court
administrator: motions for summary judgment; arguments on the merits in appeals
from lower courts or tribunals; child hearsay (Ryan) hearings.
(d) Telephonic argument. (1) Unreported. Arguments on motions are to be
conducted in person, except that, by specific arrangement with the court
administrator at least two days before a hearing, argument may be made by
telephone, Provided, (1) that all parties agree to telephonic argument; (2)
that the judicial officer before whom the hearing will be conducted approves of
telephonic argument; and (3) that no verbatim record is requested (or the
record is made by a party). A party may withhold agreement to telephonic
argument only for reasonable, articulable cause.
For good cause shown, on motion of a party, the court may order telephonic
argument of a motion in the absence of such agreement. A motion to require
telephonic argument shall itself be argued by telephone unless all affected
parties are before the court when the motion is made.
(2) Verbatim record. The requirement that there be no verbatim record may
be waived by the court only if: (1) no participant other than the court uses a
speaker phone; (2) no speaking participant is on a cellular telephone; and (3)
the reported call will begin with each party's stipulation to the following:
"This conference call argument is being reported by the official court
reporter. Each party stipulates that any portion of the proceedings which is
inaudible to the reporter will be noted as such in the record without jeopardy
to the reporter or to any transcript being deemed accurate and complete."
Adopted April 1, 1997; amended 2005; amended, re-numbered and re-codified
effective September 1, 2012]
LCR 16.
PRETRIAL CONFERENCE AND TRIAL CONFERENCE
(a) Pretrial conference. A pretrial conference may be conducted in
civil cases in the manner, and for the purposes, set forth in CR 16.
(b) Trial conference. Civil jury trials will be preceded by a conference,
on the record unless a record of the trial has been waived, beginning at 9:00
a.m. on the first trial day unless otherwise ordered by the court. If the
conference is expected to exceed 60 minutes, the parties shall obtain a
specially-set time from the court administrator. Counsel for the parties shall
attend. The conference will address administrative matters relating to the
trial, and resolve motions in limine and other motions entertained by the court.
Civil bench trials may be preceded by a conference on request of a party or
on the court's motion.
Adopted April 1, 1997; amended 2005; amended, re-numbered and re-codified
effective September 1, 2012]
LCR 16A.
PARENTING SEMINARS
(a) Cases Affected. Pursuant to RCW 26.12.170, this rule applies to all
actions in which the court is petitioned to adopt a parenting plan or
residential schedule involving minor children, and, if ordered by the court, to
an action in which modification of such a plan or schedule is sought.
(b) Seminar Required. The judges of this court shall, by administrative
order maintained in the records of the clerk, from time to time designate one
or more providers of parenting seminars. Each party who is a parent shall,
within thirty days after initiating or being served with initial documents in a
case covered by this rule, contact a designated provider to schedule attendance
at a parenting seminar. Prior to trial in such a case, or prior to entry of a
final parenting plan or residential schedule if no trial is held, each such
party shall attend and complete a parenting seminar, and file proof thereof
with the court.
(c) Exemption and Enforcement. A party may seek exemption from the
requirements of this rule on the basis of substantial hardship, established by
motion of the party supported by written declaration or oral testimony. A
party who has completed a parenting seminar, pursuant to this rule or
otherwise, within twenty-four months before institution of the present action
is, upon filing proof thereof, also exempt from part (b) of this rule, unless
otherwise ordered by the court. Unless exempted, a party who fails to comply
may be sanctioned by civil contempt remedies, by an order striking pleadings,
or in such other manner as the court deems appropriate.
[Adopted as LR 13 April 1, 1997; re-numbered effective September 1, 2012]
LCR 16B.
ASSETS AND DEBTS IN MARRIAGE DISSOLUTION AND SIMILAR CASES
(a) Statement Required. Not later than noon on the court day before the day
on which an action for dissolution of marriage, dissolution of a registered
domestic partnership, division of assets of a committed intimate relationship,
or similar case, is called for trial, when there exists a dispute between the
parties regarding the characterization, valuation or distribution of any asset
or debt, each party shall file with the trial judge and serve on the other
party a statement in spreadsheet format of all assets and debts of the parties
within the court's jurisdiction.
(b) Contents of Statement. (1) Assets. The statement shall sequentially
number and identify each asset with sufficient particularity to distinguish it
from other assets of the same type. As to each asset, the statement shall set
forth, unless unknown to the party, the following information: date, manner and
cost of acquisition; the party's characterization of the asset as community (or
"shared") or separate property, and if separate, the basis for that claim;
present fair market value; and proposed distribution by the court. The
statement shall separately identify any asset in the possession of either party
claimed to be the property of a third person, in whole or in part.
