Klickitat/Skamania Superior Court Local Court Rules Table of Contents 1 Court Schedule 2 Sessions, Hours and Recesses 3 Court Files; Return Mail 4 Law and Motion Docketing 5 Law and Motion Calendar 6 Pre-Trial Status and Settlement Conferences 7 Domestic Relations 8 Motions for Summary Judgment 9 Trials (Civil) 10 Criminal Rules 11 General Rules 12 Financial Responsibility for Cost of Juvenile Detention 13 Waiver of Age to Marry 14 Fee for Petition for Emancipation 15 Record of Proceedings 16 Mandatory Arbitration 17 Mandatory Parenting Seminars 18 Juvenile Offender Status Conferences 19 Books and Records Kept by the Clerk 20 Names of Minor Children on Court Documents 21 Guardianships Table of Exemplars 1 Pre-Trial Order 2 Notice Re: Arraignment Date; Omnibus Hearing Date; Trial Date; Time Elapsed From Arraignment To Trial; and Time Limits 3 Order Setting Status Conference 4 Status Conference Report 5 Note for Trial Setting/Certificate of Readiness/Statement of Arbitrability 6 Request for and Order Appointing Legal Counsel 7 Waiver of Speedy Trial 8 Response To Statement of Arbitrability 9 Arbitration Award 10 Pre-Trial Statement of 11 NOtice of Loss of Votings Rights 12 Order Restoring Voting Rights
RULE NO. 1 I.Court Schedule A. The Court schedule in Klickitat/Skamania Judicial District shall be as follows: 1. Klickitat County a. Criminal Motion Days: 1st, 3rd and 5th Mondays of each month. Juvenile offenders will be scheduled on the 2nd Monday and 1st, 3rd and 5th Thursdayof each month. Time certain motions to be set by the Court Administrator. Where holidays conflict, motions will be heard on the next judicial day or as otherwise ordered. b. Civil Motion Days: 1st, 3rd and 5th Tuesdays of each month. Time certain matters will be heard in the afternoon and set by the Court Administrator. Court Commissioner will hear civil motions on the Thursday of the second full week of each month. c. Juvenile Dependencies: Tuesday of the second full week of each month and such other days as ordered by the Court. 2. Skamania County: a. Motion Days: Thursday on weeks beginning with 2nd, 4th and 5th Mondays of each month; where holidays conflict, motions will be heard on the next judicial day or as otherwise ordered. Time certain motions to be set by the Court Administrator. b. Juvenile Days: The Court will sit in Juvenile Court session regularly on the 1st Wednesday after the 2nd Monday of each month and such other days as set by the Court. (Adopted effective September 1, 1996)
Rule 2. Sessions, Hours and Recesses I. Sessions, Hours and Recesses A. There shall be one continuous session of Court from January 1st to December 31st of each year. B. Court will be in session on all judicial days as designated by the State Supreme Court except during recesses herein prescribed, unless otherwise ordered. C. Except as set forth in Rule No. 5, Court hours will be as follows: Skamania County - 9:00 AM - 12:00 noon, 1:30 PM - 5:00 PM; recesses of 15 minutes each will be called at approximately 10:30 AM and 3:00 PM. Klickitat County - 9:30 AM - 12:00 noon, 1:30 PM - 5:00 PM; recesses of 15 minutes each will be called at approximately 10:45 AM and 3:00 PM. D. December 24th to January 2 shall be Winter Holiday recess and no contested cases or matters will be set for trial or tried during said period except by consent of the parties and the Court, or by order of the Court. During Winter Holiday recess, law and motion days shall be scheduled at the direction of the Court, and motions duly noted shall be regularly heard. (Adopted effective September 1, 2009)
RULE NO. 3 I. Court Files; Return Mail A. No files may be removed from the Clerk's office without the express permission of the Clerk or the Clerk's designee. B. A file or files taken from the Clerk's office by an attorney or title company with permission shall be returned within 24 hours, or before, if so requested by the Judge, Court Commissioner or Clerk of the Court. C. The Clerk will not permit files to be taken from the Clerk's office by attorneys or title companies not complying with this rule. D. If an attorney or any other person requests, from the Clerk, an answer to correspondence and/or confirmation of any pleading or other documents, the attorney or person so requesting shall furnish a self-addressed stamped envelope for the Clerk's convenience. (Adopted effective September 1, 1996)
RULE NO. 4 I.Law and Motion Docketing A. Skamania County: A citation or request for placement of any matter on the regularly scheduled motion calendar shall be in writing and filed with the Clerk before 5:00 PM on the Monday preceding any regularly scheduled motion calendar or on the third day preceding any specially scheduled motion calendar. B. Klickitat County: A citation or request for placement of any matter on the regularly scheduled motion calendar shall be in writing and filed with the Clerk before noon on the Friday preceding a Tuesday calendar or by noon on the second day preceding any specially scheduled motion calendar. Criminal motions shall be filed with the Clerk before noon on the Thursday preceding a Monday criminal calendar. C. Matters not regularly noted on the motion calendar will not be heard except by consent of all parties and the Court and then heard only after all matters regularly noted shall be called and disposed of. Nothing in this rule should be interpreted as affecting the notice of Civil Rules for Superior Courts or Criminal Rules for Superior Courts. II. Telephonic Argument A. Telephonic arguments are discretionary with the Court and may be authorized upon the following conditions: 1. Express approval is obtained by the Judge who is hearing the motion 2. One or more of the attorneys' offices are outside the County where the motion is filed. 3. All counsel agree to the telephonic argument or the telephonic argument is ordered by the Court 4. The party requesting telephonic argument shall be responsible for initiating and paying for the conference call B. Telephonic arguments will not be reported or recorded unless request is made twenty-four hours in advance to the Court Administrator, or as otherwise ordered by the Court. (Adopted effective September 1, 1996)
RULE NO. 5 I. Law and Motion Calendar A. In Skamania County the criminal motion calendar shall be heard commencing at 9:00 AM and the civil motion calendar shall be heard at 1:30 PM. Ex parte matters and adoptions will be heard at 8:30 AM in chambers. Pro se non-contested dissolutions and protection order petitions will be heard at 9:00 AM on the Friday after the criminal/civil motion day. B. In Klickitat County the criminal and civil motion calendars shall be heard commencing at 9:30 AM. Ex parte matters and adoptions will be heard at 9:00 AM on the civil motion day in chambers. Pro se non-contested dissolutions and protection order petitions will be heard at 3:00 PM on the civil motion day. C. Presentation of Law and Motion matters shall be limited to a hearing time of ten (10) minutes for each side. Matters requiring argument longer than above prescribed shall be scheduled on a special hearing date to be set by the Court Administrator. D. Ex parte matters may be heard in chambers on any judicial day (preferably on Motion Days) before Court is convened or after Court is recessed. These matters need not be noted for placement on the Clerk's docket. E. Probate matters may be submitted to the Court in chambers and shall not require testimony except as ordered by the Court upon application or as required by statute. Probate matters in which the Court is requested to find that procedural steps have been taken shall be accompanied by the Court file when presented. (Adopted effective September 1, 1996) F. All hearings that are to be held in courts outside of the county where the case has been filed shall be coordinated through the Klickitat/Skamania County Court Administrator. The Court Administrator shall then notify the clerk in which the case has been filed of the out-of-county hearing date and time. (Adopted effective September 15, 2000)
