LEWIS COUNTY SUPERIOR COURT
LOCAL RULES
TABLE OF RULES
Administrative Rules (LAR)
LAR 1 Presiding Judges
Civil Rules (LCR)
LCR 1 Court Commissioner Hearing Adult Felony Matters
LCR 2 Motions for Revision of Commissioner Rulings
LCR 3 Docketing and Confirming Civil Motions
LCR 5 Service and Filing of Motions and Responses
LCR 7 Pleadings Allowed; Form of Motions
LCR 10 Family Law Motions Page Limitation
LCR 14 Use of Colored Paper
Local Guardian Ad Litem Grievance Rules (LRGAL)
LRGAL 1.1 Guardian ad Litem Complaint Review Committee
LRGAL 1.2 Submission of Complaints
LRGAL 1.3 Review of Complaints
LRGAL 1.4 Response and Findings
LRGAL 1.5 Confidentiality
LRGAL 1.6 Complaint Processing Time Standards
LRGAL 1.7 Sanctions
LRGAL 1.8 Requests for Reconsideration Hearing
LRGAL 1.9 Maintaining Records of Grievances
Local Rule on Guardian Ad Litem Registry Policy (LRGAL)
LRGAL 2.1 General Policy
LRGAL 2.2 Specific Registry Requirements
LRGAL 2.4 Retention on Registries
Local Mandatory Mediation Rules (LMMR)
LMMR 1 Child Custody Proceeding Defined
LMMR 2 Family Court Services Defined
LMMR 3 Mediation Required
LMMR 4 Continuing Superior Court Jurisdiction
LMMR 4.2 Discovery
LMMR 5 Noting for Mediation and Trial Setting
LMMR 6 Appointment of Mediator
LMMR 7 Authority of Mediator
LMMR 8 Attendance
LMMR 9 Declaration of Completion
LMMR 10 Payment
LMMR 11 Mediation Unsuccessful
LMMR 12 Confidentiality
Local Mandatory Arbitration Rules (LMAR)
LMaR 1.1 Application of Rules - Purpose and Definitions
LMaR 1.3 Relationship to Superior Court Jurisdiction and Other Rules - Motions
LMaR 6.1 Form and Content of Award
LMaR 8.1 Stipulations-Effect on Relief Granted
LMaR 8.4 Title and Citation
LMaR 8.6 Compensation of Arbitrator
Local Mandatory Parenting Seminar Rules (LMPSR)
LMPSR 1.1 Parenting Seminars
LMPSR 2.1 Time of Attendance
LMPSR 2.2 Certification of Completion
LMPSR 3.1 Fees
LMPSR 4.1 Special Consideration/Waiver
LMPSR 5.1 Failure to Comply/Sanctions
LMPSR 6.1 Standards
Local Mandatory Settlement Conference Rules (LMSCR)
LMSCR 1 Settlement Conferences in Family Law Cases
Local Special Proceedings Rules (LSPR)
LSPR 98.05 Guardianship Orders and Reports
Appendix
Guardianship Summary for Annual Report
Apendix A Order to Transfer to Mandatory Mediation (ORTF)
LAR 1.
Presiding Judge.
1.1 Election. Pursuant to General Rule 29(a)(1), Rules
of Court (GR 29(a)(1)) the elected Superior Court Judges
shall elect a Presiding Judge and an Assistant Presiding
Judge by majority vote at a meeting of the Judges to be held
in October December of odd numbered years.
Comment: the idea is to give some lead time for scheduling
and transition.
1.2 Term. The terms of the Presiding Judge and
Assistant Presiding Judge shall be for two years beginning
January 1 of the even numbered year after their election.
1.3 Vacancy. A vacancy in the office of the Presiding
Judge shall be filled by the then Assistant Presiding Judge.
A vacancy in the office of Assistant Presiding Judge shall
be filled by majority vote of the elected Superior Court
Judges at the first meeting of Judges to be held after the
vacancy is known to exist. Judges filling vacancies shall
serve until January 1 of the next even numbered year.
1.4 Duties and Responsibilities. The duties of the
Presiding Judge and Assistant Presiding Judge shall be as
provided in GR 29. Unless otherwise provided herein, GR 29
shall apply.
Comment: With this change the rest of 1.4 and all of 1.5
and 1.6 could be deleted.
The Presiding Judge shall supervise the judicial business of
the Court as authorized and directed in GR29(e)(f) and (h).
The Assistant Presiding Judge shall serve as Acting
Presiding Judge during the absence of or upon request of the
Presiding Judge, and shall perform such further duties as
the Presiding Judge or the majority of the elected Judges
shall direct.
1.5 Qualifications. Selection of a Presiding Judge
should be based on the Judge's (1) management and
administrative ability, (2) interest in serving in the
position, (3) experience and familiarity with a variety of
trial court assignments, and (4) ability to motivate and
educate other Judicial Officers and court personnel. The
Presiding Judge shall have at least four years of experience
as a Judge, unless this requirement is waived by a majority
vote of the elected Judges of the Court.
1.6 Removal. The Presiding Judge may be removed by a
majority vote of the elected Judges of the Superior Court.
1.7 Interim Term. Since the effective date of GR 29 is
April 30, 2002, the Presiding Judge and the Acting Presiding
Judge shall be elected by majority vote of the Judges of the
Lewis County Superior Court upon adoption of this Rule and
shall serve in the interim until January 1, 2004.
LCR NO. 1
COURT COMMISSIONER HEARING ADULT FELONY MATTERS
Court Commissioners appointed and qualified under
Article 4, Section 23 of the Washington State Constitution
are authorized to preside over, and consider all matter in
adult felony proceedings as specified under RCW 2.24.040(15)
including accepting pleas in all cases.
(effective September 1, 2001)
LCR NO. 2
MOTIONS FOR REVISION OF COMMISSIONER RULINGS
A party filing a motion for revision of a ruling of a
Court Commissioner shall note the motion for argument before the
presiding judge such that, within 30 days of filing, the matter
shall be considered and determined. Absent extraordinary
circumstances, any motion for revision not heard within 30 days
of filing shall be considered abandoned, stricken by the court
and the commissioner’s ruling affirmed.
(effective September 1, 2001)
LCR 3.
DOCKETING AND CONFIRMING CIVIL MOTIONS
A. MOTION DOCKETS
Motions to be argued shall be heard on the respective dockets as set
forth in this rule. In the event any day scheduled for a motion docket is a
legal holiday or a date when the court is unavailable for any reason, the date
for such docket shall be as scheduled by the Court Administrator. Any motions
pertaining to cases assigned to a specific judge shall be heard by that judge
and such motion hearings shall be scheduled through the Court Administrator,
unless such judge is the Motion Judge, in which event the motions shall be
heard on the civil motion docket.