(2) Debts. The statement shall sequentially number and specifically identify
(including creditor and account number) each debt claimed to be owed by either
party or both. As to each debt, the statement shall set forth, unless unknown
to the party, the following information: the date(s) on which the debt was
incurred, the purpose for which it was incurred, any security given for the
debt; the balance owed at the time of trial and at the time of separation;
payments made by either party after separation; whether, and to what extent,
the debt is claimed to be the separate or individual debt of either party; and
the proposed distribution by the court.
(3) Other relief. Each party's statement shall also set forth any other
financial relief requested, other than child support, including a monetary
judgment to balance the division of assets and debts, spousal maintenance, and
award of costs and attorney fees.
[Adopted as LR 15 September 1, 2005; amended and re-numbered effective September 1, 2012]
LCR 16C.
SETTLEMENT CONFERENCE
(a) When Held. Subject to available time on the court's calendar, a
settlement conference may be held in any civil or domestic case by agreement of
the parties, or, in the absence of agreement, upon order of the court
(b) Time and Judicial Officer. A settlement conference will be held at a
time set by the court administrator, and shall be conducted by a judicial
officer other than the officer to whom the case is, or likely will be, assigned
for trial.
(c) Persons Attending. The attorney in charge of each party's case shall
attend the settlement conference. The parties to a domestic case shall attend
the conference; in other civil cases, the parties, or persons with settlement
authority for a party, shall be available, and the judicial officer conducting
the conference shall decide whether the parties shall be present in the
conference room. When the defense of a party is provided by an insurer, a
representative of the insurer with authority to bind the insurer to a
settlement, must be in attendance or immediately available by telephone to the
attorney for that party. Attendance of any party or representative may be
excused for good cause shown.
(d) Preconference Submittal. At least two days before the date set for the
settlement conference, the attorney, or pro se party, personally in charge of
each party's case shall present to the judicial officer conducting the
conference a letter succinctly addressing those issues required to be
addressed.
(e) Privilege. Settlement conferences shall, in all respects, be privileged
proceedings and not reported or recorded. No party is bound by any position
taken during a settlement conference unless a settlement is reached. When a
settlement has been reached, the judicial officer may, and at the request of
any party shall, cause the settlement to be made a matter of record. The
judicial officer presiding over the settlement conference shall be disqualified
from acting as the trial judge in that matter, unless all parties otherwise
agree in writing.
[Adopted as LR 17 September 1, 2005; amended and re-numbered effective September 1, 2012]
LCR 26F.
SCHEDULING ORDER
(a) Status conference. In civil cases in which the complaint has been
served on any defendant, the court administrator will schedule a status
conference, to be conducted by telephone not sooner than 90 days, nor later
than 120 days after the complaint is filed, and will give notice thereof to
counsel and unrepresented parties who have appeared. The purpose of the status
conference is to schedule deadlines for completion of all measures necessary to
prepare the case for trial. Notice of the status conference shall be in the
form appended hereto as Form LR 8-A, and will be accompanied by a blank status
conference statement (Form LR 8-B) and blank note-up slip for trial setting
(Form LR 8-C).
After a request for trial de novo following mandatory arbitration, the court
administrator will schedule a status conference in the manner set forth above,
to be conducted by telephone within 60 days of the filing of the request.
(b) Scheduling order.. Following the status conference, or upon receipt of a
status conference statement agreed to by all parties, the court will issue a
Scheduling Order in the form appended hereto as Form LR 8-D. Deadlines
established in the Scheduling Order may be extended by stipulation of the
parties only upon leave of the court. The court may, upon motion of a party
made before expiration of a deadline, extend any deadline in the Scheduling
Order for good cause shown.
(c) Cases Excluded. Unless otherwise ordered by a judge, the scheduling
procedure provided in LR 8(a) will not be employed in domestic relations,
paternity; adoption; change of name; domestic violence (chapter 26.50 RCW);
harassment (chapter 10.14 RCW); interstate support enforcement; juvenile
dependency; minor settlement; probate; guardianship; petition for writ of
habeas corpus, mandamus, review or other writ; unlawful detainer; civil
commitment; proceedings under chapter 10.77 RCW; proceedings under chapter
70.96A RCW; and cases in which pretrial time limits are expressed in statute.
(d) Trial setting. See LR 40(a).
[Adopted April 1, 1997; amended 2005; amended, re-numbered and re-codified
effective September 1, 2012]
LCR 40.
