Local Rules of the Superior Court
for Grays Harbor County
Table of Rules
Local Civil Rules (LCR)
III. Pleadings and Motions
Rule 7. Motions
Rule 16. Pretrial and Settlement Procedures
VI. Trials
Rule 40. Assignment of Cases
Rule 47. Jurors
Rule 49. Verdicts
Rule 51. Instructions to Jury and Deliberation
X. SUPERIOR COURTS AND CLERKS
Rule 77. Superior Court and Judicial Officers
Rule 79. Books and Records Kept by the Clerk
Local Special Proceedings Rules (LSPR)
Rule 94. Domestic Relations
Local Mandatory Arbitration Rules (LMAR)
I. Scope and Purpose of Rules
Rule 1.1 Application of Rules
Rule 1.2 Matters Subject to Arbitration
Rule 1.3 Relationship to Superior Court Jurisdiction and other Rules
II. Transfer to Arbitration and Assignment of Arbitrator
Rule 2.1 Transfer to Arbitration
Rule 2.3 Assignment to Arbitrator
III. Arbitrators
Rule 3.1 Qualifications
Rule 3.2 Authority of Arbitrators
IV. Procedures After Assignment
Rule 4.2 Discovery
V. Hearing
Rule 5.1 Notice of Hearing - Time and Place - Continuance
Rule 5.2 Prehearing Statement of Proof
VI. Award
Rule 6.2 Filing of Award
Rule 6.3 Judgment on Award
VII. Trial De Novo
Rule 7.1 Request for Trial De Novo
Rule 7.2 Procedure at Trial
VIII. General Provisions
Rule 8.1 Stipulations
Rule 8.4 Title and Citation
Rule 8.6 Compensation of Arbitrator
Rule 8.7 Administration
Local Criminal Rules (LCrR)
3. Rights of Defendants
Rule 3.1 Right to and Assignment of Counsel
Rule 3.2 Release of Accused
Rule 3.3 Time for Trial
Rule 3.4 Presence of the Defendant
4. Procedures Prior to Trial
Rule 4.5 Omnibus Hearing
Rule 4.9 Pretrial Conference
6. Procedures at Trial
Rule 6.1 Trial Briefs
Rule 6.2 Jury Trials
Rule 6.3 Instructions to Jury
Rule 6.4 Sanctions
7. Procedures Following Conviction
Rule 7 Procedures Following Conviction
Rule 7.2 Sentencing
Local Juvenile Court Rules (LJuCR)
Title I. Scope and Application of Rules
Rule 1. Court Schedule and Dockets
Rule 1.6 Counsel
Local Rules for Appeal of Decisions of Courts of Limited Jurisdiction (LRALJ)
Title 8. Oral Argument
Rule 8.1 Noting for Hearing
Local Guardian Ad Litem Rules (LGALR)
LGALR 1 Scope and Definitions
LGALR 2 General Responsibilities of the Guardian Ad Litem
LGALR 3 Roles and Responsibilities of Guardian Ad Litem in Title 13 RCW Juvenile Court Proceedings
LGALR 5 Appointments of Guardian Ad Litem
LGALR 7 Grievance Procedures
Exhibits
Exhibit 1 Note for Trial and Initial Statement of Arbitrability
RULE 7.
MOTIONS
(b) Motions and Other Papers.
(1) How Made
(A) Reapplication on Same Facts. When an order has been applied for
and refused in whole or in part or has been granted conditionally and the
condition has not been performed, the same application for an order shall not
be presented to another judge without advising the second judge of the fact
that the order was previously refused or conditioned.
(B) Subsequent Motion, Different Facts. If a subsequent application
is made upon an alleged different state of facts, it shall be shown by
affidavit what application was made, when and to what judge, what order or
decision was made thereon, and what new facts are claimed to be shown. Any
order obtained in violation of this section may be set aside.
(5) Motion Dockets.
The civil, dissolution/family law and criminal dockets shall be
conducted on Monday, as more specifically set forth below. If Monday is a
holiday, the dockets will be heard on the following Tuesday.
(A) Civil Motion Docket.
The civil motion docket will begin at 8:30 a.m. at the courthouse in
Montesano. Summary judgment motions, hearings requiring testimony and motions
requiring argument longer than five minutes per side will be heard on Monday
afternoon beginning at 1:30 p.m. All motions requiring an afternoon setting
must be scheduled through the Court Administrator or specially set by a Judge.
(B) Dissolution/Family Law Docket
The dissolution/family law docket will begin at 9:00 a.m. at the
courthouse in Montesano.
(C) Filing, service and scheduling of motions.
(1) In civil and family law cases, all motions and supporting
documents shall be filed and served not later than five days before the time
specified for the hearing. All material in response to a motion shall be filed
and served no later than noon the work day before the hearing date. Bench
copies of all documents relating to a motion should be provided to the judge by
noon the work day before the hearing date.
(2) On the morning motion calendar, the parties shall be limited to
five minutes on each side. At the conclusion of the time limit, argument shall
cease and the matter shall be deemed submitted provided that if the court
desires to hear further argument, it may place the matter at the end of the
motion calendar, set the matter for further argument on the afternoon calendar,
or continue the matter to a specified date.
(3) All matters for the morning calendar shall be noted through the
Clerk's office. All matters for the afternoon calendar shall be set by the
Court Administrator. With the consent of the court and all parties, motions
and hearings may be heard by telephone conference or set on days other than
motion days. Scheduling of such motions and hearings shall be done through the
Court Administrator.