1. The civil motion docket and guardianship docket shall be held on Friday.
All civil motions (other than family and guardianships) and motions for
revision shall be heard on the civil docket.
2. The family law docket, other than paternity, modification of
final child support orders and contempt of final child support
order cases, shall be heard on Friday.
3. The paternity and child support modification docket shall
be heard on Wednesday.
4. The schedule for motion dockets and trial assignments shall be as Follows:
Wednesday Court Commissioner
9:00 A.M. Final Dissolutions
10:00 A.M. Modification of Final Child Support Orders, Contempt of
Final Child Support Orders, Paternity Motions
Friday Motion Department
9:00 A.M. Ex Parte, adoptions and other confidential matters
9:30 A.M. Civil Motion Docket
11:00 A.M. Guardianship Docket
Friday Court Commissioner
9:00 A.M. Family Law Motion Docket
Friday Court Administrator
8:30 A.M. Trial Assignments
5. All motions shall be confirmed for argument through the Clerk's Office
by 12:00 noon two court days prior to the scheduled argument. Confirmations
shall be made by calling the County Clerk at (360) 740-2704. Motions not
confirmed will stricken unless the parties and the Court agree otherwise.
[Adopted effective September 1, 2001; amended effective September 1, 2003;
September 1, 2005; September 1, 2010; April 1, 2011; July 1, 2011; September 1, 2011]
LCR NO. 5
SERVICE AND FILING OF MOTIONS AND RESPONSES
A. Filing and Scheduling of Motions.
Notwithstanding any provision of CR 6(d) to the contrary, a
party filing any motion shall serve and file such motion no later
than seven (7) court days prior to the date noted for argument on
the motion; e.g., by Wednesday 5:00 p.m. of the preceding week
for a Friday docket; by Monday 5:00 p.m. of the preceding week
for a Wednesday docket. Motions requiring a longer period of
notice pursuant to court rule or statute shall be filed as
required by the applicable court rule or statute.
All documents supporting the motion shall be filed and
served with the motion.
Unless other arrangements are made with the Court
Administrator, all motions shall be scheduled for the appropriate
Wednesday or Friday Motion Docket and heard by the Motion Judge
or by the Court Commissioner. Unless other arrangements are made
with the Court Administrator, hearings on any motion shall not
include live testimony and argument may be limited in time.
A notice of issue or note for the motion docket identifying
the nature of the motion, names of the parties, the names of the
attorneys if any, and the date and time for argument on the
motion shall be filed and served with the motion. The provisions
of GR 14 notwithstanding, a notice of issue or note for a motion
docket should be printed on pink paper.
B. Response Documents
Any party opposing a motion, or any part thereof shall file
all original responsive documents and serve copies upon all
parties no later than 12:00 noon two court days prior to the
scheduled date for argument on the motion; e.g., by noon
Wednesday for a Friday docket; by noon Monday for a Wednesday
docket.
C. Reply to Response Documents
All reply documents to the response documents as provided
for in part B of this rule shall be filed and served on all
parties no later than 12:00 noon one court day prior to the date
set for argument on the motion, e.g., by noon Thursday for a
Friday docket; by noon Tuesday for a Wednesday docket. No
additional documents shall be filed or served after that date and
time.
D. Bench Copies
Bench copies of all motions, memoranda, responses and or
replies, and all documents supporting such motions, responses or
replies shall be delivered to the Judge or Court Commissioner who
is to consider the motion, on the day they are filed. The name
of the Judge or Court Commissioner and the date of the hearing
for the matter shall be designated on the bench copies.
E. Affidavits and Declarations.
Affidavits and declarations in support of or in opposition
to any motion or part thereof shall be made only on personal
knowledge, shall set forth only such facts as would be admissible
in evidence, and shall show affirmatively that the affiant or
declarant is competent to testify to the specific matters set
forth therein. Argument, comment, and nonexpert opinion shall be
excluded from affidavits and declarations.
F. Hearing on short notice.
All orders shortening time shall include a provision for a
service deadline upon the other party or parties.
G. Terms
Terms and sanctions may be imposed for failure to comply
with this rule, including the striking of any documents filed in
violation this rule.
[Amended effective September 1, 2003]
LCR NO. 7
PLEADINGS ALLOWED; FORM OF MOTIONS
A. Motions and other papers
1. How Made
Reapplication for order. When an order has been applied
for and refused in whole or in part (unless without prejudice),
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 or Commissioner. If a subsequent
application is made upon a different statement of facts or law,
it shall be shown by affidavit or certified statement what
application was made, when and to what Judge or Commissioner,
what order or decision was made thereon; and what new facts or
law are claimed to be shown.
Failure to comply with this requirement shall, at the
request of an opposing party or counsel, result in any order thus
obtained being set aside and terms assessed against the counsel
or party obtaining the order.
2. Form
All motions and responses or replies thereto shall be in
writing, shall be typewritten, or hand printed and shall be
presented on paper 8-1/2 by 11 inches in size, on paper
containing a vertical line of numbers at the left margin, and
shall be double spaced. No pleadings shall be filed or presented
which are hand written in cursive form, unless a typed or hand
printed version of such pleading is attached to such pleading.
The court shall not consider any hand written or cursive pleading
without such a typed or hand printed version attached, for any
purpose.
3. Required Provisions in Orders Mandating Personal Appearance
In all proceedings wherein an order is to be issued
requiring or mandating the personal attendance of a person or a
party in open court, the order shall include the following words
in capital letters:
YOUR FAILURE TO APPEAR AS ABOVE SET FORTH AT THE TIME, DATE
AND PLACE STATED MAY CAUSE THE COURT TO ISSUE A BENCH WARRANT FOR
YOUR APPREHENSION AND CONFINEMENT IN JAIL UNTIL SUCH TIME AS THE
MATTER CAN BE HEARD OR UNTIL BAIL IS POSTED.
No bench warrant shall be issued in such cases for the
apprehension of the cited person if such language has been
omitted.
4. Failure to Appear
If the party noting a motion fails to appear for the
scheduled hearing, and the opposing party appears, the motion
shall be denied or stricken. If the moving party appears and the
opposing party does not appear the requested relief shall be
granted, if warranted. If neither the moving nor the responding
party appears, the motion shall be stricken.