RULE NO. 6 PRE-TRIAL STATUS AND SETTLEMENT CONFERENCES I. Civil Pre-Trial Conferences A. In all civil cases the Court may order a pre-trial conference on its own motion or that of any party. Pre-trial conferences in domestic relations cases are governed by Rule No. 7. The purpose of the pre-trial conference is to consider: 1. The simplification of the issues; 2. The necessity or the desirability of amendments to pleadings; 3. The possibility of obtaining admissions of fact and of documents which will void unnecessary proof; 4. The list of witnesses (including experts) which each party intends to call; and 5. Such other matters as may aid in the disposition of the action B. Unless otherwise ordered by the Court all pre-trial conferences shall be conducted at least two weeks before trial. C. Attorneys for all parties shall personally attend the pre-trial conference unless the Court orders the conference to be heard by telephone. D. The pre-trial conference shall be conducted by the Judge informally and shall not be recorded unless so ordered. E. Any joint proposed or final pre-trial order shall be substantially in the form of exemplar No. 1. II. Criminal Pre-Trial Status Conferences Repealed - Effective September 1, 2009 III. Civil Settlement Conferences A. Settlement conferences are encouraged but are voluntary and may be requested by any party. B. A party requesting a settlement conference shall do so when requesting a trial date. C. The Court Administrator shall designate the settlement conference Judge and shall set the date for the settlement conference at least two weeks prior to the trial date. 1. Settlement conferences may be held before a Court Commissioner, Judge or Pro-Tem Judge as determined by the Court. D. All attorneys, parties including representatives from any insurer shall be personally present or immediately available to the attorneys representing them by telephone. E. Proceedings of the settlement conference shall be privileged and not reported or recorded. No party shall be bound unless a settlement is reached. When a settlement has been reached, the Judge may, in his or her discretion, order the settlement agreement to be recorded or reported. The Judge or Commissioner, presiding over a settlement conference, shall be disqualified from acting as a Trial Judge in the matter unless all parties otherwise agree in writing or in open Court on the record. (Adopted effective September 1, 1996)
RULE NO. 7 DOMESTIC RELATIONS I. Motions for Order Pending Trial A. Local Rules 4 and 5 shall be followed for all motions and hearings on orders to show cause, except when an opposing party has not appeared in person or by an attorney, and except when temporary restraining orders are sought under CR 65. B. Hearings in respect to temporary orders in domestic relations cases other than involving child custody shall be heard only upon affidavits. Testimony shall be allowed only by special permission of the Court, granted prior to the hearing. 1. The affidavits of the moving party shall be filed and served in the manner provided in LR 8 and other Rules of the Court. Responding affidavits and work sheets shall be served and filed no later than one day prior to the hearing unless the Court permits a later service and filing. C. Residential Placement 1. Any motion concerning the temporary residential placement of children must be accompanied by a proposed parenting plan, unless one has been previously filed and serve D. Hearings involving questions of residential placement of a child requiring testimony shall be set on a date and time certain upon the request made to the Court Administrator. D. Temporary Child Support 1. Any motion for temporary child support must be accompanied by a completed and signed child support work sheet in the form approved by the State Office of the Administrator for the Courts. E. Temporary Maintenance or Attorney's Fees 1. Any motion for temporary maintenance or attorney's fees must be accompanied by an affidavit or sworn statement with information including a list of monthly living expenses, debts, employment information for the parties and net income of the parties. If a party is unemployed, the information shall indicate the length of unemployment and reasons why the party is unemployed and when and how much unemployment compensation, if any, will be received. II. Child Support A. The Washington State Child Support Schedule now in effect or as hereafter revised shall be used by the Court and counsel in all matters involving child support whether temporary or permanent unless good cause to deviate from it is established. III. Non-Contested Dissolutions A. Any non-contested dissolutions, separations, or invalidity action decrees, which have been approved for entry by both parties, or their counsel, may be presented for final hearing by setting the same on the regular civil motion calendar. Oral testimony will not be required at such hearings. Presentation of such agreed decrees may be by mail to the Clerk of the Court, however, the Judge or Court Commissioner hearing such ex parte matters may require that oral testimony or affidavits be provided prior to the entry of the final decree. IV. Contested Dissolution Actions A. In any action for dissolution of marriage, separation, or declaration of invalidity in which property division, 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 parties' proposed resolution issues 3. A description and value of the assets and liabilities of the parties together with a proposed division thereof 4. The parties' proposed parenting plan 5. Child support worksheet 6. Financial affidavit showing the income and expenses per month of the parties Petitioner's summary must be served and filed no later than ten days before the pre-trial conference, settlement conference, or trial date whichever occurs first. Respondent's summary shall be filed and served no later than five days before the pre-trial conference, settlement conference, or trial date whichever occurs first. Failure to timely file and serve the summary as required may result in appropriate sanctions which may include striking the trial settings and/or imposition of terms for any delay or inconvenience caused by the Court, counsel or other party. V. Modification of Decree of Dissolution, Separation or Invalidity A. Every action to modify a decree of dissolution, separation or invalidity shall be initiated by the filing of a properly verified petition to be entitled the same as the original decree sought to be modified. B. If the petition to modify relates only to support, maintenance or minor adjustments to the parenting plan, then it shall be heard upon the pleadings only unless the petitioner has obtained leave of the Court to hear the matter upon oral testimony; however, if the petition to modify pertains to major adjustments to the parenting plan then it shall be heard upon oral testimony unless both parties stipulate that it may be heard on affidavits. In any case involving the modification of a parenting plan where the original plan provides for alternate dispute resolution, a petition to modify said plan shall state whether alternate dispute resolution has been exhausted. The Court shall not modify a decree unless the alternate dispute resolution process has first been exercised in good faith. Failure to participate in the alternate dispute process in good faith may result in the imposition of terms. The Court shall determine on affidavits whether alternate dispute resolution has been exercised in good faith. C. Where modification of a decree concerning child support or spousal maintenance is sought, a financial statement and, if applicable, a child support worksheet shall be filed and served with the petition to modify. A responding financial affidavit and, if applicable, child support worksheet shall be filed and served no later than one day prior to the hearing on the petition. Failure to timely serve and file the statements and worksheets as required will result in appropriate sanctions. Only those portions of the financial statements and worksheets applicable to the issues in the petition to modify need be completed. D. Proceedings for modification of a dissolution decree or other custody decree shall be done strictly in accordance with RCW 26.09.270. VI. Receipt of Public Assistance A. In any action to establish or modify child support where any child affected is subject to receiving public assistance or if either party owes any past debt for child support to the State of Washington, then the Office of Support Enforcement shall be served with a copy of the petition to establish or modify child support at least twenty days prior to the hearing on any final order and at least five days prior to the hearing on any temporary order (RCW 26.23.130). Proof of service of said petition shall be filed with the Court prior to the hearing. In Skamania County, the petition shall be served on the Prosecuting Attorney's Office of Support Enforcement. (Adopted effective September 1, 1996)