(4) Any motion noted on the afternoon docket will be stricken from
the calendar unless the hearing is confirmed with the Court Administrator in
person or by telephone at 360-249-5311. Such confirmation shall be given no
sooner than the Tuesday before the hearing and no later than noon on the
Thursday prior to the hearing. Confirmation is not required for the morning
docket; however, as a courtesy to the Court, the court clerk should be notified
by noon Thursday of any matter which will not be heard on the Monday morning docket.
(5) Motions may be continued one time by stipulation of the parties.
Motions on the afternoon docket should be continued before the end of the
confirmation period. Additional continuances must be with the approval of the
court. Motions which are not ready to be argued on the day called and which
are not continued shall be stricken subject to being renoted.
(D) Ex Parte Matters. Ex parte matters may be presented to the judge in
chambers. Counsel is responsible for obtaining the court file when presenting
ex parte matters. Lawyers should not ask the court for ex parte orders without
notice to opposing counsel if counsel has appeared either formally or informally.
(E) Reconsideration. A motion for reconsideration shall be submitted on
briefs and affidavits only, without oral argument, unless the trial judge
requests oral argument. The moving party shall file the motion and all
supporting affidavits, documents and briefs at the same time, and on the date
of filing serve on or mail a copy thereof to opposing counsel, and deliver a
copy thereof to the trial judge which copy shall show the date of filing. The
trial judge shall either deny the motion and advise counsel of the ruling or
request responding briefs and direct the movant to note the motion for hearing.
(F) Frivolous Motions. Terms and sanctions may be imposed if the court
finds that any motion or its opposition is frivolous.
(6) Other Motion Dockets. The court shall conduct a motion docket
for paternity cases and default dissolutions on Monday at 1:30 p.m. at the
Juvenile Detention Facility located in Aberdeen, Washington. The domestic
violence protection order petitions will be heard on Monday at 3:00 p.m. at the
courthouse in Montesano. These dockets shall be conducted by the department
not assigned to the civil or criminal docket on that date. (Effective 1/1/12.)
(7) Petitions for Adoption. Uncontested petitions for adoption
shall be scheduled for Monday at 8:15 a.m., to be heard by the department not
assigned to the civil or criminal docket on that date.
RULE 16.
PRETRIAL AND SETTLEMENT PROCEDURES
(b) Settlement Conference. A Judge may order a
settlement conference in any civil case. The attorneys who
will be in charge of each party's case shall attend
personally and shall be prepared to discuss in detail and in
good faith the issues of fact and law remaining, the
evidence pertaining to liability and damages and the
respective positions of the parties on settlement. The
attorneys shall be accompanied by their clients or
representatives possessing authority to settle unless
excused by the judge. 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 that trial on the merits
without consent of all parties.
(c) Pretrial Conference. In all civil cases the court
may order a pretrial conference on its own motion or that of
any party. The order for a pretrial conference should
specify the duties of the parties prior to the conference,
whether attendance by the parties is mandatory, the
information to be submitted prior to the conference, and
items to be discussed at the conference.
RULE 40.
ASSIGNMENT OF CASES
(b) Method. The Court Administrator shall schedule
all trial dates. The moving party shall serve and file a
request for a trial setting substantially in the form set
forth at the end of these civil rules. The opposing party
shall serve and file a similar request. If no response is
received by the Court Administrator within 10 days from
receipt of the moving party's request, the Court
Administrator will schedule the trial. The initial request
for trial setting shall be accompanied by a list of the
names and addresses of all persons entitled to notice. All
parties have the obligation to inform the Court
Administrator promptly of any errors or changes in this
list. It is the responsibility of all sides to a lawsuit as
well as the court, to set a case to be tried within the
"Advisory Case Processing Time Standards." The court may
enter appropriate orders to insure that all cases are
resolved within those time standards.
(1) Scheduling Orders. If no agreed scheduling order
is filed within sixty days after the trial date is assigned,
the Court Administrator, under the supervision of the court,
may set a scheduling order for the case. The scheduling
order should include dates for the disclosure of primary
witnesses and rebuttal witnesses. Other provisions may be
required on a case by case basis.
This pretrial schedule may be amended in writing by the
mutual agreement of the parties.
(i) Disclosure of Primary Witnesses. The date by
which each party shall have disclosed all persons
with relevant factual or expert knowledge whom the
party intends to call at trial.
(ii) Disclosure of Rebuttal Witnesses. The date by
which each party shall have disclosed all persons
whose knowledge did not appear relevant until the
primary witnesses were disclosed and whom the party
reserves the option to call as witnesses at trial.
(iii) Scope of Disclosure. Disclosure of witnesses
under this rule shall include the witnesses name,
address, and phone number, along with a brief
description of the witnesses relevant knowledge.
Disclosure of expert witnesses shall also include a
summary of the expert's opinions and the basis
therefore and a brief description of the expert’s
qualifications.
(iv) Exclusion of Testimony. Any person not disclosed
in compliance with this rule and a scheduling order may
not be called to testify at trial, unless the Court
orders otherwise for good cause and subject to such
conditions as justice requires.
(v) Discovery not Limited. This rule does not modify
a party's responsibility to seasonably supplement responses
to discovery requests or otherwise to comply with discovery
before the deadlines set by a scheduling order.
(d) Trials.
(1) Trial Briefs. Trial briefs shall be filed and
served in all cases. The original copy shall be filed with
the Clerk, with one copy to the Judge and one copy to each
opposing party. Plaintiff's brief shall be served and filed
not less than four days before the trial and Defendant's
brief by noon of the court day before the trial. If a party
serves a brief on the court, copies of the brief shall be
promptly served on all parties.