5. Motions For Reconsideration
A. Motions for reconsideration of rulings and all pleadings and
documents in support thereof, must be filed and served on
opposing counsel, or the opposing party, if unrepresented, and a
copy delivered to the Judge or Commissioner making the ruling,
within ten (10) days after entry of the judgment or order. Such
pleadings shall set forth specific grounds for the
reconsideration, and the arguments and authorities in support
thereof.
B. The opposing party may, within ten (10) days after receipt
of the motion, file and serve on the moving party, and the Judge
or Commissioner making the ruling, pleadings and documents in
opposition.
C. Each party shall prepare and include in the materials
submitted, a proposed order sustaining their respective position
on such motion.
D. Oral argument on a motion for reconsideration shall be
scheduled only if so ordered by the Judge or Commissioner to whom
the motion is submitted. In no case shall a motion for
reconsideration be noted for hearing on the motion calendar
unless ordered by the Judge or Commissioner to whom the matter
has been submitted. Twenty days after a motion for
reconsideration has been submitted and served upon the parties or
their counsel as provided for in this rule, and no ruling has
been made, either party may submit to the Judge or Commissioner a
certification that the matter is ready for a ruling on the motion
for reconsideration.
B. Filing of Documents
1. Filing: Case Numbers
Except in consolidated cases, no documents shall be
filed with more than one case number, unless sufficient copies
are simultaneously provided for each case. Where there are
multiple case numbers and no copies provided, the clerk shall
place the documents only in the first case number designated.
(effective September 1, 2001)
LCR 10
FAMILY LAW MOTIONS PAGE LIMITATION
(A) Generally. Absent prior approval from the court as set forth in (G), all
declarations and affidavits from a party, and any non-expert witnesses, in
support of a motion, including any reply, shall be limited to a sum total of
twenty (20) pages. All declarations and affidavits submitted in response to a
motion shall be limited to a sum total of twenty (20) pages.
(B) Application. This rule shall apply to all family law, paternity, and non-
parental custody motions. No portion of this rule shall be construed to
permit multiple motions noted for the same day and docket to avoid the page limit.
(C) Exhibits. Exhibits that consist of declaration or affidavits shall count
toward the above page limits. If parties and attorneys quote only the relevant
parts of the emails, journals or depositions in a declaration, and attach the
full version of the email, journal or deposition as an exhibit for context, the
full version of the email, journal or deposition will not count against the
page limit, if labeled as such for that limited purpose. All other exhibits
attached to a declaration or affidavit shall be counted toward the page limit.
(D) Financial Declarations. Financial declarations and financial documents
shall not count toward the page limit.
(E) Expert Report and Evaluations. Declarations, affidavits, or reports from
Guardian Ad Litems and expert witnesses shall not count toward the page limit.
(F) Miscellaneous Exceptions. Copies of declarations or affidavits previously
filed in a motion previously ruled upon and supplied solely as a convenience to
the court in lieu of the court file shall not count toward the page limit.
(G) Authorization. Upon motion of a party and for good cause shown, a party
may seek authorization to exceed the page limit may do so on the ex parte
calendar without notice to opposing counsel or a self-represented party.
[Adopted effective September 1, 2010.]
LCR NO. 14
USE OF COLORED PAPER
Notwithstanding the provisions of GR14 to the contrary,
Lewis County Superior Court authorizes and encourages the
use of colored paper for the filing of the following
notices in court files.
A. Notice of issue or note for motion docket: Pink paper
B. Notice of case setting of a trial, hearing or other
court proceeding: Blue paper.
(effective September 1, 2001)
LRGAL 1.1
Guardian ad Litem Complaint Review Committee
There shall be a complaint review committee (hereinafter
referred to as the “Committee”), consisting of a Superior
Court Judge, as designated by the Presiding Judge, the
Superior Court Administrator, and a representative of the
Lewis County Bar Association designated by it’s President,
to administer complaints about guardians ad litems involved
in Title 11, 13 and 26 RCW.
[Adopted September 1, 2002]
LRGAL 1.2
Submission of Complaints
All complaints shall be in writing, signed by at least one
individual with their address and phone number, and shall be
submitted to the Superior Court Administrator.
[Adopted September 1, 2002]
LRGAL 1.3
Review of Complaint
Upon receipt of a written complaint, the Superior Court
Administrator shall convene the Complaint Review Committee
with ten (10) business days to review the complaint. Upon
review of the complaint, the Committee shall either:
A. Make a finding that the complaint is with regard to a
case then pending in the court and decline to review the
complaint and so inform the complainant. In such instances
the Committee shall advise the complainant that the
complaint may only be addressed in the context of the case
at bar, either by seeking the removal of the guardian ad
litem or by contesting the information or recommendation
contained in the guardian ad litem’s report or testimony.
In such cases the Committee and its members shall perform
its role in such a manner as to assure that the trial judge
or court commissioner remains uninformed as to the
complaint; or
B. Make a finding that the complaint has no merit on it’s
face, and decline to review it and so inform the complaining
party; or
C. Make a finding that the complaint does appear to have
merit and request a written response from the guardian ad
litem within ten (10) business day, detailing the specific
issues in the complaint to which the committee desires a response.
The Committee shall provide the guardian ad litem with
a copy of the original complaint. A guardian ad
litem’s failure to respond within the required ten
(10) business days shall result in the immediate
suspension of the guardian ad litem from all
registries. In considering whether the complaint
has merit, the Committee shall consider whether
the complaint alleges the guardian ad litem has:
1. Violated the Rules of Professional Conduct;
2. Misrepresented his or her qualifications to serve as a
guardian ad litem;
3. Not met the annual training requirements set forth in
the Registry requirements;
4. Breached the confidentiality of the parties;
5. Falsified information in a report to the Court or in
testimony before the Court;
6. Failed to report abuse of a child;
7. Communicated with the a judge/commissioner ex-parte,
except as allowed by (such as an emergency restraining order);
8. Purported to represent the Court in a public form
without prior approval of the Presiding Judge;
9. Violated state or local laws, rules, or this policy in
the person’s capacity as guardian ad litem;
10. Taken or failed to take any other action which would
reasonably place the suitability of the person to serve as
guardian ad litem in question;
11. Failed to keep information confidential from non-
parties or disclosed protected information to a party;
12. Intentionally lied or presented information in a false
light to the Court, another party or a third party;
13. Failed to report abuse of a child as required by RCW 26.44;
14. Talked about a case for which the guardian ad litem was
appointed to the media or public without the permission of
all parties and/or the Court
[Adopted September 1, 2002]
LRGAL 1.4
Response and Findings
Upon receipt of a written response to a complaint from the
guardian ad litem, the Complaint Review Committee shall,
within ten (10) business days, make a finding s to each of
the issues delineated in the Committee’s written request to
the guardian ad litem that based on the response, there is
either no merit to the issue, or that there is merit to the
issue. In any case where the Committee finds that there is
merit to an issue, the Committee may conduct further
investigation, including the examination of witnesses,
documents, and such other evidence as the Committee may, in
the exercise of their discretion chose to examine. The
Committee may extend the time for entering findings of fact
during such examination, provided however, that no such
extension shall exceed thirty (30) days, beyond the date the
Committee determines that there is merit to any issue.