RULE NO. 8 MOTIONS FOR SUMMARY JUDGMENT I. Notification to Judge A. A party moving for summary judgment or any other relief requiring consideration of affidavits, pleadings, depositions, interrogatories and/or legal briefings shall file with the Clerk or ascertain that the file already contains all matters and documents intended to be relied upon and the moving party shall notify the Judge directly on or before the date that request is made to place the matter on the calendar to be heard. B. A statement of points and authorities and supporting affidavits shall be filed and served concurrently with the motion for summary judgment and complimentary copies provided to the Judge. C. Responses to affidavits etc., cross-motions with supporting documents and statement of points and authorities in support of response and/or cross-motion intended to be relied on at the hearing shall be filed pursuant to Civil Rules for Superior Court (CR 56) and at the time of filing, complimentary copies shall be provided to the Judge. II. Noting Summary Judgment Motions A. Prior to noting a motion for summary judgment, a specific date and time shall be obtained from the Court Administrator. Once noted for hearing, the motion shall not be stricken or continued by the parties without approval of the Judge who is assigned to hear the motion. B. Argument on summary judgment motions may not exceed twenty minutes per party unless otherwise extended by the Judge hearing the motion. III. Sanctions A. Failure to strictly adhere to this rule may result in the hearing being stricken. Late responses stricken, or not considered in ruling on the motion, terms and/or such other sanctions as the Court in its discretion may deem appropriate. (Adopted effective September 1, 1996)
RULE NO. 9 TRIALS (CIVIL) * I. Note for Trial Setting A. Any party desiring to bring any issue of fact to trial shall file with the County Clerk with copy to the Court Administrator and serve upon the other parties a "Note for Trial Setting" in the form prescribed in Exemplar 5. B. If no response to the Note for Trial Setting is received by the Court Administrator within ten days from the receipt of the moving party's request the Court Administrator will schedule the trial and notify all parties of the trial date. 1. The "Note for Trial Setting" will contain a list of the names, addresses and telephone numbers of all persons entitled to notice. All parties have the obligation to inform the Court Administrator promptly of any errors in the list. C. Each party is allowed one request for a change of date after set without hearing, if the request is made within ten judicial days after trial date has been set by the Court Administrator. Within ten days after such objection, the Court Administrator will set another date and send notice of the new date. Additional changes may be allowed for good cause shown upon motion to the Court. *Sections IV,V,VI,VII,VIII and IX of this Rule also apply to Criminal Trials II. Certificate of Readiness A. If the case is a contested civil action, the party filing a Note for Trial Setting/ Certificate of Readiness must, at that time, submit a statement by counsel with due proof of service showing: 1. That the issue has actually been joined, no affirmative pleading remains unanswered and all pleadings are on file; and, 2. That the parties have completed all necessary oral and physical examinations and discovery proceedings or have had or will have opportunity to do so prior to trial. III. Trial Briefs A. Trial briefs shall be filed and served three days or more before trial; the original to be filed, one copy to the Judge and one copy served on opposing counsel. IV. Jury Instructions A. As provided by CR 51, counsel are requested by the Court to prepare and deliver to the Court and opposing counsel on the day on which the case is set for trial, the required number of copies of proposed instructions. "Washington Pattern Jury Instructions" are recommended for use whenever possible. Counsel are requested to prepare instructions as follows: 1. One copy which shall be assembled into a set and numbered shall be filed with the Clerk; 2. One copy which shall be assembled and numbered shall be served on opposing counsel; 3. One copy which shall be assembled and numbered shall be retained by the counsel preparing them; 4. One copy which shall be assembled and numbered shall be delivered to the Judge; this copy may contain citations listed on each instruction but if citations are contained thereon said citation shall be furnished to the opposing counsel; and, 5. The original without citations and numbers shall be delivered to the Judge. V. Voir Dire A. The Trial Judge may examine the jury touching their qualifications to act as fair and impartial jurors in the case before the Court, provided that, thereafter, the Trial Judge shall give leave to respective counsel to ask the jurors such supplementary questions as may be deemed by the Trial Judge proper and necessary. The voir dire examination of prospective jurors shall, as nearly as possible, be limited to those matters having a reasonably direct bearing on prejudice or qualifications and shall not be used by opposing counsel as a means of arguing or trying their case on voir dire. VI. Peremptory Challenges A. In trial by jury cases, peremptory challenges shall be exercised secretly without disclosing the juror being challenged. The plaintiff first and then defendant alternately shall mark and initial such challenge upon a sheet furnished for that purpose by the bailiff who shall then exhibit such challenge to the opposite party, the Clerk and the Court with no disclosure to the jury as to the challenging party. A questionnaire prepared by each juror will have been submitted to counsel. It is improper for counsel to go over the details furnished in this questionnaire consuming unnecessary time of the Court. VII. Excusing Witnesses A. A witness subpoenaed to attend in any case criminal or civil is dismissed and excused from further attendance as soon as he/she has given his/her testimony in chief for the party in whose instance he/she was called and has been cross-examined thereon, unless either party makes request in open Court that the witness may remain in attendance. Witness fees will not be allowed any witness after the day on which his/her testimony is given except when the witness has, in open Court, been required to remain in further attendance and, when so required, the Clerk shall note that fact in the record. If the adverse party requests a witness to remain in attendance he/she shall thereafter be responsible for the cost and expense occasioned thereby. VIII. Notice of Settlement A. It shall be the obligation of counsel in all civil and criminal jury and non-jury cases to notify the Court Administrator when a case is settled or otherwise will not come on for trial as scheduled. Such notice shall be made by telephone to the Court Administrator's office during regular business hours. IX. Verdicts A. A party or attorney desiring to be present at the return