(2) Jury Trials. Counsel shall report to the Judge at
least one-half hour before the scheduled beginning of a jury
trial and provide the Judge with a written list of the names
and city of residence of witnesses and general voir dire
questions to be asked of the jury. Counsel shall be
prepared to present any final pretrial matters to the court.
Pretrial matters requiring argument shall be noted for
hearing prior to the morning of the trial. Jury trials
should be conducted with minimal interruptions of the jury's
time. To this end, matters which need to be heard outside
the presence of the jury should be anticipated so that they
can be considered during jury breaks or before or after the
jury's day. Unless otherwise ordered or agreed, plaintiffs
shall occupy the counsel table closest to the jury.
(e) Continuances. Motions for trial continuances
shall be in writing. Continuances of trials may be granted
only by a judge in writing for good cause shown.
Continuances shall be to a date certain. Ordinarily no
trial shall be continued for a trial beyond the "Advisory
Case Processing Time Standards" time periods.
(g) Preassignment of Cases.
(1) By the Court. The Judges may select those cases
deemed appropriate for preassignment due to length of trial
or complexity of issues.
(2) By Motion. The parties by stipulation may
request that a case be preassigned, or any party may place a
motion for preassignment upon the appropriate motion
calendar.
(3) Discretionary Act. Preassignment of cases is a
discretionary act. Affidavits of prejudice against the
assigned judge which are not based on actual cause will be
deemed waived unless filed before preassignment.
(4) All Matters to be Heard by Preassigned Judge.
After selection of the trial judge in the preassigned case,
the trial, all motions, conferences and other matters and
proceedings, except settlement conferences, should be heard
before that Judge, if available.
(h) Notice to Court of Calendar and Trial Changes.
Whenever a cause which has been set for trial is settled or
will not be tried for any reason, or if a jury is
subsequently waived, the attorneys shall immediately give
notice to the Court Administrator. If it becomes apparent
that the time allocated for a trial will not be adequate to
complete the trial, the parties shall promptly notify the
Court Administrator of that fact and of the time necessary
to complete the trial. The court may assess actual costs or
other sanctions for a violation of this rule.
RULE 47.
JURORS
(a) Examination of Jurors. The Judge shall examine
prospective jurors in the case, provided that thereafter the
parties will have leave to ask the jurors such supplementary
questions as may be deemed by the Judge proper and
necessary, and within limits set by the court.
(k) Appeals on Written Record. Cases set for jury
trial which are appeals based on a written record which is
read to the jury may be heard without the presence of a
judge or court reporter during the reading of the record.
The rulings of the hearing official will stand unless
objections are renewed before trial. Counsel will meet and
confer before trial and agree as much as possible on the
order of the record and what portions will be read. Counsel
shall notify the trial judge before the jury is empaneled of
those portions of the record upon which the trial judge will
be asked to rule and of any other matters relating to the
reading of the record that need to be resolved prior to trial.
(l) Electronic Data Processing Random Selection. Jury
lists shall be by random selection by properly programmed
electronic data processing system in accordance with RCW
2.36.063 and RCW 2.36.093.
RULE 49.
VERDICTS
(e) Proceedings When Jurors Have Agreed. 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 twenty 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.
RULE 51.
INSTRUCTIONS TO JURY AND DELIBERATION
(b) Submission. Instructions shall be submitted
before the day of the trial in the following manner:
(1) Instructions should be consecutive rather than
each on a separate sheet of paper. One copy of
proposed instructions with citations shall be
provided to the Clerk, Judge and each opposing
counsel.
(2) The trial judge should be provided with a usable
computer disk containing an uncited set of the
proposed instructions.
Washington Pattern Jury Instructions shall be furnished
by the parties. Any modifications to the Pattern Jury
Instructions shall be clearly noted on the annotated copies.
RULE 77.
SUPERIOR COURT AND JUDICIAL OFFICERS
(f) Sessions. The Court shall be in session on all
judicial days from 8:30 a.m. to 12:00 noon, and from 1:15
p.m. to 4:30 p.m. Cases may be set for other dates and
times. Normally jury trials begin at 9:00 a.m. and non-
jury trials begin at 9:30 a.m. In case of conflict, the
cases will be heard according to priority assigned because
of the nature of the case. In event of a conflict which
prevents a trial from beginning as scheduled, parties will
be expected to be available to commence the trial at a later
time in the day or week.
RULE 79.
BOOKS AND RECORDS KEPT BY THE CLERK
(d) Other Books and Records of Clerk.
(1) Exhibits. When a proposed exhibit is marked for
identification it becomes part of the court record and,
except when used in the courtroom or on appeal, shall not be
removed from the Clerk's custody without a court order. No
one shall withdraw exhibits without a court order. After 30
days written notice to all parties of record following final
disposition of a civil cause, the court may order the Clerk
to destroy or dispose of physical evidence unless good cause
is shown why it should be preserved.
Rule 94.
DOMESTIC RELATIONS
(a) Settlement Conference. The Court may order a settlement
conference in any domestic relations case. Also, a party may note a
motion for a settlement conference on the domestic docket. If a
settlement conference is ordered, the attorneys who will be in charge
of each party's case shall attend personally and shall be prepared to
discuss in detail and in good faith the issues of fact and law
remaining, the evidence pertaining to the issues and the respective
positions of the parties on settlement. The attorneys shall be
accompanied by their clients unless excused by the judge. 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 that trial on the merits without
consent of all parties.