[Adopted September 1, 2002]
LRGAL 1.5
Confidentiality
A. A complaint shall be deemed confidential for all purposes unless
the Committee has determined that it has merit under LCRGAL 1.3 C.
B. Any record of complaints filed which are not deemed by
the committee to have merit shall be confidential and shall
not be disclosed except by court order.
[Adopted September 1, 2002]
LRGAL 1.6
Complaint Processing Time Standards
A. Complaint shall be resolved within twenty five (25)
days of the date of receipt of the written complaint if a
case is pending.
B. Complaints shall be resolved within sixty (60) days of
the date or receipt of the written complaint if the
complaint is filed subsequent to the conclusion of the case.
C. The complaint and the guardian ad litem shall be
notified in writing of the Committee’s decision within ten
(10) business days of the entry of the Committee’s findings
and decision being signed.
D. Complaints filed under this rule must be filed within
three(3) years from the date of the occurrence of the
matters complained of. The Committee shall find complaints
filed after this time not to have cause to proceed. This
limitation applies to all complaints, whether filed during
the pendency or after the conclusion of a case.
[Adopted September 1, 2002]
LRGAL 1.7
Sanctions
The Committee shall have the authority to issue a written
admonishment, a written reprimand, refer the guardian ad
litem to additional testing, recommend to the Presiding
Judge that the Court, on it’s own motion, remove the
guardian ad litem from the instant case, or suspend or
remove the guardian ad litem from the registry. In
considering a response, the Committee shall take into
consideration any prior complaints which resulted in an
admonishment, reprimand, referral to training, removal of
the guardian ad litem from a particular case, or suspension
or removal from a registry. If a guardian ad litem is
listed on more than one registry, at the discretion of the
Committee, the suspension or removal may apply to each
registry on which the guardian ad litem is listed. When a
guardian ad litem is removed from a registry pursuant to the
disposition of a grievance, the Court shall send notice of
such removal to the Administrator of the Courts.
[Adopted September 1, 2002]
LRGAL 1.8
Request for Reconsideration by Guardian ad Litem
A guardian ad litem may, within five (5) business days of
receipt of notification that he or she have been suspended
or removed from a registry, request a hearing to review the
Committee’s decision. The Presiding Judge shall designate a
hearing officer, to preside over and conduct such review.
The sole purpose of the review shall be to review the
appropriateness of the suspension or removal from the
registry. The hearing officer shall review the written
record of the instant case and any prior complaints upon
which the Committee relied and hear oral argument from the
guardian ad litem and a representative of the Committee.
Said hearing shall be conducted within twenty (20) days of
receipt of a request for the hearing.
[Adopted September 1, 2002]
LRGAL 1.9
Maintaining Records of Grievances
The Superior Court Administrator shall maintain a record of
grievances filed and of any sanctions issued pursuant to the
grievance procedure.
[Adopted September 1, 2002]
LRGAL 2.1
GENERAL POLICY
Any individual desiring to serve as a Guardian ad Litem
(GAL) in any matter pertaining to Adoptions, Family Law
matters, Probates and Trusts, must be listed on the Guardian
ad Litem (GAL) Registry maintained by the Lewis County
Superior Court Administrator. A separate registry shall
maintained by the Lewis County Juvenile Court Administrator
for Title 13 GALS and Volunteer GALS, the program administered
by the Juvenile Court.
The Court Administrator shall maintain and administer the
GAL registries as provided herein and shall maintain
application forms and background information records
pertaining to each person applying to be listed on Title 11
and 26 registries. Persons listed on any registries shall
reapply and provide additional background information
annually by January 31. All application and background
information, with the exception of personal identifying
information in family law cases and pending complaints shall
be available for public inspection.
Persons shall be selected to serve on each registry at the
discretion of the Court, giving due consideration to: (1)
having a sufficient number of GALS available to fulfill the
requests of litigants for appointments: (2) achieving and
maintaining diversity; and (3) retaining panels of persons
with substantial experience and special knowledge with each
given field. In the event that more qualified applicants
apply than may be needed or would benefit any of the
separate programs, all applicants may not be selected for
the registry.
The Court shall periodically sponsor or approve training
programs which registry applicants shall be required to
attend to maintain and improve their level of proficiency.
Training programs may be cosponsored or offered by the State
or County Bar Associations under the oversight of the Court
or offered or sponsored by other counties under the
oversight of their courts.
Each registry may be constituted periodically after an open
application period has been publicly announced. The Court
may allow additional applicants to be added to any registry
periodically.
The Court Administrator may impose an application processing
fee and may charge a fee for any and all training programs.
[Adopted September 1, 2002]
LRGAL 2.2
Specific Registry Requirements
A. Adoption Registry
Education and Experience Requirements:
a. Attorneys
1) Member of the Washington State Bar Association in good standing; and
2) Two years of experience in the practice of law including at least three (3)
completed adoptions.
b. Non Attorneys
1) Bachelor level degree in any of the following fields: social work,
psychology, counseling, nursing, medicine, or equivalent field or equivalent
work or personal experience in the areas of child, adolescent or family
counseling or casework; or
2) Certified by the State of Washington as a social worker, mental health
therapist or marriage and family counselor, or licensed as a psychologist,
nurse, or physician in good standing;
B. Guardianship Registry
Education and Experience Requirements
a. Attorneys
1) Member of the Washington State Bar Association in good standing; and
2) Minimum two years of practice of law.
b. Non Attorneys
1) Five years experience in the following: Needs of the impaired, elderly
people, physical disabilities, mental illness, developmental disabilities,
and/or other areas relevant to the needs of incapacitated persons; and
2) For initial placement on the registry, completion of any training required
by RCW 11.88.090 as amended.