TRIAL
(a) Trial setting. If, upon completion of the latest deadline established
by the Scheduling Order, the case has not been fully resolved, parties
continuing to make or defend claims in the case shall complete and file the
note-up slip for trial setting in the form appended hereto as Form LR 8-C.
Upon expiration of the time for filing such requests, the court administrator
will assign a trial date, using the form appended hereto as Form LR 8-E.
(b) Civil Trials. Civil trials shall be scheduled by the court administrator
at such times as are conducive to the efficient operation of the court and the
expeditious resolution of cases. Generally, civil jury trials will begin on
Mondays or Tuesdays at 9:00 a.m.
(c) Domestic Trials. Trials in domestic relations and family law cases
shall be set for trial by the court administrator in the same manner as civil
trials. Trials not expected to exceed one-half day may be set in the
Commissioner's Department.
(d) Paternity Trials. Trials expected to exceed one-half day will generally
be set by the court administrator as civil trials. Otherwise, paternity trials
will be scheduled in the Commissioner's Department on Thursday afternoons,
unless a special setting is obtained from the court administrator.
[Adopted April 1, 1997; amended 2005; amended, re-numbered and re-codified
effective September 1, 2012]
LCR 47.
JURY SELECTION
(a) Panel. The jury administrator will randomly assign sequential numbers,
beginning with "1," to all prospective jurors who have timely appeared for
trial, and will cause them to be seated in the courtroom in that order when
directed by the trial judge to do so. The judge and counsel will be provided
with a roster of the panel as seated.
(b) Examination. Unless otherwise ordered by the judge presiding at trial,
juries will be selected after panel examination. The judge will conduct
orientation and general questioning of the panel. Thereafter, counsel will, in
turn, be permitted to question the panel, or individual members thereof, for a
stated period of time set by the judge. The judge may allow a second period of
questioning by each side. For good cause shown, the judge may extend the
period of questioning, or allow additional rounds, on motion of a party.
(c) Challenges. Challenges for cause shall be made openly or at sidebar, as
the judge may direct. After examination of the panel, counsel will, in turn,
exercise peremptory challenges by striking names from a roster of those panel
members not previously dismissed. After peremptory challenges, the remaining
unchallenged jurors with the twelve (or, in appropriate cases, six) lowest
roster numbers shall be seated as the jury. The remaining juror(s) with the
next lowest roster number(s) will be seated as the alternate juror(s).
[Adopted April 1, 1997; amended 2005; amended, re-numbered and re-codified
effective September 1, 2012]
LCR 51.
JURY INSTRUCTIONS
Each party wishing to propose jury instructions shall file with the clerk,
deliver to the judge, and serve on other parties one cited copy and one clean
copy of each instruction proposed. Cited copies shall include marginal
citation of the authority relied upon in proposing the instruction, and will be
sequentially lettered or numbered. Clean copies shall not include citations,
letters or numbers.
[Adopted April 1, 1997 as LR 10(b); amended 2005; re-numbered effective
September 1, 2012]
LCR 59.
RECONSIDERATION AND RE-APPLICATION
(a) Motion for Reconsideration. (1) Noting for hearing. As provided in CR
59(b), a party filing a motion for reconsideration will also file a note-up
slip noting the motion for hearing on an appropriate law and motion docket,
designating the judicial officer whose decision the motion seeks to reconsider.
The date for hearing shall be at least ten days after filing of the motion.
(2) Hearing. Upon receiving for filing a motion for reconsideration and
note-up slip, the clerk shall cause the same to be delivered to the judicial
officer whose decision the motion seeks to reconsider. The judicial officer
will promptly determine, as provided in CR 59(e), whether the motion should be
denied on its face, or, if not, whether the motion is to be heard on oral
argument or submitted on briefs. The judicial officer will enter an order
expressing such determinations, including a briefing schedule and a date for
argument, when appropriate. The court administrator will cause copies of the
order to be delivered to all counsel and unrepresented parties.
(b) Re-application. When an order has been applied for and denied in whole or
in part, or has been granted conditionally and the condition has not been
performed, the same application for an order may not be presented to a
different judicial officer unless that officer is clearly advised of the fact
of the previous denial or unfulfilled condition.
[Adopted September 1, 2005 as LR 14; amended and re-numbered effective
September 1, 2012]
LCR 70.
CIVIL CONTEMPT PROCEEDINGS
This rule shall apply to all civil contempt proceedings whether brought under
chapter 7.21 RCW or other statutes, but shall not apply to summary contempt
proceedings under RCW 7.21.050.