of a jury verdict must remain in attendance at the courthouse or be available by telephone. If a party or attorney fails to appear within twenty minutes of telephone notice to the attorney's office, home or other number left by the attorney, the Court may proceed to take the verdict in the absence of such party or attorney. In such case, the jury shall be individually polled and the identity of any dissenting jurors recorded. X. Civil Jury-Cost A. If the trial of the case has been canceled because of a settlement or will not be tried for any reason or will be tried without a jury and notification to the Clerk of the Court and Court Administrator occurs after a jury has been notified to report and less than one full judicial day prior to the time set for trial, each party may, in the Court's discretion be discharged with an equal share of the per diem cost of one day's service by the number of jurors actually reporting for the trial of said case. The forgoing costs will not be waived except upon a showing of exceptional circumstances which excuse the delay notification, but may, in the discretion of the Court, be charged against either or both parties together with any additional costs reasonably incurred in anticipation of trial including but not limited to travel expenses and loss of earnings of witnesses and the like. (Adopted effective September 1, 1996)
RULE NO. 10 CRIMINAL RULES I. Arraignments and Preliminary Appearances A. Arraignments and preliminary appearances shall be handled at any time by arrangement with the Court and otherwise as part of the criminal motion calendar. B. At arraignment in any criminal action, the Administrator shall set the matter for omnibus hearing, status conference and trial. The defendant shall be given a copy of the setting notice at the time of arraignment and sign the receipt therefor. II. Change of Plea A. In all cases where the Court is advised to cancel a trial setting for the reason that the defendant intends to enter a plea of guilty such change of plea must be entered no later than the next succeeding criminal motion day following cancellation of the trial setting or the criminal motion day preceding the trial date, whichever is sooner, and in no event later than the time limitation of the applicable speedy trial rule unless by leave of Court by good cause shown. III. Indigent Criminal Defendants, Financial Statement A. The first duty of counsel appointed to represent indigent accused shall be to assist such accused in completing and immediately filing with the Court a financial statement form as provided by the Court. The defendant shall make a request for Court appointed counsel on the form prescribed in Exemplar 6. IV. Probation Violation Procedure A. Whenever a probationer is detained as a result of alleged violation of conditions of probation an order of probation suspension, arrest and detention shall be issued by the community supervision officer. The order shall contain authorization for the appropriate law enforcement agency to hold the alleged violator and in addition shall contain the specific violations for which the probationer is being detained. A copy of such order shall be served on the probationer no later than his/her placement in detention and at the time of detention he/she shall also be served with a written notice advising him/her of his/her right to both a preliminary hearing and a revocation hearing. He/she shall also be given an opportunity to waive preliminary hearing in writing. He/she may so waive at any time prior to such hearing. Copies of the notice together with waiver of preliminary hearing if such is signed, as required by this rule, shall be given to the prosecuting attorney and the sentencing Court. Within one judicial day thereafter a preliminary hearing or revocation hearing, if preliminary hearing is waived, shall be scheduled by the prosecuting attorney and the probationer advised of the date thereof. Nothing in this rule shall be construed as abrogation of a probationer's right to counsel. He/she shall be advised that he/she may consult counsel before signing the waiver of preliminary hearing. Upon exercising his/her right to consult an attorney before signing the waiver, the form for such waiver shall be left with him/her. V. Continuances A. Request for continuances either agreed or uncontested will not be granted by the Court unless the following procedure has been followed: 1. Defendant and his/her attorney has signed and submitted a waiver of speedy trial in the form prescribed in Exemplar 7, with the motion and order for continuance of trial date; and, 2. Motion and order for continuance of trial date has been submitted for Court approval after endorsement of a new trial date by the Court Administrator; and 3. The motion and order for continuance of trial date is submitted to the Judge not less than seven days prior to the previously established trial date. VI. 3.5 and 3.6 Hearings A. If the moving party in a 3.5 (Confession) or 3.6 (Suppression) hearing files a Memorandum of Authorities in support of the motion, such memorandum shall be filed and served on the opposing party at least ten days prior to the hearing on the motion. A response to the Memorandum shall be filed and served at least five days before the hearing and a reply to the response shall be filed and served at least two days prior to the hearing. Courtesy copies of all Memoranda shall be provided to the Judge hearing the matter at the time of filing. (Adopted effective September 1, 1996) B. Within 7 days after the Omnibus hearing where a 3.5 hearing is requested by the State, the Prosecutor must serve on the defendant (or if represented, the defendant's attorney) and file with the Court a brief description of the defendant's statement(s) the Prosecutor intends to offer in evidence. C. Within 7 days after the Omnibus hearing where a 3.6 hearing is requested by the defendant, the defendant (or, if represented, the defendant's attorney) 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 for suppression. (Adopted effective September 1, 1998) VII. Pre-Trial Conferences and Hearings in Adult Criminal Cases (for Klickitat County Only) A. On the date set for arraignment in Superior Court, or upon which the defendant is arraigned, the prosecuting attorney, defense attorneys and the defendant(s) will subscribe to a Notice Form (a copy of which is made as Exemplar 2 and 3 to this rule). Each attorney and the defendant shall be given a copy of the completed form; the original shall be filed in the case file. B. At least two weeks prior to the Trial Status conference date, the prosecuting attorney shall mail or deliver to the defendant's attorney or to the defendant if he/she is pro se, a written offer to settle the case. C. In Klickitat County, on the third Friday proceeding a scheduled criminal trial, the defendant shall meet with his/her attorney in his/her attorney's office or at such other place as may be designated by the defense attorney for a settlement conference to discuss any plea bargain offers made by the prosecuting attorney. If the settlement conference falls on a legal holiday, it shall be held on the day before the holiday. Defendants' attendance is mandatory at the Settlement Conference and Status Hearing and his/her failure to attend without Court approval will result in a warrant for his/her arrest. On the next criminal motion day following the settlement conference or in Skamania County, the date of the settlement conference, the defendant, his/her attorney and the prosecuting attorney shall appear in the Superior Court at a time set on the Notice Form for a status hearing to determine if the matter will proceed to trial as scheduled. At the status hearing, the attorneys shall fill out and sign and the defendant shall sign a Status Conference Report (Exemplar 4). The original of the Status Conference Report shall be filed with the Court. If the defendant agrees to plead guilty, the plea shall be set on the entry prior to the scheduled trial date. If the matter is to proceed to trial the defense attorney and the prosecuting attorney shall verify to the Court that each has provided the other with his/her trial witness list and that any pre-trial motions have been schedule for hearing. (Adopted effective September 1, 2009) VIII. Authority of Court Commissioners A. Superior Court Commissioners shall have the power, authority and jurisdiction in adult criminal cases to accept pleas in accordance with RCW 2.24.040. (Adopted effective January 15, 2001)