C. Family Law Registry
Education and Experience Requirements
a. Attorneys
1) Member of the Washington State Bar Association in good standing; and
2) Two years of experience in the practice of law including a minimum of 10
completed dependency and/or dissolution cases with children to include post-
resolution custody modifications; or
3) Meet the requirements C (b) 1) or 2) below.
b. Non Attorneys
1) Bachelor level degree in any of the following fields: social work,
psychology, counseling, nursing, medicine or equivalent field or equivalent
work or personal experience in the areas of child, adolescent, or family
counseling or casework; or
2) Certified by the State of Washington as a social worker, mental health
therapist, or marriage and family counselor, or licensed as a psychologist,
nurse, physician in good standing; or
3) Such other educational or employment experience that is acceptable
to the court.
c. Parentage Cases/Out of State Guardian ad Litem
In RCW 26.26 actions, a relative of the minor mother or father may be appointed
who has complied with the requirements of RCW 26.12.175 and who is otherwise suitable.
In RCW 26.33 actions involving the need for an out-of-state GAL, a non-registry
GAL may be appointed so long as the appointed GAL complies with the requirements of RCW 26.12.
D. Training
1. For initial placement on the registries, all guardians shall Complete all
training and continued training that is required by statute, State or County court rules.
E. Appointments
1. Guardianships: Any person listed on the registry may be agreed to by the
parties or a party may serve a written request upon the Superior Court
Administrator's office, who shall appoint a GAL whose name next appears on the
registry on a rotational basis in accordance with RCW 11.88.090(3)(a) subject
to that person's acceptance of the appointment.
2. Family Law: Absent a joint recommendation from the parties of a person
listed on the family law registry who has been approved by the Court, the
3. GAL shall be appointed pursuant to RCW 26.12.177(2)(b).
4. Adoptions: Any person listed on the adoption registry may be appointed upon
stipulation of the parties and the agreement of the GAL to accept the case.
Absent an agreement, the Court Administrator shall select the name of a GAL
from the registry on a rotational basis, which GAL shall be appointed by the
Court, subject to the GAL's agreement to accept the case.
F. Application
Each person requesting to be listed on any Guardian ad Litem registry shall
annually submit an application on the current form provided by the Court and
maintained by the Court Administrator.
[Adopted effective September 1, 2002; Amended effective September 1, 2010]
LCGAL 2.4
Retention on Registries
1. Persons on the registries shall promptly inform the Court of any
temporary unavailability to serve, or their intent to resign from
the registry.
2. A person shall remain on the registry unless the person fails to
maintain a current application with attachments or the person is
removed or suspended because of the grievance procedure.
3. A person may be denied listing on, or may be temporarily
suspended from the registry for any reason that places the
suitability of the person to act as a GAL in question.
4. A GAL who ceases to be on the registry and who still has active or
incomplete cases shall immediately report this circumstance to the
Superior Court Administrator, who shall reassign such cases.
5. A person’s retention on the registry shall be review
upon the Court’s receipt of a complaint regarding
performance in office or the Court’s receipt of adverse
information regarding the suitability of a person serve as a
GAL. Complaints shall be reviewed in accordance with the
grievance procedure.
[Adopted September 1, 2002]
LMMR 1.
CHILD CUSTODY PROCEEDING DEFINED
For purposes of this rule, a child custody proceeding
shall be defined as any proceeding before the court in which
custody or visitation is contested, except Juvenile Court
dependency proceedings.
[Adopted effective September 1, 2003]
LMMR 2.
FAMILY COURT SERVICES DEFINED
Family Court Services is defined as the agency under
contract with the Board of County Commissioners to provide
family court services.
[Adopted effective April 1, 1995.]
LMMR 3.
MEDIATION REQUIRED
Unless prohibited by law, all custody or visitation
disputes shall be submitted to mandatory mediation before
proceeding to trial. The mediation requirement may be
waived by the Court for good cause shown. A motion for
waiver shall be noted before the Court Commissioner. An
Order Waiving Mediation shall be filed with the Court prior
to the case being set for trial.
[Adopted effective September 1, 2003]
LMMR 4.
CONTINUING SUPERIOR COURT JURISDICTION
The requirement of mediation shall not prevent the Court
or Court Commissioner from entering temporary orders.
[Adopted effective April 1, 1995.]
LMMR 4.2
DISCOVERY
In determining when additional discovery beyond that
directly authorized by MAR 4.2 is reasonably necessary, the
arbitrator shall balance the benefits of discovery against the
burdens and expenses. The arbitrator shall consider the nature
and complexity of the case, the amount in controversy, values at
stake, the discovery that has already occurred, the burdens on
the party from whom discovery is sought, and the possibility of
unfair surprise which may result if discovery is restricted.
Authorized discovery shall be conducted in accordance with the
Civil Rules except that motions concerning discovery shall be
determined by the arbitrator.
[Adopted effective November 6, 1992]
LMMR 5.
NOTING FOR MEDIATION AND TRIAL SETTING
Upon the filing of a Response to the Petition which
contests child custody or visitation, making the proceeding
subject to these rules, the Petitioner shall immediately
note the proceeding for mandatory mediation and trial
setting on forms prescribed by the Court. The form for
mandatory mediation shall be entitled “Order to Transfer to
Mandatory Mediation”, shall be substantially in the form in
Appendix A to these rules, and shall be signed by the
attorney for each party and each party appearing pro se
prior to presentation to the Court for approval. The form
for trial setting shall be the standard Notice of Issue
available in the Lewis County Clerk’s Office.
The refusal by an attorney or pro se party to sign the
Order to Transfer to Mediation shall not delay a transfer to
Family Court Services or trial setting. Such refusal to
sign shall be noted on the Order to Transfer to Mandatory
Mediation.
[Adopted effective September 1, 2003]
LMMR 6.
APPOINTMENT OF MEDIATOR
(1) A list of Family Court Services mediators shall be
available upon request. If the parties reach an agreement
as to the mediator, the stipulation shall be noted on the
Order to Transfer to Family Court Services for Mediation.
In the absence of a stipulation the court will appoint the
mediator.
(2) The appointment of a mediator is subject to the
right of that person to refuse to serve. A mediator shall
provide prompt notification if refusing to serve. Refusal
to serve shall be based upon any grounds of interest,
relationship, bias or prejudice set forth in CJC Canon 3(C)
governing disqualification of judges.
(3) Notice of Appointment shall be mailed to each
counsel or party. Mediation shall commence within three (3)
weeks from the date of appointment unless otherwise agreed
to by the parties and the mediator, and shall be completed
within forty-five (45) days of the appointment of the
mediator.
[Adopted effective April 1, 1995.]
LMMR 7.
AUTHORITY OF MEDIATOR
Family Court Services shall determine the time and place
of mediation. In appropriate cases, the mediator shall
determine the duration of mediation and have the authority
to terminate the mediation prior to completion.