(a) Warning. The order to show cause shall advise the responding party, in
prominent language, that failure to appear could result in issuance of a
warrant for the arrest of that party.
(b) Service. Unless otherwise authorized by order of the court, or by the
express terms of a statute under which the contempt motion is brought, or by
written stipulation of the parties, the order to show cause, together with the
motion and supporting declarations or other materials, must be personally
served on the responding party.
(c) Failure to Appear. At the hearing, if the responding party fails to
appear and upon proof of service of the pleadings required by this rule, the
court may order arrest of the responding party. Other requested remedies may
also be ordered upon default, even if a warrant is not ordered.
[Adopted September 1, 2005 as LR 16; re-numbered effective September 1, 2012]
LCR 79.
LIMITED ACCESS TO PATERNITY FILES
(a) Persons. Only the following persons shall have access to paternity files
of this court: the mother, the presumed father, any alleged father who has not
been dismissed from the case, an attorney representing any of the foregoing or
the child (after filing a notice of appearance), any guardian ad litem
appointed in the cause and not discharged, the State of Washington as
represented by the Attorney General's office or Grant County Prosecutor's
Office (or other contracted counsel), and any other person upon permission from
a judge or commissioner of the court.
(b) Limited Access. Access to a paternity file by the mother, or presumed
or alleged father is limited to review of the file at the office of the clerk
of the court when no final Judgment and Order Determining Paternity has been
entered. After entry of such Judgment and Order, any party referred to in the
order may, upon paying the applicable fee, receive a copy of the order and any
visitation order, parenting plan, residential schedule or child support order
in the file.
(c) Access by Court Officers. Any attorney, guardian ad litem, or employee
or contractor of the Attorney General or Prosecutor authorized by part (a) of
this rule to have access to a paternity file may examine or otherwise handle
the file in the clerk's office pursuant to policies of the clerk.
(d) Segregation of File. The Clerk of this Court may segregate Paternity
files into two or more volumes, ending the first (or subsequent) volume upon
entry of an Order Establishing Paternity. Said Order, together with pleadings
filed thereafter may be filed in a separate volume or volumes. When such
segregation is made by the Clerk, the limitations on access expressed in this
rule will be deemed only to apply to the volume(s) closed with filing of the
Order Establishing Paternity
[Adopted April 1, 1997 as LR 12; amended 2005; amended and re-numbered effective September 1, 2012]
LCrR 1.1
APPLICABILITY OF CIVIL RULES
Unless otherwise expressly provided herein, the following Local Rules apply in
criminal cases as well as in civil cases: LR 7(b), except that initial
appearances, motions to revoke conditions of release, and emergency furlough
motions may be noted on any criminal docket without advance notice; LR 7(c) and (d);
LR 47; LR 51; LR 59.
[Adopted September 1, 2012]
LCrR 3.3
TRIAL SCHEDULING
(a) Criminal trials will ordinarily be scheduled to begin on Wednesday at
9:00 a.m. (delayed by one day when Monday is a court holiday). The court will
maintain a calendar of cases set for trial; cases will be called for trial in
the order of their speedy trial deadline, and for cases having the same
deadline, in order of their cause numbers, unless otherwise ordered by the
court. The court may, by administrative order, specify further particulars
regarding calling criminal cases for trial, the obligation of counsel and
parties in trailing cases, and so on.
(b) A case on the trial calendar which is not resolved or expressly continued
to a new trial date will be deemed continued for trial to the following week
without change to its trial deadline.
[Adopted April 1, 1997 as LR 4(g); amended 2005; amended, re-numbered and re-codified
effective September 1, 2012]
LCrR 3.5
CONFESSION HEARING
At or before the omnibus hearing, the prosecution shall serve on the
defendant and file with the court a brief description of the defendant's
statements the prosecution intends to offer in evidence at trial. Not later
than twenty four hours before a hearing pursuant to CrR 3.5, the parties may
file memoranda of legal authorities relating to admission or exclusion of the
defendant's statements.
[Adopted April 1, 1997 as LR 9(a); amended 2005; amended and re-numbered
effective September 1, 2012]
LCrR 3.6
SUPPRESSION HEARING
At least one week prior to a hearing under CrR 3.6, the defendant shall serve
on the prosecutor and file with the court a written motion for suppression,
identifying the item(s) to be suppressed and briefly stating the grounds. The
defendant shall serve and file with the motion a memorandum of authorities upon
which defendant relies for suppression.