RULE NO. 11 GENERAL RULES I. Filing and Endorsement of Papers A. Every paper presented to a Judge for signature and every paper presented for filing shall bear a designation of what it purports to be, the number and title of the case and the name of counsel presenting or filing the same. Every order presented to a Judge for signature shall bear the signature of the individual attorney presenting it on the lower left hand corner of the page to be signed by the Judge. II. Accounting Procedures A. Before a trial is set in any matter involving an accounting, the party required to account shall submit to opposing parties and the Court a formal statement in detail of cash and other property transactions in a form which will furnish information to enable a party to make a reasonable test of the accuracy and honesty thereof. The opposing party, by pre-trial discovery procedures, shall test the validity of the accounting statements submitted. Issues shall be made up for trial only by specific exception to separate and specific transactions shown or not shown in the accounting statement. Items that are set forth in the accounting statement to which no exception is taken shall be deemed correct. III. Attorney Fees A. Appointed Counsel submitting motions for fixing or payment of attorney fees and counsel requesting the Court fix fees in any other case, shall itemize their time, services rendered or other detailed basis for the fee requested and attach a copy thereof to the motion. Orders for payment of Court appointed attorneys' fees shall be presented in duplicate. No fees will be paid or approved, except interim fees and fees on juvenile dependencies made on special request, until the case is concluded of record with all papers and documents required therefor signed by the Court. IV. Suspension of Rules A. The Court may modify or suspend any of these rules in any given case upon good cause being shown therefor or upon the Court's own motion. V. Restitution A. The Clerk shall pay to the person authorized by Court order to receive the same all restitution monies paid through his/her office at such times as he/she shall find convenient but not less frequently than quarterly. (Adopted effective September 1, 1996)
RULE NO. 12 FINANCIAL RESPONSIBILITY FOR COST OF JUVENILE DETENTION I. Persons Responsible A. Pursuant to the intent and standard set forth in RCW 13.16.085 in any Juvenile Court proceeding regarding the detention of a juvenile offender, the Court may order the parent or parents, guardian or other person or persons having custody of the juvenile offender to pay or contribute to the payment of the cost of such detention. II. Time of Payment A. The maximum payment of per diem costs charged to the county and/or ordered by the Court shall be paid in a reasonable time unless a sworn financial statement is presented to the Court at said proceeding which could reduce or eliminate any such assessment or due to other circumstances recognized by the Court. Transportation and medical costs may also be assessed under this rule. III. Duty of Juvenile Court Administrator A. It shall be the duty of the Administrator of Juvenile Court to notify the parent or parents, guardian or other person or other persons having custody of the juvenile offender, of this rule prior to said proceeding and provide all necessary documents to the parent or parents, guardian or other person or persons having custody of the offender in order for such parent or person or persons to adequately prepare for said proceeding. IV. Clerk to Receive Payments A. The Clerk of the Court shall receive payments in a manner appropriate to local and State auditing regulations for any such assessments and shall monitor the same, reporting to the Administrator of Juvenile Court any assessments that are substantially delinquent. A show cause hearing with timely notice by the Administrator of Juvenile Court to the delinquent parent or parents, guardian or other person or persons having custody of the offender may be held to inquire into the delinquency of the assessments and the sanctions available pursuant to RCW 13.16.085. (Adopted effective September 1. 1996)
RULE NO. 13 WAIVER OF AGE TO MARRY I. Application A. Application for waiver of minimum age to marry shall be through the Juvenile Department of the Superior Court in the County where one of the parties resides. Applications shall contain such information and supporting documentation as may be prescribed by the Juvenile Court Administrator. Before presentation to the Court, applicants must give evidence of completion of a program approved by the Juvenile Court Administrator, pre-marital counseling by a licensed counseling agency or their rabbi, priest or minister together with a counselor's written recommendation and be interviewed by the Juvenile Court Administrator or his/her designee who shall offer recommendations to the Court. (Adopted effective September 1, 1996)
RULE NO. 14 FEE FOR PETITION FOR EMANCIPATION I. There shall be charged a fee for the filing of a Petition for Emancipation as provided under RCW 13.64.020 as now in effect or hereafter amended. (Adopted effective September 1, 1996)
RULE NO. 15 RECORD OF PROCEEDINGS I. The record of proceedings in Klickitat and Skamania County Superior Courts is on videotape. Refer to "Publisher's Appendix" to Washington Court Rules, Rules on Appeal, for procedures for the use of videotape equipment in the trial court and on appeal. (Adopted effective September 1, 1996)
RULE NO. 16 MANDATORY ARBITRATION I. Scope and Purpose of Rules A. Application of Rules - Purpose and Definition 1. Purpose. The purpose of mandatory arbitration of civil actions under RCW 7.06 as implemented by the Mandatory Arbitration Rules is to provide a simplified and economical procedure for obtaining the prompt and equitable resolution of disputes involving claims of fifty thousand dollars ($50,000.00) 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 exercise that discretion. Arbitration hearings should be informal and expeditious, consistent with the purpose of the statutes and rules. 2. Administration. The arbitration department shall consist of the Court Administrator under the direction of the Superior Court Judge. The arbitration department shall supervise arbitration under these rules and perform any additional duties which may be delegated. B. Relationship to Superior Court Jurisdiction and Other Rules - Motions 1. All motions relating to civil cases transferred to mandatory arbitration shall be presented to the arbitrator, except (a) cases where arbitrability is at issue, (b) where assignment of an arbitrator is disputed and not resolved by the Administrator, (c) motions for involuntary dismissal, (d) motions for summary judgment, and (e) motions to dismiss for failure to state a cause of action. II. Transfer to Arbitration and Assignment of Arbitrator A. Transfer to Arbitration 1. Statement of Arbitrability. In every civil case the party filing the Note for Trial Docket shall, upon the form prescribed by the court, complete a Statement of Arbitrability (Exemplar #5). Prior to the trial-setting date any party disagreeing with the Statement of Arbitrability or willing to stipulate to arbitration shall serve and file a Response to the Statement of Arbitrability on the form prescribed by the court (Exemplar #8). In the absence of such Response, the Statement of Arbitrability shall be deemed correct, and the case shall be deemed set for arbitration. Cases transferred to the arbitration calendar shall be stricken from their position on the trial calendars. Unless otherwise ordered by the court, no trial date shall be assigned in cases which are subject to arbitration. If a party asserts that its claim exceeds $50,000.00 or seeks relief other that a money judgment, the case is not subject to arbitration except by stipulation. 