[Adopted effective April 1, 1995.]
LMMR 8.
ATTENDANCE
Mediation sessions shall normally include the parties
only, but may, by agreement of the parties, include other
persons. Attendance at mediation sessions is mandatory.
[Adopted effective April 1, 1995.]
LMMR 9.
DECLARATION OF COMPLETION
Within seven (7) days of completion, a Certificate of
Mediation Completion shall be filed by the mediator.
Counsel and the parties shall be advised by the mediator, on
a separate document attached to the Certificate of Mediation
Completion, of the results and recommendations of the
mediator.
[Adopted effective April 1, 1995.]
LMMR 10.
PAYMENT
Family Court Services shall be paid equally by the
parties, unless either or both parties are declared to be
indigent or partially indigent. Financial declarations
shall be executed by each party and a Court determination of
the financial status shall be made prior to the commencement
of mediation for consideration of indigency. Judgment for
reimbursement of mediation fees to Lewis County may be
entered in the discretion of the Court.
[Adopted effective April 1, 1995. Amended effective September 1, 2003.]
LMMR 11.
MEDIATION UNSUCCESSFUL
If the parties fail to reach an agreement in mediation, an
investigation may be ordered. The investigator shall not be
the same person who mediated the case. Upon completion of
the investigation, written recommendations shall be filed
with the court.
[Adopted effective April 1, 1995.]
LMMR 12.
CONFIDENTIALITY
The work product of the mediator and all communications
during mediation shall be privileged and not subject to
compulsory disclosure. The mediator shall not appear or
testify in any court proceedings.
[Adopted effective April 1, 1995.]
LMAR 1.1
APPLICATION OF RULES- PURPOSE AND DEFINITIIONS
(a) Purpose. The purpose of mandatory arbitration of civil actions
under RCW 7.06 as implemented by the Mandatory Arbitration rules is to
provide a simplified and economical procedure for obtaining the prompt
and equitable resolution of disputes involving claims of $50,000.00 or
less. Claims in which the sole relief sought is the establishment,
modification or termination of maintenance or child support payments
shall not be subject to mandatory arbitration unless stipulated to in
writing by the parties or otherwise ordered by the court. 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.
(b) Administration. The arbitration department shall consist of
the County Clerk, the Court Administrator or Assistant Court
Administrator, or such other person designated by the Superior Court
Judges. The arbitration department shall supervise arbitration under
these rules and perform any additional duties, which may be delegated.
[Adopted effective November 6, 1992; Amended effective October 1,
1994, amended effective September 1, 2007]
LMAR 1.3
RELATIONSHIP TO SUPERIOR COURT JURISDICTION AND OTHER
RULES-MOTIONS
All motions before the court relating to mandatory
arbitration shall be noted on the civil motions calendar
except as otherwise provided in these arbitration rules.
[Adopted effective November 6, 1992.]
LMAR 2.1
TRANSFER TO ARBITRATION
(a) Statement of Arbitrability. In every civil case the
party filing the note for trial assignment shall upon the
form provided by the court, complete a statement of
arbitrability, and serve it upon opposing counsel or party,
if not represented by counsel. 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 or arbitrability
as filed, upon the form prescribed by the court. In the
absence of such a response, the statement of arbitrability
shall be deemed correct, and the case shall be set for
arbitration. Cases transferred to the arbitration calendar
shall be stricken from the trial calendar. Unless otherwise
ordered by the court, no trial date shall be assigned in
cases, which are subject to arbitration.
If a party asserts that it's claim exceeds $50,000.00, or
seeks relief other than a money judgment, the case is not
subject to arbitration, except by stipulation.
(b) Failure to file-amendments. A party failing to
serve and file an original response within the time
prescribed may do so later only upon leave of court. A
party may amend the statement of arbitrability or response
thereto at any time prior to assignment of an arbitrator or
assignment of a trial date and thereafter only by leave of
court for good cause shown.
[Adopted effective November 6, 1992, amended effective
September 1, 2007]
VI. AWARD
LMAR 6.1
FORM AND CONTENT OF AWARD
(a) Form. The award shall be prepared on the form
prescribed by the court.
(b) Return of Exhibits. When an award is filed, the
arbitrator shall return all exhibits to the parties who
offered them during the hearing.
[Adopted effective November 6, 1992.]
VII. GENERAL PROVISIONS
LMAR 8.1
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.
[Adopted effective November 6, 1992.]
LMAR 8.4
TITLE AND CITATION
These rules are known and cited as the Lewis County
Superior Court Mandatory Arbitration Rules. LMAR is the
official abbreviation.
[Adopted effective November 6, 1992.]
LMAR 8.6
COMPENSATION OF ARBITRATOR
(a) Generally. Arbitrators shall be compensated in
the same amount and manner as judges pro tempore of the
Superior Court; provided, however, that said compensation
shall not exceed $500.00 for any case unless prior approval
is granted by the Presiding Judge. The Presiding Judge
shall determine the amount of compensation to be paid. No
county payment shall be made unless and until funding is
provided by the Lewis County Commissioners.
[Adopted effective November 6, 1992.]
LMPSR 1.1
PARENTING SEMINARS
A. The parents, petitioners, and respondents shall
complete a parenting seminar approved by the Court in all
cases filed under RCW Chapters 26.09, 26.10, and 26.26,
which require a parenting or residential plan or custody
order for minor children, including marital dissolutions,
legal separations, paternity residential plans, non-parent
custody actions, any action where one or both of the parties
is under the age of eighteen (18) years, and any action in
which the Court makes a discretionary finding that a
parenting seminar would be in the best interest of the
children. The Court may also order additional persons
involved in the parenting of the minor children to attend
the parenting seminar.
B. Major Modifications of Parenting/Residential Plans or
Custody
Orders: All parents, petitioners, and respondents involved in a
major modification of a parenting or residential plan or custody
order need to have attended the parenting seminar at least once
since the original case was filed before the court will enter
modified parenting or residential plans or custody orders. A
copy of the attendance certificate shall be filed with the Clerk
of the Court.
[Adopted effective September 1, 1995; Amended effective September 1,
2007]
LMPSR 2.1
TIME OF ATTENDANCE
All parties required by this rule to participate in a
parenting seminar shall complete a Court approved seminar
within sixty (60) days of filing of the action if the party
is the Petitioner, or sixty (60) days of filing an
appearance or a response, whichever is first, if the party
is the Respondent. In paternity actions wherein the State
of Washington is the Petitioner, attendance shall be
required within sixty (60) days after paternity has been
established and a parenting plan has been requested. In all
cases in which attendance is ordered by the Court and not
mandated by this rule, the parenting seminar shall be
completed within sixty (60) days of the date of the court
order being entered.