(b) Pretrial Conference. In all domestic relations cases, the Court
Administrator will schedule a pretrial conference on the domestic
docket the week before the week the case is scheduled for trial. The
attorneys and/or parties shall attend the pretrial conference to
discuss the status of the case and its readiness for trial.
(c) Statement-Contested Dissolutions. In any action for
dissolution of a marriage in which property division, the parenting plan,
spousal maintenance or child support is an issue, each party shall serve
on the other party and file with the court a written summary setting forth:
(1) Statement of the issues.
(2) A statement of the party's proposed resolution of the issues.
(3) A description and valuation of the assets and
liabilities of the parties, together with a proposed division thereof.
(4) The party's proposed parenting plan.
Each party's written summary must be served and filed no later than
four days before the pretrial conference or settlement conference,
whichever occurs first. Failure to timely serve and file the summary
as required may result in sanctions.
Effective: September 1, 2009.
RULE 1.1
APPLICATION OF RULES
The purpose of mandatory arbitration of civil actions
under RCW 7.06 as implemented by the Mandatory Arbitration
Rules is to provide a simplified and economical procedure
for obtaining the prompt and equitable resolution of
disputes involving claims of $35,000.00 or less. The
Mandatory Arbitration Rules as supplemented by these local
rules are not designed to address every question which may
arise during the arbitration process and the rules give
considerable discretion to the arbitrator. The arbitrator
should not hesitate to be informal and expeditious,
consistent with the purpose of the statute and rules.
RULE 1.2
MATTERS SUBJECT TO ARBITRATION
By implementation of these rules the Superior
Court of Washington for Grays Harbor County authorizes
mandatory arbitration under RCW 7.06.010, and approves
such arbitrations in civil actions in which no party
asserts on the parties own behalf a claim in excess of
$50,000.00 exclusive of interest, attorney fees, and
costs under RCW 7.06.020 as amended. Domestic matters
otherwise qualifying for arbitration shall only be
submitted to arbitration by stipulation of the parties
or by order of the court upon motion of either party.
RULE 1.3
RELATIONSHIP TO SUPERIOR COURT JURISDICTION AND OTHER RULES
(c) Motions. All motions before the court relating to
mandatory arbitration shall be noted on the civil motions
calendar in accordance with Grays Harbor County Local Rules,
except as otherwise provided in these arbitration rules.
RULE 2.1
TRANSFER TO ARBITRATION
(a) Statement of Arbitrability. In every civil case
the party filing the note for trial shall complete a
statement of arbitrability substantially in the form
attached to the civil rules.
(b) Response to Statement of Arbitrability. Any party
disagreeing with the statement of arbitrability shall serve
and file a response to the statement of arbitrability with a
copy of the statement of arbitrability and note for trial
setting objected to within ten days of the service of the
statement of arbitrability and note for trial setting. A
copy of both the statement and response shall be furnished
to the court administrator by the responding party at the
time of filing so that an objection calendar may be
prepared. In the absence of such a response, the statement
of arbitrability shall be deemed correct, and a
nonresponding party shall be deemed to have stipulated to
arbitration if the statement of arbitrability provides that
the case is arbitrable. Otherwise, the case will not be
subject to arbitration except by stipulation of the parties
or court order and will be set for trial on the trial
calendar.
(c) Failure to File--Amendments. A person failing to
serve and file an original response within the times
prescribed may later do so only upon leave of the court. A
party may amend a statement of arbitrability or response at
any time before assignment of an arbitrator thereafter only
upon leave of the court for good cause shown.
(d) By Stipulation. If all parties file a stipulation
to arbitration under MAR 8.1 the case will be placed on the
arbitration calendar regardless of the nature of the case or
amount in controversy.
RULE 3.1
QUALIFICATIONS
(a) Arbitration Panel. There shall be a panel of
arbitrators in such numbers as the administrative committee
may from time to time determine. A person desiring to serve
as an arbitrator shall complete an application on a form
prescribed by the court. A copy of said application of a
person appointed as an arbitrator will be available upon
request by any party and will be mailed to a requesting
party at the party's own expense. The oath of office on the
form prescribed by the court must be completed and filed
prior to an appointed applicant being placed on the panel.
An arbitrator must be a member of the Washington State Bar
Association and have been admitted to the bar for a minimum
of five years or be a retired judge.
(b) Refusal: Disqualification. The appointment of an
arbitrator is subject to the right of that person to refuse
to serve. An arbitrator must notify the presiding judge or
designee immediately if refusing to serve or if any cause
exists for the arbitrator's disqualification from the case
upon any of the grounds of interest, relationship, bias or
prejudice set forth in CJC Canon 3 governing the
disqualification of judges. If disqualified, the arbitrator
must immediately return all materials in a case to the
presiding judge or designee.
RULE 3.2
AUTHORITY OF ARBITRATORS
An arbitrator has the authority to:
(a) Determine the time, place and procedure to present
a motion before the arbitrator.
(b) Require a party or attorney advising such party or
both to pay the reasonable expenses, including attorney's
fees, caused by the failure of such party or attorney or
both to obey an order of the arbitrator unless the
arbitrator finds that the failure was substantially
justified or that other circumstances make an award of
expenses unjust. The arbitrator shall make a special award
for such expenses and shall file such award with the clerk
of the superior court, with proof of service on each party.
The aggrieved party shall have 10 days thereafter to appeal
the award of such expense in accordance with the procedures
described in RCW 2.24.050. If within 10 days after the
award is filed no party appeals, a judgment shall be entered
in a manner described generally under MAR 6.3.