The prosecution shall file a memorandum of authorities upon which it relies
for admissibility of the challenged evidence not later than twenty-four hours
before the hearing.
[Adopted April 1, 1997 as LR 9(b); amended 2005; amended and re-numbered
effective September 1, 2012]
LCrR 4.1
SCHEDULING ORDER
In criminal cases, at the time of arraignment, the court will adopt a schedule
for the case by completing a Scheduling Order in the form appended hereto as
Form LR 8-F. The court will cause the original Scheduling Order to be filed
with the clerk, and will cause copies to be delivered to the court
administrator, prosecuting attorney, defense attorney and defendant.
[Adopted April 1, 1997 as LR 8(c); amended 2005; amended and re-numbered
effective September 1, 2012]
LCrR 4.5
OMNIBUS AND READINESS HEARINGS
The scheduling order required by LR 8 shall establish dates for omnibus
hearing, readiness hearing, and trial, each of which the defendant shall attend
unless excused in advance by the court. The omnibus hearing shall be
conducted in the manner anticipated in CrR 4.5. At the readiness hearing, the
court will confirm that all parties are ready to proceed to trial, or will
continue trial to a date certain.
[Adopted April 1, 1997 as LR 5(b); amended 2005; amended, re-numbered and re-
codified effective September 1, 2012]
LCrR 6.1
TRIAL CONFERENCE
Unless otherwise ordered, criminal trials will begin with a conference, on
the record, to resolve pretrial and trial issues. The conference will begin at
such time as the court directs during the readiness hearing If the conference
is expected to require more than 60 minutes, counsel shall so advise the court
at the readiness hearing. Counsel and the defendant shall attend the trial
conference. The conference will address administrative matters relating to the
trial, admissibility of evidence of prior convictions or other contested
evidentiary matters, motions in limine, and other motions entertained by the court.
[Adopted April 1, 1997 as LR 6(b); amended 2005; amended and re-numbered
effective September 1, 2012]
LRMA 1.1.
PURPOSE OF RULES - OTHER RULES - DEFINITIONS
(a) Purpose and Scope. The purpose of these Local Rules for Mandatory
Arbitration is to supplement the Mandatory Arbitration Rules (MAR) adopted by
the Supreme Court in order to provide a simplified, economical procedure for
the prompt and equitable resolution of disputes involving claims of $50,000 or
less. THESE RULES MUST BE READ AND APPLIED IN CONJUNCTION WITH THE MANDATORY
ARBITRATION RULES.
These rules are not intended to address every question which may arise during
arbitration, and thus leave considerable discretion to the arbitrator.
Arbitrators should liberally employ such discretion in order to assure that
hearings are informal and expeditious, consistent with the purposes of the
statutes and rules.
(b) Administrator. As used in these rules, "Administrator" means the
employee of the Grant County Superior Court who may, from time to time, be
assigned by the judges thereof the position and responsibilities of Arbitration
Administrator.
[Amended 1990; amended effective September 1, 2012]
LRMA 1.2
AMOUNT IN CONTROVERSY
Pursuant to RCW 7.06.020, civil matters shall be subject to mandatory
arbitration if the amount claimed by any party does not exceed $50,000
exclusive of attorney fees, interest and costs, or if the parties waive claims
in excess thereof for the purposes of arbitration.
[Amended 1990; amended effective September 1, 2012]
LRMA 1.3.
MOTIONS
All motions before the court relating to mandatory arbitration shall be noted
on the civil motions calendar in accordance with LR 7, except as otherwise
provided in these arbitration rules.
[Amended 1990; amended effective September 1, 2012]
LRMA 2.1.
TRANSFER TO ARBITRATION
(a) Statement of Arbitrability. In every civil case to which the scheduling
procedure set forth in LR 26F applies, each party filing and serving a status
conference statement (Form LR 8-B) shall indicate thereon whether or not the
case is subject to mandatory arbitration. Alternatively, any party who asserts
that a case is subject to mandatory arbitration may at any time file and serve
on all other parties a statement of arbitrability.
(b) Response. A party who disputes another party's assertion that the case
is or is not subject to mandatory arbitration shall so advise the court in any
one of these ways: (1) by so indicating in the status conference statement
(Form LR 8-B); (2) by so indicating at the commencement of the status
conference required by LR 26F(a); or (3) by serving and filing a written
response to another party's statement of arbirtrability within 14 days of
service thereof.
(c) Amendment. A party may amend a statement of arbitrability, response, or
other assertion regarding arbitrability of the case at any time before
assignment of an arbitrator, and thereafter only upon leave of the court for
good cause shown.