(Adopted effective September 1, 1995)
LMPSR 2.2
CERTIFICATION OF COMPLETION
Successful completion of the seminar shall be evidenced
by a certificate of attendance provided by the person or
agency providing the seminar and filed with the Court.
(Adopted effective September 1, 1995)
LMPSR 3.1
FEES
Every party attending a parenting seminar shall pay the
fee charged by the Court approved provider. The provider
may waive the fee for an indigent party.
(Adopted effective September 1, 1995)
LMPSR 4.1
SPECIAL CONSIDERATION/WAIVER
A. In no case shall opposing parties be required to attend
a parenting seminar together.
B. Upon a showing of domestic violence or abuse which
would not require mutual decision making pursuant to RCW
26.09.191(1), or upon a showing that a parent's attendance
at a seminar is not in the children's best interest pursuant
to RCW Chapter 26.12, the Court shall either (1) waive the
requirement of completion of the seminar, or (2) allow
participation in an alternative voluntary parenting seminar
for battered spouses.
C. The Court may waiver the seminar requirement for good cause shown.
(Adopted effective September 1, 1995)
LMPSR 5.1
FAILURE TO COMPLY/SANCTIONS
Willful failure to participate or willful delay in completion of a
parenting seminar by any party may constitute contempt of Court and
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 these rules. Nonparticipation or
default by one party does not excuse participation by any other party.
Refusal, delay or default by a Respondent will not delay the action.
Petitioner's refusal or delay shall prevent the case from being set
for trial or the entry of any final order concerning a
parenting/residential plan or custody order, except in cases where
there is a co-petitioner or counter petitioner who is in full
compliance. Other than one motion made by either party for temporary
orders that is filed within sixty (60) days of the filing of a
petition requesting a parenting plan, residential plan or custody
order, neither Petitioner nor Respondent shall be allowed to continue
to seek affirmative relief in the pending action or any subsequent
action between the same parties until the seminar has been
successfully completed and a copy of the attendance certificate is
filed with the Clerk of the Court. Agreement by the parties as to a
final order on a parenting plan, residential plan, or custody order
shall not excuse participation in the seminars by both parties. The
Court may waive the seminar requirement for good cause shown.
[Adopted effective September 1, 1995; Amended effective September 1, 2007]
LMPSR 6.1
STANDARDS
Standards for parenting seminars shall be established
by the Court and all providers shall be approved by the Court.
(Adopted effective September 1, 1995)
LMSCR 1.
SETTLEMENT CONFERENCES IN FAMILY LAW CASES
(A) Requirement. Unless otherwise ordered by the Court, all family law cases,
including those brought pursuant to RCW 26.09, 26.10, 26.26 or 26.60, in which
the parties are not in agreement as to the terms of any parenting plan, order
for placement of or visitation with a child, the determination of child support
as part of a parenting plan or order for placement of or visitation with a
child, the division of property, division of debts and liabilities, or a claim
by any party for post decree maintenance or spousal support, shall, prior to
being assigned a trial date, be set for a settlement conference. Prior to
setting for a settlement conference, the case shall be "at issue," with all
interested parties having filed answers or responses. Upon filing a notice for
a settlement conference, the Court Administrator shall assign the soonest
available date.
(B) Scheduling.
(1) To obtain a date for a settlement conference, the moving party must file a
notice of issue for a settlement conference and certify that the respondent and
all other interested parties have filed responses to the petition or complaint,
that mediation as required has been attended or waived by the court, and note
the matter on the Court Administrator's assignment calendar. The notice of
issue must be filed and served at least seven (7) court days prior to the date
scheduled for the assignment to be made.
(2) All interested parties or their counsel shall attend the assignment
meeting with the Court Administrator, and shall provide a list of unavailable
dates. Once a date for settlement conference has been assigned, the date may
be changed or continued only by the court for good cause shown.
(C) Attendance and Preparation Required. All parties and their counsel shall
personally attend the settlement conference unless other arrangements have been
made with the court in advance of the settlement conference date. At the
settlement conference, all parties shall make a good faith effort to fully
discuss and settle all unresolved issues in dispute and negotiate in good
faith. Failure to do so shall be grounds for imposition of terms.
(D) Settlement Conference Statement. The parties or their counsel shall
deliver to the court and any opposing parties a settlement conference statement
no later than fourteen (14) days prior to the settlement conference date. The
settlement conference statement shall be in such form as required by the court
and shall be available from the Court Administrator in electronic format or
hard copy. Every party shall attach to the settlement conference statement or
include with it the following information in hard copy:
(1) Complete individual (or joint) tax returns for the past two calendar years
with all schedules, IRS form 1099's, W-2's, and similar statements of income.
(2) Complete partnership and/or corporate tax returns for the past two years,
including all schedules and attachments for any entity by whom any of the
parties may be employed as an officer or director, be a member of or in which
any party has an interest of 5% or more of the capital stock.
(3) All pay stubs for the past six months or since January 1 or the current
calendar year, whichever period is longer.
(4) Copies of the most recent statement and copies of the statements current
as of the date of separation of balances due upon any mortgages, real estate
purchase or sale contracts, deeds of trust and the underlying obligation
secured by them, installment purchases contracts, time payment agreements or
accounts, credit card accounts and all other debt owed by or to the parties.
(5) The most recent employers' ERISA or other retirement statement, together
with a statement of contributions since the date of that statement of any
pension or retirement plan of any party, the most recent statement together
with a list of contributions since the date of that statement for any IRA, SEP,
deferred compensation account or other defined contribution "retirement" account.
(6) A written appraisal or its equivalent for any and all real property and
all personal property of special, unusual or extraordinary value, or a detailed
summary of the evidence to be relied upon as to the value of such items. The
parties may stipulate to a comparative market analysis for any real estate,
provided there is no disagreement as to the value of the real property.
(7) The most recent NADA Official Used Car Guide or other similar vehicle
appraisal guide showing both average loan or wholesale and retail values for
any automobiles.
(8) A summary of the source and tracing of any property asserted or claimed to
be the separate property of any party.
(9) A statement from each life insurance company issuing a policy of the
insurance on the life of any party showing the case surrender value of the
policy and any outstanding loans against its cash value.
(10) A written appraisal or business evaluation of any proprietorship,
partnership or closely held corporation of any party, or a summary of the
evidence to be relied upon as to value of the same.