(c) Award attorney's fees as authorized by these
rules, by contract or by law.
(d) Arbitrators shall have immunity to the same extent
as provided for superior court judges in Washington State.
RULE 4.2
DISCOVERY
(a) 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
determined by the arbitrator.
(b) Discovery Pending at the Time Arbitrator is
Assigned. Discovery pending at the time the case is
assigned to an arbitrator is stayed pending order from the
arbitrator or except as the parties may stipulate or except
as authorized by MAR 4.2.
RULE 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
considering available dates indicated by the parties. The
arbitrator may grant a continuance without court order. The
parties may stipulate to a continuance only with the
permission of the arbitrator. The arbitrator shall give
reasonable notice of the hearing date and any continuance to
the presiding judge or designee.
RULE 5.2
PREHEARING STATEMENT OF PROOF
(a) Generally. In addition to the requirements of MAR
5.2, each party shall also furnish the arbitrator with
copies of pleadings and other documents contained in the
court file which that party deems relevant. The court file
shall remain with the county clerk. The arbitrator shall
strictly enforce the provisions of MAR 5.2 and is encouraged
to withhold permission to present evidence at time of
hearing if the parties have failed to comply with this rule.
(b) Depositions. Parties are urged to provide
arbitrators with copies of depositions or appropriate
excerpts to assist in expediting the process.
RULE 6.2
FILING OF AWARD
(a) Extensions of Time. A request by an arbitrator
for an extension of time for the filing of an award shall be
presented to the court administrator, which will gain
authorization from the Administrative Committee. The
arbitrator shall give the parties notice of any extension
granted. Recurring delays in the filing of awards will
result in the removal of the arbitrator from the panel.
(b) Return of Exhibits. When an award is filed, the
arbitrator shall return all exhibits to the parties who
offered them during the hearing.
RULE 6.3
JUDGMENT ON AWARD
(a) Presentation. A judgment on an award shall be
noted for presentation on the Superior Court motion docket,
by any party, on notice in accordance with MAR 6.3.
RULE 7.1
REQUEST FOR TRIAL DE NOVO
(a) Service and Filing. The request for trial de novo
shall be accompanied by a request for trial setting.
(b) Calendar. When a trial de novo is requested as
provided in MAR 7.1(a) and LMAR 7.1(a), trial shall be set
by the court administrator.
RULE 7.2
PROCEDURE AT TRIAL
The clerk shall seal any award if a trial de novo is
requested. All parties to an arbitration proceeding shall
be parties at the trial de novo unless stipulated otherwise
among the parties.
RULE 8.1
STIPULATIONS
(b) To Arbitrate Other Cases. If a case not otherwise
subject to mandatory arbitration is transferred to
arbitration by stipulation, the arbitrator may grant any
relief which could have been granted if the case were
determined by a judge.
RULE 8.4
TITLE AND CITATION
These rules are known and cited as the Grays Harbor
County Superior Court Mandatory Arbitration Rules. LMAR is
the official abbreviation.
RULE 8.6
COMPENSATION OF ARBITRATOR
(a) Generally. Arbitrators shall be compensated at a
rate to be set by the state. This compensation shall not
exceed $500.00 without receiving prior approval from the
Arbitration Administrative Committee. Requests to exceed
the $500.00 limit shall be submitted in advance if possible
to the arbitration director who will present the request to
the committee. In situations where the arbitrator goes over
the limit without gaining prior approval, a written
explanation shall be attached to the arbitrator's request
for compensation. Hearing time and reasonable preparation
time by the arbitrator are compensable. Arbitrators may be
reimbursed a sum not to exceed $25.00 for costs incurred.
(b) Form. When the award is filed, the arbitrator
shall submit to the Court Administrator a request for
payment on a form prescribed by the court. The Court
Administrator shall screen these requests, consult with the
committee in unusual circumstances, and process the
compensation requests for payment.
RULE 8.7
ADMINISTRATION
(a) Court Administrator. The Court Administrator,
under the supervision of the superior court judges, shall
supervise arbitration under these rules and perform any
additional duties which may be delegated by the judges.
(b) Administrative Committee. There shall be an
administrative committee composed of the Superior Court
Judges and two members of the Washington State Bar
Association, chosen by the Grays Harbor County Bar
Association. The bar members of the committee shall serve
for staggered two-year terms and may be reappointed. Terms
of the initial committee members shall be determined by lot.
(c) Administrative Committee - Duties. The
administrative committee shall have the power and duty to:
(1) Select its chairperson and provide for its
procedures;
(2) Select and appoint the panel of arbitrators
provided in Rule 3.1(a);
(3) Remove a person from a panel of arbitrators;
(4) Establish procedures for selecting an arbitrator
not inconsistent with the Mandatory Arbitration
Rules or these rules;
(5) Review the administration and operation of the
arbitration program periodically and make
recommendations as it deems appropriate to improve
the program.
RULE 3.1
RIGHT TO AND ASSIGNMENT OF COUNSEL
(d) Assignment of Counsel. Appointment of counsel for indigent defendants shall
be made by the court at the preliminary appearance. The clerk shall notify the
appointed attorney and the attorney shall file a written notice of appearance.
The Prosecuting Attorney shall promptly provide defendant or defense counsel a
copy of the information or other charging document.
RULE 3.2
RELEASE OF ACCUSED
(b) Relevant Factors. In applying for pretrial release, a defendant should be
prepared to provide the court with information under CrR 3.2(b) and other
relevant information subject to the right of the defendant not to give evidence
of an incriminating nature against himself. An application form will be
available in the courtrooms.