(d) Failure to File. If no response or other dispute regarding arbitrability
is filed or brought to the attention of the court as provided in this rule,
then a statement that the case is subject to mandatory arbitration will be
deemed correct.
(e) By Stipulation. A case in which all parties file a stipulation to
arbitrate under MAR 8.1 will be transferred to arbitration regardless of the
nature of the case or the amount in controversy.
[Amended 1990; amended effective September 1, 2012]
LRMA 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 on 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 set forth
in this rule.
(b) Response by Parties. Each party may, within 14 days after a 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 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 Administrator will appoint an arbitrator nominated by that party.
(d) No Response. If no party responds within 14 days, the Administrator will
randomly appoint one of the five proposed arbitrators.
(e) 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 procedures
for selection set forth in this rule to be applied. The number of adverse
parties shall be determined by the Administrator, subject to review by the
Presiding Judge.
[Amended effective September 1, 2012]
LRMA 3.1.
QUALIFICATIONS
(a) Arbitration Panel. There shall be a panel of arbitrators in such numbers
as the Superior Court Judges may from time to time determine. A person
desiring to serve as an arbitrator shall complete an information sheet on the
form prescribed by the court. A list of the names of arbitrators available to
hear cases, and the information sheets filed by them, will be available for
public inspection at the Administrator's office. The oath of office, in a form
prescribed by the court, must be completed and filed prior to an applicant
being placed on the arbitration panel.
(b) Refusal - Disqualification. The appointment of an arbitrator is subject to
the right of that person to decline to serve. An arbitrator must notify the
Administrator immediately if declining 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 the Code of Judicial
Conduct, Rule 2.11 governing the disqualification of judges. If disqualified,
the arbitrator will immediately return all materials in a case to the Administrator.
[Amended effective September 1, 2012]
LRMA 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 in controversy, values at stake,
the discovery that has already occurred, the burdens on the party from whom
discovery is sought, and the possibility of unfair surprise which may result if
discovery is restricted. Authorized discovery shall be conducted in accordance
with the civil rules except that motions concerning discovery shall be resolved
by the arbitrator. Nothing in this rule shall prohibit the arbitrator from
considering, in ruling on the merits of the case, any other discovery devices
which may have been completed prior to assignment of the case to the arbitrator.
[Amended effective September 1, 2012]
LRMA 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 leave of the
arbitrator. The arbitrator shall give reasonable notice of the hearing date
and any continuance to the Administrator.
[Amended effective September 1, 2012]
LRMA 5.2.
PREHEARING STATEMENT OF PROOF - DOCUMENTS FILED WITH THE COURT
The statements of witnesses and exhibits required by MAR 5.2 shall be
simultaneously exchanged by all parties. 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 in the custody of the County Clerk.
[Amended effective September 1, 2012]
LRMA 5.3.
CONDUCT OF HEARING - WITNESSES - RULES OF EVIDENCE
(a) Oath or Affirmation. The arbitrator shall place a witness under oath or
affirmation, substantially in the following form, before the witness presents
testimony: "Do you solemnly swear or affirm, under penalty of perjury under
the laws of the State of Washington, that the testimony you give in this matter
will be the truth?"
(b) Recording. The hearing may be recorded electronically or otherwise by
any party at his or her expense, providing that the means of recording do not
interfere with conduct of the hearing.
(c) Rules of Evidence Generally. The Rules of Evidence, to the extent
determined by the arbitrator to be applicable, should be liberally construed to
promote justice and economical dispute resolution.
[Amended effective September 1, 2012]
LRMA 6.1.
FORM AND CONTENT OF AWARD
(a) Form. The arbitrator's award shall be prepared on a form prescribed by the court.
(b) Exhibits. All exhibits offered during the arbitration hearing shall be
filed with the Clerk at the time of filing the award.
[Amended effective September 1, 2012]
LRMA 6.2.
FILING OF AWARD - EXTENSION
A request by the arbitrator for extension of the time for filing an award
under MAR 6.2 may be presented ex parte to the Presiding Judge. The arbitrator
shall give all parties notice of any extension granted.
[Amended effective September 1, 2012]
LRMA 7.1.
REQUEST FOR TRIAL DE NOVO - TRIAL SETTING
Any party desiring trial de novo after an arbitration award must give notice
thereof as provided in MAR 7.1(a) notwithstanding that the case is not ripe for
trial setting under LR 40. If a trial date has been assigned prior to the
filing of an arbitration award, it shall remain in place if a request for trial
de novo is filed pursuant to MAR 7.1(a), and shall be stricken if no such
request is filed within the time permitted by MAR 7.1(a).