2. Failure to File Amendments. A party failing to serve and file an original Response within the time prescribed may later do so only upon leave of court. A party may amend the Statement of Arbitrability or Response at any time before assignment of an arbitrator or assignment of a trial date and then only upon leave of court for good cause shown. B. Assignment of Arbitrator 1. Generally; Stipulations. When a case is set for arbitration, a list of five proposed arbitrators shall be furnished to the parties. A list of other approved arbitrators shall be furnished upon request. The parties are encouraged to stipulate to an arbitrator. In the absence of the stipulation within 14 days after a case is transferred to arbitration, the arbitrators shall be chosen from among the five proposed arbitrators in the manner defined by this rule. a. Response by Parties. Within 14 days after a list of proposed arbitrators is furnished to the parties, each party shall nominate one or two arbitrators and strike two arbitrators from the list. If both parties respond, an arbitrator nominated by both parties shall be appointed. If no arbitrator has been nominated by both parties, an arbitrator shall be appointed from among those not stricken by either party. The parties need not serve their responses on the other side, and the responses shall not be disclosed to a party by the Administrator (except for disclosure of an arbitrator selected by both parties). b. Response by Only One Party. If only one party responds within 14 days, an arbitrator shall be appointed from that party's response. c. No Response. If neither party responds within 14 days, the arbitrator shall be randomly appointed from the five proposed arbitrators. d. Additional Arbitrators for Additional Parties. If there are more than two adverse parties, all represented by different counsel, two additional proposed arbitrators shall be added to the list for each additional party so represented with the above principles of selection to be applied. The number of adverse parties shall be determined by the arbitration department, subject to review by the Superior Court Judge. III. A. Qualifications 1. Arbitration Panel. There shall be a panel of arbitrators in such numbers as the Superior Court Judge may from tine to time determine. A person desiring to serve as an arbitrator shall complete an information sheet on the form prescribed by the court. A list showing the names of arbitrators available to hear cases and the information sheets shall be available for public inspection in the Court Administrator's office. The oath of office on the form prescribed by the court must be completed and filed prior to an applicant being placed on the panel. 2. Refusal - Disqualification. The appointment of an arbitrator is subject to the right of that person to refuse to serve. An arbitrator must notify the arbitration department 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 (C) governing the disqualification of judges. If disqualified, the arbitrator must immediately return all materials in a case to the arbitration department. B. Authority of Arbitrators 1. An arbitrator has the authority to: a. Determine the time, place and procedure to present a motion before the arbitrator. b. Require a party or attorney advising such party or both to pay the reasonable expenses, including attorney's fees, caused by the failure of such party or attorney or both to obey an order of the arbitrator unless the arbitrator finds that the failure was substantially justified or that other circumstances make an award of expenses unjust. The arbitrator shall make a special award for such expenses and shall file such award with the Clerk of the Court, with proof of service on each party. The aggrieved party shall have 10 days thereafter to appeal the award of such expense in accordance with the procedures described in RCW 2.24.050. If within 10 days after the award is filed no party appeals, a judgment shall be entered in a manner described generally under MAR 6.3. c. Award attorney's fees as authorized by these rules, by contract or by law. IV. Procedures After Assignment A. 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 determined by the arbitrator. V. Hearing A. Notice of Hearing 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 permission of the arbitrator. The arbitrator shall give reasonable notice of the hearing date and any continuance to the arbitration department. B. Pre-hearing Statement of Proof - Documents Filed with Court In addition to the requirements of MAR 5.2, each party shall also furnish the arbitrator with copies of pleadings and other documents contained in the court file which that party deems relevant. The court file shall remain with the Clerk of the Court. C. Conduct of Hearing 1. Recording. The hearing may be record electronically or otherwise by any part at that party's expense. VI. Award A. Form and Content of Award 1. Form. The award shall be prepared on the form prescribed by the court (Exemplar #9). 2. Return of exhibits. When an award is filed, the arbitrator shall return all exhibits to the parties who offered them during the hearing. B. Filing of Award A request by an arbitrator for an extension of time for the filing of an award under MAR 6.2 may be presented to the Superior Court Judge, ex parte. The arbitrator shall give the parties notice of any extension granted. C. Judgment on Award 1. Presentation. A Judgment on an award shall be presented to the Presiding Judge, by any party, on notice in accordance with MAR 6.3. VII. General Provisions A. Stipulations; Effect on Relief Granted If a case not otherwise subject to mandatory arbitration is transferred to arbitration by stipulation and order of the court, the arbitrator may grant any relief which could have been granted if the case were determined by a judge. B. Title and Citation These rules are known and cited as the Klickitat/Skamania Court Mandatory Arbitration Rules. LMAR is the official abbreviation. C. Compensation of Arbitrator 1. Generally. Arbitrators shall be compensated in the same amount and manner as Judges Pro Tempore of the Superior Court; provided, however, that said compensation shall not exceed $500.00 for any case unless prior approval is granted by the Superior Court Judge. The Superior Court Judge shall determine the amount of compensation to be paid. No county payment shall be made unless and until funding is provided by the County Commissioners of the county having jurisdiction over the action. (Adopted effective September 1, 1996; amended adopted 2007)