RULE 3.3
TIME FOR TRIAL
(f) Setting of Trial Date. The state shall obtain a trial setting from the
court administrator within fifteen days of arraignment. All parties should
provide the Court Administrator with available dates and the estimated length
of trial no later than ten days following arraignment.
RULE 3.4
PRESENCE OF THE DEFENDANT
(a) When Necessary. The defendant's presence is necessary at the pretrial conference.
RULE 4.5
OMNIBUS HEARING
(b) Time. At arraignment, an order shall be entered fixing a time and date for
an Omnibus Hearing under CrR 4.5, which hearing generally will be set for the
second or third motion docket following the date of arraignment.
(d) Motions and Other Papers.
(1) How Made. The moving party shall note motions in a timely manner so that
all hearings and motions (other than final pretrial motions which can be
completed before the time the trial is set to begin) will be heard at least
seven days prior to the date of trial. Failure to timely note motions for
hearing in accordance with this rule may be deemed a waiver of the pretrial
hearing on such motions. The civil rules relating to motions and hearings (LCR
7) apply to criminal cases.
(2) Counsel shall submit briefs when the court's ruling upon the motion would
be facilitated by the submission of legal authority in support of, or in
opposition to, the pending motion. The brief of the moving party shall be
submitted not less than 3 days before the scheduled hearing, and the brief of
the responding party shall be filed on or before the day of the hearing. Copies
of all motion briefs shall be submitted to the judge who has been assigned to
hear the motion.
(3) Reapplication on Same Facts. When an order has been applied for and refused
in whole or in part or has been granted conditionally and the condition has not
been performed, the same application for an order shall not be presented to
another judge without advising the second judge of the fact that the order was
previously refused or conditioned.
(4) Subsequent Motion, Different Facts. If a subsequent application is made
upon an alleged different state of facts, it shall be shown by affidavit what
application was made, when and to what judge, what order or decision was made
thereon, and what new facts are claimed to be shown. Any order obtained in
violation of this section may be set aside. (Effective 9/1/10)
(h) Memorandum. The parties may submit an agreed order on omnibus. If an agreed
order will not be submitted, each party shall prepare and submit an omnibus
application substantially in the form set forth in Criminal Rules for Superior
Court on or before the time set for the omnibus hearing. It is not necessary to
make separate written motions where such motions have been checked on the
party's omnibus application. The moving party shall note such motions for
hearing in accordance with these rules. Briefs and supporting documents shall
be submitted as required by LCR 4.5 (d)(2). (Effective 9/1/10)
RULE 4.9
PRETRIAL CONFERENCE
When a case is set for trial the court administrator
shall assign a date for a pretrial conference which shall be
at least two weeks prior to the trial date. Pleas of guilty
should be entered by the pretrial conference. The court may
refuse to grant a discretionary reduction or dismissal of
charges or counts if a plea is entered after the time for
the pretrial conference. Unless excused by the court the
defendant's presence is required at the pretrial conference.
If the defendant fails to appear at the pretrial conference
the court may strike the trial date and issue a warrant for
the defendant's arrest.
RULE 6.1
TRIAL BRIEFS
Trial briefs shall be filed and served in all cases. The original copy shall be
filed with the Clerk, with one copy to the Judge and one copy to each opposing
party. The prosecuting attorney's brief shall be served and filed not less than
four days before the trial and Defendant's brief by noon of the court day
before the trial. If a party serves a brief on the court, copies of the brief
shall be promptly served on all parties. (Effective 9/1/10)
RULE 6.2
JURY TRIALS
Counsel shall report to the Judge at least one-half hour before the scheduled
beginning of a jury trial and provide the Judge with a written list of the
names and city of residence of witnesses and general voir dire questions to be
asked of the jury. Counsel shall be prepared to present any final pretrial
matters to the court. Pretrial matters requiring argument shall be noted for
hearing prior to the morning of the trial. Jury trials should be conducted with
minimal interruptions of the jury's time. To this end, matters which need to be
heard outside the presence of the jury should be anticipated so that they can
be considered during jury breaks or before or after the jury's day. Unless
otherwise ordered or agreed, plaintiffs shall occupy the counsel table closest
to the jury. (Effective 9/1/10)
RULE 6.3
INSTRUCTIONS TO JURY
(1) Proposed instructions shall be submitted at least two working days before
the day of the trial by serving one copy upon counsel for each party, by filing
one copy with the clerk of court, and by delivering the original and one copy
to the trial judge.
(2) Instructions should be formatted as a consecutive set, rather than each on
a separate sheet of paper.
(3) The trial judge should be provided with an electronic copy of the proposed
instructions in WordPerfect format, containing an uncited set of the proposed
instructions. These electronic copies may be sent by e-mail to the Court Administrator.
(4) Washington Pattern Jury Instructions shall be furnished by the parties. Any
modifications to the Pattern Jury Instructions shall be clearly noted on the
annotated copies. (Effective 9/1/10)
RULE 6.4
SANCTIONS
If a party fails to comply with these rules regarding trial procedures, the
court may impose monetary sanctions, or enter such other orders, as the court
deems appropriate to address and remedy the failure to comply. (Effective 9/1/10)
RULE 7.
PROCEDURES FOLLOWING CONVICTION
(d) Other Reports -- Counsel's Presentence Reports.
All counsel shall submit written presentence reports to the
court no later than noon on the court day preceding sentencing.