[Amended effective September 1, 2012]
LRMA 7.2.
SEALING ARBITRATION AWARD
[Withdrawn effective September 1, 2012]
LRMA 8.1.
STIPULATIONS - EFFECT ON RELIEF GRANTED
If a case not otherwise subject to mandatory arbitration is transferred to the
arbitration calendar by stipulation, the arbitrator may grant award any relief
which could have been granted if the case were determined by a judge.
[Amended effective September 1, 2012]
LRMA 8.3.
EFFECTIVE DATE
[Withdrawn effective September 1, 2012]
LRMA 8.4.
TITLE AND CITATION
These rules are known and cited as the Grant County Superior Court Local Rules
for Mandatory Arbitration. "LRMA" is the official abbreviation.
LRMA 8.6.
COMPENSATION OF ARBITRATORS
(a) Generally. Arbitrators shall be compensated for time spent in
preparation, hearings, and preparation of an award, at an hourly rate
established by the Office of Administrator of the Courts. Hourly compensation
shall not include travel time. Arbitrators shall also be compensated for their
reasonable costs, including mileage.
(b) Determination and Payment. The Administrator shall determine the amount
of compensation and costs to be paid, and shall cause the costs and one-half of
the compensation to be promptly paid from funds of Grant County, without
deductions. The Administrator will promptly submit a request for payment of
the remaining one-half of compensation, less deductions required by law, from
funds of the State of Washington.
(c) Form. When the arbitrator's award is filed, the arbitrator shall submit
to the court a request for payment on a form prescribed by the court.
[Amended and re-numbered effective September 1, 2012; previously LRMA 8.5]
LRMA 8.7.
ADMINISTRATION
The Administrator, under the supervision of the Court Administrator and the
Superior Court Judges, shall supervise arbitration under these rules and
perform such additional duties relating thereto as the judges or court
administrator may direct.
[Amended and re-numbered effective September 1, 2012; previously LRMA 8.6]
LRMM 1.
GENERAL PROVISIONS
(a) Mediation Required. Contested issues in family law cases are subject to
mandatory mediation in accordance with this rule. No trial or hearing shall be
conducted to resolve any such issue until either (1) the parties have engaged
in mediation; or (2) the court has, for good cause, waived the mediation
requirement of this rule. Attorneys for the parties may attend mediation
proceedings. Mediation proceedings will be completed at least 30 days before trial.
(b) Family Law Cases. (1) Family law cases subject to mandatory mediation
under this rule are as follows:
a. Dissolution or declaration of invalidity of marriage or domestic partnership.
b. Legal separation.
c. Child custody proceedings involving parents, presumed or putative parents,
de facto parents, or non-parents (after a finding adequate cause when required).
d. Paternity cases after entry of a judgment determining parentage.
e. Proceedings to establish child support or maintenance obligations.
f. Proceedings relating to the termination of marriage-like relationships.
(2) Unless otherwise ordered by the court, mediation under this rule is
not required for the following cases or issues:
a. Dependency and termination cases.
b. Contempt proceedings regarding compliance with court orders.
c. Petitions for Domestic Violence Protection Orders.
d. Adoption proceedings.
e. Petitions for emancipation of a minor or for change of name.
f. Motions to waive the requirements of this rule for good cause.
(c) Contested Issues. (1) Contested issues subject to mandatory
mediation under this rule include the following:
a. Characterization, valuation and/or division of assets and debts.
b. Establishment of final parenting plan or residential schedule.
c. Modification of a final parenting plan or residential schedule after a
finding of adequate cause.
d. Modification of a temporary parenting plan or residential schedule.
e. Establishment of child support or maintenance (other than initial temporary order).
f. Modification of temporary or permanent child support or maintenance order.
(2) Unless otherwise ordered by the court, contested issues subject to
mandatory mediation under this rule do not include the following:
a. Entry of initial temporary support order.
b. Entry of initial temporary parenting plan or residential schedule.
c. Entry of other initial temporary orders, including restraining orders;
orders for the use, possession, disposition or preservation of assets;
orders allocating responsibility for debt service; and similar temporary orders.
(d) Waiver. On its own motion, or on motion of a party, the court may waive
the mediation requirements or time limits of this rule for good cause. Good
cause will be presumed in cases where mediation would require a party subjected
to domestic violence to meet in close proximity with a perpetrator of that violence.
[Adopted May 27, 2012]
LRMM 2.