(11) A list of expert witnesses to be called at trial, a summary of their
qualifications or C.V. as well as a summary of their anticipated testimony.
(12) Any other documents which any party believes to be relevant or material to
the issues remaining in dispute between the parties, together with a written
explanation of the relevance and materiality of the documents.
(13) If the issues in dispute concern a parenting plan or order of placement of
or for visitation with any child, a copy of a proposed parenting plan or order
for such placement or visitation.
(E) Sanctions for noncompliance. Failure of any party to comply with the
settlement conference rules described above may result in the imposition of
sanctions in the sum of not more than $500.00 upon the non-complying party.
(F) Other issues and Documents. If child support is an issue of a dispute
pertaining to a parenting plan, order of placement or visitation for a child,
proposed child support worksheets in the form required, together with any
required forms for determination of a deviation from the scheduled amount of
child support.
(G) Negotiations Prior to Settlement Conference. After settlement conference
statements are served, the parties are encouraged to negotiate and exchange
additional documents. Any party may file and serve supplemental settlement
conference statements prior to the scheduled settlement conference if the
party's analysis or proposal to resolve the issues has changed after reviewing
another party's settlement conference statement. If the parties resolve all
issues prior to the settlement conference, they should appear at the settlement
conference prepared to place the settlement on the record and/or enter final
orders completing the action. If the parties resolve some of the issues in
dispute, they should be prepared to discuss the issues remaining at the
settlement conference.
(H) Completion. At the conclusion of the settlement conference, if the
parties reach a settlement, the court shall schedule a hearing for presentment
of final orders. If the parties desire to continue discussing the issues, the
court may schedule a continuance of the settlement conference if warranted and
time is available.
(I) Proceedings after Settlement Conference. If the parties do not reach a
complete settlement of all issues in dispute, the matter shall proceed to trial
as to the issues remaining in dispute. Any party may submit to any other party
proposals for resolution of the remaining issues in dispute up the date of trial.
[Adopted effective September 1, 2010.]
LSPR 98.05
GUARDIANSHIP ORDERS AND REPORTS
(a) Appointment of Guardian. The initial Order of Appointment of a Guardian
shall clearly specify the due date for filing the Inventory, Budget, Personal
Care Plan and the first Annual Report, and shall schedule the hearing for
approval of the Inventory, Budget, and Personal Care Plan in conformity with
subsection (d) at the top of the Order in substantially the following form:
Due Date for Inventory, Budget & Personal Care Plan:_______
Court Hearing for Review for Inventory, Budget & Care Plan
____________, 20_____ at 11:00 a.m.
Reporting Period for Annual Report:
____________, 20_____ to _____________, 20____
Due Date for First Annual Report: _______________, 20_____
Court Hearing for Annual Review:_______________, 20_____ at 11:00 a.m.
The Order of Appointment shall contain the language "CLERK'S ACTION REQUIRED"
in the caption beneath the case number on the first page of the order.
(b) Voting Rights. Pursuant to RCW 11.88.010(5), all orders of appointment
of guardian shall address whether the alleged incapacitated person retains
capacity to meaningfully excise the right to vote. If the incapacitated
person's capacity deteriorates after appointment of a guardian, such that the
capacity to exercise the right to vote is in question, this issue may be raised
by motion at any time.
(c) Proof of Security. Within five (5) days of securing a required bond or of
blocking withdrawals from an account, proof of the same shall be filed with the court.
(d) Inventory, Budget and Personal Care Plan
(1) Due Dates. The Inventory, Budget and Personal Care Plan for an incapacitated
person shall be filed within 90 days from the date of appointment of a Guardian.
(2) Court Hearing. A hearing for the Court to review the Inventory,
Budget and Personal Care Plan shall be scheduled to occur within 14 days after
the due date of the reports. At this hearing, the Court shall determine whether
any required bond has been posted or accounts blocked, and review whether a
bond or blocked account is required. If, after review, the Court finds the
reports acceptable, the Court shall enter an order approving the inventory and
care plan, and authorizing expenditures in accordance with the budget.
(e) Annual Reports
(1) Reporting Period and Due Date. The Guardian shall file an Annual
Report on behalf of the incapacitated person annually, unless other intervals
are approved in advance by the Court. Unless modified by court order, the
reporting period for each annual report shall be determined from the date of
appointment of the Guardian. Each annual report shall be filed within 90 days
after the ending date of the reporting period.
(2) Report Summary. Each annual report shall begin with a Summary of
Annual Report substantially in the form included in the Appendix to these
Rules. The Summary shall clearly identify the reporting period covered by the
report and the due date for filing the next annual report.
(3) Court Hearing. A hearing for the Court to review the first annual
report shall be scheduled to occur within 14 days after the due date of the
report. At this hearing the Court shall review whether required bonds are in
place, accounts are blocked, or whether such security should be required. If,
after review, the court is satisfied the actions of the guardian have been
proper, the court shall enter an order approving the report. This same
procedure shall be followed for annual reports following the first annual
report unless waived by the court.
(4) Order Approving Report. The guardian shall prepare and present
any order approving report. The order approving an annual report shall identify
the due date for the next report and the reporting period to be covered by that
report in substantially the following form:
Reporting Period for Next Report:
___________________, 20_____ to _________________, 20_____
Due Date for Next Report:_________________________, 20_____
Court Hearing for Annual Review:__________ , 20_____ at 11:00 a.m.
The Order Approving Report shall contain the language "CLERK'S ACTION REQUIRED"
in the caption beneath the case number on the first page of the order.
(f) Review Hearings
(1) Delinquency. In the event an initial, annual, or tri-annual
report has not been timely filed or scheduled for Court review as required by
this rule, the Court may issue to the Guardian an Order to Show Cause to compel
the filing of the report or appearance at a hearing to review the report.
(2) Hearing Schedule. Review hearings shall be scheduled on the
Friday guardianship calendar.
(3) Sanctions. At the review hearing, the court may approve filed
reports, compel reports to be filed, impose sanctions, and take other action as
necessary to protect the interests of the incapacitated person, including
initiating the process for appointing a new guardian.
[Adopted effective September 1, 2010.]
GUARDIANSHIP SUMMARY FOR ANNUAL REPORT The contents of this item are only available on-line. APPENDIX A ORDER TO TRANSFER TO MANDATORY MEDIATION (ORTF) The contents of this item are only available on-line.
|
| Courts | Organizations | News | Opinions | Rules | Forms | Directory | Library |
| Back to Top | Privacy and Disclaimer Notices |