RULE 7.2
SENTENCING
(e) Work Release. Defendants requesting work release
shall submit an application, a form for which will be
available in the courtrooms. Work release application shall
be submitted to the correction facility staff for comment
before being submitted to the court for approval.
(f) Release of Information. Whenever a person is
allowed to receive credit against a jail sentence for time
spent in a place other than the Grays Harbor County Jail,
the County Correction Department may require the person to
complete an appropriate release of information form so that
the correction staff can fully monitor the time served.
RULE 1.
COURT SCHEDULE AND DOCKETS
Juvenile court proceedings are generally held at the Grays Harbor County Juvenile
Facility located at 2701 Hagara, Aberdeen, with dockets scheduled as follows:
Dependency cases Wednesday at 9:00 a.m.
Truancy & At-risk (Hoquiam) Thursday at 8:30 a.m.
Truancy & At-risk (Aberdeen) Friday at 8:30 a.m.
Truancy & At-risk dockets for all other school districts will be held on alternating
Tuesdays at 8:30 a.m. (Effective 9/1/10)
RULE 1.6
COUNSEL
Insofar as applicable, the rules relating to
appointment of counsel, withdrawal and fees in criminal
cases shall likewise apply to juvenile cases. No
attorney for parent or child, whether privately retained or
appointed, shall be permitted to withdraw without court approval.
RULE 8.1
NOTING FOR HEARING
At the time of the filing of appellant's brief, the
appellant shall also note the matter for hearing on the
motion docket for a hearing date not less than 30 days from
the date of filing of appellant's brief. The hearing
should be set for no later than five months after the date
the appeal is taken.
LGALR 1
SCOPE AND DEFINITIONS
1(b) Definitions. As used in this rule, the following additional term means:
(5) Client. "Client" for purposes of these rules shall mean the
person(s) for whom the guardian ad litem has been appointed.
1(c) Appointment of Guardian Ad Litem. Unless the parties to the
case agree on the appointment of a specific guardian ad litem, the judge shall
select a guardian ad litem from the applicable registry as required. For Title
13 cases, the court shall appoint the individual or individuals to whom the
Grays Harbor County contract for service as a guardian ad litem in dependency
actions is currently awarded unless a conflict exists. Where a conflict exists
in such actions, the court shall then appoint a guardian ad litem who has met
all other qualifications for inclusion on a Title 13 GAL registry. For Title
26 paternity cases requiring appointment of a guardian ad litem who has entered
into a contract with the State of Washington to provide such services, the
court shall only appoint individuals who have are currently under contract with
the state to provide such services.
LGALR 2
GENERAL RESPONSIBILITIES OF THE GUARDIAN AD LITEM
The general responsibilities of guardians ad litem operating in this
county shall be consistent with the state rules with the following
clarifications and additions:
(a) Represent best interests. A GAL who is also an attorney may, however,
answer simple procedural questions of another party who is unrepresented by
counsel to facilitate clarity in the proceedings.
(m) Ex parte communications. During the pendency of a case, a guardian ad
litem shall communicate privately with the judge only be for purposes of
obtaining special instructions from the judge as to the scope of the guardian
ad litem's investigation, to communicate an agreement of the parties, to
present agreed orders, to obtain an ex parte restraining order or ex parte
contempt show cause order for the protection of the guardian ad litem's client,
to obtain access to sealed or confidential court files, or in an emergency
situation to protect the life of the guardian ad litem's client. In all such
cases, the GAL should notify the parties or their counsel of such
communications and the content of same within a reasonable period of time.
(q) Records of time and expenses.
(1) For Title 11 and 26 cases where the county guarantees payment of the
guardian ad litem fees and costs, the guardian ad litem shall file with the
court a notice and motion in the form prescribed by the court with an itemized
statement for payment of the guardian ad litem fees and provide a copy of same
to each party.
(2) For Title 13 cases where the county guarantees payment of the guardian ad
litem fees and costs, the guardian ad litem shall file with the court a
petition and proposed order with an itemized statement for payment of said fees
and costs.
(3) For paternity cases where the state guarantees payment of the guardian ad
litem fees and costs, the guardian ad litem shall complete the form provided by
the state and attach an itemized statement and submit same to the Grays Harbor
County Deputy Prosecuting Attorney for the Office of Support Enforcement within
sixty days of entry of final orders.
(4) For private pay cases, the guardian ad litem shall either submit an
invoice and itemized statement to the parties for payment or submit a notice,
motion and itemized statement to the court for entry of a judgment and order
for payment of fees.
At any time during the course of an active case, any party may request an
itemized statement from the guardian ad litem of the fees and costs incurred to
date which the guardian ad litem shall provide within ten working days. For
cases where the county guarantees payment of the guardian ad litem fees and
costs, to avoid additional charges for court appearances and related costs to
prepare such documents, the notice and motion or petition for payment may be
made at the end of the case rather than as progressive motions at the
discretion of the guardian ad litem.
LGALR 3
ROLES AND RESPONSIBILITIES OF GUARDIAN AD LITEM IN TITLE 13 RCW JUVENILE
COURT PROCEEDINGS
3(b) Concurrent planning. In Title 13 RCW juvenile court proceedings, a
guardian ad litem shall explore concurrent planning and make a timely
recommendation to the court for a permanent plan for the child. In order to
accommodate the guardian ad litem's duties in Title 13 RCW juvenile court
proceedings, the guardian ad litem shall be timely notified of and invited to
all Department staffings, meetings, and other proceedings involving the
dependency and shall be provided access to and/or copies of all documentation
in the possession of the Department involving the parties to the dependency
within thirty days of the appointment of the guardian ad litem and at no cost
to the guardian ad litem subject to the Department's responsibility to redact
certain identifying information as set forth in Title 13 RCW.