MEDIATOR
(a) Appointment of Mediator. The parties may stipulate to appointment of
a person to perform the mediation required by this rule by filing with the
court a written stipulation including the name, address and date of appointment
of the mediator. In the absence of stipulation, the court will, on its own
motion or the motion of a party, appoint a mediator. The person or
organization appointed by the parties or the court shall immediately be
notified of the appointment. Any person so appointed may decline the
appointment and promptly notify the parties and the court thereof.
(b) Compensation. The mediator shall set a reasonable fee for mediation.
The parties shall promptly pay the mediator's fee in the proportions agreed by
the parties or, in the absence of agreement, as ordered by the court.
(c) Authority and Duties. The mediator shall set the time, place, manner,
and duration of mediation, which may be adjourned from time to time to
facilitate resolution of issues. Within seven (7) days after completion of
mediation, the mediator shall file with the court, and provide copies to the
parties and attorneys who participated in the mediation, a declaration setting
forth (1) the date(s) of mediation; (2) the contested issues mediated; and (3)
the manner in which any party failed, in the judgment of the mediator, to
participate in good faith.
(d) Mediator as Witness. The mediator may not be subpoenaed to testify, nor
shall the mediator agree or volunteer to testify, in any discovery procedure or
court hearing regarding the statements, communications, or proposals, written
or oral, made by any party, attorney or other participant in the mediation process.
[Adopted May 27, 2012]
LRMM 3.
MEDIATION PROCESS
(a) Required Materials. At least two days before mediation proceedings,
each party will submit to the mediator proposed orders sought to be entered by
the court or equivalent written statements of the resolution of all contested
issues subject to mediation. When support issues are being mediated, each
party will include a financial declaration and completed child support
worksheets. When characterization, valuation, and/or division of assets or
debts is being mediated, each party shall submit a statement in the form
required by LR 15. The parties shall timely submit any additional materials
requested by the mediator. Materials submitted to the mediator shall not be
filed with the Clerk of court.
(b) Good Faith Obligation. The parties shall mediate in good faith.
Failure to fully participate in mediation, including failure to submit required
materials, refusal to discuss a contested issue, or refusal to consider a
proposed resolution, shall be evidence of lack of good faith. A party may be
sanctioned for failing to mediate in good faith; sanctions may include
assessment of all costs of mediation, an award of attorney fees and costs to a
party participating in good faith, or other sanctions ordered by the court.
(c) Appearance. For good cause shown, the mediator may permit any
participant in mediation to appear by telephone. At the mediator's discretion,
persons other than the parties and their attorneys may be permitted to attend
the mediation, Provided, that a party seeking permission for a non-party to
attend shall give reasonable advance written notice of the request to every
opposing party.
(d) Agreement. Any agreement between the parties reached during the
mediation process shall be reduced to writing before conclusion of the
mediation and shall be endorsed by all parties, participating attorneys, and
the mediator. The mediator may, upon notice to a person participating by
telephone, endorse the agreement on behalf of that person. The mediator will
cause a copy of the endorsed agreement to be provided to each party before
conclusion of the mediation.
[Adopted May 27, 2012]
LRMM 4.
CONFIDENTIALITY
(a) Disclosure of Communications. The work product of the mediator, and all
statements by, and communications between, the mediator and any participant in
the mediation proceedings, or by or between any participant and another
participant or counsel for a participant, shall be confidential, and shall not
be disclosed to any person, except as follows: (1) the mediator shall report
to appropriate law enforcement and/or child welfare authorities information
relating to the abuse of any child when such information comes to the mediator
at any time in the mediation proceedings and the information appears to be
evidence of a crime against a child; and (2) any written agreement endorsed by
the parties as set forth in this rule may be filed with or disclosed to the court.
(b) Admonition to Participants. The mediator shall provide in writing to all
participants in the mediation process a copy of the foregoing provision prior
to commencement of mediation.
[Adopted May 27, 2012]
LRMM 5.
OTHER PROVISIONS
(a) Discovery. The mediation process does not stay, prohibit, supersede or
otherwise affect the rights and obligations of the parties to conduct or
provide discovery as set forth in applicable rules of court, or modify in any
way the provisions of law for compelling the same.
(b) Title and Citation. These rules are known and cited as the Grant County
Superior Court Local Rules for Mandatory Mediation. "LRMM" is the official abbreviation.
(c) Effective Date. This rule shall apply to all causes of action pending
before the court on or after the 1st day of September, 2012, except those cases
in which trial has commenced.
[Adopted May 27, 2012]
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