RULE NO. 17 MANDATORY PARENTING SEMINARS I. Applicable Cases A. This rule shall apply to all cases filed after April 1, 1997 under Ch.26.09, Ch.26.10, or Ch.26.26 RCW which require a parenting plan or residential plan for minor children, including dissolution's, legal separations, major modifications, paternity actions in which paternity has been established, and non-parental custody actions. II. Mandatory Attendance A. In all cases governed by this rule, all parties shall complete a parenting seminar approved by the Court. Standards for parenting seminars shall be established by the Court and providers shall be approved by the Court. III. Timing A. Parties required by this rule to participate in parenting seminars shall complete an approved parenting seminar within 90 days after service of the petition or motion initiating the action which is subject to this rule. In the case of paternity actions initiated by the prosecuting attorney's office, the parenting seminar shall be required only when paternity has been established or acknowledged and a parenting plan is requested. The seminar will be completed prior to the entry of a permanent parenting or residential plan. B. Upon completion of the parenting seminar, the seminar provider shall file a certificate of completion with the Clerk of the Court. IV. Fees A. Each party attending a seminar shall pay a fee charged by the approved provider and sanctioned by the Court. The Court may waive the fee for indigent parties. V. Special Consideration/Waivers A. In no case shall opposing parties be required to attend a seminar together. B. If the Court determines that attendance at a seminar is not in the children's best interest, pursuant to Ch.26.12 RCW, the Court shall either: 1. Waive the requirement of completion of the seminar; or 2. Allow participation in an alternative parenting seminar, if available. C. The Court may waive the seminar requirement or extend the time for attendance of the seminar for good cause shown. VI. Service on Parties A. The Clerk of the Court shall provide a copy of this rule to the initiating party for service upon all parties against whom relief is sought, together with a statement describing the program including contact telephone numbers, addresses, statement of costs, and an explanation of how to request a waiver or referral of the program registration fee. VII. Failure to Comply A. Willful refusal to participate in a parenting seminar or willful delay in completion of a parenting seminar by any party will constitute contempt of court and may result in sanctions, including but not limited to, imposition of monetary terms, striking of pleadings, or denial of affirmative relief to a party not in compliance with this rule. (Adopted effective September 1, 1997)
RULE NO. 18 JUVENILE OFFENDER STATUS CONFERENCES I. Status Conference Schedule/Notification A. At the time of a juvenile's arraignment on criminal charges, the Court will set a status conference/hearing date and time. Notification will be provided on a notice form. The status conference/hearing shall be at 4:00 PM on the second regular juvenile arraignment docket following arraignment, if the case is a 60 day fact-finding set (Klickitat County), or at 4:00 PM on the second regular criminal/civil motion day following arraignment (Skamania County). In Klickitat County, if the case is a 30 day fact- finding set, the status conference/hearing shall be held on the next regular juvenile arraignment docket following arraignment. The juvenile and the juvenile's attorney shall be present at the status conference/hearing unless the juvenile and his/her attorney have signed off on a status conference report prior to the status conference/hearing. B. The Prosecuting Attorney and the Juvenile Court Administrator shall make available to the juvenile's attorney, or if unrepresented, to the juvenile, an offer to settle the case prior to the status conference/hearing date. No further plea bargain offers will be accepted by the Court after the status conference/hearing date unless good cause be shown. (Adopted effective September 1, 2006)
RULE NO. 19 BOOKS AND RECORDS KEPT BY THE CLERK I. Clerk of the Court Schedule of Charges A. The Clerk of the Court will maintain a schedule of charges authorized by law for clerk's services. The schedule will be maintained in the clerk's office and available for public inspection. II. Files A. Filings by Clerk of Court; All original pleading or other papers with proper caption and cause number will be file stamped, docketed and secured in the legal file by the clerk in the order received. B. Action Documents; All pleadings that require action by the clerk, other than file stamping and docketing, shall contain the language "Clerk's Action Required" in the caption beneath the case number on the first page of the document. C. Conformed Copies; All requests to the clerk for a response to an inquiry about a court file or for return of conformed copies of pleadings must be accompanied by a self-addressed, stamped return envelope. D. Sealed Papers; The clerk of the court shall seal and not permit examination of the following; psychological evaluations, sociological evaluations, mental evaluations, reports of the guardians ad litem and sealed financial source documents in family law matters, except by court order in conformity with GR 15 and GR 22. If sealed, papers may be unsealed only by court order, by motion and , by motion and with notice, in conformity with GR 15 and GR 22. III. Exhibits A. Exhibit Files; The exhibits in all cases shall be kept by the clerk separate from the files of the case. B. Exhibit Inspection; Exhibits may be inspected in the clerk's office only in the presence of the clerk of the court or a deputy clerk. C. Court Records as Exhibits; No original court record shall be admitted as an exhibit, but a copy may be admitted. D. Substituted Copies of Exhibits; For cause shown, the court may permit a copy of any document admitted in evidence to be substituted for the original. E. Exhibit Packaging and Labeling; Exhibits containing blood borne pathogens, drugs, firearms or dangerous weapons shall be properly packaged and labeled before acceptance by the court. To meet packaging and labeling requirements, exhibits shall conform to the following criteria when presented: (1) Blood borne pathogens shall be packaged in sturdy plastic containers. If contained in a vial or hypodermic, each shall be placed in an individual sturdy plastic container. All items shall be labeled to identify the contents as potentially biologically hazardous material. (2) Drugs shall be placed in sealed containers to prevent or reduce emissions from the container. Plainly visible labels shall identify the contents. (3) Firearms shall be unloaded, any breach mechanism or cylinder shall be open, and a secured trigger lock shall be in place. (4) Dangerous weapons shall have any sharp or pointed portions sheathed in a manner to prevent injury or contact with the sharp or pointed portions. (5) Paper bags alone will not constitute proper packaging. F. Videotaped Depositions; Videotaped depositions published in open court shall be treated as court exhibits, with the same retention standards. A party who wishes to make a published videotaped deposition part of the court file must submit a certified transcript of the deposition. G. Unsuitable Materials as Exhibits; Whenever there is presented to the clerk of the court for filing any paper or material that the clerk of the court determines to be improper or inappropriate for filing, the clerk of the court shall affix a file mark thereto and apply to the court for a determination of the propriety of filing the material presented. If the court determines that the paper or material should not be made part of the file, an order shall be entered converting the material to an exhibit, and the clerk of the court shall retain the material as an exhibit to the cause. If the court determines that the material warrants being sealed, the court shall direct the clerk of the court to give notice to all parties to the cause and shall conduct a hearing on the court's motion to seal the material pursuant to GR 15. IV. Withdrawal of Files and Exhibits A. Files; Except for delivery to a courtroom, judge, court commissioner, referee, court personnel or official court reporter, files may be withdrawn from the clerk's office only pursuant to court order or written authorization by the clerk. Applications to withdraw a file must be in writing. The clerk or a deputy may authorize withdrawal of a file for a period not exceeding 24 hours. A person who withdraws a file shall return the file and all of its papers in good order, and shall not remove, even temporarily, any staples from any papers. B. Exhibits; Temporary Withdrawal; Exhibits may be withdrawn temporarily from the clerk's office only by: (1) The judge having the case under consideration. (2) Official court reporters for use in connection with their duties, without court order. (3) An attorney of record, upon court order. The clerk shall take an itemized receipt for all exhibits withdrawn, and upon return of the exhibits they shall be checked by the clerk against the original receipts. The