LGALR 5
APPOINTMENTS OF GUARDIAN AD LITEM
5(a) Meeting the minimum qualifications necessary to be eligible for
inclusion on any Grays Harbor County guardian ad litem registry does not
guarantee that an individual will be approved for such inclusion. The Grays
Harbor Superior Court judiciary reserves the right to reject any applicant.
LGALR 7
GRIEVANCE PROCEDURES
7.1 Purpose statement.
The procedure for handling grievances and/or imposing discipline against a
guardian ad litem provided hereunder are intended to facilitate a process which
is fair, expedited, and protective of all participants.
7.2 Procedure for Filing a Grievance.
7.2.1 Filing the Grievance. Only a party to a case may file a grievance
against a guardian ad litem. The grievance must be in writing and filed with
the Court Administrator. The complaint must state with specificity the act or
failure to act of concern to the complaining party and shall include the
following information:
(a) The name, mailing address, telephone number, and e-mail address (if any)
of the person filing the grievance;
(b) The case number and case name;
(c) The name of the judge or court commissioner hearing the case;
(d) The trial date;
(e) Whether the party filing the grievance has discussed the complaint with
the guardian ad litem;
(f) What action the guardian ad litem has taken to address the complaint;
(g) Which provision of the Order Appointing Guardian Ad Litem or of these rules the
party filing the grievance is claiming the guardian ad litem has violated;
(h) A brief, concise statement of the specific facts underlying each alleged violation;
(i) What the party filing the grievance is requesting be done to correct the
problem complained of and why.
7.2.2 Grievances Filed During the pendency of a Case.
(a) If the grievance pertains to a pending case or if trial in the pending
case is underway, the Court Administrator shall, within three business days of
receipt, forward the grievance to the presiding or assigned judicial officer to
handle the grievance with a copy being sent to the affected guardian ad litem.
(b) Within three business days of receiving the grievance, the judicial
officer shall make an initial determination of whether or not there is adequate
cause to proceed with the grievance.
(c) If the initial determination is that the grievance is without adequate
cause, the matter will be closed and all parties will be so notified. The
grievance shall be held as a confidential, sealed record in the files of the
Court Administrator for six years following dismissal of the grievance unless
specifically directed otherwise by the judicial officer making the initial determination.
(d) If the initial determination is that there is adequate cause to proceed
with the grievance, the guardian ad litem shall be allowed to file a response
to the grievance within fourteen days of receiving notice from the court by
forwarding a copy of the response to the complaining party with the original
response being sent to the Court Administrator who will deliver same to the
judicial officer making the initial determination.
(e) Upon receipt of the response from the guardian ad litem or upon passage of
the fourteen day response period, whichever is sooner, the judicial officer
shall review the response and thereafter issue a final written or oral
disposition of the matter no later than twenty-five days following the filing
of the grievance. The original copy of a written disposition or a transcript
of an oral disposition shall be placed in the grievance file with copies of the
written disposition being forwarded to the complaining party and to the
guardian ad litem.
(f) If the final written disposition is that the grievance should be
dismissed, the procedure with regard to retention of the grievance set forth in
paragraph 7.2.2(c) above shall be followed. If, as part of the final
disposition, there has been a finding that the grievance was not brought in
good faith or was otherwise frivolous or designed to impact the pending
proceedings through increased costs to the other party or guardian ad litem,
terms in the form of costs or other sanctions may be imposed against the
grieving party.
(g) If the final written disposition is that the grievance was brought in
good faith and has been determined to be well-founded, there shall be a method
of discipline to be imposed upon the guardian ad litem set forth in the
disposition which shall take effect immediately. Accepted forms of discipline
shall consist of one or more of the following: (1) a verbal or written
reprimand, (2) removal from the pending case; (3) suspension of the guardian ad
litem from the registry for a period not to exceed ninety days, (4) suspension
of the guardian ad litem from the registry until such time as the guardian ad
litem has provided satisfactory proof of completing additional training in a
specific area described in the disposition, (5) imposition of terms in the form
of costs or other monetary sanctions, and/or (6) permanent removal of the
guardian ad litem from the registry for Title 11, Title 13, and/or Title 26
cases. If the discipline imposed is permanent removal from any guardian ad
litem registry, notification of same shall be forwarded to the Office of the
Administrator for the Courts for circulation to other counties. The
confidential file of the grievance shall include the original grievance, the
guardian ad litem's response, and the written initial and final dispositions of
the matter and shall be maintained by the Court Administrator for a period for
no less than six years.
(h) Timelines stated herein may be modified by the judicial officer for
good cause. In calculating times, items mailed shall be deemed received by
the addressee three days after the date of mailing.
7.2.3 Grievances Filed After the Conclusion of a Case or After Discharge of
the Guardian Ad Litem.
If the grievance pertains to a case in which final orders have been entered or
an order discharging the guardian ad litem has been entered, the Court
Administrator shall, within five business days, forward the grievance to the
judicial officer who presided over the trial in the case or who signed the
final orders/order of discharge with a copy to the affected guardian ad litem.
Thereafter, the procedures set forth in section 7.2.2 shall be followed except
that five additional business days shall be added to each subsequent deadline
indicated in that section.
EXHIBIT 1 NOTE FOR TRIAL AND INITIAL STATEMENT OF ARBITRABILITY The contents of this item are only available on-line.
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