clerk shall keep all receipts for such exhibits for the period of three years from date of withdrawal or return. C. Failure to Return Files or Exhibits; Sanctions; In the event that an attorney or other person fails to return within the time required a file or exhibit which was temporarily withdrawn, and fails to comply with the clerk's request for its return, the clerk may, without notice to the attorney or other person concerned, apply to the court for an order for the immediate return of such file or exhibit. A certified copy of such order, if entered shall then be served upon the attorney or other person involved. D. Permanent Withdrawal of Exhibits; After final judgment and expiration of the time for appeal, the court may order the permanent withdrawal of an exhibit and delivery thereof to any party or other person entitled to possession. E. Return of Contraband Exhibits; When contraband, alcoholic beverages, tobacco products or controlled substances are being held by the clerk as part of the records and files in any criminal case, and all proceedings in the case have been completed, the court may order the clerk to deliver such contraband or substances to an authorized representative of the law enforcement agency initiating the prosecution for disposition according to law. The clerk shall then deliver the contraband or substances and take from the law enforcement agency a receipt which shall be filed in the cas E. The clerk shall also file any certificate issued by an authorized federal or state agency and received by the clerk showing the nature of such contraband or substances. F. Return of Exhibits and Unopened Depositions; When a civil case if finally concluded, and upon stipulation of the parties or court order, the clerk may return all exhibits and unopened depositions, or destroy the same. G. Return of Administrative Records; When a case for review of an administrative record is finally completed, the clerk shall return the administrative record to the officer or agency certifying the same to the court. The clerk shall treat the administrative record as an exhibit, conforming with III. above. H. Verbatim Report of Proceedings; A verbatim report of proceedings shall not be withdrawn from the clerk's office except by court order. I. Transcripts; A request for a verbatim report of proceedings or a copy of a videotaped record of proceedings shall be referred to the Superior Court Judicial Assistant. (Adopted effective September 1, 2002)
Rule 20. Names of Minor Children on Court Documents The complete names of minor children is necessary for the orderly administration of justice and such complete names shall be used on all court documents except where prohibited by statute or court order. This rule does not prohibit the use of initials to identify child victims or witnesses in criminal or juvenile offender proceedings. [Adopted effective September 1, 2005]
RULE NO. 21 GUARDIANSHIPS I. Loss of Voting Rights A. In accordance with RCW 11.88.010(5), if an incapacitated person loses the right to vote, the Order Appointing Guardian or Approving Report shall include a specific finding on the loss of the right to vote. B. The Guardian ad Litem and/or Guardian shall also submit a Notice of Loss of Voting Rights to the Court that shall include the name, address, and date of birth of the incapacitated person and that shall direct the clerk to forward the Notice of Loss of Voting Rights to the County Auditor. (see Exemplar #11) C. If the guardianship is terminated by a determination of competency of the individual, the court shall direct the clerk to send to the County Auditor a certified copy of the Order Restoring Voting Rights including the same personal identifiers as the Notice of Loss of Voting Rights. D. Clerk will determine whether Notice of Loss of Voting Rights has been filed. If notice has not been filed, clerk shall complete a notice using information from guardianship petition and/or guardian ad litem report. E. Clerk will forward Notice of Loss of Voting Rights to the County Auditor. F. Copy of the notice will be placed in the file. G. If the guardianship is terminated based on the Court's finding that the ward is now competent to handle affairs, the clerk will send a certified copy of the Order Restoring Voting Rights (see Exemplar #12) to the County Auditor. (Adopted effective September 1, 2006) II. Guardian Ad Litem Grievance Procedure A. When the Court receives a written complaint alleging one of the following: 1) There has been a violation of the Guardian ad Litem Code of Conduct, 2) There has been a misrepresentation of his or her qualification to be a guardian ad Litem, or 3) The Guardian ad Litem has not met the annual update requirements, or B. When the Court becomes aware of any reason that would place the suitability of the person to act as Guardian ad Litem in question, including, but not limited to the following: 1) Breach of confidentiality. 2) Falsifying information on the application. 3) Falsifying information in a Court report. 4) Failure to report abuse of a child. 5) Ex-parte communication. 6) Representing the Court in a public forum, without prior approval of the Court. 7) Violation of state, or local laws, rules of this policy, while a Guardian ad Litem. 8) Dissemination of law enforcement records. C. The court Administrator/or designee shall seek a written response from the Guardian ad Litem only upon findings by the Court Administrator/or designee that a response is necessary. Should a response from the Guardian ad Litem be requested and upon receipt of the response, the Court Administrator/or designee will forward the complaint, and the response to the Presiding Judge, or his or her designee(s). The Guardian ad Litem shall be notified of any decision to suspend or remove the Guardian ad Litem from a registry. A Guardian ad Litem seeking reconsideration of the decision shall do so in writing to the Superior Court Administrator/or designee, who shall forward the request, and other documents to the Presiding Judge, or his or designee(s). At the discretion of the Presiding Judge, or his or her designee(s), the Guardian ad Litem's participation in the registry may be suspended pending resolution of the complaint. The Guardian ad Litem shall be notified in writing of the final decision of the Court. D. The Court's decision may deny a person listing on, or may temporarily suspend from, or permanently removed from, the registry for any reason that placed the suitability of the person to act as a Guardian ad Litem in question. E. A Guardian ad Litem who ceases to be on the registry, and who still has active or incomplete cases shall immediately report this circumstance to the Supreme Court Administrator/or designee who will reassign such cases. (Adopted effective September 1, 2009)
EXEMPLAR 1 PRE-TRIAL ORDER
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EXEMPLAR 2 NOTICE RE: ARRAIGNMENT DATE; OMNIBUS HEARING DATE; TRIAL DATE; TIME ELAPSED FROM ARRAIGNMENT TO TRIAL; AND TIME LIMITS
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EXEMPLAR 3 ORDER SETTING STATUS CONFERENCE
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EXEMPLAR 4 STATUS CONFERENCE REPORT
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EXEMPLAR 5 NOTE FOR TRIAL SETTING/CERTIFICATE OF READINESS/STATEMENT OF ARBITRABILITY
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EXEMPLAR 6 REQUEST FOR AND ORDER APPOINTING LEGAL COUNSEL
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EXEMPLAR 7 WAIVER OF SPEEDY TRIAL
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EXEMPLAR 8 RESPONSE TO STATEMENT OF ARBITRABILITY
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EXEMPLAR 9 ARBITRATION AWARD
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EXEMPLAR 10 PRE-TRIAL STATEMENT OF
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EXEMPLAR 11 NOTICE OF LOSS OF VOTINGS RIGHTS
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EXEMPLAR 12 ORDER RESTORING VOTING RIGHTS
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